Potholes and cyclist safety: why reporting road defects matter

The Transport Secretary has also recently announced plans to allocate almost £1.6 billion to fix the ongoing pothole crisis in England. This is incredibly welcome and we are told this will be the equivalent of nearly 7 million extra potholes repaired. 

As a cyclist, I cannot think of many cycle rides where I haven’t encountered at least one defect in the road where I’ve needed to take some sort of evasive action. Whether it’s a sunken drain cover, pothole, dip or raised surface. Repairing these defects is essential but according to Cycling UK, there’s an average of one road defect for every 110 metres of road. This begs the question how does the system of repairing our roads actually work?

How are roads inspected for defects?

The basic principle applied by local councils up and down the country is that the busier the road is, the more likely there will be a regular inspection. The most frequented roads in the UK are often inspected at least once a month while quieter roads can be inspected once every three months and even annually.

Given that defects can appear in the road quickly, particularly in the winter months, highway authorities rely on members of the public to help them identify defects that may be considered dangerous to road users.

However, from my experience there appears to be a lack of consistency between regions and even between individual inspectors as to whether a defect in a road should be repaired or not.

Councils argue that not every defect in the road is considered ‘dangerous’ to road users and therefore does not warrant repair. National guidance put together by the Road Liaison Group outlines that a risk-based approach needs to be adopted, and inspectors are encouraged to use their discretion as to whether a defect is dangerous to road users.

However, currently most highway authorities set a minimum intervention level for the depth of defects to be repaired, which is normally at 40mm deep. You don’t have to be a regular cyclist to be able to imagine what could happen if your cycle wheel hits a 30-39mm deep pothole – the consequences can be extremely serious.

This arbitrary depth rule is more dangerous to cyclists than it is to four-wheeled vehicles on the road. So, what can we as cyclists do about this?

Why is it important for cyclists to report potholes?

It is essential to report dangerous defects especially if it is towards the left of the road, on a fast section or hidden. This simple act could save a fellow cyclist from catastrophic injuries or worse.  

Councils will use a lack of reporting as a defence in a legal claim against it. If they have no reports of a defect in-between an inspection period and an incident, that is often their ‘get out clause’. They will often say the defect must have occurred within that period of time between inspections, that they couldn’t have reasonably known about it, and that they have a statutory defence.

This defence is not so easy if members of the public have put them on notice about it. The advice from a number of charities is that if you see a defect in the road that you consider could cause problems for other cyclists, and it is safe to do so, stop, and take a picture of it with your water bottle, pump or any reference point in it at the deepest point.

How can cyclists report a road defect?

There are a number of places you can report defects. If you know the county or borough you are in, then simply go onto the local authority website and there should be a reporting system available.  

Most county council websites will have a map that shows existing reports by other members of the public, and their status.

If you see the defect on the council’s system already, it is encouraged that you report the defect again, as the more the public report the defect, the more dangerous it will be perceived by road users including cyclists, and the local authority.

If you are not sure of the county or local authority you are in, you can simply go onto the government website and find the relevant Highway Authority using a postcode search. This can be particularly useful in cities like London that are divided up into local boroughs.

If you have reported a pothole or defect in the road that is the responsibility of your local authority and nothing has been done about it you can raise a Section 56 Highway Authority 1980 Notice. It is more complicated than just reporting but something members of public can do. The Ramblers website gives a nice understanding of how it works.

Better roads for cyclists means better roads for all

Whilst it costs a significant amount of money to maintain roads in the UK, more and more people using public roads are bringing claims for damage and injury caused because of disrepair.

Slowly highway authorities are adapting their measures when considering the impact that the condition of the roads can have on ALL road users.

Devon County Council have recently conducted a trial, using the mobile app Strava, to identify popular roads used by cyclists to give these routes more priority and consideration for repair.

In addition, the National Cycle Route stretches across thousands of miles of public Highway in the UK and some authorities now recognise the need to give this extra attention, particularly as lots of cyclists use quieter roads free from vehicles which are inspected less frequently.

The Highway Code specifically recognises vehicles, cyclists and pedestrians as “road users”, therefore highway authorities need to pay serious attention to this when considering the condition of our roads and whether they are fit for all road users.