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 authority, a motor...
Wildlife and Countryside Act 1981, section 53(2) and Schedule 14, para 1 [Title of Definitive Map and Statement] To: [name of authority] of: [address of authority] [I OR...
Produced in partnership with Michael Orlik of Lodders Solicitors In the County of [insert county] Petty Sessional Division of [insert] The Complaint of [insert name] of...
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, and • maintenance...
General objective of local traffic authorities—contemplating making a traffic order Traffic regulation often engineers special privileges for favoured forms of traffic,...
Closure Application Notice Notice of Proposal to Apply for an Order [stopping up OR diverting] a highway under the Highways Act 1980 section 116 Take notice that [insert...
Consolidation and minor changes orders A road traffic order that merely consolidates earlier orders into one should be uncontroversial, as by definition no substantial...
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...
The creation of highways without express agreement Creating a highway without an express agreement has long been possible at common law and there are now statutory...
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 course, but...
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...
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...
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 is often...
Notice of a direction to leave this land To all occupants of vehicles on this land and to any other persons with them From [insert name of Local Authority] We hereby give...
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...
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...
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...
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...
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. In the book...
The duty of every highway authority to maintain a highway maintainable at the public expense is more onerous during adverse weather conditions. Ice, snow and flooding all...
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...
Duty of the highway authority A highway is a way which any member of the public has the right to use at all seasons of the year. Section 41 of the Highways Act 1980 (HIA...
Street works at common law At common law it is a nuisance to interfere with the surface of a highway. When the nineteenth-century utility companies began work and used...
Powers to adopt The Highways Act 1980 (HiA 1980) gives highway authorities the power to adopt new highways by agreement, places a duty on highway authorities to maintain...
A ‘cycle track’ is a way which constitutes or comprises a highway, which the public have a right of way on pedal cycles (other than pedal cycles which are motor vehicles)...
The [insert name of traffic authority] ([insert name of road and its location]) (Prohibition of [Waiting OR Driving OR Loading OR Double Parking]) Order [insert year] In...