110 Prohibition of unauthorised road works.S
(1)It is an offence for a person other than the road works authority—
(a)to place apparatus in a road, or
(b)to break up or open a road, or a sewer, drain or tunnel under it, or to tunnel or bore under a road, for the purpose of placing, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or of changing the position of apparatus or removing it,
otherwise than in pursuance of a statutory right or in accordance with a permission granted under section 109.
(2)A person committing an offence under this section is liable on summary conviction to a fine not exceeding [F1level 5] on the standard scale.
(3)This section does not apply to—
(a)works for which consent or permission has been given under the Roads (Scotland) Act 1984 by a roads authority,
(b)works for road purposes, or
(c)emergency works of any description.
(4)If a person commits an offence under this section, the road works authority may—
(a)in the case of an offence under subsection (1)(a), direct him to remove the apparatus in respect of which the offence was committed, and
(b)in any case, direct him to take such steps as appear to them necessary to reinstate the road or any sewer, drain or tunnel under it.
If he fails to comply with the direction, the authority may remove the apparatus or, as the case may be, carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.
Textual Amendments
F1Words in s. 110(2) substituted (1.4.2008) by Transport (Scotland) Act 2005 (asp 12), s. 54(2), sch. 3; S.S.I. 2008/15, art. 2(2), sch. 1