The Highway Act of 1959 provides, as to skips (bins or hoppers), that anyone who leaves anything in the highway that endangers a highway user will be guilty of an offence. There is a fine of 100 pounds sterling. A person, for instance a builder, may leave something in the street if he has the permission of the highway authority and if it is well marked and lighted. Not until 1969 were cases tested under this act. One involved a bin left well marked on a broad and lighted street and hit by a car. The court found that the bin did not constitute a hazard to traffic. Another case found that even if the bin is an obstruction, a negligent motorist cannot recover damages. Still other cases found both skip owner & driver contributorily negligent. A problem arises over whether the highway authority has to have given express authority for the bin to be left there or is the consent implicit because the contractor who owns the skip is doing work there. Sections 31 and 32 of the Highways Act 1971 defines clarifies and refines some of these points. The author concludes that if a contractor gets permission from the Highway Authority and uses adequate lighting for his bins, then we will save himself from the fine and complex legal proceedings.

  • Corporate Authors:

    Butterworth and Company Publishers Limited

    88 Kingsway
    London,   England 
  • Authors:
    • Poole, F T
  • Publication Date: 1974-11-21

Media Info

  • Pagination: p. 1073-76
  • Serial:
    • New Law Journal
    • Volume: 124
    • Issue Number: 5675
    • Publisher: Butterworth and Company Publishers Limited

Subject/Index Terms

Filing Info

  • Accession Number: 00097796
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Sep 10 1975 12:00AM