Piers Riley-Smith

This Practice Note identifies the main highways law issues concerning bridges and tunnels as the rights of the public to pass and re-pass across bridges or through tunnels, and maintenance liability for them. It describes the four types of highway bridge and discusses who is responsible for the maintenance of the bridge in each case, referring in particular to the Highways Act 1980 and the Transport Act 1968. It summarises relevant legislation specific to toll bridges and tolled tunnels, new bridges across navigable water, bridges across boundaries, and footbridges.

This Practice Note considers the common law and statutory ways in which a highway may be created without express agreement between the landowner and the public.

This Practice Note refers to people’s legal right to use vehicular transport, ride a horse or drive animals along most highways. It explains that the most frequent classifications of highways into types are by permitted traffic (for example, a footpath or bridleway) and maintenance authority (for example, a classified road or GLA road). There is also an alphabetical list with description of the major highway types in England and Wales.

This Practice Note highlights the relevant authorities duty under the Wildlife and Countryside Act 1981 (WCA 1981) to keep the Definitive Map (DM) under review. It identifies the events that may lead to a modification, and who is likely to apply for a modification order. The procedure for making a Definitive Map Modification Order (DMMO) is explained, pointing out the correct format, the accompanying information needed and the decision making process followed by the Definitive Map authority. The formalities that follow a DMMO are explained, stating the authority that is responsible for each action.

This Practice Note summarises the statutory right for a member of the public to require the highway authority to repair a highway. It covers the procedure prescribed by section 56 of the Highways Act 1980 through the magistrates’ court for determining that a highway is out of repair. It does not cover proving that a way is a highway and that the highway authority is liable to maintain it, if that is disputed. It also covers drains, structures, public footpaths and bridges.

This Practice Note explains the procedure for statutory undertakers and those with street work licences to use the highway for utility works and apparatus through the statutory provisions in the New Roads and Street Works Act 1991 and other enabling legislation. It explains who are statutory undertakers. It sets out the duty of care owed both statutory and in common law to other highway users.

This Practice Note provides guidance on the ownership and creation of highways. It covers: the meaning of a ‘highway’; classes of highway; publicly and non-publicly maintainable highways; the creation of highways through public path creation agreements and orders and express and presumed dedication of highways; the duty to maintain highways; and the role of National Highways.

This Practice Note explains the civil powers available to a local highway authority for dealing with highway obstructions. It covers what an obstruction is and what the highway authority’s statutory power and duties are to deal with obstructions.

This Practice Note explains the criminal offences which a local highway authority could consider prosecuting under when dealing with highway obstructions. It covers what constitutes an obstruction, what the highway authority’s duties are in relation to obstructions, what prosecution powers are available within the Highway Act 1980 and other statutory provisions.

This Practice Note distinguishes between highways that are privately maintainable and highways that are maintainable at the public expense. It explains that the constructor retains liability for a new adopted highway until it has been open for around 12 months. Other highways may be privately maintainable by reason of tenure, enclosure, or prescription. It discusses the use of section 38 of the Highways Act 1980 (HiA 1980) agreement which allows for the adoption of a highway, passing the maintenance liability to the highways authority. The Note also sets out the public bodies that have a duty under HiA 1980 to maintain highways maintainable at public expense, including the Secretary of State, county councils, metropolitan or unitary councils, and London boroughs.

This Practice Note discusses the difference between highway land merely vested in the highway authority and highway land belonging completely to the authority. It summarises key cases and legislation including the Highways Act 1980 (HiA 1980) and the Local Government Act 1929, and explains that where the highway land is merely vested, the highway authority’s ownership extends physically to the top two spade-depths of the relevant land or as far down as is necessary for the construction and maintenance of the highway, including its drains. While such a vested ownership is usually sufficient, highway authorities may buy freehold estates in land under HiA 1980 for the construction of new or improved highways.

This Practice Note explains that the quality of highway maintenance required depends on the expected ordinary traffic on the highway in question. It also explains that individuals who sustain injury from danger on a highway can sue the highway authority for negligence and that if the highway authority can prove it took reasonable care it has a statutory defence under the Highways Act 1980. It also notes that at common law, the duty is to keep the highway in reasonable condition, not improve it. The authority must conduct routine inspections of the highway surface and have a system for incoming reports of damage, but the duty to keep the highway in repair does not extend to the damage done by extraordinary traffic.