Understanding Highway Obstructions in the UK

What Constitutes a Highway Obstruction?

An obstruction on a highway is essentially anything that renders the road impassable or significantly more difficult to traverse. This can range from physical objects placed on or over the road to actions that impede the legitimate use of the highway. The fundamental right of the public on a highway is to pass and re-pass freely. When this right is hindered by an obstacle, it constitutes an obstruction. These obstructions are not only a nuisance but also pose a significant safety hazard to all road users, including pedestrians, cyclists, and drivers.

Highway authorities bear a crucial duty to maintain public highways and ensure they remain open and accessible. A key part of this responsibility involves identifying and removing any obstructions or encroachments that compromise the safety and usability of the road network. In practice, many highway authorities manage these situations through a licensing system. This allows for the controlled placement of certain items, such as builders' skips, scaffolding, hoardings, and the activities of street traders, provided they obtain the necessary permissions.

Reporting a Road Obstruction

If you encounter an obstruction on a public highway, it's important to report it to the relevant authority. While the provided text doesn't detail the specific steps for reporting, in the UK, this usually involves contacting your local council or the Highways Agency, depending on the type of road. Many authorities have online portals or dedicated phone lines for reporting such issues. Providing clear details about the location, nature of the obstruction, and any associated risks will help them address the problem efficiently.

Powers of Highway Authorities Regarding Obstructions

Highway authorities in the UK are empowered by legislation to manage and remove obstructions. Their statutory duty, as outlined in Section 130 of the Highways Act 1980, is to assert and protect the public's right to use and enjoy highways. Preventing obstructions is a core component of this duty.

The Highways Act 1980: Key Provisions

Part IX of the Highways Act 1980 specifically addresses lawful and unlawful interference with highways. Section 137 of this Act states that anyone who wilfully obstructs the free passage along a highway without lawful authority or excuse is guilty of an offence. This offence can lead to imprisonment for up to 51 weeks, a fine, or both. Importantly, amendments made by the Police, Crime, Sentencing and Courts Act 2022 expanded the potential penalties to include imprisonment for offences committed on or after 12th May 2022.

It's crucial to understand that an obstruction doesn't necessarily need to block the entire width of a highway to be an offence. Furthermore, it's not required to prove that a specific individual was actually obstructed; the offence relates to the obstruction of the highway itself. Highway authorities have a range of powers to deal with obstructions, enabling them to remove them, prosecute those responsible, or issue licences for certain permitted activities.

Licensing and Lawful Obstructions

The licensing system managed by highway authorities is key to differentiating between an authorised presence on the highway and an unlawful obstruction. By granting a licence or permit, the authority provides 'lawful authority,' which is the necessary defence against an offence under Section 137 of the Act. Examples of obstructions that may be legitimately licensed and controlled include:

Commonly Licensed Obstructions:

A highway authority is not obliged to grant a licence. They will consider various factors, including existing licenced obstructions in the area and the need to keep highways as clear as possible. If an obstruction is not licensed, the authority may rely on specific enforcement provisions within the Act for that particular type of obstruction or use Section 137 for prosecution and Section 149 for removal powers.

Other Relevant Powers and Offences

Beyond the specific examples above, the Highways Act 1980 grants further powers. Section 143 allows for the removal of structures from highways, and Section 154 empowers authorities to cut or fell trees and vegetation that overhang the highway. Other specific offences created by the Act include roadside sales (Section 147A) and penalties for depositing items or pitching booths on the highway (Section 148).

Part VIIA of the Act, concerning the Provision of Amenities on Certain Highways, also grants powers (under Section 115E) for authorities to license activities and place objects or structures on highways with no vehicular access. These are often for amenity enhancement, public benefit, recreation, refreshment, or advertising. A notable recent change (31st March 2024) affects Section 115E, aligning it with pavement licensing regulations.

Pavement Licences and Recent Legislation

During the Covid-19 pandemic, the Business and Planning Act 2020 introduced temporary pavement licences, allowing businesses like cafes and pubs to place removable furniture on pavements for customer use. These were specifically for non-vehicular highways. Importantly, The Levelling-up and Regeneration Act 2023 has now made this temporary procedure permanent, with amendments. Crucially, as of 31st March 2024, local authorities can no longer use Section 115E of the Highways Act 1980 to grant permissions that could be authorised by a pavement licence under the Business and Planning Act 2020.

Obstructions by Vehicles

Legislation outside the Highways Act 1980 also addresses obstructions caused by vehicles. Section 22 of the Road Traffic Act 1988 makes it an offence for a person in charge of a vehicle to cause or permit it to remain at rest in a position or condition that poses a danger of injury to others. Furthermore, Part 2 of the Clean Neighbourhoods and Environment Act 2005 creates 'nuisance parking offences' for exposing vehicles for sale or repairing them on a road.

Common Law Duties

In addition to statutory powers, highway authorities have a common law duty to prevent and remove obstructions. These common law powers are not superseded by the statutory provisions in the Highways Act 1980. As Section 333(1) of the Act clarifies, the statutory powers do not affect the authority's rights or liabilities under common law or other enactments for removing obstructions or abating nuisances.

Frequently Asked Questions (FAQs)

Q1: What is the primary right of the public on a highway?
The primary right is to pass and re-pass freely along the highway.

Q2: Can a small item be considered a highway obstruction?
Yes, anything that hinders free passage can be an obstruction, regardless of its size, if it impedes the legitimate use of the highway.

Q3: Who is responsible for removing highway obstructions?
Highway authorities have the primary responsibility to remove obstructions and keep highways clear.

Q4: Is it always illegal to place something on a highway?
No, it is not always illegal. Highway authorities can issue licences or permits for certain activities and items, such as scaffolding or street trading, which makes their presence lawful.

Q5: What are the penalties for unlawfully obstructing a highway?
Penalties can include imprisonment (up to 51 weeks), a fine, or both, depending on the severity and circumstances of the offence, as per the Highways Act 1980.

Q6: How has recent legislation affected pavement licensing?
Recent legislation has made the temporary pavement licensing procedure, introduced during the pandemic, a permanent feature, with updated regulations governing its use.

Q7: What should I do if I see a dangerous obstruction on the road?
Report it immediately to your local council or the Highways Agency, providing as much detail as possible.

This article provides an overview of highway obstructions in the UK, detailing the legal framework, the powers of highway authorities, and the distinction between lawful and unlawful obstructions. Understanding these provisions is key to maintaining safe and accessible road networks for everyone.

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