Roadside Memorials
1. Introduction
1.1 It is increasingly common for families and friends to place memorials on the highway in memory of loved ones who have died in road accidents. The County Council recognises and respects the wish of the bereaved to mark road deaths in this way but has a duty to keep the public highways safe. The County Council therefore has to balance the wishes of the bereaved with public safety. The distraction of motorists and the safety of those placing or maintaining memorials are the overriding safety issues in the consideration of road side memorials.
1.2 The Highways Act 1980, however, has no express provision to licence or permit memorials on the highway.
1.3 Not-withstanding the above, a number of Highway Authorities have been criticised in the media for insensitive intervention and handling of the situation by insisting that all types of memorials are removed after a short time. The Scottish Authorities have produced a procedure which follows a similar line to the policy proposed for Hampshire. It is proposed that all situations such as this are dealt with in a sympathetic, understanding and sensitive way and where and when appropriate staff will liaise with those who wish to place memorials on the highway via the Roads Policy Unit, family liaison officer.
1.4 The Hampshire Constabulary Policy Traffic Unit have been consulted and endorse the approach outlined.
2. Relevant Legislation and Documentation
2.1 The provisions of the Highways Act 1980 Section 132
2.2 Traffic Signs and general directions regulations 2002
2.3 RoadPeace. The National charity for road traffic victims web site address www.roadpeace.org
3. Policy
3.1 Low key memorials such as the discrete placing of a small flora tribute or small soft toys at certain times of the year and for limited durations at the roadside may be acceptable provided there is no significant risk of driver distraction or undue risk to the individual visiting the location. Any items should be placed clear of any locations where highway maintenance is likely to be undertaken, e.g. grass cutting. They should also be placed away from locations that are hazardous to access, such as carriageway central reservations and busy roundabout central islands.
3.2 Permanent Monuments will not be allowed on the highway and should be removed on safety grounds.
3.3 In these situations the bereaved should be contacted and encouraged to accept an alternative memorial such as appropriate planting of a shrub or tree in keeping with the location. Contact shall be made through the Hampshire Constabulary Road Policing Unit family liaison officer.
3.4 The Hampshire Constabulary Road Policing Unit family liaison office should be made aware of this policy and encouraged to assist by relaying it on to the family and friends of the bereaved.
4. RoadPeace ‘Remember Me’ signs
4.1 RoadPeace have promoted the placing of small memorial signs saying ‘remember me’ to mark road accident fatalities. The signs have no official sanction with the Department For Transport (DfT) and hence there is no current legislation or guidance for the County Council to approve the placing of these on street furniture. They are therefore unauthorised until further advice is received from the DfT.
These signs are usually put up instead of roadside flowers or memorials and may provide a low maintenance and a more acceptable alternative should they be approved by the DfT. There are concerns about the proliferation of these signs should they be widely used and promoted.
Version No: 1.1
Effective: From -10/01/2006
If copied or printed, this document should be treated as uncontrolled and correct only at the date it was copied or printed.