http://www.legislation.gov.uk/ukpga/1980/66/section/139Highways Act 1980An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.1981-03-01texttext/xmlenStatute Law Database2026-03-18Expert Participation2026-03-13 Part IX Lawful and Unlawful Interference With Highways and Streets Obstruction of highways and streets Control of builders’ skips.1391A builders’ skip shall not be deposited on a highway without the permission of the highway authority for the highway.2A permission under this section shall be a permission for a person to whom it is granted to deposit, or cause to be deposited, a skip on the highway specfied in the permission, and a highway authority may grant such permission either unconditionally or subject to such conditions as may be specified in the permission including, in particular, conditions relating to—athe siting of the skip;bits dimensions;cthe manner in which it is to be coated with paint and other material for the purpose of making it immediately visible to oncoming traffic;dthe care and disposal of its contents;ethe manner in which it is to be lighted or guarded;fits removal at the end of the period of permission.3If a builder’s skip is deposited on a highway without a permission granted under this section, the owner of the skip is, subject to subsection (6) below, guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.4Where a builder’s skip has been deposited on a highway in accordance with a permission granted under this section, the owner of the skip shall secure—athat the skip is properly lighted during the hours of darkness and, where regulations made by the Secretary of State under this section require it to be marked in accordance with the regulations (whether with reflecting or fluorescent material or otherwise), that it is so marked; bthat the skip is clearly and indelibly marked with the owner’s name and with his telephone number or address;cthat the skip is removed as soon as practicable after it has been filled;dthat each of the conditions subject to which that permission was granted is complied with;and, if he fails to do so, he is, subject to subsection (6) below, guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.5Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person is guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.6In any proceedings for an offence under this section it is a defence, subject to subsection (7) below, for the person charged to prove that the commission of the offence was due to the act or default of another person and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.7A person charged with an offence under this section is not, without leave of the court, entitled to rely on the defence provided by subsection (6) above unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.8Where any person is charged with an offence under any other enactment for failing to secure that a builder’s skip which has been deposited on a highway in accordance with a permission granted under this section was properly lighted during the hours of darkness, it is a defence for the person charged to prove that the commission of the offence was due to the act or default of another person and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.9Where a person is charged with obstructing, or interrupting any user of, a highway by depositing a builder’s skip on it, it is a defence for the person charged to prove that the skip was deposited on it in accordance with a permission granted under this section and either—athat each of the requirements of subsection (4) above had been complied with; orbthat the commission of any offence under that subsection was due to the act or default of another person and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.10Nothing in this section is to be taken as authorising the creation of a nuisance or of a danger to users of a highway or as imposing on a highway authority by whom a permission has been granted under this section any liability for any injury, damage or loss resulting from the presence on a highway of the skip to which the permission relates.11In this section , section 140 and section 140A below—“builder’s skip” means a container designed to be carried on a road vehicle and to be placed on a highway or other land for the storage of builders’ materials, or for the removal and disposal of builders’ rubble, waste, household and other rubbish or earth; and“owner”, in relation to a builder’s skip which is the subject of a hiring agreement, being an agreement for a hiring of not less than one month, or a hire purchase agreement, means the person in possession of the skip under that agreement.S. 139: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1Words in s. 139(11) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part I, para1; S.I. 1992/2984, art. 2(2), Sch. 2.S. 139(2)(e) modified (18.12.2013 ss. 1(3), 3) by London Local Authorities and Transport for London Act 2013 (c. v), s. 10S. 139(3)-(7) ceases to have effect in part (18.12.2013 ss. 1(3), 3) by virtue of London Local Authorities and Transport for London Act 2013 (c. v), s. 9(9)Words inserted by Transport Act 1982 (c. 49, SIF 107:1), s. 65Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46