C1Part IV Road works in Scotland

Annotations:
Modifications etc. (not altering text)

Charges, fees and contributions payable by undertakers

136 Liability for cost of use of alternative route.

1

Where by reason of road works the use of a road is restricted or prohibited and the diverted traffic uses as an alternative route a road of a lower classification, the undertaker shall indemnify the roads authority for the latter road in respect of costs reasonably incurred by them—

a

in strengthening the road, so far as that is done with a view to and is necessary for the purposes of its use by the diverted traffic; or

b

in making good any damage to the road occurring in consequence of the use by it of the diverted traffic.

2

For this purpose the order of classification of roads, from higher to lower, is as follows:

1

Trunk roads.

2

Principal roads.

3

Other classified roads.

4

Other roads.

3

In this section, “trunk road” and “classified road” have the meanings given by section 151 of the M1Roads (Scotland) Act 1984 and “principal road” refers to a road classified as such by the Secretary of State under section 11 of that Act.