New Roads and Street Works Act 1991

88 Bridges, bridge authorities and related matters. E+W

(1) In this Part—

(a) references to a bridge include so much of any street as gives access to the bridge and any embankment, retaining wall or other work or substance supporting or protecting that part of the street; and

(b) “bridge authority” means the authority, body or person in whom a bridge is vested.

(2) In this Part “major bridge works” means works for the replacement, reconstruction or substantial alteration of a bridge.

(3) Where a street is carried or crossed by a bridge, any statutory right to place apparatus in the street includes the right to place apparatus in, and attach apparatus to, the structure of the bridge; and other rights to execute works in relation to the apparatus extend accordingly.

References in this Part to apparatus in the street include apparatus so placed or attached.

(4) An undertaker proposing to execute street works affecting the structure of a bridge shall consult the bridge authority before giving notice under section 55 (notice of starting date) [F1 , or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works),] in relation to the works.

(5) An undertaker executing such works shall take all reasonably practicable steps—

(a) to give the bridge authority reasonable facilities for monitoring the execution of the works, and

(b) to comply with any requirement made by them which is reasonably necessary for the protection of the bridge or for securing access to it.

(6) An undertaker who fails to comply with subsection (4) or (5) commits an offence in respect of each failure and is liable on summary conviction—

[F2 (a) in the case of an offence consisting of a failure to take all reasonably practicable steps to comply with subsection (5)(a), to a fine not exceeding level 4 on the standard scale; and

(b) in any other case, to a fine not exceeding level 5 on that scale.]

(7) Subsections (4) to (6) do not apply to works in relation to which Schedule 4 applies (works in streets with special engineering difficulties).

Textual Amendments

F1 Words in s. 88(4) inserted (1.4.2008) by Traffic Management Act 2004 (c. 18), ss. 52(6), 99(1); S.I. 2007/1890, art. 2, Sch.; S.I. 2007/3174, art. 2, Sch.

F2 S. 88(6)(a)(b) substituted for words in s. 88(6) (4.10.2004 for E., 26.11.2007 for W.) by Traffic Management Act 2004 (c. 18), ss. 40(5), 99(1); S.I. 2004/2380, art. 2(d)(iii) (with art. 3); S.I. 2007/3174, art. 2, Sch. (with art. 4)

Modifications etc. (not altering text)

C1 S. 88(4)(5): functions of a local authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 2 para.4(d)

C2 S. 88(4) modified (E.) (1.4.2008) by The Traffic Management Permit Scheme (England) Regulations 2007 (S.I. 2007/3372), regs. 1(1), 37(5) (with reg. 35)