072774111 x Highway

ICE manual of highwaydesign and management

Edited by

Ian D. WalshRoad Consultants Ltd, UK

Robert N. HunterHunter & Edgar, UK

Leslie DarrallWaterman Group, UK

Paul MatthewsIndependent Consultant, UK

Paul JamesonJameson Consultancy Services Ltd, UK

John Thorp Lancashire County Council, UK

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First published 2011

ISBN: 978-0-7277-4111-0

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Institution of Civil Engineers 2011

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PrefaceThe ICE manual of highway design and management series provides ICEs most comprehensive, authoritative and accessible package of core foundation knowledge that will be needed to qualify and succeed as a chartered engineer in this case one working predominantly on transport/highway projects.

Like the complete ICE manuals series, the chapters in this book are aimed primarily at the 110 year post-graduation specialist engineer, but the thoroughness and breadth of each chapter will provide a valuable reference for more experienced engineers seeking information in a cognate discipline. The manual can also inform clients working with consultants and contractors so that they can demonstrate adequate expertise in their dealings with them. It will also assist undergraduate and post-graduate students in relating their particular project to the wider world of highway design and maintenance.

The manual is targeted as much at the engineer working in the local authority arena as at those on new or major maintenance schemes. The latters requirements are well covered by the Highways Agencys Design manual for roads and bridges. However, the design and maintenance of the local authority network brings with it challenges and technical requirements that can be very different and which are identi ed and addressed in this manual.

Each chapter has been written by a proven expert currently practising in the relevant eld. Re ecting the best of UK current practice, the manual is equally applicable internationally. It gives a detailed overview of the key issues needed to grasp a subject quickly and effectively, as well as providing the necessary tools to transform that knowledge into practice.

I would like to thank my team of dedicated section editors for their outstanding effort to bring together such a broad collection of world-class authors, and of course the authors themselves, who, through their hard work and on top of their day jobs, have delivered a uniquely useful, practical and up-to-date manual on behalf of the ICE.

Finally, we would welcome feedback on ways to improve, so that we can incorporate your ideas in future print and online versions of the ICE manual of highway design and management.

Ian D. Walsh

ICE Manual of Highway Design and Management 2011 Institution of Civil Engineers www.icemanuals.com v

Schedule 1: Procedures for making or con rming certain orders and schemes 17

Schedule 2: Validity and date of operation of certain orders and schemes 17

Schedule 3: Classes of traf c for purposes of special roads 17Schedule 4: Procedure for determination by roads authority of certain

questions in connection with cattle-grids 17Schedule 5: Distance limits from public road for purposes of

compulsory acquisition 17Schedule 6: Special transitional provisions for trunk roads 17Schedule 7: Restricted roads 17Schedule 8: Penalties for offences 17Schedule 9: Minor and consequential amendments 18Schedule 10: Transitional provisions and savings 18Schedule 11: Repeals 18

Chapter 3: Highway Legislation: Northern Ireland 19G. Anketell

Introduction 19Primary legislation 19The Roads (Northern Ireland) Order 1993 20Part I: Introduction 20Part II: Construction, maintenance and improvement of roads 20Part III: Special roads 20Part IV: Improvement and safety of roads 20Part V: Environmental assessment 21Part VI: Abandonments and stopping up of roads and private accesses 21Part VII: Lawful and unlawful interference with roads 21Part VIII: Road ferries 21Part IX: Powers of the Department in relation to land 21Part X: Miscellaneous and supplementary provisions 21The Schedules 21The Private Streets (Northern Ireland) Order 1980 (as amended by

The Private Streets (Amendment) (Northern Ireland) Order 1992) 22Part I: Introduction 22Part II: Laying out and construction of streets 22Part III: Adoption of private streets as public roads 22Part IV: Making up of private streets 22Part V: Prior provision for expenses of street works in private streets 22Part VI: Miscellaneous 23References 23

Chapter 4: Public procurement 25J. McRorie

Introduction 25Background and legal framework 25When do the regulations apply? 25What must be done to comply with the rules: the procurement

process 27What are the consequences of a failure to comply with the

procurement rules? 34References 35

ContentsPreface xiii

List of contributors xv

SECTION 1: Financial, legal and contractual framework 1Section Editor: Robert N. Hunter

Chapter 1: Highway Legislation: England and Wales 3T. Patel and R. Pearson

Introduction 3 Part I. Highway authorities and agreements between authorities

(sections 19) 4Part II. Trunk roads, classi ed roads, metropolitan roads, special roads

(sections 1023) 4Part III. Creation of highways (sections 2435) 5Part IV. Maintenance of highways (sections 3661) 6Part V. Improvements of highways (sections 62105) 7Part V A. Environmental impact assessments (sections 105 A-D) 8Part VI. Construction of bridges over and tunnels under navigable

waters and diversions etc. of watercourses (sections 106111) 8Part VII. Provision of special facilities for highways (sections 112115) 8Part VII A. Provision of amenities on certain highways 8Part VIII. Stopping up and diversion of a highway and stopping up

of means of access to a highway (sections 116129) 8Part IX. Lawful and unlawful interfaces with highways and streets

(sections 130185) 8Part X. New streets (sections 186202) 9Part XI. Making up of private streets (sections 203237) 9Part XII. Acquisition, vesting and transfer of land etc. (sections 238271) 10Part XIII. Financial provision (sections 272281) 10Part XIV. Miscellaneous and supplementary provisions

(sections 282345) 10References 11

Chapter 2: Highway Legislation: Scotland 13J. R. Edgar

Introduction 13Part I: Public roads 14Part II: Private roads 14Part III: New roads 14Part IV: Improvements and maintenance 14Part V: Roads and building control 15Part VI: Access and stopping up 15Part VII: Bridges, tunnels and diversion of water 15Part VIII: Interference and damage 15Part IX: Acquisition, transfer, vesting and compensation 16Part X: Miscellaneous 16Part XI: Offences 16Part XII: Statutory undertakers 16Part XIII: General 17

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Chapter 5: Funding the Highways Agency: estimates, funding, monitoring 37P. Stiverson

Introduction 37Central government organisation funding 37Government agencies 38Aim and objectives of the Highways Agency 38The Highways Agency: roles, responsibilities and governance 39The Highways Agency: business planning framework business plans 41The Highways Agency: nancial and investment arrangements 42References 43

Chapter 6: Major highway scheme nance 45J. Farmer

Introduction 45Basic accounting de nitions 45Highways Agency schemes funding 45Local authority schemes funding 46Developer funding 47Community infrastructure levy (CIL) 47Direct local authority funding 47Practical funding considerations for promoters 47References 48

Chapter 7: Highway capital maintenance 49M. Sutch

Introduction 49Block allocations 49Highway capital maintenance funding 492010/11 allocations levels 50Future funding levels 50References 50

Chapter 8: Revenue funding for maintenance activities 51T. Oakley

Background to revenue funding 51The formula grant 51Calculation of the highway maintenance element of the formula grant 53Calculation of the capital nancing element of the formula grant 53Sources of further information 53

Chapter 9: Forms of contract for highway construction projects 55M. OReilly

Introduction 55Introduction to highway construction contracts 55The use and importance of contracts in construction 55Types and features of highway contracts 56Statutory controls and impact 56Tendering practice 57Documents forming part of the construction contract 57The applicable law of the contract 58Selection of the conditions of contract in practice 58The ICE conditions of contract, 7th edition 58The Engineering and Construction Contract 3rd Edition (NEC3) 60References 62

Chapter 10: National speci cation and design documents 63R. N. Hunter

Introduction 63Design manual for roads and bridges 64Interim Advice Notes 67Manual of contract documents for highway works 67References 69Annex A: Design Manual for Roads and Bridges 70Annex B: Manual of Contract Documents for Highway Works 78

Chapter 11: Local speci cations and design documents 83I. D. Walsh

Introduction 83Local speci cations 83

Local modi cations to the speci cation for highway works 84Local design documents 85References 85

Chapter 12: European Standards for products 87I. D. Walsh

Introduction 87Mandates and essential requirements 88The contents of a European Standard 90Durability 91National guidance 91How Standards are produced 91Quality assurance under a European Standard 93Quality assurance and quality 94References 94

