Transport Act 1981

[F1 8 (1) Where a road hump conforms to regulations under paragraph 7 and, in the case of a road hump constructed under paragraph 4 or 5 above, the condition mentioned in sub-paragraph (2) is satisfied, the road hump shall nit be treated as constituting an obstruction to the highway but as part of the highway, so that in particular— E+W+S

(a) the obligation of any person to maintain the highway; and

(b) the obligation of any person having power to break open the highway to make good any damage or otherwise reinstate the highway;

extend to maintaining or, as the case may be, to making good any damage to or otherwise reinstating the raod hump.

(2) The further condition applicable in the case of a road hump constructed under paragraph 4 or 5 above is that either—

(a) the highway in question is for the time being subject to a statutory speed limit for motor vehicles of 30 miles per hour or less: or

(b) the road hump is specially authorised by the Secretary of State.

(3) In relation to a road hump specially authorised by the Secretary of State the reference in sub-paragraph (1) to conformity with regulations shall be construed as a reference to conformity with the conditions attached to the authorisation.

(4) In so far as it does not apply apart from this sub-paragraph, Part II of the M1 Public Utilities Street Works Act 1950 (code regulating relations between persons carrying out alterations to roads and statutory undertakers having apparatus in those roads) applies in relation to the construction, maintenance and removal of a road hump as if the works were executed for road purposes and were mentioned in section 21(1)(a) of that Act and as if the person executing them were the promoting authority within the meaning of that Part.]

Textual Amendments

F1 Sch. 10 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(3), Sch. 11

Marginal Citations

M1 1950 c. 39.