Highways

Highways guidance:

Abandoned vehicles offences Section 2 of the Refuse Disposal (Amenity) Act 1978 (RD(A)A 1978) makes it a criminal offence to abandon, without lawful...

Practice Note

The main highways law issues concerning bridges and tunnels are as to the: • rights of the public to pass and re-pass across bridges or through tunnels,...

Practice Note

General objective of local traffic authorities—contemplating making a traffic order Traffic regulation often engineers special privileges for favoured...

Practice Note

Consolidation and minor changes orders A road traffic order that merely consolidates earlier orders into one should be uncontroversial, as by definition no...

Practice Note

The right to roam on open land has many similarities to the right to travel from A to B (which characterises a public highway), but the right to roam is entirely...

Practice Note

The fundamental public right in relation to a highway is for individual members of the public to pass and re-pass along its length. Along most highways, of...

Practice Note

Statutory basis and effect Every highway authority must keep a definitive map and statement (DMS) of the public rights of way in its area. The DMS kept by any particular...

Practice Note

The whole point of the Definitive Map and Statement ('Definitive Map') of public rights of way etc is that it is definitive. However, although it is definitive it is not...

Practice Note

The enforcement of road traffic regulation orders is more complex than for some other offences because the initial evidence that an offence has taken place...

Practice Note

Section 249 of the Town and Country Planning Act 1990 (TCPA 1990) provides that an order to extinguish vehicular rights on a highway may be made where certain conditions...

Practice Note

The common law recognises two sorts of highway ferry and distinguishes them by where they run. One sort runs from town to town or to a particular island and the other...

Practice Note

Need for specific additional enquiry where highway access is crucial Direct access to the highway can be fundamental to the viability of a development. In Gooden, the...

Practice Note

Section 137 of the Highways Act 1980 (HiA 1980) states that it is an offence ‘if a person, without lawful authority or excuse, in any way wilfully obstructs the free...

Practice Note

Historically, the width of a highway was rarely contentious. The right of highway was (and is) a right to pass and re-pass; a right to travel from A to B....

Practice Note

The duty of every highway authority to maintain a highway maintainable at the public expense is more onerous during adverse weather conditions. Ice, snow...

Practice Note

Placing scaffolding, hoardings or skips on the highway (including pavements) is an obstruction and, strictly, constitutes a nuisance. Section 137 of the Highways Act 1980...

Practice Note