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Old 04 August 2003, 07:25 PM
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stevenuk300
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Can anyone please help me find any websites that will tell me what the definition of a highway is, and who owns the highway. I need to collect some information for my court case next week.

Thanks
Steven
Old 04 August 2003, 09:37 PM
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IanW
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If it is in relation to the road traffic act, then it is anywhere that the public have free access too IIRC.

e.g. Open car parks
Old 04 August 2003, 09:41 PM
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ajm
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unless of course someone damages your car in said open car park in which case is suddenly becomes a civil matter

(sorry, pet gripe!)
Old 05 August 2003, 01:38 PM
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stevenuk300
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Do you know where I can print off any information relating to this? I basically want to know what the highway is and who owns it. I want to see if DVLA have any authority.
Old 05 August 2003, 01:41 PM
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Badger Stuffer
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Ian.

That can't be right. I am sure there is a stupulation along the lines that it must be somewhere that leads to another place and which comes under the duresdiction(sp) of the road traffic act as a car park generally doesn't

Otherwise your driveway would be classed as a highway if it didn't have gates and then you would be subject to Road Tax even when parked on it.
Old 05 August 2003, 01:45 PM
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Jen
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Highway is owned by two separate bodies - Highways Agency owns trunk roads and motorways (they have a website) and the Highway Authorities are your local council who own everything the Highway's Agency don't ...if you see what I mean

By visiting either the Highways Agency website or your local councils Transport Plan you should be able to get proof about who owns what

...which excludes private roads of course
Old 05 August 2003, 01:47 PM
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Jen
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....oh, and the DVLA don't own any of the roads, however they have authority over any roads owned by teh two above bodies...if it's a problem like where the highways boundary ends then your local counil i.e. City or Borough Engineers Department should be able to help
Old 05 August 2003, 01:58 PM
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T.C
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Roads and Highways Generally are defined as:

Any highway and any other road to which the public has access and includes bridges over which a road passes (section 192 of the road traffic regulations act 1988).

However, on its own a Highway is defined as a road that is narrower than a "road" defined under the road traffic act and a full highway or cartway provides the public with right of way on foot, riding or accompanied by a beast of burden or with vehicles or cattle (Suffolk County Council v Mason 1979), the term Highway therfore includes public footpaths, public bridleways, public driftways, public carriageways and public footpaths.

Page 1/51 Wilkinsons Road Traffic Offences 19th edition.

Hope this helps.
Old 05 August 2003, 02:32 PM
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GreenMachine
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Bit of light bedtime reading eh TC?

Where can I get a copy?
Old 06 August 2003, 08:22 AM
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stevenuk300
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Thanks for the info.

Is this kept anywhere so I can print it off and bring it to court with me?
Old 06 August 2003, 11:23 AM
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IanW
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If your feeling flush, buy a copy of teh book.

A bargain at £285!

http://www.amazon.co.uk/exec/obidos/...143378-2200626
Old 06 August 2003, 11:53 AM
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Spoon
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Group buy on that fun book anybody?




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