I dodged yet another pothole on the way to work this morning – it’s getting to be rather tedious if I’m honest. OK, so I know the councils budgets are rather stretched thanks to the giant pair of scissors that are David Cameron’s hands; but something needs to be done about it. In fact, if anyone watched Channel 4’s Selling Off Britain on Monday night, you might agree that there is room for a bit of financial redistribution to help us sort out the meteor craters littering our roads.
But – Where does the genuine duty lie? What are the councils and highways authorities responsible to do? You’d be tempted to say “naff all” given the current state of the roads; but there is a duty there. Under the Highways Act 1980, local authorities responsible for the highways have an important duty to ensure that the highway is reasonably and regularly inspected and maintained. What is classed as “reasonable” is largely down to the authorities themselves; they can range from monthly inspections, to three monthly, bi-annually, or even annual only inspections. It’s all about what is deemed to be reasonable and practical.
If a pothole or defect is reported, the rules change a little. The council now must make the area safe – either by reparations or cordoning off of the area etc, as soon as is reasonably possible. Again, that lovely ambiguous word “reasonable” is in there. How this can be measured is hard to tell. At the end of the day, it’s likely the local authority will put forward the “public purse” argument as to why they are not able to satisfy the safety of highway users.
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