- Enforced by
- Local Authority, Planning Inspectorate, National Highways
- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 24 of 172 obligations carry a fine up to £1,000. 35 carry different penalties and 113 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 59 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Director or Officer — also bound by 429 other Acts
Trader — also bound by 825 other Acts
Operator — also bound by 746 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Highway Authorities and Agreements Between Authorities
3 of 9 sections shownOther duties (1) — Crown / regulator
- Local authorities and TfL must take over responsibility for former trunk roadsLocal authority
Other duties (1) — Crown / regulator
- National Highways and local authorities may agree to transfer road functionsStatutory regulator
Other duties (1) — Crown / regulator
- Councils must follow strict conditions when managing trunk roadsLocal authority
6 other sections in this Part — procedural and definitional
Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads
1 of 18 sections shownOther duties (1) — Crown / regulator
- Transport for London must maintain and share GLA road recordsStatutory regulator
17 other sections in this Part — procedural and definitional
Creation of Highways
5 of 13 sections shownOther duties (1) — Crown / regulator
- Local authorities must formalise and publicise new public path agreementsLocal authority
Other duties (1) — Crown / regulator
- Highway authority must certify and prepare new public pathsLocal authority
Other duties (1) — Crown / regulator
- Local Authority must compensate for losses from path creation ordersLocal authority
Other duties (1) — Crown / regulator
- Councils must consider farming and nature when creating public pathsLocal authority
Other duties (1) — Crown / regulator
- Local authorities must maintain a public register of highway declarationsLocal authority
8 other sections in this Part — procedural and definitional
Maintenance of Highways
2 of 26 sections shownOther duties (1) — Crown / regulator
- Highway authorities must maintain public roads and clear snow or iceLocal authority
- Fail to fence off or fill in highway authority excavationAny Person
- Unlawfully taking highway repair materialsAny Person
Fine up to £200
24 other sections in this Part — procedural and definitional
Improvement of Highways
9 of 57 sections shownOther duties (1) — Crown / regulator
- Highway authority must provide safety margins for horses and livestockLocal authority
- Build or excavate in breach of street widening improvement lineAny Person
- Unauthorised building or excavation near a street widening lineAny Person
Fine up to £200
- Build or excavate beyond a prescribed building lineAny Person
- Build too close to a prescribed building lineAny Person
Fine up to £200
- Fail to comply with obstruction‑to‑view noticeOccupier
Fine up to £200
Other duties (1) — Crown / regulator
- Highway authority must obtain consent before installing cattle-grids near bridgesLocal authority
Other duties (1) — Crown / regulator
- Highway authorities must consult and notify before installing road humpsLocal authority
- Interfere with highway drainage worksAny Person
- Interfering with highway drainage systemsAny Person
- Open up or keep open a filled-in roadside ditch without consentAny Person
- Unlawfully reopen a filled-in roadside ditchAny Person
Other duties (1) — Crown / regulator
- Highway authorities must provide flood depth markers where necessaryLocal authority
48 other sections in this Part — procedural and definitional
ENVIRONMENTAL IMPACT ASSESSMENTS
8 of 12 sections shownOther duties (1) — Crown / regulator
- Project authorities must publish screening decisions for highway projectsStatutory regulator
Other duties (1) — Crown / regulator
- Highway authorities must prepare and publish environmental statementsStatutory regulator
Other duties (1) — Crown / regulator
- National Highways must co-ordinate environmental and habitats assessmentsStatutory regulator
Other duties (1) — Crown / regulator
- National Highways or the Secretary of State must consult EEA States on projectsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- National Highways or local authorities must reach a conclusion on project impactsStatutory regulator
Other duties (1) — Crown / regulator
- National Highways must assess environmental impacts before proceedingStatutory regulator
Other duties (1) — Crown / regulator
- A project authority must decide on highway projects within a reasonable timeCrown / Minister / Government department
Other duties (1) — Crown / regulator
- National Highways or local authorities must publish project decisionsStatutory regulator
4 other sections in this Part — procedural and definitional
Construction of bridges over and tunnels under navigable waters and diversion etc. of watercourses
5 of 6 sections shownOther duties (1) — Crown / regulator
