Act of Parliament | |
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Long title | An Act to consolidate and amend the Laws relating to Highways in England. |
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Citation | 5 & 6 Will 4 c. 50 |
Territorial extent | England and Wales |
Dates | |
Royal assent | 31 August 1835 |
Commencement | 20 March 1836 |
Status: Partially repealed | |
Text of statute as originally enacted | |
Text of the Highway Act 1835 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The Highway Act 1835 [1] [2] (5 & 6 Will 4 c 50) is an Act of the Parliament of the United Kingdom. It was one of the Highway Acts 1835 to 1885. [3]
Most of the Act has been repealed; as of 2023, only 3 sections remain in force. [4]
The Highway Act 1835 placed highways under the direction of parish surveyors, and allowed them to pay for the costs involved by rates levied on the occupiers of land. The surveyor's duty is to keep the highways in repair, and if a highway is out of repair, the surveyor may be summoned before the courts and ordered to complete the repairs within a limited time. The surveyor is also charged with the removal of nuisances on the highway. A highway nuisance may be abated by any person, and may be made the subject of indictment at common law.
The board consists of representatives of the various parishes, called way wardens together with the justices for the county residing within the district. Salaries and similar expenses incurred by the board are charged on a district fund to which the several parishes contribute; but each parish remains separately responsible for the expenses of maintaining its own highways.
The amending acts, while not interfering with the operation of the principal act, authorize the creation of highway districts on a larger scale. The justices of a county may convert it or any portion of it into a highway district to be governed by a highway board, the powers and responsibilities of which will be the same as those of the parish surveyor under the former act.
The Highway Act 1835 specified as offences for which the driver of a carriage on the public highway might be punished by a fine, in addition to any civil action that might be brought against him:
Section 72 provides: "If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon."
This clause is referred to by the current Highway Code:
Rule 64: You MUST NOT cycle on a pavement. HA 1835 sect 72 & R(S)A sect 129 [6]
- Rule 145, 1988: "You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency."
(The offence of driving on a bridleway is covered by a later act)
- Rule 157, 1973: "[A non-road legal] vehicle MUST NOT be used on roads, pavements, footpaths or bridleways."
(The Department for Transport cited this section in 2006 when it ruled that Segways could not be legally used on pavements in the United Kingdom. [7] ) 1973
The Public Health Act 1875 vested the powers and duties of surveyors of highways and vestries in urban authorities,
The Local Government Act 1888 gave the responsibility of maintaining main roads to county councils.
A road is a linear way for the conveyance of traffic that mostly has an improved surface for use by vehicles and pedestrians. Unlike streets, the main function of roads is transportation.
Roman roads were physical infrastructure vital to the maintenance and development of the Roman state, and were built from about 300 BC through the expansion and consolidation of the Roman Republic and the Roman Empire. They provided efficient means for the overland movement of armies, officials, civilians, inland carriage of official communications, and trade goods. Roman roads were of several kinds, ranging from small local roads to broad, long-distance highways built to connect cities, major towns and military bases. These major roads were often stone-paved and metaled, cambered for drainage, and were flanked by footpaths, bridleways and drainage ditches. They were laid along accurately surveyed courses, and some were cut through hills, or conducted over rivers and ravines on bridgework. Sections could be supported over marshy ground on rafted or piled foundations.
Road transport or road transportation is a type of transport using roads. Transport on roads can be roughly grouped into the transportation of goods and transportation of people. In many countries licensing requirements and safety regulations ensure a separation of the two industries. Movement along roads may be by bike, automobile, bus, truck, or by animal such as horse or oxen. Standard networks of roads were adopted by Romans, Persians, Aztec, and other early empires, and may be regarded as a feature of empires. Cargo may be transported by trucking companies, while passengers may be transported via mass transit. Commonly defined features of modern roads include defined lanes and signage. Various classes of road exist, from two-lane local roads with at-grade intersections to controlled-access highways with all cross traffic grade-separated.
A sidewalk, pavement, footpath in Australia, India, New Zealand and Ireland, or footway, is a path along the side of a road. Usually constructed of concrete, pavers, brick, stone, or asphalt, it is designed for pedestrians. A sidewalk is normally higher than the roadway, and separated from it by a kerb. There may also be a planted strip between the sidewalk and the roadway and between the roadway and the adjacent land.
