요약
The Highways Act 1980 is the principal consolidating statute on highways in England and Wales. It identifies the highway authorities and their duties, governs the creation, improvement, maintenance, and stopping up or diversion of highways (including footpaths and bridleways), and creates a range of offences for interfering with the highway. Central provisions include the duty in s.41 to maintain highways maintainable at public expense, the s.38 mechanism by which new estate roads are 'adopted' by agreement, the s.278 mechanism by which developers fund works to the existing network, and the s.137 offence of wilfully obstructing the highway. A highway authority can be liable in damages for injury caused by failure to maintain, subject to the special defence in s.58.
핵심 포인트
- Duty to maintain highways maintainable at public expense (s.41), with a statutory defence of reasonable care (s.58)
- Section 38 agreements — a developer can agree for a new road to be adopted and thereafter maintained at public expense
- Section 278 agreements — a developer funds works to the existing highway network
- Criminal offence to wilfully obstruct the free passage along a highway (s.137)
- Powers to create highways and to divert or stop up footpaths and bridleways (Parts III and VIII)
- Dedication of a way as a highway can be presumed from 20 years' public use (s.31)
편과 조
개정 이력
1991 — New Roads and Street Works Act 1991
Introduced the modern street-works code regulating works by utilities and others in the highway, amending the Highways Act framework.
2000 — Countryside and Rights of Way Act 2000
Amended the law on public rights of way, including provisions on the definitive map and the creation, diversion, and extinguishment of paths.