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PTS Law Ltd
PTS Law Ltd, Personal Injury Consultants
Category: UK Law
Satisfied Customers: 2270
Experience:  APIL (Association of Personal Injury Lawyers) 1st Tier Expert
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RULES ON MIN HEIGHT FOR PHONE WIRES CROSSING THE HIGHWAY ALSO

Customer Question

RULES ON MIN HEIGHT FOR PHONE WIRES CROSSING THE HIGHWAY ALSO CROSSING PRIVATE LAND
Submitted: 5 years ago.
Category: UK Law
Expert:  PTS Law Ltd replied 5 years ago.
Dear Graham,

As luck would have it I was involved recently in a claim which hinged upon this very point.

I say, "as luck...........", because I could find no reference to it at the time and had to seek the advice of a Surveyotr pal who told me that, over a pedestrian walkway ( I call the footpaths!) the minimum height is 2.6m (8ft 6ins) and over a highway it is 5.2m (17ft)

For private land there is, apparently, no height specified; only that it must be sufficiently distanced from dwellings,other constructions .................... (and trees!!) as to cause no hazard. This final one is contained in some Statutory Instrument or other the title of which rins to two lines of print.

Thank you for testing me at this time of night!!

If you would like clarification on any point, please don’t hesitate to ask me but, in that event, please click the ‘Accept’ button. I will still continue our dialogue.


When we are finished, please, leave ‘Feedback’ so that others can read your views on the quality of service which we provide
.

Best wishes,


Mike

PTS Law Ltd


PTS Law Ltd, Personal Injury Consultants
Category: UK Law
Satisfied Customers: 2270
Experience: APIL (Association of Personal Injury Lawyers) 1st Tier Expert
PTS Law Ltd and other UK Law Specialists are ready to help you
Expert:  PTS Law Ltd replied 5 years ago.
Dear Graham,

I've read your negative feedback and am, naturally concerned.

If the height to which you refer is that over a highway, it surely cannot be correct as 3.7m would not allow clearance for a double decker bus.

For Agricultural land I have seen the SI myself and, if your information from BT is in this regard please let me know.

When this is resolved to your satisfaction I suggest one of two solutions. 1) If you are satisfied that your alternative answer is correct I will support your application to JA for a refund of monies paid. or 2) If the converse is accepted by you then you will withdraw your negative feedback. Are you prepared to agree to this?

Best wishes,

Mike.
Customer: replied 5 years ago.

Hi Mike

 

I am prepared to agree to your solutions

 

I am told verbally by BT personell that the new min height for phone wiers crossing private land is 3.7 meters ( 12ft 2in ) that is private drive ways etc NOT Highways

 

I have since found this out from the GOOGLE webbsite

Expert:  PTS Law Ltd replied 5 years ago.

Hello Graham,

 

The latest authority that I can find is:-

 

The Electricity Safety, Quality and Continuity Regulations 2002

 

Over to you!!

 

Mike

Customer: replied 5 years ago.

Hi Mike

 

what does this mean over to me?

 

All I want to know for sure the min height for phone wires crossing private land driveways etc

Expert:  PTS Law Ltd replied 5 years ago.

Hi Graham,

 

I've played an exposed hand. I am prepared to rely on that SI as My Authority.

 

You say that I am incorrect and thereefor (impliedly) that there is subsequent legislation which covers the point.

 

For all I (or you) know, BT have quoted to you some internal or in-house rules which go beyond the legal requirements. Your question was asked in the UK legal section of JA. Therefor you were asking the legal position and not the in-house, self-imposed one.

 

If I am wrong then surely it is reasonable to ask you to tell me why?

 

Mike.

Customer: replied 5 years ago.

Hi Mike sorry for the delay with the reply but I was called out last night

Anyway I am not implying that you are wrong but clearly someone is wrong BT personnel say the new min height is now 3.7 meters off ground as apposed to the

old min height of 3 meters so you can see I am still none the wiser this is why i contacted JA have you tried the google website ? I would like to know the correct answer

Customer: replied 5 years ago.

