‘Sec­tion 41 gives the coun­cil a de­fence in cases like yours’

Motorcycle News (UK) - - Garage -

ASec­tion 41 of the High­ways Act of­fers the coun­cil a de­fence. In sum­mary, this states that the coun­cil is re­spon­si­ble for main­tain­ing the fab­ric of the road. It does not, how­ever, ex­tend a li­a­bil­ity to the coun­cil for fail­ing to sweep or clear the road sur­face. Pro­vided that the coun­cil has com­plied with its duty to in­spect the high­way then they have a de­fence. The is­sue is fur­ther com­pli­cated by a court de­ci­sion in the case of Valentine v Trans­port for Lon­don & An­other which de­ter­mined that the obli­ga­tion to main­tain the high­way does not ex­tend to the clear­ing of road de­tri­tus. The obli­ga­tion to main­tain the high­way is lim­ited to the in­spec­tion and re­pair of the sur­face and the coun­cil will not there­fore be li­able if it is al­leged that the gravel is the build-up of road de­tri­tus as op­posed to a fail­ure in the fab­ric of the road.

Newspapers in English

Newspapers from UK

© PressReader. All rights reserved.