Highways Act 1980

174 Precautions to be taken by persons executing works in streets. E+W

(1) Without prejudice to section 8 of the M1 Public Utilities Street Works Act 1950 (requirements as to safety, obstruction and other matters to be observed during and in connection with the execution of certain works in streets and in controlled land within the meaning of that Act), where in the exercise of a power conferred by or under any enactment or otherwise any person is executing works in any street he—

(a) shall erect such barriers and traffic signs for preventing danger to traffic, for regulating traffic, and for warning traffic of danger, as may be necessary and remove them as soon as they cease to be needed for any of those purposes;

(b) shall cause the works to be properly guarded and lighted during the hours of darkness; and

(c) where the nature of the works so requires, shall cause any building adjoining the street to be shored up or otherwise protected.

(2) Subject to subsection (3) below, if any person fails to satisfy an obligation to which he is subject by virtue of subsection (1) above he is guilty of an offence and, without prejudice to any other liability to which he may be subject apart from this subsection, is liable to a fine not exceeding £10 in respect of each day of such failure.

(3) Where a person is subject to the same obligation by virtue of subsection (1) above and by virtue of some other enactment, then, without prejudice to section 18 of the M2 Interpretation Act 1978 (offences under two or more laws), if a failure by him to satisfy that obligation is an offence under an enactment other than subsection (2) above, subsection (2) above does not apply in relation to a failure by him to satisfy that obligation.

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

(a) takes down, alters or removes any barrier, traffic sign, support or light erected or placed in pursuance of subsection (1) above or any fence, barrier, traffic sign or light erected or placed on or near a street in pursuance of any other enactment for the purpose of warning users of the street of any obstruction, whether caused by the execution of works in or near the street or otherwise, or of protecting them from danger arising out of such an obstruction, or

(b) extinguishes any light so placed,

he is guilty of an offence and liable to a fine not exceeding [F1 level 3 on the standard scale].

(5) For the purposes of section 312 below in its application to an offence under this section statutory undertakers and the Post Office are each to be deemed to be a person aggrieved.

Textual Amendments

F1 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Marginal Citations

M1 1950 c. 39.

M2 1978 c. 30.