Highways Act 1980 (c. 66)

Part IX E+W Lawful and Unlawful Interference With Highways and Streets

Damage to highways, streets etc. E+W

131 Penalty for damaging highway etc. E+W

(1) If a person, without lawful authority or excuse—

(a) makes a ditch or excavation in a highway which consists of or comprises a carriageway, or

(b) removes any soil or turf from any part of a highway, except for the purpose of improving the highway and with the consent of the highway authority for the highway, or

(c) deposits anything whatsoever on a highway so as to damage the highway, or

(d) lights any fire, or discharges any firearm or firework, within 50 feet from the centre of a highway which consists of or comprises a carriageway, and in consequence thereof the highway is damaged,

he is guilty of an offence.

(2) If a person without lawful authority or excuse pulls down or obliterates a traffic sign placed on or over a highway, or a milestone or direction post (not being a traffic sign) so placed, he is guilty of an offence; but it is a defence in any proceedings under this subsection to show that the traffic sign, milestone or post was not lawfully so placed.

(3) A person guilty of an offence under this section is liable to a fine not exceeding [F1 level 3 on the standard scale].

Textual Amendments

F1 Words in s. 131(3) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35, 37, 38, 46 (with s. 47)