Part IVE+W Maintenance of Highways

Maintenance of highways maintainable at public expenseE+W

46 Supplemental provisions with respect to the getting of materials under section 45.E+W

(1)Where an excavation is made by a highway authority in the exercise of powers conferred by section 45 above, the authority shall—

(a)while work is in progress, and thereafter so long as the excavation remains open, keep the excavation sufficiently fenced to prevent accidents to persons or animals,

(b)if no materials are found therein, fill up the excavation within 3 days from the date on which the excavation was made,

(c)if materials are found, then within 14 days from the date on which sufficient materials have been obtained, fill up the excavation or slope it down and fence it off, if the owner or occupier of the land in question so requires, and thereafter keep it so fenced, and

(d)when filling up an excavation, make good and level the ground and cover it with the turf or clod dug therefrom.

(2)An authority who fail to comply with any of the provisions of subsection (1) above are guilty of an offence and liable to a fine not exceeding [F1level 1 on the standard scale].

(3)If in the exercise of powers conferred by section 45 above materials are dug so as to damage or endanger a highway, occupation road, ford, dam, mine, building, works or apparatus, the authority are guilty of an offence and, without prejudice to any civil proceedings which may be available against them, liable to a fine not exceeding [F2level 1 on the standard scale].

(4)A person who, without the consent of the highway authority,—

(a)takes away any materials purchased, gotten or gathered by them for the repair of highways, or

(b)takes away any materials from a quarry or excavation opened by the authority before their workmen have ceased working thereat for 6 weeks,

is guilty of an offence and liable to a fine not exceeding [F3level 1 on the standard scale]; but in the case of a quarry or excavation in private grounds, nothing in this subsection prevents the owner or occupier from getting materials therefrom for his own private use and not for sale.

Textual Amendments