- Minister must consider navigation needs and include technical bridge/tunnel plansCrown / Minister / Government department
1 other section in this Part — procedural and definitional
Provision of Special Facilities for Highways
3 of 4 sections shownOther duties (1) — Crown / regulator
- Local authorities may manage picnic sites and facilities under agreementLocal authority
1 other section in this Part — procedural and definitional
Provision of Amenities on Certain Highways
2 of 10 sections shownOther duties (1) — Crown / regulator
- Council must provide public notice before permitting structures on highwaysLocal authority
Other duties (1) — Crown / regulator
- Councils must consult and obtain consent before modifying or using highwaysLocal authority
8 other sections in this Part — procedural and definitional
Restriction of rights over highway
7 of 7 sections shownamended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
amended 1 time
Stopping up and diversion of highways and stopping up of means of access to highways
24 of 29 sections shownamended 6 times
amended 6 times
amended 6 times
amended 6 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
amended 12 times
- Provide false information in public path order applicationsAny Person
Unlimited fine · amended 18 times
Other duties (1) — Crown / regulator
- Local authorities must maintain a public register of path ordersLocal authority
amended 18 times
amended 18 times
amended 18 times
Other duties (1) — Crown / regulator
- Secretary of State must determine appeals regarding path ordersCrown / Minister / Government department
amended 18 times
- Use an access point that has been legally closedAny Person
- Use a stopped-up accessAny Person
Fine up to £1,000
5 other sections in this Part — procedural and definitional
Lawful and Unlawful Interference With Highways and Streets
62 of 75 sections shownOther duties (1) — Crown / regulator
- Local authorities must protect public rights to use and enjoy highwaysLocal authority
amended 1 time
amended 1 time
- Serve notice of intent before apply for a public path obstruction orderAny Person
amended 1 time
amended 1 time
- Damage a public highway or traffic equipmentAny Person
- Damage or obstruct a highwayAny Person
Fine up to £1,000
- Disturb surface of footpath, bridleway or certain highwaysAny Person
- Unauthorised disturbance of the surface of public pathsAny Person
Fine up to £1,000
- Place unauthorised marks on a highwayAny Person
- Unauthorised marking or tagging of highways and structuresAny Person
Fine up to £2,500
- Fail to restore or mark a footpath after agricultural workOccupier
- Fail to restore ploughed footpath or bridlewayOccupier
Fine up to £1,000 · amended 1 time (opens in a new tab)
- Breach conditions for agricultural works on public pathsOccupier
- Fail to comply with conditions of footpath disturbance orderOccupier
Fine up to £1,000 · amended 5 times (opens in a new tab)
- Fail to comply with temporary diversion rules for footpaths or bridlewaysOccupier
- Improper temporary diversion of a public footpath or bridlewayOccupier
Fine up to £1,000 · amended 5 times
- Fail to repair or clear a path after temporary diversionAny Person
- Fail to restore footpath or bridleway after temporary diversionAny Person
Fine up to £1,000 · amended 5 times
- Fail to cut hedge or tree damaging highwayOccupier
- Fail to prune trees or hedges damaging a highwayOccupier
Fine up to £200
- Wilfully obstruct a highwayAny Person
51 weeks imprisonment · amended 3 times (opens in a new tab)
- Allow crops to obstruct a public footpath or bridlewayOccupier
- Fail to keep public rights of way clear of cropsOccupier
Fine up to £1,000 · amended 3 times
- Fail to comply with court order to remove highway obstructionAny Person
Unlimited fine · amended 3 times
- Erect building, fence or hedge on a carriagewayAny Person
Fine up to £1,000
- Deposit builders' skip on highway without permissionAny Person
- Unauthorised or unsafe placement of builders’ skips on a highwayAny Person
Fine up to £1,000 · amended 3 times (opens in a new tab)
- Fail to remove or reposition a builder’s skip when orderedAny Person
Fine up to £1,000 · amended 2 times (opens in a new tab)
- Pay charges for builder's skips occupying the highway for too longOperator
amended 2 times
amended 2 times
amended 2 times
- Fail to remove tree or shrub planted unlawfully near carriagewayOccupier
- Unauthorised planting of trees or shrubs near a roadOccupier
Fine up to £200 · amended 11 times (opens in a new tab)
- Interfere with or remove authorized highway structuresAny Person
- Interfere with or remove flagpoles, pylons or slots on a highwayAny Person
Fine up to £1,000 · amended 6 times (opens in a new tab)
- Fail to comply with notice to widen or remove narrow gate across highwayAny Person
- Failure to widen or remove narrow gates across highwaysAny Person
Fine up to £0
- Unauthorised or dangerous road-side sellingAny Person
