In addition to primary legislation dealing with motorways, there are a large number of subordinate laws adopted under this legislation (e.g. by-laws, regulations, systems and codes). (2) Where an order is issued under subsection (1), any reference to a major highway in an order or document published or published before the order was issued (including an order in this Act) shall be construed as a reference to a highway from the description given in the order, unless the order provides otherwise. (1) The local road authority may, in agreement with the Minister [F37 or a strategic highway corporation], undertake the maintenance and improvement of a highway in area [F38 of the local road authority] that is a highway (other than a main road) that the Minister [F39 or the corporation] intends to construct or has constructed before or after this Act comes into force. built. and references in this section to « the road » and « road authority » in relation to an order made under this order are references to the classified road or road to which the by-law relates and to the authority responsible for the road service for that road. (4) Subsection (2) is, in respect of any motorway outside Greater London for which the Minister [F13 or a strategic highway corporation] is not the highway authority referred to in subsection (1)[F12 or (1A)], subject to any provision of this Act or an order made under this Act or any other Act under which a council other than the district council [F15or, If necessary, the metropolitan district in which the highway is located is the road authority for this. 1. For the purpose of repairing highways that it may maintain at the expense of the State, a road authority may exercise the powers contemplated in this Division with respect to the acquisition of materials.
You can still be sued while driving or using a highway, whether adopted or not, private or owned by the local authority. So don`t assume the speed limit doesn`t apply. (4) The above provisions of this section apply when a highway that includes a bridge is included in the route required by a regulation made under section 16 authorizing the provision of a special road by a local road authority and the bridge is transferred to the special road authority as applicable when such a highway becomes a national highway and the bridge is transferred to the [F231 Trunk Road Authority]; and, therefore, those provisions produce their effects as if the references to a national road and to the Minister [F232, a strategic motorway company or a national road authority] included references to a special road and the special road authority. (d)a highway that is a footpath [F192, bridle road or restricted secondary road] established pursuant to an order for the establishment of public roads or a public road diversion order, or under an order of the Secretary of Transport or the Secretary of State under [F193 section 247 of the Planning Act 1990 or a competent authority under section 257 of that Act; or in pursuit of an agreement to create public roads. Notwithstanding the foregoing provisions of this Part of this Act, a road other than a motorway or land to which section 232 applies may become a motorway on the basis of a declaration by a county council, [F182a Metropolitan District Council], London Borough Council or municipal council in accordance with the relevant provisions of Part XI of this Act. A private road or footpath must be fenced at least one day a year to prevent traffic, in reality they are fenced most of the time. A highway can only be fenced for livestock control, but it cannot be closed. 11. The road traffic authority at the request of which an order is issued under this division shall inform all public transport undertakings which have equipment under, on, over, along or over the motorway to which the order relates of the issue of the order.
(1) Where a person is responsible for the maintenance of a highway by reason of ownership, fencing or prescriptions, a district court may, on the application of that person or the highway traffic authority, order that the person`s liability for the maintenance of the highway cease and, where that liability ceases, the highway: If it is not to be maintained at the expense of the State, it becomes, for the purposes of this Act, a highway capable of being maintained at the expense of the State. (2) If the council of a parish has entered into an agreement under subsection 1 on the opening of a highway, it may carry out any work (including maintenance or improvement) related to or resulting from the making of the agreement or contribute to the costs of carrying out the work, and may agree or associate with the council of another parish or municipality, to carry out or contribute to this work. A highway can be a road or a trail. It doesn`t have to be a driveable route. (1) The council of a parish or municipality may undertake the maintenance of any walking trail [F214, bridle road or restricted bypass] within the parish or municipality, both of which is a highway that may be maintained at the expense of the State; but nothing in this subsection shall affect the obligation of a road authority or any other person to maintain such a footpath [F214, bridle road or restricted secondary road]. The authority of the road traffic authorities described above may be exercised either by obligation or by agreement. (5) A court that determines under this section whether a highway is no longer in service is not required to inspect the highway unless the court considers it appropriate and such notice may be adopted by 2 or more members of the court. We have determined above what a highway is.