Part II

Public rights of way and road traffic

Removal of obstructions from highways

Power to order offender to remove obstruction.
64
1
After section 137 of the 1980 Act (penalty for wilful obstruction) there is inserted—

Power to order offender to remove obstruction.
137ZA
1
Where a person is convicted of an offence under section 137 above in respect of the obstruction of a highway and it appears to the court that—
a
the obstruction is continuing, and
b
it is in that person’s power to remove the cause of the obstruction,
the court may, in addition to or instead of imposing any punishment, order him to take, within such reasonable period as may be fixed by the order, such steps as may be specified in the order for removing the cause of the obstruction.
2
The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.
3
If a person fails without reasonable excuse to comply with an order under subsection (1) above, he is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding one-twentieth of that level for each day on which the offence is so continued.
4
Where, after a person is convicted of an offence under subsection (3) above, the highway authority for the highway concerned exercise any power to remove the cause of the obstruction, they may recover from that person the amount of any expenses reasonably incurred by them in, or in connection with, doing so.
5
A person against whom an order is made under subsection (1) above is not liable under section 137 above in respect of the obstruction concerned—
a
during the period fixed under that subsection or any extension under subsection (2) above, or
b
during any period fixed under section 311(1) below by a court before whom he is convicted of an offence under subsection (3) above in respect of the order.
2
Subsection (1) does not have effect in relation to any offence under section 137 of the 1980 Act committed before the commencement of this section.