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.

Hello Graham,

The latest authority that I can find is:-

The Electricity Safety, Quality and Continuity Regulations 2002

Over to you!!

Mike

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.

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

Dear Graham,

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

Mike

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.