SECTION 2: Transport planning 97Section Editor: Leslie C. Darrall

Chapter 13: Introduction to policy and practice 99L. C. Darrall

Introduction 99The Strategic Planning Framework 99Roles and responsibilities 100Policies, plans and programmes 100Appraisal of transport plans 101Highway scheme planning and implementation 102Impending changes to the planning system in England 106References 106

Chapter 14: Existing conditions and data 107M. J. Yeadon

Introduction 107Existing conditions and data 107Types of survey 107Developing the scope of surveys 108Sources of existing information 108Bespoke surveys 111Traf c-related surveys for economic appraisal 112Traf c-related surveys for environmental appraisal 112Summary 113References 113

Chapter 15: Characteristics of transport and travel 115M. J. Yeadon

Introduction 115General trends in transport and travel 115Private car travel 117Freight traf c 119Road traf c safety 120Transport and travel choices 120Summary 122References 122

Chapter 16: Estimating transport demand 123L. C. Darrall

Introduction 123Choice of modelling approach 123Demand models 124Types of models 126References 129

Chapter 17: Traf c models for highway schemes 131L. C. Darrall

Introduction 131Multi-stage models 131Road traf c assignment models 134Microsimulation models 137Model calibration and validation 137References 138

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Chapter 24: Capacity analysis 171A. Green, P. Landreth and N. Robinson

Introduction 171Junction types and their capacity 171Modelling the capacity of individual junctions 173Junction modelling software 174Networks 174Network modelling software 175Micro-simulation 175Micro-simulation software 176Conclusion 176References 177

Chapter 25: Highway layout and junction design 179K. Buchholtz

Introduction 179Design speed 181Stopping sight distance (SSD) 181Horizontal alignment 181Vertical alignment 182Minor access onto trunk roads 185Major/minor priority junctions (TA 42/95 and TD 41/95) 185Roundabouts 186Grade separation 188Signalised junctions and roundabouts 189Conclusion 191References 191

Chapter 26: Vehicle parking, waiting and loading 193M. Slinn

On-street parking 193Off-street parking 195Special users 198Parking management 200Credits 203References 203

Chapter 27: Modern traf c management 205J. Emslie and G. Higgs

Approach 205Techniques 206Application 208Design considerations 208References 210

Chapter 28: Assisting public transport 211P. Matthews

Introduction 211Road-based public transport 211Traf c management measures 212Parking management measures 212Bus lanes: with ow 212Bus lanes: contra ow 214Bus-only streets and bus-ways 214Traf c signal control 214Bus stop infrastructure 216Bus priority: consideration of other road users 218Evaluation of bus priority measures 219References 219

Chapter 29: Road safety engineering 221P. Matthews

Introduction 221Accidents 221Causes of crashes 221Contribution and consequences of speeding 222Types of crashes (accidents) 222Accident data collection 222Road safety plans 224Road safety engineering 224Accident remedial schemes: process 224

Chapter 18: Forecasting future conditions 139L. C. Darrall

Introduction 139Principles of forecasting 139Future year forecasts 140Traf c forecasts for use in scheme appraisal 142References 142

Chapter 19: Scheme appraisal 143J. H. Barlow

Introduction 143National objectives for transport 143Local and regional objectives 144Improvements to identi ed problems 144Other issues 144Appraisal methodology 145The Brief 145Description of existing conditions 145Planning factors 145Description of scheme options 145Traf c assessment 145Cost estimates 146Safety assessment 146Economic assessment 146Environmental assessment 146Operational assessment 147Appraisal Summary Tables (ASTs) 147Implementation programme 148Conclusions 148References 148

Chapter 20: Public consultation 149J. H. Barlow

Introduction 149The Governments Code of Practice 149Types of public consultation 150The consultation process 150Planning the consultation 150Targeting the audience 150Engaging consultees the exhibition 150Engaging consultees the questionnaire 151Engaging consultees focus groups 153The Public Consultation Report 153Feedback 154The outcome in uencing decision-makers 154References 154

SECTION 3: Traf c engineering 155Section Editor: Paul Matthews

Chapter 21: Introduction, history, de nition 157P. Matthews

The history of traf c and its management 157

Chapter 22: Traf c engineering legislation 159P. Matthews

Introduction 159Current legislation 159References 160

Chapter 23: Traditional traf c management 163C. Whitehead

Introduction 163Site data collection 163Junction control methods 163Pedestrian crossings 165Road markings and traf c signs 166Vehicle movement restrictions 168Parking and loading restrictions 169References 169

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Planning policy 309Car parking 311Shared spaces 312User requirements 314Highway design (or Design) 315References 322

Chapter 36: Pavement design (highways) 325I. D. Walsh

Introduction 325Foundation support 328Traf c loading 335Structural layer design exible pavements 338Structural layer design composite pavements 342Design for maintenance 343Selection of materials types 344References 350

Chapter 37: Pavement design (highways rigid) 353G. Grif ths

Introduction 353Typical concrete pavement types 354Detailing concrete pavements 359Fibre-reinforced concrete 360The surface nish 360Slip membranes 361Slip-road detailing 361Transition slabs 361Pavement anchorages 362Joint design and detailing 362Design methods 363Deterioration mechanisms and site construction problems 364Construction methods 366Concluding remarks 370Acknowledgements 370References 370

Chapter 38: Pavement design (ancillary usage) 371I. D. Walsh

Industrial pavement design 371Car parks and light access way design 373Sports surfaces 374Playgrounds 375Footways and cycleways 376Public footpaths and other public rights of way (PROW) 376Farm roads 379References 381

Chapter 39: Analytical pavement design 383B. Al Hakim

Introduction 383Development of pavement design 383Design development in the UK 385The AASHTO design method 386Analytical pavement design principles 387Pavement modelling 388Analytical evaluation of existing pavements 391Summary 392References 392

Chapter 40: Unsealed highway construction 395A. Dawson

Introduction 395Materials 396Performance and failure 398Design 401Construction 403Maintenance 403Environmental aspects 404In-situ testing 405References 406

Detailed site analysis 226Accident remedial measures 228Measuring the effectiveness of accident remedial schemes 228Road safety audits 230References 232

Chapter 30: Intelligent transport systems 233K. Huddart and A. Carter

Introduction 233ITS and the ICE manual of highway design and management 233Travel and traveller information 234Network management urban 236Junction and network performance 236Network management interurban 237Road user charging, congestion charging and electronic toll systems 239Road safety 240Driver assistance 241Public transport travel information 243Future ITS 243European ITS Directive 243References 244

SECTION 4: Highway design principles and practice 247Section Editor: Ian D. Walsh

Chapter 31: Highway design principles and practice: an introduction 249I. D. Walsh

Background 249The design process 250Conclusions 252References 252

Chapter 32: Site investigation and foundation design 253I. R. Payne

Introduction 253Stages of site investigation 253Groundwater and drainage 264Slope stability 264Embankment lls 266Road pavement subgrade 267Ground movement and subsidence 268Foundation design for structures 270References 270

Chapter 33: Geometric design 273M. Westlake

Introduction 273Basic philosophy: the information 273Geometry issues 273Junction design 278Highway features 279A practical design 279References 283

Chapter 34: Drainage design 285S. Young

Introduction 285Elements of a road drainage system 285Initial design stages 292Network analysis 297Design of pollution control and ood prevention measures 298Design of other elements 299Design deliverables 302DMRB advice and guidelines 303References 303

Chapter 35: Private developer projects 305F. Murray, A. Moore and T. Hydes

Introduction 305The Highways Act and Approvals 306

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Pavement design and speci cation 473HBM for local authorities 477References 479

Chapter 48: Roller compacted concrete 481J. P. Donegan

Introduction 481Bene ts of RCC 481Common applications of RCC 481RCC mix proportioning 481Mix design 482RCC constituents 483Quality control and test methods 483Construction methodology 484RCC properties 484Conclusions 484References 485

Chapter 49: Cold mix asphalt layers 487I. D. Walsh

Introduction 487Cold mix asphalt mix design for plant mixtures 487Cold mix asphalt mixing plant manufacture and installation 488Sustainability 490References 490

Chapter 50: Hot mix asphalt layers 491C. Nicholls

Introduction 491Mixture types 491Layers 495Sustainability 496Summary 499References 499

Chapter 51: Laying asphalts 501R. N. Hunter

Laying asphalt 501Production and transportation of asphalts 501Paver laid asphalt 502Surface regularity 504Laying chipped hot rolled asphalt surface courses 505Weather conditions 506Compaction of asphalts 507Ironwork 510Aftercare 510Quality assurance 510Epilogue 511References 511

