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NIGH LOADS

5th October 1989, Page 53
5th October 1989
Page 53
Page 53, 5th October 1989 — NIGH LOADS
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Which of the following most accurately describes the problem?

QWe transport loads up to 4.5m high and frez quently encounter telephone wires which are lower than our loads.

I have heard that there is a minimum height that such wires should be set at.

Could you advise me what this height is and, if there is such a regualtion, who is responsible for the cost of putting wires back if we pull them down? PS, Uttoxeter AThe height of telephone wires is governed by the terms of the licence issued by the Department of Trade and Industry to British Telecom under Section 7 of the Telecommunications Act 1984.

Paragraph 8.1 of Condition 8 of Schedule 4 of the licence states: "Lines installed over the carriageway of a maintainable highway shall be placed at a height of not less than 5.5 metres (18.03ft) above the carriageway, or in the case of a designated high-load route, not less than 6.5 metres (21.3ft), except where the Highway Authority has previously agreed in writing."

If you bring down telephone lines at a height of 4.5 metres, unless the road was clearly marked with a height restriction, you have no responsibility.

For cables to be lower than the prescribed limit the Highway Authority responsible for that road would have had to give permission to BT, and the responsibility of clear markings would have been both on the Highways Authority and on BT. If you damage your vehicle or any load in this situation you could sue British Telecom.

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