Commentary

37 Standard and need for repair

HIGHWAYS vol 18
| Commentary

37 Standard and need for repair

| Commentary

37 Standard and need for repair

The duty to maintain highways is now governed by statute, but reference to older cases may still assist in interpreting the meaning of ‘maintenance’ under the Highways Act 1980. The duty is to repair the highway and keep it in repair in such a state as to be fit for ordinary traffic1 and in an ‘appropriate condition’2. If the traffic increases in volume or alters in character, the highway authority must adapt the road to meet the new requirements3 although there is no duty to widen the highway4.

Whether a highway is or is not

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