Chapter 52: Small element paving: design and construction 513A. J. Dowson

Introduction 513Natural stone slabs, setts and concrete ags 513Lightly traf cked pavement design 516Heavy duty pavement design 516Ports and heavy duty pavement design 518Pavement overlay design 518Detailing and construction 518Permeable pavements 520Edge restraints 521References 521

Chapter 53: Surface treatments for highways 523J. Baxter and I. D. Walsh

Introduction 523Bitumen binders 524Surface dressing 524Slurry surfacing/microsurfacing (sometimes referred to as

microasphalt) 531

Chapter 41: Surface characteristics (noise) 407I. D. Walsh

Introduction 407Measurement of noise 407Traf c noise generation 409Noise reduction 411Traf c noise mitigation and compensation 413References 414

Chapter 42: Skid resistance 415D. Woodward

Introduction 415Simple de nitions relating to skid resistance 415Speci cation of skid resistance in the UK 415Measurement of skid resistance 416Skid resistance measurement and device operation 418Skid resistance, water and surface texture 418Skid resistance measurement devices used in the UK 418The WehnerSchulze Test 422Skid resistance and type of aggregate 422Future trends 423Conclusions 424References 424

Chapter 43: Sustainability 427T. Parry

Introduction 427Resource use, recycling and waste 428Public transport, walking and cycling 431Adaptation to climate change 432Assessment systems 433Corporate responsibility 436References 437

Chapter 44: Environmental considerations 439M. Glanville

Introduction/key background information on topic 439Environmental impact assessment (EIA) 441Environmental assets evaluating what you have 442Assessment of environmental effects 444Design considerations 449Handover and long-term management 450References 451

SECTION 5: Highway materials and recycling 453Section Editor: Ian D. Walsh

Chapter 45: Highway materials: an introduction 455I. D. Walsh

Introduction 455Foundation layers 455Surface layers 456Conclusion 457References 457

Chapter 46: Unbound aggregates 459J. McCulloch

Introduction 459Terminology 459Production 460Materials and speci cations 461Testing 463References 467

Chapter 47: Hydraulically bound mixtures for local roads 469J. Kennedy

Introduction 469HBM behaviour 472

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Chapter 59: Politics and public 591B. Thompson

Introduction 591The political scene 591Working with the public 592Dealing with the media 593References 594

Chapter 60: The involvement and impact of the utilities 595D. Latham, I. Lance eld and R. Elphick OBE

Introduction 595Legislation 595The coordination process 596Noticing rules 597Work categories 597Electronic transfer of notices (EToN) 597Permits 597Restrictions following work activities 598Inspections 598Penalties 598Industry organisations 598The impact of reinstatements on highway pavements 598The research programme 599Charging structures 600Determining the cost of premature maintenance 600Creating a charge structure 600References 601

Chapter 61: Winter service and other weather emergencies 603S. Child

Introduction 603Statutory basis 603Policy 604Winter service objectives 604Winter Service Plan 605Network hierarchy and route optimisation 605Salt bins 606Weather prediction and information 606Organisation and personnel 606Facilities, vehicles and equipment 607Salt and other de-icing materials 607Information and publicity 608National intervention 608Sustainability and winter maintenance 609Other weather emergencies 609Issues to consider 609References 610Annex 1: Example of salt bin assessment 611Annex 2: Meteorological Of ce de nitions 612

Chapter 62: Financial management 615P. Jameson

Funding types 615Dividing the pot 616Budget approval and the design process 621Commitments, spend and target cost issues 621

SECTION 7: Asset management 625Section Editor: John Thorp

Chapter 63: An introduction to asset management 627J. Thorp

Introduction 627Asset management challenges 627References 628

Chapter 64: Starting the process of asset management 629J. Thorp

Introduction 629What is asset management? 629

High friction surfacing (HFS) 534Patching 537Retexturing 538Plant 540Retread/repave 540Stress absorbing membrane interlay (SAMI) 541Imprinted surfaces 544Surface preservation systems 544The highway engineers toolbox a concept 544Guidance on using the highway engineers toolbox 545References 545

Chapter 54: Road markings 547K. Grant

Introduction 547The materials 547Application 548Performance requirements 550Testing and inspection methods 554Quality control 554Quality assurance 556References 558

SECTION 6: Maintenance planning and techniques 559Section Editor: Paul Jameson

Chapter 55: Introduction and scope 561R. Elphick OBE

Introduction 561Factors affecting maintenance 561Balancing maintenance need and investment 563Maintenance funding 563Maintenance asset management systems 564Condition assessment 566Associated legislation 567References 569

Chapter 56: Maintenance policies 571S. Child

Introduction 571Policy framework 571The wider context 572Network management 573Duty or desire? 573Asset management 573Sustainability and highway maintenance 574Issues to consider 574Policy framework 575References 575Appendix A: Document hierarchy 577Appendix B: Policy content 577

Chapter 57: Maintenance types 579P. Jameson and R. Elphick OBE

Introduction 579Cyclic maintenance 579Planned maintenance 580Materials 582Design options 583Reactive maintenance 583Reference 584

Chapter 58: The maintenance organisation 585P. Jameson

The basic shape of a maintenance organisation 585Direct labour or contract 585Contract types 586Relationship between workforce size and winter maintenance 587Inspection regimes 587Training and development 588References 589

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Chapter 67: Lifecycle planning 663J. Thorp

Introduction 663The lifecycle process 665Objectives and policies 665Inventory and condition data 665Cost of maintaining each group of assets 665Performance gaps 666Demands and risks 666Appendix A: Carriageway lifecycle plan 667Acknowledgements 672References 672

Chapter 68: Asset management strategy and risk management 673J. Thorp

Asset management strategy 673Investment strategy 673Risk assessment 674Introduction to the evaluation of risk in asset management 674Existing guidance 675Simple steps to get started in risk management 675Continuing improvement in the future 675Appendix A: De nitions 676Appendix B: Background information 676Acknowledgements 678References 678

Chapter 69: Developments and conclusions 679J. Thorp

UK Pavement Management System 679Prioritisation of highway works and deterioration models 679Working the highway data 681Taking stock and annual reviews 682Conclusion 683References 684

Index 685

Getting started checklist 631Getting buy-in and support for asset management 631Putting the asset management foundations in place 634Conclusions 637References 637

Chapter 65: Levels of Service 639J. Thorp

Introduction 639Background 639Some de nitions of Levels of Service 641Use of Levels of Service 641Developing Levels of Service 642Levels of Service recommendations 643Levels of Service statements 643Who are the customers and stakeholders and what are the authority

objectives? 646Relationship between Levels of Service and authority

objectives 647Levels of Service and engineering standards 647Suggested approach 650Conclusions 652Acknowledgements 652References 652Appendix A: Code of Practice Themes 653

Chapter 66: Valuation of the assets 655J. Thorp

Introduction 655The importance of transport asset management 656The accounting approach 656Developing and using nancial information 657Calculating depreciated replacement costs for a

highway network 657Depreciation processing and reporting

requirements (DRC) 659Developing inventory components and groupings 659References 661

Section 1: Financial, legal and contractual frameworkSection Editor: Robert N. Hunter

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ICE Manual of Highway Design and Management 2011 Institution of Civil Engineers www.icemanuals.com 3

doi: 10.1680/mohd.41110.0003

CONTENTS

Introduction 3

Part I. Highway authorities and agreements between authorities (sections 19) 4

Part II. Trunk roads, classi ed roads, metropolitan roads, special roads (sections 1023) 4

Part III. Creation of highways (sections 2435) 5

Part IV. Maintenance of highways (sections 3661) 6

Part V. Improvements of highways (sections 62105) 7

Part V A. Environmental impact assessments (sections 105 A-D) 8

Part VI. Construction of bridges over and tunnels under navigable waters and diversions etc. of watercourses (sections 106111) 8

Part VII. Provision of special facilities for highways (sections 112115) 8

Part VII A. Provision of amenities on certain highways 8

Part VIII. Stopping up and diversion of a highway and stopping up of means of access to a highway (sections 116129) 8

Part IX. Lawful and unlawful interfaces with highways and streets (sections 130185) 8

Part X. New streets (sections 186202) 9

Part XI. Making up of private streets (sections 203237) 9

Part XII. Acquisition, vesting and transfer of land etc. (sections 238271) 10

Part XIII. Financial provision (sections 272281) 10

Part XIV. Miscellaneous and supplementary provisions (sections 282345) 10

References 11

IntroductionThe Highways Act 1980 sets out the primary legislation relating to roads, footways and bridleways in England and Wales. The Act is made up of 14 Parts, each of which deals with a specifi c subject. These parts are divided into a further 345 sections in total and there are 25 schedules detailing everything associ-ated with the Act, as well as various sections and subsections that have been added since 1980.

