Q&As

Are public owned car parks covered by the duty to maintain under section 41 of the Highways Act 1980?

read titleRead full title
Published on LexisPSL on 23/06/2016

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Are public owned car parks covered by the duty to maintain under section 41 of the Highways Act 1980?
  • Maintenance of a highway
  • Definition of highway
  • Is a car park a road?
  • Highways maintainable at the public expense

There does not appear to be a specific authority on this point.

Maintenance of a highway

Section 41 of the Highways Act 1980 (HIA 1980) provides that the highway authority is under a duty to maintain the highway. It is the duty of the highway authority to maintain the road in such a state of repair as to be passable in safety at all seasons of the year. See Practice Note: The duty to maintain the highway. Highways that are maintainable at the public expense are further defined by HIA 1980, s 6. You may also find the attached PSL®Local Government Practice Note: Statutory adoption of highways: Maintenance responsibility useful on this point.

Definition of highway

The definition in the HIA 1980 covers any road, street, path, pavement, passage or right of way over which there is a public right of access.

HIA 1980, s 328 states that a highway is the whole or any part of a highway, other than a ferry or waterway, whether or not it passes over a bridge or through a tunnel. However this section fails to define what a highway is and as a result the common law is still important when determining whethe

Related documents:

Popular documents