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Highways Act 1980, Section 161A is up to date with all changes known to be in force on or before 09 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If a person—
(a)lights a fire on any land not forming part of a highway which consists of or comprises a carriageway; or
(b)directs or permits a fire to be lit on any such land,
and in consequence a user of any highway which consists of or comprises a carriageway is injured, interrupted or endangered by, or by smoke from, that fire or any other fire caused by that fire, that person is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale.
(2)In any proceedings for an offence under this section it shall be a defence for the accused to prove—
(a)that at the time the fire was lit he was satisfied on reasonable grounds that it was unlikely that users of any highway consisting of or comprising a carriageway would be injured, interrupted or endangered by, or by smoke from, that fire or any other fire caused by that fire; and
(b)either—
(i)that both before and after the fire was lit he did all he reasonably could to prevent users of any such highway from being so injured, interrupted or endangered, or
(ii)that he had a reasonable excuse for not doing so.]
Textual Amendments
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