Highways Act 1980

[F1 90E Status of road humps. E+W

(1) [F2 Where the requirements of subsections (1A), (1B) or (1C) are satisfied in relation to a road hump], the road hump shall not be treated as constituting an obstruction to the highway but as part of the highway, so that in particular—

(a) the obligation of any person to maintain the highway; and

(b) the obligation of any person having power to break open the highway to make good any damage or otherwise reinstate the highway,

extend to maintaining or, as the case may be, making good any damage to or otherwise reinstating the road hump.

[F3 (1A) The requirements of this subsection are that—

(a) regulations under section 90D above apply to the road hump,

(b) the road hump conforms to the regulations, and

(c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.

(1B) The requirements of this subsection are that—

(a) the road hump is specially authorised by the Secretary of State,

(b) the road hump conforms with the conditions attached to the authorisation, and

(c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.

(1C) The requirements of this subsection are that—

(a) the road hump falls within section 90CA, and

(b) if the road hump is in a highway maintainable at the public expense, the condition mentioned in subsection (2)(a) below is satisfied.]

(2) The further conditions applicable in the case of a road hump in a highway maintainable at the public expense are—

(a) that the highway is for the time being subject to a statutory speed limit for motor vehicles of 30 miles per hour or less or the road hump is specially authorised by the Secretary of State; and

(b) that the road hump was constructed under section 90A or 90B above or was constructed at a time when the highway was not maintainable at the public expense.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Ss. 90A–90F inserted by Transport Act 1981 (c. 56, SIF 126), s. 32, Sch. 10 para. 2

F2 Words in s. 90E(1) substituted (3.7.2000) by 1999 c. 29, s. 268(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F3 S. 90E(1A)-(1C) inserted (3.7.2000) by 1999 c. 29, s. 268(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F4 S. 90(3) repealed (3.7.2000) by 1999 c. 29, s. 268(7), Sch. 34 Pt.VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F5 S. 90E(4) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. ; S.I. 1992/2984, art. 2(2), Sch. 2