Highway Law - An Introduction

Overview

                                                                                                                  

Endorsed by CIHT for CPD                                                                                                                                                   Approved by IHE

Exercising our rights to use a highway is something we do automatically everyday without further consideration. This course examines the various ways in which the rights of way over a highway are organised by a highway authority, including the duties of the highway authority, in maintenance as well as discretionary powers of improvement. The course will include interesting and unusual case law, statutory provisions and recent cases that could affect working practices.

Aims & Objectives:

This course has been designed to meet the needs of those who are involved in highway matters, in particular those who are relatively new to the subject, with a view to improving understanding of the legal provisions concerning the powers and duties of a highway authority.

Course Outline:

  • Foundations of Highway Law – creation and ownership of highways, determination of highway boundaries and liability of adjacent owners.
  • Creation and Adoption of Highways – the private street works and advance payments codes.
  • Development and Highways - Agreements under section 278 Highways Act
  • Highway Maintenance - Duties in relation to maintenance and repair and defence by highway authority
  • Improvement of Highway - General powers, street lighting, tree planting and other amenities
  • Lawful and Unlawful Interference - Protection of Public rights, damage and danger and annoyance to users of highways
  • Legal Challenge - Issues that will make an authority vulnerable to challenge, Judicial Review
  • Obstructions in the Highway – unauthorised signs, advertising boards and other forms of obstruction.
  • Extinguishment and Diversion of Highways – powers under the Highways and Planning Acts.
  • Highway Structures
  • New Roads and Street Works Act 1991 – an overview and update of the act
  • Improvement of Highways – general and specific powers of improvement.
  • Highway drainage – Powers and Responsibilities.
  • Trading on the Highway – the designation of streets for street trading purposes and licences for street cafes and other amenities.
  • Legal challenges- local authority decision making process
  • TRO'S – Traffic Regulation Orders

Mode of Delivery:

  • Detailed consideration of course notes
  • Interactive exercises
  • Discussion
  • Feedback activity

Benefits of Attending:

  • A clearer and more comprehensive understanding of the foundations of highway law

Pre-Course Requirements:

  • Basic knowledge of Highway Issues
All our courses can be offered as in-house training