Winston Herbert (left), section leader of St. Philip Depot, highlighting the work which is taking place to Minister of Transport and Works, Michael Lashley, in Goodland, St. Michael as work started yesterday to address pothole challenges.
MTW staff working on repaving roads in Goodland, St. Michael yesterday.
CLEAR-CUT!
Tue, 01/10/2017 - 12:00am
Law straightforward on damages from potholes
THE law is clear.
So says Minister of Transport and Works, Michael Lashley, as he addressed the question of compensation for drivers who contend that their vehicle has been damaged because of the pothole situation on the highways and byways of the island.
According to Lashley, “It is the practice at the Ministry that once you send a claim into the Ministry, the Ministry then does the investigation. Once liability is established we pay up to $2 500. Any damage after $2 500 goes to the Solicitor General’s Chambers for them to deal with it.”
While persons may complain that the process takes too long, he said that is out of his control, however he noted that recommendations have been made to raise the level of compensation that can be paid by the MTW.
“We have made the recommendation ... that to take some of the load off the Solicitor General’s Chambers, to let our two lawyers deal with the claims up to $5 000.
“We are saying that there must be something in terms of compensation and getting it in a speedier way, that we can probably increase the limit to about $5 000. So that claims over $2 500 that the MTW can deal with you and take some of the burden off the Solicitor General’s Chambers. Because we have lawyers at MTW that can process them quickly and get them done.”
He explained that this was a policy decision, so Cabinet would have to make a decision on that matter.
As it relates to the need for greater collaboration between the MTW and the utility companies, he explained that they are required to give the Chief Technical Officer notice in relation to what work they are going to do on the road as it relates to any interference with the surface.
“The problem that we are facing is that the time to put the road back into repair that is an issue, so we will have now to look at a piece of legislation that will consolidate and ensure that these utility companies, that they have a time period in which to bring the road back into the state of repair that it was before.”
“In some jurisdictions, there is something called a Street Works Act and that is something we have to look at. We have to discuss this and see how the law requires all the utility companies to work together and have a time period that they have to put the road back into the state that it was before. It is taking a little too long. They work with us, they are not our enemies, but I am saying we have to put something in the body of the law.”
“We have a draft Street Works Act that we now have to put in place. The Highway Act also gives the Chief Technical Officer some power too but it is good to put it under a single piece of legislation called the Street Works Act. That is the way forward,” he stated. (JH)