Fine up to £1,000 · amended 8 times
amended 8 times
- Deposit things or pitch stalls on a highway without authorityAny Person
- Unlawfully deposit items or pitch stalls on a highwayAny Person
Fine up to £1,000
Other duties (1) — Crown / regulator
- Highway authorities must remove snow and soil obstructions from roadsLocal authority
- Fail to comply with notice to prevent soil washing onto streetOccupier
- Failure to prevent soil or waste from washing onto the streetOccupier
Fine up to £1,000 · amended 1 time (opens in a new tab)
- Fail to remove or alter building projection after noticeOccupier
- Failure to remove obstructions or projections from buildingsOccupier
Fine up to £200
- Fail to comply with notice to alter outward-opening door/gate/barOccupier
- Install doors or gates opening outwards onto a streetOccupier
Fine up to £200
- Allow animals to stray on a highwayAny Person
- Allow livestock to stray onto or lie on a highwayAny Person
Fine up to £1,000
- Cause danger, injury, or annoyance on public highwaysAny Person
- Deposit objects, light fires, discharge firearms, play games, or allow filth to flow on to a highwayAny Person
Fine up to £1,000
- Cause highway danger or injury by lighting fires near roadsAny Person
- Light a fire that endangers highway usersAny Person
Unlimited fine
- Place dangerous ropes or apparatus across a highwayAny Person
- Place rope or apparatus across highway causing dangerAny Person
Fine up to £1,000
- Fail to comply with notice to prevent water damage to highwayOccupier
- Fail to prevent water from your premises flowing onto the highwayOccupier
Fine up to £200
- Erect a retaining wall near a street without approvalAny Person
Fine up to £1,000 · amended 8 times (opens in a new tab)
- Cause accident from building operations near a streetAny Person
- Cause a safety risk to the public during building worksAny Person
Unlimited fine
- Erect or retain unauthorised scaffolding on a highwayAny Person
- Erect scaffolding on a highway without a license or safety measuresAny Person
Unlimited fine · amended 16 times (opens in a new tab)
- Improperly mixing or depositing mortar or cement on a highwayAny Person
- Mix or deposit mortar/cement on highway without proper protectionAny Person
Fine up to £2,500 · amended 6 times (opens in a new tab)
- Fail to safely manage building materials or excavations in streetsAny Person
- Unauthorised or unsafe deposits and excavations in the streetAny Person
Fine up to £10 · amended 2 times (opens in a new tab)
- Pay charges for occupying the highway beyond agreed durationsAny Person
amended 2 times
amended 2 times
amended 2 times
- Fail to erect or maintain safety hoardings during building workAny Person
- Fail to put up hoardings around building workAny Person
Fine up to £1,000 · amended 5 times (opens in a new tab)
- Fail to securely erect street hoardings or fencesAny Person
- Use hoarding not securely fixedAny Person
Fine up to £200 · amended 3 times (opens in a new tab)
- Ensure safety and protection when carrying out street worksAny Person
Fine up to £10 · amended 3 times (opens in a new tab)
- Leave dangerous materials on a highway at nightDirector or Officer
- Leave materials on highway overnight without precautionsAny Person
Fine up to £200
- Construct bridge over highway without licenceAny Person
- Constructing or maintaining a bridge over a highway without a valid licenceAny Person
Fine up to £500
- Obtain a licence before building over a public highwayAny Person
- Obtain consent before placing apparatus over a highwayAny Person
- Obtain consent before building cellars or vaults under a streetAny Person
- Make unauthorised cellar openings in a streetAny Person
- Unauthorised street openings or pavement worksAny Person
Fine up to £200 · amended 1 time (opens in a new tab)
- Breach of conditions for crossing a pavement or vergeAny Person
- Use footway or verge as vehicle crossing in breach of conditionsAny Person
Fine up to £1,000
13 other sections in this Part — procedural and definitional
New Streets
0 of 17 sections shown17 other sections in this Part — procedural and definitional
Making up of Private Streets
13 of 35 sections shown- Object to final street work chargesAny Person
Other duties (1) — Crown / regulator
- Street works authority must maintain separate accounts for private street worksLocal authority
- Erect building on private street without paying required street‑works contributionAny Person
Fine up to £1,000 · amended 10 times (opens in a new tab)
Other duties (1) — Crown / regulator
- Local Authority must issue notice for advance street works paymentsLocal authority
Other duties (1) — Crown / regulator
- Street works authority must pay compensation for damageLocal authority
- Do not transfer property to evade street works chargesAny Person
22 other sections in this Part — procedural and definitional
Acquisition, Vesting and Transfer of Land etc.
