Q&As

Does a highway authority have a duty to maintain structures on the highway, and if so, where in the Highways Act 1980 is this duty found? Can this duty to maintain structures eg bus shelters on the highway, be delegated to a parish council?

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Published by a ÑÇÖÞÉ«ÇéÍø Planning expert
Published on: 08 December 2020
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We have assumed for the purposes of this response that the highway in question is a highway maintainable at the public expense.

A Highway authority is under a statutory duty in section 41 of the Highways Act 1980 (HiA 1980) to maintain a highway maintainable at the public expense.

Maintenance for these purposes includes repair. The duty is an absolute duty to maintain, not merely a duty to take reasonable care to maintain, but it is not absolute in the sense that the road has to be perfect. The duty is to put the highway in

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Highway authority definition
What does Highway authority mean?

The organisation responsible for the maintenance of a public highway.

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