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Section 170: Control of mixing of mortar etc. on highways.

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part IX: Lawful and Unlawful Interference With Highways and Streets

Subject to subsection (2) below, a person who mixes or deposits on a highway any mortar or cement or any other substance which is likely to stick to the surface of the highway or which, if it enters drains or sewers connected with the highway, is likely to solidify in the drains or sewers is guilty of an offence and liable to a fine not exceeding level 4 on the standard scale.

Nothing in subsection (1) above applies to any mixing or deposit—

in a receptacle or on a plate which prevents the substance in question from coming into contact with the highway and from entering any drains and sewers connected with the highway;
by the highway authority or a local authority in connection with the maintenance or alteration of the highway or a bridge over which or a tunnel through which the highway passes;
by a body having a duty under an enactment to maintain—
a bridge over which or a tunnel through which the highway passes, or
works or materials supporting or protecting the highway where it forms part of the approaches to such a bridge or tunnel,

if the mixing or deposit is in connection with the maintenance or alteration of the bridge, tunnel, works or materials;

by statutory undertakers in connection with apparatus in or the placing of apparatus in the highway;
by any licensee under a street works licence if the mixing or deposit cannot reasonably be done elsewhere than on the highway.

In subsection (2) above—

  • "local authority" means any of the following, namely, the council of a county, district or London borough, . . . the Common Council and the Council of the Isles of Scilly; and

  • "statutory undertakers" means any of the following, namely, any body who are statutory undertakers within the meaning provided by section 329(1) below, any universal service provider in connection with the provision of a universal postal service. . . . . . and the operator of an electronic communications code networkor a driver information network.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.