Hi Mike sorry for the delay with the reply but I was called out last night

Anyway I am not implying that you are wrong but clearly someone is wrong BT personnel say the new min height is now 3.7 meters off ground as apposed to the

old min height of 3 meters so you can see I am still none the wiser this is why i contacted JA have you tried the google website ? I would like to know the correct a

answer

 

Customer/p>
Expert:  PTS Law Ltd replied 5 years ago.

Dear Graham,

 

You will appreciate, I'm sure, that I will only advise on the basis of legislation, whether it be a Statute or a Statutory Instrument. I have access to a number of sources and the latest authority is the SI of 2002 to which I have referred you. I don't exclude Google, indeed it can very often be of assistance where other sources have failed me.In this case, Google also references that same SI and nothing later.

 

In these circumstances, as BT have given different information, I think that it would be reasonable to ask them whether such information is based on a particular piece of legislation and if so, which one. Alternatively, are these merely self imposed standards

 

Leaving our 'deal' to one side, I assume that it is important for you to know otherwise you would not have asked trhe question. Its significance from a legal point of view is:- "Tom drives his truck along a highway and the load catches on a BT cable, causing damage to the load and to the truck. I act for Tom. Do I bring his action based on their breach of Statutory Duty or (having regard to some peculiarity or other) do I base it on a simple duty of care 'having regard to......'

 

BT should be willing to tell you upon what basis their information is given.

 

I have given the basis for mine. Do they wish to correct me? I am, of course willing to be corrected, as you know.

 

Best wishes,

 

Mike

 

 

Customer: replied 5 years ago.
Expert:  PTS Law Ltd replied 5 years ago.

Dear Graham,

 

No message came through with that last post (timed 9.00 PM)

 

Mike

Customer: replied 5 years ago.

Hi Mike

The reason I would like to know and get facts right is the wire in dispute is my neighbours BT had to fit a new wire for him the wires are all fitted to the dormer bungalow window in the roof they told him they could' nt put the wire back

there because Health & Safety rules would' nt allow them to put it back there, so they

attached to his garage which is semi detached to my garage at rear of our bungalows my

property being 5ft 6in higher than his I could stand in my drive and touch the wire, I requested they move it further over they could' nt because they could 'nt get the new height of 3.7 meters off ground after a lot of complaining they have moved it further over

which makes it much lower than and unsightly after complaining they say it is legally placed when I reqested they move it over in the place they implyed it was 'nt and they

are not willing to discuss it with me or show me any legislation

 

Customer: replied 5 years ago.

Hi Mike

No message received from you since my last message 20' th 2008

 

Customer/p>
Customer: replied 5 years ago.

Dear XXXXX

 

Please could you clarify where we stand on this issue

Many Thanks

Kind Regards

Customer/p>

 

Expert:  PTS Law Ltd replied 5 years ago.
Dear Graham,

Sorry for delay. JA have had problems with the site for most of the day

In the interests of clarity, I'm going to be economical with my words. Please do not take this as rudeness; that is NOT my intention.

You asked a question. You asked it on a 'UK Law ' section of JA. You therefor required an answer as to what the law is - not what the standards are to which BT work.

I gave you the latest legal authority which I could find. You obtained information from BT as a result of which you posted my only Negative 'Feedback.

I asked you whether your information was based on a standard to which BT work or if it was contained in a Legal Authority which was more up to date than the one which I had researched.

You have not resoonded.

Mike.
Customer: replied 5 years ago.

Dear XXXXX, I have just received your message, as I said in last email I am still none the wiser, this why I contacted JA B.T given me so many conflicting excuses they told me the old regulation height was 3meters and the new height is 3.7meters. I have sent sent two emails to Kim Cabot at JA with regards XXXXX XXXXX refund, but have not received a reply.

I do not mean to be rude in any way. but I have never mentioned agricultural land only private driveways etc. So what if we settle for a 50% refund and leave it at that

 

Kind Regards

Customer

 

 

Customer: replied 5 years ago.

Dear XXXXX

I've had no reply to my email I sent you on 27/11/08 with regards XXXXX XXXXX refund

Regards

Customer/p>

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