This Act replaced the Highways Acts of 1959 to 1971, consolidated various related enactments and included amend-ments designed to give effect to recommendations made by the Law Commission.

The Highways Act is an eclectic document being an accumulation of outcomes from common law.

The Highways Act 1980 stipulates regulations for creating a new length of highway, managing the existing network and also the decommissioning of surplus highways. Highways are defi ned as being footpaths, bridleways, cycle lanes and traf-fi c lanes. The Act provides some sense of road hierarchy as it defi nes trunk roads, principal, classifi ed roads and metropol-itan roads. In England and Wales, a Public Highway is a road or footpath over which the public has the right of access also described as the right to pass and re-pass. This notion is of cen-tral importance when considering the Act and when dealing

Chapter 1

Highway Legislation: England and WalesTrupti Patel Gemini ECO Consultancy Limited, UKRichard Pearson Director of Highways, Isle of Man

The Highways Act 1980 sets out the primary legislation relating to roads, footways and bridleways in England and Wales. The Act is made up of 14 Parts, each of which deals with a speci c subject. These Parts are divided into 345 sections in total and there are 25 Schedules detailing everything associated with the Act, together with various inserts in the form of sections and subsections that have been added since 1980. These inserts address the provision of road humps and traf c calming measures, stipulate requirements for environmental impact assessments for all major highway schemes and facilitate physical measures to reduce crime.

This chapter describes the Act and gives emphasis to those parts most likely to be encountered in a typical civil engineering career together with guidance on their application.

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Financial, legal and contractual framework

with highways. A highway is also a piece of land that is strongly protected in law, under the provisions of the Act. Neither indi-viduals nor highway authorities have easy recourse to build, stop up or divert a highway without following detailed due pro-cess. The Act also provides for the construction, management, maintenance and improvement of highways and associated infrastructure such as road bridges, tunnels, drainage, street lighting and equipment, approaches to ferries and traffi c calm-ing measures including road humps.

The Highways Act is a fundamental building block for the design, construction and maintenance of highways in England and Wales. This chapter can only give a brief overview of the various Parts and sections and highway managers and designers must ensure that they familiarise themselves with the relevant sections and implement the provisions thoroughly and to the letter. Failure to do so can result in legal challenges, as well as considerable embarrassment and administrative expense.

Since 1980, various amendments and associated regulations have been introduced and some of the sections have been amended or have had clauses inserted from various Acts and regulations. For more details refer to the list of legislation.

It would be impossible to list all changes that have been made and incorporate all of the various statutes introduced since 1980, and readers are encouraged to follow the latest developments and keep abreast of changes in regulations by referring to the Offi ce of Public Sector Information website (www.opsi.gov.uk).

An engineer who works in the fi eld of design will tend to encounter parts of the Act that relate to new highways and changes while an engineer who works in the maintenance and management of highways will tend to focus on elements of the Act relevant to those activities. In this chapter, both these aspects have been considered.

As with most law, the principle of reasonableness is a good starting point. Some of the powers contained in the Act are wide ranging and mean that a highway authority can have a signifi -cant impact on a person or business. It is worth bearing in mind that all law and the power it provides is ultimately granted by Parliament, which has a duty to serve those who elected it. Thus a wise practitioner using the Act will take care in its application and take time to explain and guide individuals who may be the subject of the powers to be exercised. This approach will sep-arate those who wilfully behave contrary to the Act from those who do so inadvertently. In any subsequent legal action that arises, any politicians or members of the judiciary involved will more naturally see and support the actions of a practitioner who has been reasonable, measured and respectful and has earnestly sought to avoid unnecessary confrontation and confl ict.

Part I. Highway authorities and agreements between authorities (sections 19)Highway authorities

Sections 13 defi ne who is the highway authority for particular roads, and who becomes the highway authority when a road is de-trunked. This part also deals with the approaches to bridges.

Agreements between highway authorities

Sections 49 deal with agreements between highway authorities and/or the Minister in relation to the construction of new lengths of highway and the maintenance of trunk roads.

The Minister authorises the local highway authority to manage and maintain the local highway network and delegates the func-tions required to construct and manage metropolitan roads (new under the responsibilities of unitary authorities). The Minister can also effect agreements between neighbouring authorities for doing certain types of work and managing expenses incurred in pursuance of an agreement, and apportioning expenses and costs associated with staff secondments. The circumstances under which the Minister cannot delegate responsibilities to the local highway authority in both England and Wales are also stated.

These sections can be useful when a new road or a change to a road crosses a boundary and it is helpful if one highway authority takes a lead in delivery. It is benefi cial if the relevant authorities can come to an agreement among themselves as to which will lead in which regard as this is then a matter over which the authorities retain control. The alternative is that the Minister imposes a decision and this very act has the potential to expose confl ict and create unnecessary public expense.

Insertion of sections/subsections/modi cations

Since 1980, major changes have taken place across the UK and in Greater London, where Transport for London (TfL) man-ages the main networks in London and the council of a London Borough or the City of London is the highway authority for all other highways; in the case of a road in Wales, the Welsh Council in whose area it is situated is the relevant highway authority.

S2A: Transport for London is the highway authority for all Greater London Authority (GLA) roads that were previously managed by the Highways Agency on behalf of the now De-partment for Transport (metropolitan roads). These roads are currently described as the Transport for London Road Network (TLRN) and sometimes more parochially as the Red Route Network as most were treated by the previous Traffi c Director for London as freeways where special red waiting restriction lines were used in an attempt to limit parking to an absolute minimum so that these routes could act as the most freely moving highways in the capital. The vast majority, about 95% of roads in Greater London, are managed by the relevant Lon-don Boroughs or the City of London. Where an order is made under section 10 for a road to cease to be a trunk road, then the highway authority for that road will, in the case of London, be-come Transport for London (on behalf of GLA), or, in the case of areas outside London, be the relevant County Council.

Part II. Trunk roads, classi ed roads, metropolitan roads, special roads (sections 1023)Road classi cation

Part II specifi es the classifi cation of trunk, classifi ed, metro-politan and special category roads. There are one division and

Highway Legislation: England and Wales


three sections dealing with ancillary matters relating to roads that cross or join trunk or classifi ed roads, as well as supple-mentary roads (which come under special roads) and orders made for special roads.

One of the most important provisos in this part is that the Minister shall carry out a review of all of the national net-works in England and Wales and that the system can only be improved by extending, improving or reorganising once the local and national planning and agricultural needs have been taken into full consideration.


S10 (6) and parts of S11: For details, refer to the Transport for London Act 2008 (www.opsi.gov.uk/acts/localact2008/ukla_20080001_en_1).

S14 AD: Designation of fi rst GLA roads by the Secretary of State, orders related to GLA roads, the authority to change the nature of GLA roads, incorporating responsibilities given to the Mayor of London for GLA roads, certifi cation, records and con-struction of provisions relating to GLA roads.

S17 and S19 (3): refer to the New Roads and Street Works Act 1991 (www.opsi.gov.uk/acts/acts1991/ukpga_19910022_en_1).

Part III. Creation of highways (sections 2435) Sections 24 and 25 state when the Minister can, with the approval of the Treasury, create new highways, road ferries, footpaths and bridleways. It also details the specifi c situations when the Minister needs to give notice of the proposal to, and consider representations by, every Council through whose administrative area the highway in question will pass, as well as the powers under which a local highway authority can con-struct a new highway.

Sections 2628 deal with compulsory powers for the creation of footpaths and bridleways, and the compensa-tion for loss caused by creating and constructing the above. Section 29 specifi cally deals with protection for agriculture and forestry. Sections 3035 deal with the dedication of highways after 20 years of public use, agreements to convert private streets into highways and the creation of walkways.

