[Talk-GB] Private roads that are private for maintenance but are publicly accessible

[Colin Smale]

On 26/05/2010 13:12, Ian Spencer wrote:
> Hi
>
> I noticed that a local road which is private is designated as
> access::private on OSM. My reading of that tag is that it implies users
> need permission to use the road. However, in common with many private
> roads, it is in private maintenance, but it is public access - they have
> never tried to restrict public access, nor is the "private" sign
> anything other than a statement that the road is private, it does not
> say, for example :Private, no entry". As far as any user is concerned,
> they can treat it as a normal road.
>
> I suppose the appropriate thing is to change access yes (or whatever the
> normal state is), and then add a note to ensure it is not re-instated.
> Does that sound right?
>    
Is this not what "access=permissive" is for? If a public right-of-way can be asserted (i.e. the landowner could not legally stop you using the road even if he wanted to) then it might be considered a public road (access=yes) with the "minor detail" that the Highway Authority (responsible for maintenance, signing etc) is the landowner and not the Highways Agency or the local authority. AFAIK the Highway Authority is not tagged explicitly at the moment, only vaguely implied by the highway type, e.g. the Highways Agency for highway=motorway and highway=trunk, local authority for most other roads. The most obvious way of designating the HA would be the "operator=" tag but I don't think that's in widespread use, even in France where the major motorways are mostly operated by a private company.

Colin