Highways

Question 1

What is a highway? (Highways Act 1835)

Answer 1

All roads, bridges, carriageways, cart ways, horse ways, bridleways, footpaths, church ways and pavements (includes bridges). Generally it means a way over which the public has right to pass and re-pass

Question 2

What is a road?

Answer 2

Any length of highway and other road to which the public has access and includes bridges over which the road passes. In relation to a layby, where it is designed to serve only as a temporary stopping place incidental to the function of a road it may well be correct to treat as part of the road

Question 3

What is a carriageway?

Answer 3

Is a way constituting or compromised in a highway, being a way (other than a cycle track) over whoch the public have a right of way for the paasage of vehicles (section 329 Highways Act)

Question 4

Wilful obstruction of a highway - summary only, fine up to level 3

Answer 4

If a person without lawful authority or excuse, in anyway wilfully obstructs the free passage along the highway is guilty of an offence

Question 5

What does Highways Act section 161 (1) prevent?

Answer 5

Prohibits any person without lawful excuse; from depositing anything on a Highway in consequence of which a person is injured or endangered

Question 6

What does Highways Act 1980 section 161 (2A) prohibit?

Answer 6

Lighting any fire on or over a highway which consists of a carriageway, and in consequence a user of the highway is injured, interrupted or endangered

Question 7

Highways Act 1980 section 161 (2B) - Fireworks

Answer 7

Offence to discharge any firearm or firework with 15.24 metres (50 feet) of the centre of a highway and in consequence a user of the highway is injured, interrupted or endangered

Question 8

What offence comes under section 161A of the Highways Act 1980?

Answer 8

To light, direct or permit any fire to be lit on any land as a result of which any road user is injured, endangered or interrupted by the fire or smoke from that fire or from any other fire caused by that fire

Question 9

Defences to section 161A of the highways act 1980 - lighting, directing or permitting a fire to be lit

Answer 9

At the time of the lighting, the person was satisfied on reasonable grounds that it was unlikely that any highway user would be endangered, injured or interrupted by smoke or fire and either, he did all that he could to prevent users of the highway being endangered, injured or interrupted (both before and after the fire was lit) OR he had reasonable excuse for not doing so

Question 10

What is regulation 4 of the firework regulations 2004?

Answer 10

It is an offence for an under 18 to possess an adult firework

Question 11

What is regulation 5 of the firework regulations 2004?

Answer 11

Prevents any person from possessing a category 4 or above firework (professional firework) unless they have a licence to do so

Question 12

What does regulation 7 of the fireworks regulations 2004 say?

Answer 12

Curfew on fireworks, 11pm to 7am with an exception of Diwali, Chinese New Year and New Years Eve. New years Eve is until 1am and bonfire night is 12am (curfews do not apply to regulation 1 fireworks which are caps, poppers and sparklers)