The 20-year rule means that if a route has been used by traffi c for more than 20 years then it is deemed to be a high-way. In such a case, it is likely that there was not an original intention for the route to become a public right of way but the landowner may have decided that the route should be blocked and the public who have used the route may query its status. The highway authority then has some responsibility to deter-mine the status of the route. The highway authority may decide that it should appoint an independent inspector to hold an inquiry as to the use of the route. In that case, the inquiry will be held and people may give evidence of their personal use of the route. On the basis of this evidence, including any maps or photographs or the like that help clarify the history and status

of the route, the Inspector will make a decision. This is a seri-ous decision because the landowner may fi nd that the land is now encumbered with a highway and that may have a bear-ing on the value of the land and the use to which that land might now be put. To the local population, the decision may be important because it may give access to a view or an area of interest or may provide a shorter route to a place etc. One issue for the highway authority is that the cost of undertaking an inquiry can be signifi cant. If the landowner erects a sign stat-ing the route is not a public highway then this is a good way of avoiding the route becoming dedicated as such. In addition, if the landowner gates and occasionally obstructs the route then again this demonstrates that the route is not a highway.


S25 (6): Requirements for the local authority to give notice by placing an advertisement in the local newspaper after the dedica-tion of a footpath or bridleway, in accordance with a public path creation agreement, in which the land to which the agreement relates is situated.

S26 3 (A) a & b: The considerations to which: (a) the Secre-tary of State is to have regard in determining whether or not to confi rm or make a public path creation order; and (b) a local au-thority is to have regard in determining whether or not to confi rm such an order as an unopposed order. This includes any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath or bridleway would be created.

S29: An addition relating to agricultural and forestry, two other categories: (a) conserving fl ora and fauna and geological and physio-graphical features; and (b) expanding the term agricul-tural to include the breeding and keeping of horses.

S31 (1A): Insertion about excluding the 20-year rule for use by mechanically propelled vehicles, and inclusion of non- mechanically propelled vehicles.

S31 (7A and B), S10: These two sections apply where the public right of way in question is subject to the sections of the Wildlife and Countryside Act 1981.

S31 (12): Insertion of this section and its subsection (1A) does not apply to mechanically propelled vehicles falling with-in section 189(1) (c) of the Road Traffi c Act 1988, such as an electrically assisted pedal cycle.

S31 (A): Insertion relating to keeping a register of maps, state-ments and declarations. This is related to subsection 31(6).

S35 (12): Inclusion of placement of electronic communications apparatus and networks into the group classifi ed as statutory undertakers.

S35 (13): Regulations regarding inclusion of walkways.

S35 (14): Nothing in this section is to be taken as affecting any other provision of this Act, or any other enactment, by virtue of which highways may be created.



minimum charge. This minimum charge is necessary to cover the highway authoritys costs on smaller schemes where a sliding scale would not do so.

Usually the developer will also enter into adoption agreements for the sewers and the water reticulation system and these will run concurrently with the highway adoption agreement. The highway adoption may be conditional on the adoption of the sewers and water mains.

In any event, the highway authority runs the risk of a developer going bankrupt or otherwise defaulting on a section 38 agreement and, as a consequence, people who have perhaps purchased the properties on those roads with the expectation that the road will be adopted may be left in diffi culty. To over-come this risk, it is usual for the section 38 agreement to include a fi nancial bond that can be called in if the developer defaults on the section 38 agreement. This sum can then be used by the highway authority to complete the work thus enabling the highway to be adopted.

Where the highway to be adopted has a bridge or other capital asset the highway authority may request a commuted mainten-ance sum to pay for the ongoing maintenance of that asset. In the case of a bridge, the sum might make an allowance for the expected maintenance costs of the structure and the even-tual costs of reconstruction of that structure, or in other words the in perpetuity costs of the structure bearing in mind the investment potential of the sum deposited and the likely rate of infl ation. A commuted sum is a signifi cant one-off payment on adoption that the developer pays the highway authority. This sum should be invested by the highway authority although in practice the highway authority can take a view as to whether to spend the sum or invest it. The adoption of a highway imposes a liability on the highway authority. Some highway authorities have sought to impose a commuted maintenance sum for the basic highway asset or for street furniture that is, for example, superior and more expensive to maintain than that authoritys standard equipment. The addition of a new highway often provides for additional properties on which rates are payable. It may be inequitable to impose commuted maintenance sums in view of the fact that the local authority and highway author-ity will often gain revenue due to the additional properties. It should be borne in mind that if a highway authority imposes too many costs on a developer then it may suppress develop-ment in its area. Section 38 agreements are similar to section 278 agreements and a development may require both types of agreement. This is discussed further below under Part XIII. Financial provision (sections 272281).

On a practical note, it is usual for the surface course to be left until after the developers building work has been com-pleted. This has the advantage that the construction traffi c will not damage the new surface course and also that any late ser-vice trenches will not scar the new surface course. During this period it is often necessary for the developer to leave the gullies and the access covers low or, if at their fi nished level, to protect

Part IV. Maintenance of highways (sections 3661) Part IV states the responsibilities of various authorities for highways maintainable at public expense, as well as the methods by which highways become maintainable at public expense or remain as privately maintained. Part IV also cov-ers the enforcement of liabilities for maintenance and recov-ery by the highway authorities for certain expenses incurred in maintaining highways, as well providing powers for Parish and Community Councils to maintain footpaths and bridleways.

Highway adoption agreements

Section 38 specifi es how a new highway built by a private body may be adopted by the highway authority, who then becomes responsible for the maintenance of that highway.

For example, a developer of a housing estate may wish to dedicate the estate roads as highways maintainable at the public expense. Often this requirement will be decided at the plan-ning stage and the planning approval for a development will be subject to the developer entering into a section 38 agreement with the highway authority.

Such an agreement will defi ne the roads that are subject to the agreement. It will usually have a Deed of Dedication and/or land transfer that will run concurrently with the agreement. The highway authority will usually require the developer to sub-mit detailed design drawings and specifi cations for technical approval prior to construction and also provide for the highway authority to be able to inspect the construction of the road(s) to ensure that the plans are correctly implemented. This is vitally important as the highway authority will eventually adopt the highway(s) and a defective construction may not become immediately apparent and could result in the highway authority having to undertake very signifi cant work to maintain the new highway(s) at public expense. The design specifi cation should pay attention to the type and volume of traffi c that the highway is likely to carry and also make provision for lighting, signing, boundary defi nition, safety, public transport links, cycle facil-ities and the like as are appropriate to the route. Many highway authorities have their own bespoke standards with which a devel-oper must comply. As a matter of good practice, these standards should not be unreasonably high as this could impose excessive costs on a developer that may result in development becoming unaffordable. Equally, the developer should not be allowed to design a road with a life that is shorter than would normally be the case and which will then need to be reconstructed sooner than would otherwise have been the case.

The highway authority will usually charge the developer for the work of checking the design and also inspecting the construction. The highway authority may require the devel-oper to undertake certain tests on the materials used to satisfy the highway authority that the work is sound. Typically, this fee will be of the order of 510% of the estimated value of the works. Some local authorities have a sliding scale with a



Relief of main carriageway of trunk road from local traf c

Section 63 provides power to construct an additional carriage-way directly adjacent to the main carriageway of a trunk road to relieve the trunk road from local traffi c.

Dual carriageways, roundabouts and cycle tracks lighting and construction thereon

Sections 64 and 65 provide power for a highway authority to both light and also carry out works.

Safety provisions

Sections 6671 provide power for a highway authority to provide footways, guardrails, refuges, subways, footbridges and other features to provide for the safety of both private street and highway users.

Widths, levels, corners, fences, boundaries, cattle-grids

Sections 7290 provide power for a highway authority to widen highways, prescribe improvement lines for widening, building lines, and to vary the widths and levels of carriageways and footways. They also provide power to improve corners for both movement and sight lines. In addition, they provide power to fence, add boundary posts, cattle-grids and to protect bridges and railways.

In regard to section 72, the engineer needs to be aware that unless an improvement line has been prescribed then frontagers may be entitled to compensation for additional noise levels. These may be paid directly and/or in kind in the form of double glazing or other environmental measures.

Road humps and traf c calming

Sections 90A, B, C, CA, D, E, F, G, GA, H and I deal with road humps and traffi c calming measures. These are to be read in conjunction with the Road Humps Regulations 2004 and Traffi c Calming Act 1992.

