andrew Posted February 9, 2009 Share Posted February 9, 2009 I was talking to someone today who said that you are still allowed to go over the mountain when its road closed but you are not insured. When the road is closed due to bad weather, an official DOT Road Closure is in place (when the Police shut the road, they still need to get "permission" from the DOT to do so!), and so the only people allowed on the road are the DOT, Emergency Vehicles and normally people who need access (e.g. the people who live at Kates Cottage can go from the Creg to their house, and farmers who need to get to their animals/fields off the mountain road). If you are caught up there by the Police, and have no real reason to be up there, then you can be prosecuted for being on a closed road. Also, if you crash up there when the road is closed, then the Police will make sure that your insurance company know that you were on a closed road. As such they are more than likely to refuse any payout on your vehicle. You won't get prosecuted for no insurance, as the insurance company will still cover any third party liability (e.g. if you have demolished a wall, fence etc) but they won't pay to fix/replace your own car. Link to comment Share on other sites More sharing options...
Lawnmower Posted February 9, 2009 Share Posted February 9, 2009 I was talking to someone today who said that you are still allowed to go over the mountain when its road closed but you are not insured. When the road is closed due to bad weather, an official DOT Road Closure is in place (when the Police shut the road, they still need to get "permission" from the DOT to do so!), and so the only people allowed on the road are the DOT, Emergency Vehicles and normally people who need access (e.g. the people who live at Kates Cottage can go from the Creg to their house, and farmers who need to get to their animals/fields off the mountain road). If you are caught up there by the Police, and have no real reason to be up there, then you can be prosecuted for being on a closed road. Also, if you crash up there when the road is closed, then the Police will make sure that your insurance company know that you were on a closed road. As such they are more than likely to refuse any payout on your vehicle. You won't get prosecuted for no insurance, as the insurance company will still cover any third party liability (e.g. if you have demolished a wall, fence etc) but they won't pay to fix/replace your own car. I challenge you to quote the ACTUAL legislation which makes it an offence to drive on the Mountain Road after it has been 'closed'. DOT were not able to provide me with it a couple of years ago, and seemed to admit that their closing the road ws done without statute, but in the interests of safety, and the 'closing' was not valid. Maybe things have moved on and someone can quote the actual regulation or act which makes it an real prosecutable offence. Link to comment Share on other sites More sharing options...
Heathen Posted February 10, 2009 Share Posted February 10, 2009 just depends what gd reason u have to be up there for to give the cops, I take it "a snowball fight" wouldn't cut it then? Like this maybe? (from about 2.30 in - not my kind of music, just a link from another forum I use) Link to comment Share on other sites More sharing options...
Stavros Posted February 10, 2009 Share Posted February 10, 2009 Also, if you crash up there when the road is closed, then the Police will make sure that your insurance company know that you were on a closed road. As such they are more than likely to refuse any payout on your vehicle. You won't get prosecuted for no insurance, as the insurance company will still cover any third party liability (e.g. if you have demolished a wall, fence etc) but they won't pay to fix/replace your own car. I challenge you to quote the ACTUAL legislation which makes it an offence to drive on the Mountain Road after it has been 'closed'. I would like to challenge the assertion that the insurance company would not pay out for any damage to your own vehicle under the above circumstances. Link to comment Share on other sites More sharing options...
andrew Posted February 10, 2009 Share Posted February 10, 2009 I challenge you to quote the ACTUAL legislation which makes it an offence to drive on the Mountain Road after it has been 'closed'. DOT were not able to provide me with it a couple of years ago, and seemed to admit that their closing the road ws done without statute, but in the interests of safety, and the 'closing' was not valid. Maybe things have moved on and someone can quote the actual regulation or act which makes it an real prosecutable offence. I am guessing it is this: HIGHWAYS ACT 1986Section 38 - Temporary closure of highways (1) The Department may by order provide for the closure of any highway to such traffic or classes of traffic, and on such days or at such times, as may be specified in the order. (2) An order under subsection (1) may contain such incidental or consequential provision as the Department considers necessary for the temporary suspension and regulation of traffic (including tramway and railway traffic). (3) The Department shall give such public notice of the making of an order under subsection (1) and of its effect as it considers necessary in order to bring its effect to the attention of the public, and shall give notice of such making to the operators of any railway or tramway undertaking whose traffic is affected by the order. (4) Any person who, without lawful authority, enters or is found on any highway closed by order under subsection (1), or contravenes any provision of such an order, shall be guilty of an offence. As I understand it, when the Police want to close a road, they contact the DOT and someone there signs an Emergency Road Closure for that period and faxes it back to the Police. The Police then contact the local Radio Stations telling them that the road is closed which satisfies section 3 above. The same happens when say the Water Board need to close a road to fix a burst pipe. The DOT have to make an emergency road closure notice and then if you break that, you can be prosecuted under section 4 above. Different rules apply for the TT/MGP etc as this comes under the Road Races Act 1982. Certaintly people have been in court previously for having been caught driving up on the Mountain road whilst it has been closed due to snow, so the legislation must be there!!! Link to comment Share on other sites More sharing options...
andrew Posted February 10, 2009 Share Posted February 10, 2009 The only time where there may not be legislation about a closed road would be when say there is a road accident and the road is blocked for 10 minutes or so by the Police/Ambulance/Fire vehicles attending the scene. I doubt they would apply for an order for that short time, so if you did try to get through and managed to get past all the emergency vehicles then I guess you coulnd't be done for it. Link to comment Share on other sites More sharing options...
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