Section 41: Duty to maintain highways maintainable at public expense., Highways Act 1980

The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.

In particular, a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.

An order made by the Minister under section 10 above directing that a highway proposed to be constructed by himor a strategic highways company shall become a trunk road may, as regards—

a highway to which this subsection applies which becomes a trunk road by virtue of the order, or

a part of a highway to which this subsection applies, being a part which crosses the route of the highway to be so constructed,

contain such a direction as is specified in subsection (4) below.

Subsection (2) above applies to—

any highway maintainable at the public expense by a local highway authority, and

any highway other than a highway falling within paragraph (a) above or a highway maintainable under a special enactment or by reason of tenure, enclosure or prescription.

The direction referred to in subsection (2) above is—

in a case where the highway or part of a highway falls within subsection (3)(a) above, a direction that, notwithstanding subsection (1) above, it shall be maintained by the highway authority for that highway until such date, not being later than the date on which the new route is opened for the purposes of through traffic, as may be specified in a notice given by the Minister to that authority; and

in a case where the highway or part of a highway falls within subsection (3)(b) above, a direction that, notwithstanding subsection (1) above, the Ministeror the strategic highways company is to be under no duty to maintain it until such date as aforesaid.

Where an order under section 10 above contains a direction made in pursuance of subsections (2) to (4) above, then, until the date specified in the notice given by the Minister pursuant to the direction, in accordance with subsection (4) above, the powers of a highway authority under sections 97, 98, 270 and 301 below as respects the highway to which the direction relates are exercisable by the highway authority to whom the notice is required to be given, as well as by the Ministeror the strategic highways company .

Section 41: Duty to maintain highways maintainable at public expense.

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