Construction, re-construction and improvement of bridges

Sections 9195 deal specifi cally with the provision of mainten-ance for bridges.

Miscellaneous improvements

Sections 96105 deal with improvements such as planting trees, grass verges, lighting, drainage systems and the protec-tion of highways against hazards of nature, mitigating against dust and improving road ferries.

There are two additional sections. The fi rst of these is a provision relating to the construction, management and maintenance of road humps and traffi c calming measures.

them with asphalt ramps. As is usual practice, it is important to ensure that the layer receiving the surface course is clear from mud and debris and is correctly prepared to accept the surface course. It is standard practice to require such layers to be sprayed with an appropriate bond coat at the relevant rate of application (usually as per BS 594987).

Maintenance of highways maintainable at public expense

Sections 4148 describe the duty to maintain a highway and also measures by which highways may be declared maintain-able or not maintainable at the public expense. Section 41 includes so far as is reasonably practicable the duty to main-tain safe passage when there is ice and snow.

Enforcement of liability for maintenance

Section 58 has signifi cant implications for an engineer who is responsible for maintaining a highway network. It helps defi ne the duty to maintain, contained in section 41. In practice, a highway authority has to take reasonable steps to maintain, usually by defi ning an inspection regime and then carrying out reasonable repairs in response to that regime. The inspection might be as infrequent as every 6 months or every 12 months and in between the inspections, the presence of a defect that led to a loss by an individual is usually not recoverable by the individual. In other words, if an individual suffers a loss that is directly attributable to a defect in the highway then there is no automatic right of redress. This is a different standard to most law where a party who suffers a loss has the right to full redress against the responsible party.


S2 (e): Relates to footpaths or bridleways in consequence of a rail crossing diversion order or an order made under the Harbours Act 1964 or Transport and Works Act 1992.

S2 (f): Inclusion of special diversion order allowing vehicular traffi c over a pedestrian right of way.

S36 (3A): Exclusion of footpaths and bridleways falling un-der subsection 36 2(e) when they are maintainable at the public expense.

S38 3(A): Insertion to allow the Minister to agree with any person with power to create/maintain and dedicate as a highway.

S41 1(A): Insertion about duties of a highway authority in snow and icy conditions.

Part V. Improvements of highways (sections 62105)General power of improvement

Section 62 provides for general powers of improvement such as division of carriageways, provision of roundabouts, cycle tracks, subways, fences, refuges, bridges, landscaping and drainage.



Part VII A. Provision of amenities on certain highways Sections 115 A, B, C, D, E, F, G, H, J and K apply to bridleways, footpaths, footways, subways and local act walkways, as well as highways in relation to which a Pedestrian Planning Order is in force. In this Part, amenities also include recreation and refreshment facilities.

Part VIII. Stopping up and diversion of a highway and stopping up of means of access to a highway (sections 116129) Sections 116129 detail the powers of the magistrates court to authorise the stopping up or diversion of highways, footpaths and bridleways. The subsequent sections deal with the extin-guishment of public paths, as well as temporary diversions and points where these are to be repaired or widened. Section 129 deals with new and revised means of access.

Whilst these sections give power to stop up, divert or extinguish a highway the engineer needs to be aware that in practice the process required makes it very diffi cult to use these sections to that end. The powers contained in planning law are more forthright in this regard and therefore if the reason for the action is due to associated development, it is both useful and somewhat essential to include the necessary changes as part of the planning process.


S116 (10): Operators of driver information services are added to the list of statutory undertakers.

S116 (11): Inserted by Road Traffi c (Driver Licensing and Infor-mation Systems) Act 1989.

S118ZA to 118A, B and C: Insertion relating to the application for a public path extinguishment order, stopping up of foot-paths and bridleways crossing railways; stopping up of certain highways for purposes of crime prevention etc. and an appli-cation by a proprietor of a school for a special extinguishment order.

S119ZA to 119A, B and C: Insertion for the diversion of all the above categories detailed.

S119 D: Relates to the diversion of certain highways for the pro-tection of sites of special scientifi c interest.

S121AE: Regulations relating to applications for orders and their determination.

S129AG: Insertion relating to Gating Orders, their proce-dure and validity and revoking made orders (Statutory Instru-ment 2006 No. 537, the Highways Act 1980 (Gating Orders) ( England) Regulations 2006).

Part IX. Lawful and unlawful interfaces with highways and streets (sections 130185)Protection of public rights

Section 130 details the protection of public rights.


S62 (3f f): Includes the construction, maintenance and removal of road humps.

S62 (3f g): As above but for road humps specifi cally authorised by the Secretary of State under the sections 90 G and H under this Act.

S79 (3 A): This subsection does not apply to land in Wales and excludes the Minister from serving a notice restraining the erec-tion of any building on the land, except with the consent of the Welsh Council in whose area the land is situated.

S95A: Relates to the power to install equipment for the detection of traffi c offences.

S100 (6A) and (6B): Relates to the district councils in Wales read as the Welsh Council.

Part V A. Environmental impact assessments (sections 105 A-D) Sections 105 A, B, C and D stipulate when, how and what is required to carry out an environmental impact assessment (EIA) as well as outlining the procedure for carrying it out and how an aggrieved individual can seek redress.

Part VI. Construction of bridges over and tunnels under navigable waters and diversions etc. of watercourses (sections 106111) Sections 106111 specify the orders required to construct or facilitate associated schemes required to construct bridges over and tunnels under navigable waters, as well as diversions of waterways. Section 111 defi nes navigable waterways and requirements for working above or below them.


S107 (4): Reference to the Water Act 1989.

Part VII. Provision of special facilities for highways (sections 112115) Sections 112115 deal with amenities for the public on or nearby trunk roads such as public conveniences and picnic sites. They also allow highway authorities to provide public conveniences and parking areas for heavy goods vehicles.


S112 (1 to 7): Various references are repealed; refer to the Road Safety Act 2006.

S112 (8): Repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7.

S115 (6): Replaces Road Traffi c Regulation Act 1967 with Road Traffi c Regulation Act 1984.



S171A: Charges for occupation of the highway for works carried out under S169 and 171.

S174 (1f): Where a person is executing works of any description in a street (other than street works within the meaning of Part III of the New Roads and Street Works Act 1991), they shall erect safety barriers, signs, lighting, etc. for preventing danger to traf-fi c. The Traffi c Management Act 2004 amends S174 Highways Act 1980 to allow the Secretary of State to give guidance to local highway authorities on the discharge of the obligation to ensure works for road purposes have signing, lighting and guarding to prevent danger and to regulate traffi c.

S175A: This section states duties to be taken into account in relation to the needs of disabled and blind persons in executing works etc.

Part X. New streets (sections 186202)Byelaws

Sections 186202 give the Secretary of State and a council power to make byelaws that regulate the level, width and con-struction of new streets in their area and provide for foul and surface water, the approval of plans deposited under such byel-aws, requirements and prohibition relating to new streets and the enforcement of byelaws by the local authority. There are also provisions for regulations of new streets by enactment and, lastly, supplemental provisions.


Various minor amendments associated with the Planning and Compensation Act 1991.

Part XI. Making up of private streets (sections 203237) Sections 203237 deal with interpretation and application of the private street works code and the advance payment code. They also deal with working within, over or under private streets (excluding the Thames Water Authority and the Port of London). These sections enable a street works authority to force the owners of a private road to make certain improvements.

The advance payment code gives power to local authorities to charge frontagers for making up private streets and describes the payments and liabilities, retentions and matters considered to be local land charges. Under the fi nal heading of General, there is a comprehensive list of powers to vary widths of carriageways and footways when making up a private street, as well as the powers for the adoption of the street after execu-tion of street works and when urgent repairs are required. This heading also includes compensation for change, development plans, appeals to the Minister, evasion of private street works by owners, contributions by the street works authority (SWA) and the ability of the SWA to grant a charging order.

A highway authority may decide to carry out work on a private road for various reasons. Whether it re-charges the

Damage and obstruction of highways and streets and danger or annoyance to users

Sections 131175 deal with damage to highways, streets, etc., including detailing penalties for damage caused to highways due to excavations, ploughing and wilful obstructions, e.g. caf furniture, A (advertising) boards and buildings erected on or above the highway. They also specify precautions required when working near highways. Examples of such work include building operations requiring scaffolds, hoarding, retaining walls and fences.

