Summary: We will not investigate this complaint about the Council imposing a temporary 40mph limit on a main road in his area. There is insufficient evidence of any significant injustice which would warrant an investigation.

The complaint

1. Mr X complained about the Council imposing a 40mph limit on a bypass in his area until new signage and lighting can be introduced. He says this causes inconvenience to motorists and should only be applied during the hours of darkness.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

(Local Government Act 1974, section 24A (6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says the Council imposed a 40mph speed restriction on a one mile section of a bypass following traffic accidents at roundabouts. The Council says this is because the bypass was created without illumination as it is in a rural area and this was part of environmental mitigation. Because motorists have been involved in accidents with roundabouts increased signage and some illumination will be provided to encourage better driving at night.
6. Mr X says the restriction has been in place for several months and there is no indication of when the works will be carried out. He says the restriction should not apply in daylight because the lighting issue is irrelevant in daytime. The Council told him that the scheme is being designed and that the limit can only be applied full time, there is no provision in the legislation for speed restrictions for certain hours.
7. The Council is the highway authority and it has imposed the speed restriction for the safety of highway users. Highway authorities have a wide range of powers under the legislation and they can make decisions on signage, illumination and speed limits where they believe it enhances highway safety. Mr X has not suffered personal injustice from the limit. Drivers are required to observe any speed limits and restrictions applied to the highway and it is a matter for the Police to enforce any speed restrictions in place.

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Final decision

8. We will not investigate this complaint about the Council imposing a temporary 40mph limit on a main road in his area. There is insufficient evidence of any significant injustice which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman