RouterNinja's Dojo

A stroll down the path of Nerdlighenment.

Wigan Council Section 38 Agreement

With respect to the first argument (that Abram does not have its motorway authority), the Commission encountered the problem that this argument was rejected in letter 18 of Sedley LJ`s judgment at Gulliksen/Pembrokeshire County Council [2003] QB 123, where it stated that a Council was a “one-storey enterprise”. In other words, if it has a function of motorway authority, when it builds a highway, it is a motorway authority that builds the highway, regardless of the “hat” it wears (i.e. the function it performs). Please provide a list of all current 38-Highway section agreements. By the agreements in force, I mean if the road has not been formally adopted, but is covered by an S38. The fundamental message is that the Highways Act 1980 s.36 (2) (a) does what is written on the box: a highway built by a highway authority is accessible at public expense (“hm@pe”). The crucial questions are in all cases (a) was a highway at the time of the accident?; and b) was it built by a motorway authority? It doesn`t matter when it was built, or what the highway service planned when it built it. It does not matter whether it was built by a council that performs a motorway function (unlike any other function). If it is a highway and it was built by a motorway authority, it is hm@pe and an obligation is due under the Highway Act 1980.

The danger that the case highlights for the motorway authorities is that there could be motorways built by them or their predecessors, who did not carry them out, are motorways (and therefore hm@pe). Note that the relevant part of the law s.36 (2) (a) (highway built by a motorway authority) is. If it was created by someone else, it cannot enter this subsection. In this case, it is not said that the paths in the parks are hm@pe. All he is saying is that if a road in a park is a highway, if it was built by a highway service, it is hm@pe, no matter when it was built and there was an intention to devote itself from the beginning. Keep in mind the first important point for motorway councils/authorities: roads through parks are not necessarily highways. The Council stated that the road was a highway. The issue was not properly addressed in this case, with both parties merely working on the basis of this litigation.

December 21, 2020 - Posted by | Uncategorized

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