There are sections stating the duties of the highway authority to remove obstructions such as snow (see also section 41), soil, projections from buildings and doors that open outwards into the highway, as well as sections on dangers or annoyances to highway users. In particular, section 154 is often used by maintenance engineers in clearing vegetation that is interfer-ing with the highway. Section 163 is important as it provides power to stop surface water from private land draining onto the highway and, as this water may turn to ice in winter, it can be linked to section 41.

Bridges over highways, builders skips, access to cellars, refuse bins and crossovers

Sections 176185 deal with restrictions on the construction of bridges and buildings over highways, the placing of apparatus and furniture under or next to highways and the placement and removal of builders skips as well as access to cellars. These sections also deal with vehicle crossovers and refuse bins on the highway.


S130A to D: This insertion relates to Notices to enforce duty regarding public paths; orders following notice under section 130A; procedure and costs.

S131A: Relates to the disturbance of the surface of certain high-ways; inserted by the Rights of Way Act 1990.

S135A and B: Temporary diversions for dangerous works and supplementary works.

S136: Damage to highways (excluding damage caused by sun and wind).

S137ZA: Power to order an offender to remove an obstruction.

S137A: Interference by crops and keeping clear delineation between highways and private land.

S140A: Introduction of charging for placing builders skips on highways.

S147ZA: Agreements relating to improvements for benefi t of persons with mobility problems on or near adjoining highways.

S147A: Roadside sales, prohibition and exceptions (inserted by Local Government (Miscellaneous Provisions) Act 1982).

S161A: Danger or annoyance caused by fi res lit on highways.



incurred by the District Councils for the maintenance of high-ways, footpaths and bridleways, bridges, land drainage etc.

Section 278 is one of the most commonly used sections of the Act. It sets out the basis for agreements to enable private sector funding of works on the network (e.g. the provision of a roundabout access to a new development).

A section 278 agreement is very similar to a section 38 agree-ment. The main difference with a section 278 agreement is that it usually relates to work to be carried out that changes an exist-ing public highway. As a result, it is more common that a sec-tion 278 agreement involves the developer paying the highway authority to carry out the necessary work to its highway to adapt the highway so that it can accommodate the developers require-ments. The agreement will normally require the developer to pay the estimated costs of the work to the highway authority in advance, to overcome the risk of default or bankruptcy by the developer. Nonetheless, it is usual for the agreement to include a fi nancial bond so that the highway authority can recover any additional expenditure and also so that the highway authority can reverse the work carried out in the event of the development not proceeding. The agreement will clearly defi ne the land to be transferred and/or dedicated as a public highway. The agree-ment is somewhat uncomfortable for the developer because it must state that the developer must meet the costs of the work if they are greater than the estimated amount. This introduces a risk to the developer, however the cost must be reasonable and must be justifi able. The agreement will also require the high-way authority to refund any balance of the advance payment left unspent to the developer on completion of the work.

Sometimes a section 278 agreement will be to create an entrance to a private property and the roads or car park, etc. coming off the entrance will remain private. In these cases, it is good practice to demarcate the extent of the public highway with dropped kerbs or other treatment. Dropped kerbs are useful because when the new road eventually needs to be re- surfaced they provide a clear, defi ned boundary.

Other than mentioned above, the general approach to section 278 agreements is the same as for section 38 agreements.

This Part also details the borrowing powers and exemptions from Stamp duty in those cases where the Minister is the high-way authority.


S274A: This new subsection states that Parish or Community Councils can contribute towards the costs of constructing, re-moving or maintaining traffi c calming works and associated signs and lining, and where works could benefi t the area in general.

S281A: Amended as Stamp duty land tax.

Part XIV. Miscellaneous and supplementary provisions (sections 282345) Sections 282345 describe the miscellaneous powers of high-way authorities and local authorities to execute works in order

frontagers or not, care is needed to undertake the work in accordance with the Act so that the highway authority does not, by its action, demonstrate that it has adopted the highway if that is not the intention.

On occasion, frontagers of private streets may approach the highway authority to seek the adoption of the street and, if so, these sections should be used.

Everything to do with private streets is covered in this Part (remaining private, management, maintenance, dealing with damage, making a street up to an adoptable standard, etc.). The term development plan must be interpreted in conjunc-tion with section 38 of the Planning and Compulsory Purchase Act 2004. Some of the subsections apply to the various parts of the New Roads and Street Works Act 1991.


S220, S221: Minor revisions, modifi ed by the Building Act 1984.

Part XII. Acquisition, vesting and transfer of land etc. (sections 238271) Sections 238271 deal with the acquisition of land for the construction and improvement of highways, including land required for accommodation works and the mitigation of adverse effects due to construction or improvement works.

It starts with the interpretations and leads into the acquisition of land, additional provisions with respect to the acquisi-tion of rights over land, the exchange of land, further powers with respect to the acquisition procedure for the exercise of highway land acquisition powers and a provision for special compensation with respect to certain compulsory acquisitions for highway purposes.

Finally, there is vesting of highway and transfer of property, including street lighting and bridges, and liabilities, such as staff, on change of the status of a highway.


S238 (2): Refer to the Acquisition of Land Act of 1981.

S245A: Acquisition of land by Secretary of State or in Wales by Welsh Assembly for buildings etc. needed for traffi c manage-ment purposes.

S256 (6A): Power to exchange land to adjust boundaries of high-ways now includes operators of driver information systems in the list of statutory undertakers.

S266A and B: New sections relating to the transfer of property and liabilities and transfer of staff upon a highway becoming or ceasing to be a GLA road.

Part XIII. Financial provision (sections 272281) Sections 272281 deal with the fi nancial advances required by a highway authority to construct, maintain and manage highways. This Part also proposes the contribution by County Councils and local planning authorities towards expenses



Schedule 12: Provisions as to orders under section 116 and con-veyances under section 256.

Schedule 12ZA: Delegation of function of making determination.

Schedule 12A: Further powers of highway authorities and coun-cils in relation to interference with highways.

Schedule 13: Deductions from rents.

Schedule 14: Provisions with respect to notices under section 184.

Schedule 15: Application of advance payments code.

Schedule 16: Particulars to be stated in specifi cations, notices, etc., under the private street works code.

Schedule 17: Purposes for which additional land may be taken in advance of requirements.

Schedule 18: Distance limits from highway applicable to com-pulsory acquisition.

Schedule 19: Compulsory acquisition of rights: modifi cation of 1946 and 1965 Acts.

Schedule 20: Acquisition of land or rights: related schemes and orders.

Schedule 21: Transitional matters arising where a highway be-comes a trunk road or a trunk road ceases to be a trunk road.

Schedule 22: Provisions of this Act to which sections 288, 294, 312, 338, 339 and 341 of this Act apply.

Schedule 23: Transitional provisions.

Schedule 24: Consequential amendments.

Schedule 25: Lists the law that was repealed when the Highways Act 1980 was made.

References

List of legislationHighways Act 1980 (Gating Orders) (England) Regulations 2006

London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Local Government Act 1985 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Natural Environment and Rural Communities Act 2006 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

New Roads and Street Works Act 1991 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Planning and Compulsory Purchase Act 2004 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Road Humps Regulation 2004 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Road Safety Act 2006 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Road Traffi c (Driver Licensing and Information Systems) Act 1989 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

to mitigate the adverse effect of construction or improvement of highway works, as well as to carry out trials on the effect of various classes of vehicles on different types of highways, to erect barriers in the street in times of emergency etc.

Sections 282345 also describe the powers of highway authorities relating to the provision of inquiries, recovery of expenses and determination of disputes. This includes com-pensation, prosecution, appeals, summaries of proceedings, offences (individual or corporate), notices and rights of appeal.

Various sections in this Part also stipulate the formats of invoices. This includes forms, authentication, serving and a time period for revising the costing.

Crown Application (section 327) deals with the application of the Act to land owned by the Crown, and section 344 refers specifi cally to the exceptions with respect to the Isles of Scilly.

Sections 328329 provide defi nitions of various terms, such as highway, statutory undertakers, apparatus, by pass and local planning authority, while sections 333334 are dedi-cated to Saving for post offi ces, coastal protection, minerals, etc. Many of the subsections apply to the various parts of the New Roads and Street Works Act 1991.