24 of 37 sections shownOther duties (1) — Crown / regulator
- Highway authority must pay for bridge works and related expensesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Local authorities must provide information when highways change statusLocal authority
amended 12 times
amended 12 times
Other duties (1) — Crown / regulator
- Secretary of State may transfer road property and liabilities by orderCrown / Minister / Government department
13 other sections in this Part — procedural and definitional
Financial Provisions
9 of 13 sections shownamended 1 time
Other duties (1) — Crown / regulator
- Local highway authorities must use specific recovered funds for capital projectsLocal authority
Other duties (1) — Crown / regulator
- Minister may certify trunk road instruments as exempt from stamp dutyCrown / Minister / Government department
4 other sections in this Part — procedural and definitional
Miscellaneous and Supplementary Provisions
34 of 68 sections shownamended 1 time
Other duties (1) — Crown / regulator
- Local authorities must respond to road improvement proposals in LondonLocal authority
- Unlawfully remove emergency street barriers or equipmentAny Person
- Wilfully remove a traffic barrier or socketAny Person
Fine up to £200 · amended 2 times (opens in a new tab)
- Disclose trade secrets from highway authority entryAny Person
- Obstructing highway powers of entry or interfering with equipmentAny Person
Unlimited fine
- Obstruct authorised officer surveying land for footpath ordersAny Person
- Obstructing legal entry to land for footpath surveysAny Person
Fine up to £1,000 · amended 2 times (opens in a new tab)
- Fail to provide land ownership details or give false informationOccupier
- Fail to provide or falsify land ownership informationOccupier
Unlimited fine
Other duties (1) — Crown / regulator
- District councils must provide highway information to county councilsLocal authority
- Obstruct execution of Highways ActAny Person
- Obstructing highway works or local authority officersAny Person
Fine up to £200
- Continue an offence after being convicted under the Highways ActAny Person
Unlimited fine · amended 1 time (opens in a new tab)
- Company and officers liable for highway offences committed with their consent or neglectDirector or Officer
- Corporate officer liability for Highways Act offencesDirector or Officer
amended 1 time
Other duties (1) — Crown / regulator
- Authorities must notify you of appeal rights and deadlinesLocal authority
Other duties (1) — Crown / regulator
- Authorities must implement court decisions following an appealLocal authority
- Use written format for all official highway notices and applicationsAny Person
34 other sections in this Part — procedural and definitional
Schedules
22 of 255 shownOther duties (1) — Crown / regulator
- Highway authority must consult and notify before installing cattle-gridsLocal authority
Other duties (1) — Crown / regulator
- Minister must publish notice and accept objections for highway ordersCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Publish notice of proposed highway scheme in local newspaper and London GazetteCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Minister or highway authority must serve scheme notices on councils and navigation bodiesCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Minister or highway authority must give extra publicity to highway proposalsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Secretary of State must publish notice of highway ordersCrown / Minister / Government department
- Publish notice when submitting an order under section 10Trader
Other duties (1) — Crown / regulator
- Highway authority must publish notice when submitting order for confirmationLocal authority
Other duties (1) — Crown / regulator
- Serve notice, draft order and relevant maps on affected personsCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Display stopping-up or diversion notices at the affected highwayCrown / Minister / Government department
Other duties (1) — Crown / regulator
- Authority must publish notice when a highway order comes into operationLocal authority
Other duties (1) — Crown / regulator
- District councils must maintain a public list of highways they manageLocal authority
Other duties (1) — Crown / regulator
- District council must notify county council before exercising highway powersLocal authority
Other duties (1) — Crown / regulator
- District councils must maintain and publish a list of highways under their powersLocal authority
Other duties (1) — Crown / regulator
- Authority must notify land owners and update plan when revoking a lineLocal authority
Other duties (1) — Crown / regulator
- Publish public notice and display plans before deciding on a cattle-grid or by-passLocal authority
Other duties (1) — Crown / regulator
- Local authority must give 28 days notice before applying for a highway orderLocal authority
Other duties (1) — Crown / regulator
- Applicant authority must publish notice of highway change 28 days before applicationLocal authority
- Commit a fixed-penalty highway offenceAny Person
- Fail to pay a fixed penalty for a highway offenceAny Person
- Misuse of grass verges or footways as vehicle crossingsAny Person
Fine up to £1,000
- Unauthorised use of grass verge or footway as crossingAny Person
Fine up to £20
233 other schedules
Help complying
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2 more guides that reference this instrument
Connected legislation
Instruments made under this Act. They carry the detail the Act delegates.
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.