What is a Section 58 in highways?
The Section 58 prevents statutory undertakers from digging up the road for a period of between three to five years after the road has been resurfaced or reconstructed, unless the work is an emergency or needed to provide a new customer service.
Is it an Offence to block a public highway?
It is illegal to obstruct the road. If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a road, they are also guilty of an offence. …
What is a Section 38 highways agreement?
A Section 38 agreement (or S38) is a section of the Highways Act 1980 that can be used when a developer proposes to construct a new estate road for residential, industrial or general purpose traffic that may be offered to the Highway Authority for adoption as a public highway.
What is section 41 Highways Act?
41 Duty to maintain highways maintainable at public expense. (1)The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.
What is a Section 58 Defence?
(1)In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the authority had taken such …
What is a Section 58 police?
58 Access to legal advice. E+W. (1)A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.
What is a highway obstruction?
‘Obstruction’ includes anything that prevents passing and re-passing along the highway. To be committing this offence, you don’t have to be blocking the whole width of the highway. This is because the offence is obstructing the highway itself (and not other users of the highway).
What is classed as an obstruction?
An obstruction is usually classed as preventing someone from having reasonable use of the highway. Whether action is taken or not will depend on what the enforcement officer makes of the situation at the time.
What is Section 58 of the Highways Act?
It is a statutory requirement under section 58 of the New Roads and Street Works Act 1991 to give notice to utility companies of roads which the council propose to resurface. This is so that the road / pavement can be protected from planned works for up to five years.
What is a section 104 agreement?
A Section 104 agreement (under the Water Industry Act 1991) is an agreement between a developer and sewerage undertaker for the adoption of sewers serving a development. There are strict regulations in place for obtaining an agreement which can be a minefield for developers.
What is Section 41 of the Highways Act 1980?
41 Duty to maintain highways maintainable at public expense. E+W. (1)The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.
What is a Section 41 Defence?
A highway authority has a statutory duty under section 41 of the Highways Act 1980 to maintain the highway. A highway authority can often successfully defend any claims under the Highways Act if they can establish that they had in place a reasonable system of inspection and maintenance.