S285 (6): This subsection applies to Part III of the New Roads and Street Works Act 1991.

Schedules

There are 25 Schedules listing procedures for implementing the Act as follows:

Schedule 1: Procedures for making or confi rming certain orders and schemes.

Schedule 2: Validity and date of operation of certain schemes and orders.

Schedule 3: Provisions of this Act referred to in section 11.

Schedule 4: Classes of traffi c for purposes of special roads.

Schedule 5: Modifi cations of certain provisions of the Town and Country Planning Act 1990 as applied by section 21.

Schedule 6: Provisions as to making, confi rmation, validity and date of operation of certain orders relating to footpaths and bridleways.

Schedule 7: Maintenance of certain highways by District Councils.

Schedule 8: Consents required for execution of certain works in streets.

Schedule 9: Improvement lines and building lines.

Schedule 10: Procedure for determination by highway author-ity of certain questions arising in connection with provision of cattle-grid or by-pass.

Schedule 11: Provisions as to orders under section 93 of this Act.



Traffi c Management Act 2004 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Transport and Works Act 1992 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Transport for London Act 2008 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Water Act 1989 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Road Traffi c Regulation Act 1984 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

The Wildlife and Countryside Act 1981 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Town and Country Planning Act 1990 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

Traffi c Calming Act 1992 London, Offi ce of Public Sector Information. [Available at www.statutelaw.gov.uk/]

ice | manuals


doi: 10.1680/mohd.41110.0013

CONTENTS

Introduction 13

Part I: Public roads 14

Part II: Private roads 14

Part III: New roads 14

Part IV: Improvements and maintenance 14

Part V: Roads and building control 15

Part VI: Access and stopping up 15

Part VII: Bridges, tunnels and diversion of water 15

Part VIII: Interference and damage 15

Part IX: Acquisition, transfer, vesting and compensation 16

Part X: Miscellaneous 16

Part XI: Offences 16

Part XII: Statutory undertakers 16

Part XIII: General 17

Schedule 1: Procedures for making or con rming certain orders and schemes 17

Schedule 2: Validity and date of operation of certain orders and schemes 17

Schedule 3: Classes of traf c for purposes of special roads 17

Schedule 4: Procedure for determination by roads authority of certain questions in connection with cattle-grids 17

Schedule 5: Distance limits from public road for purposes of compulsory acquisition 17

Schedule 6: Special transitional provisions for trunk roads 17

Schedule 7: Restricted roads 17

Schedule 8: Penalties for offences 17

Schedule 9: Minor and consequential amendments 18

Schedule 10: Transitional provisions and savings 18

Schedule 11: Repeals 18

IntroductionThe Roads (Scotland) Act 1984 sets out the powers and respon-sibilities of roads authorities in Scotland.

The Act consists of 13 parts (Parts I to XIII), the individual sections and subsections in each Part being grouped under sub-headings where appropriate, and 11 Schedules (Schedules 1 to 11). Interpretation of the various terms used in the Act are given in Part XIII, section 151.

The term road is the Scottish equivalent of highway in the Highways Act 1980 pertaining to England and Wales.

The following is a summary guide of the Parts and Schedules for road engineers. Detailed interpretation, production of notices and orders, and actions will normally require legal guidance.

Where comments additional to the actual contents of the Act are made, they are set out in italic type below the related text.

The Roads (Scotland) Act 1984 web site contains the updated version of the Act extracted from the UK Statute Law Database (SLD). SLD includes several new sections (referred to at the appropriate places in this chapter) and numerous amendments

Chapter 2

Highway Legislation: ScotlandJack R. Edgar Hunter & Edgar, UK

This chapter describes the main requirements of the Roads (Scotland) Act 1984, which sets out the powers and responsibilities of roads authorities in Scotland. It covers the various orders, consents and procedures to be implemented, and also the various roads-related offences by other parties that fall to be dealt with by roads authorities. Also covered are procedures relating to new roads and their adoption.



to the text of the original Act and other effects which are incor-porated with annotations (not included in this chapter).

Part I: Public roadsGeneral powers and duties of roads authorities

Section 1 covers the powers and duties of local roads authori-ties. They are required to keep a list of public roads, which must be open to inspection free of charge, and to manage and maintain the roads on this list, which can be added to or deleted from as appropriate.

It should be noted that this Act contains no section to pro-vide a defence against an action for failure to maintain, unlike the Highways Act 1980 applicable to England and Wales in which section 58 applies for this purpose. The Convention of Scottish Local Authorities (COSLA) has endorsed codes of practice as a basis for authorities to fulfi l their maintenance responsibilities in a demonstrably reasonable manner, Well-Maintained Highways Code of Practice for Maintenance Management 2005 being the current version.

Sections 2 to 4 set out the similar duties and procedures for the Scottish Ministers relating to trunk and special roads. (The Scottish Ministers deal with most of the functions in the Act which previously fell to the Secretary of State prior to the Scotland Act 1998 and devolution).

Trunk roads

Sections 5 and 6 are additional to the above regarding trunk roads.

Special roads

Sections 7 to 10 are additional to the above regarding special roads.

Attention is drawn to the requirements of Part II of the New Roads and Street Works Act 1991 as the basis for the construc-tion and operation of new roads by anyone other than roads authorities, and for the charging of tolls.

Classi cation of roads

Section 11 deals with changes to road classifi cations.

Supplementary

Section 12 deals with orders relating to roads that cross or join public roads.

Sections 12 AF are additional to the original Act and deal with transitional and further powers.

Part II: Private roads Sections 13 to 15 empower roads authorities to require the owners or frontagers to improve private roads, and to promote a scheme for apportioning costs between them. The roads authority may contribute to the cost and may carry out emergency work.

Sections 16 and 17 set out procedures and requirements for adding improved or new roads constructed by means of a road

construction consent (see section 21 in Part III below) to the list of public roads. In the latter case, there is a requirement for the provision of suffi cient security to enable the authority to complete the road if the consent holder is in default.

The Security for Private Road Works (Scotland) Regulations 1985 requires that building work cannot commence until road construction consent has been granted and security provided.

Section 18 relates to new footpaths.

Part III: New roads Sections 19 and 20 allow the construction of new roads, other than special roads, by the Scottish Ministers and local roads authorities.

Sections 21 to 23 deal with the construction of new roads by anyone other than a roads authority, including the requirement for road construction consent from the roads authority, and the penalties and remedial powers where there is default.

Sections 20 A and B are additional to the original Act and deal with environmental assessment and signifi cant trans-boundary effects.

Part IV: Improvements and maintenanceLevels

Section 24 empowers road authorities to alter the level of a public road.

Safety

Sections 25 to 29 allow roads authorities to provide, in the interest of public safety, footways, pedestrian subways, over-bridges, refuges, dual carriageways, roundabouts, raised pav-ing, fences, railings and barriers.

Natural dangers

Sections 30 to 32 allow roads authorities to provide barriers etc., and to provide road drainage, including on private land after serving notice.

Section 33 allows the provision of snow gates for tempo-rary closures, and Section 34 requires roads authorities to take reasonable steps to prevent hazards from snow and ice.

The guidance in Well Maintained Highways Code of Practice for Highway Maintenance Management, including the provision of a Winter Service Policy and Operational Plan, is recommended in order to demonstrate reasonableness.

Lighting

Section 35 requires local roads authorities to provide and main-tain lighting for roads or proposed roads which, in their opin-ion, should be lit. The Scottish Ministers may provide lighting on roads for which they are responsible.

Road humps

Sections 36 to 40 set out the procedures for providing road humps.

Highway Legislation: Scotland


Section 39 AC are additional to the original Act and cover powers and procedures relating to traffi c calming.

Cattle-grids

Sections 41 to 47 set out the procedures for providing cattle-grids.

Miscellaneous

Sections 48 to 55 cover the provision of bus shelters, tree and shrub planting, refuse or storage bins, picnic sites and asso-ciated facilities, and measures to mitigate adverse effects of roadworks.

Section 49A is additional to the original Act and covers powers to install equipment for detection of traffi c offences. Sections 55A and B are also additional and cover environmen-tal assessment.

Part V: Roads and building controlWorks and excavations

Section 56 states that it is an offence to carry out works on public roads without roads authority consent or to fail to comply with any conditio