The Wildlife and Countryside Act 1981 is an Act of Parliament in the United Kingdom implemented to comply with European Council Directive 79/409/EEC on the conservation of wild birds. In short, the act gives protection to native species, controls the release of non-native species, enhances the protection of Sites of Special Scientific Interest and builds upon the rights of way rules in the National Parks and Access to the Countryside Act 1949. The Act is split into 4 parts covering 74 sections; it also includes 17 schedules.
In England and Wales, excluding the 12 Inner London boroughs and the City of London, the right of way is a legally protected right of the public to pass and re-pass on specific paths. The law in England and Wales differs from Scots law in that rights of way exist only where they are so designated, whereas in Scotland any route that meets certain conditions is defined as a right of way, and in addition, there is a general presumption of access to the countryside. Private rights of way or easements also exist.
Bicycle law in California is the parts of the California Vehicle Code that set out the law for persons cycling in California, and a subset of bicycle law in the United States. In general, pretty much all the same rights and responsibilities that apply to car drivers apply to bicycle riders as well.
A byway in the United Kingdom is a track, often rural, which is too minor to be called a road. These routes are often unsurfaced, typically having the appearance of 'green lanes'. Despite this, it is legal to drive any type of vehicle along certain byways, the same as any ordinary tarmac road.
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In United States law, reckless driving is a major moving violation that generally consists of driving a vehicle with willful or wanton disregard for the safety of persons or property. It is usually a more serious offense than careless driving, improper driving, or driving without due care and attention, and is often punishable by fines, imprisonment, or the suspension or revocation of one's driver's license. In Commonwealth countries, the offense of dangerous driving applies.
A packhorse, pack horse, or sumpter refers to a horse, mule, donkey, or pony used to carry goods on its back, usually in sidebags or panniers. Typically packhorses are used to cross difficult terrain, where the absence of roads prevents the use of wheeled vehicles. Use of packhorses dates from the neolithic period to the present day. Today, westernized nations primarily use packhorses for recreational pursuits, but they are still an important part of everyday transportation of goods throughout much of the developing world and have some military uses in rugged regions.
Red flag laws were laws in the United Kingdom and the United States enacted in the late 19th century, requiring drivers of early automobiles to take certain safety precautions, including waving a red flag in front of the vehicle as a warning.
Shoreham Tollbridge is a bridge crossing the River Adur in West Sussex, England. It is the last of its kind in Sussex and one of the last of its kind anywhere in the world.
Wilford Toll Bridge, locally referred to as the 'Halfpenny Bridge', is a tram, pedestrian and cycle bridge in Nottingham, England. It crosses the River Trent between the Meadows and Wilford. It originally opened as a toll bridge for general traffic in 1870, but was closed when declared unsafe in 1974. Following demolition of the central span, a narrower footbridge and cycleway was opened in 1980. The bridge was once again widened to accommodate an extension of the Nottingham Express Transit network in 2015.
Causing bodily harm by wanton or furious driving is a statutory offence in England and Wales and Northern Ireland. It has been abolished in the Republic of Ireland.
Mount Barker Road was once the main road from Adelaide through the Adelaide Hills to Mount Barker on the eastern slopes of the Mount Lofty Ranges. The main route has now been replaced, or subsumed into, the South Eastern Freeway, but two sections of it remain, and are still classified as state roads.
The Railways Act, 1989 is an Act of the Parliament of India which regulates all aspects of rail transport. The Act came into force in 1989, replacing the Railways Act of 1890. The Act provides in detail the legislative provisions regarding railway zones, construction and maintenance of works, passenger and employee services.
The Metropolitan Streets Act 1867 was an Act of the Parliament of the United Kingdom applying to the City of London and all places and parishes then within the jurisdiction of the Metropolitan Board of Works. Following public meetings and press criticism of the original Act's likely effect on street traders' livelihoods, the Metropolitan Streets Act Amendment Act 1867 was granted royal assent on 7 December the same year. No effects from either Act still remain outstanding.
football for the common man was being suppressed, notably by the 1835 Highways Act which forbade the playing of football on highways and public land - which is where most games took place
Under the Highway Act 1835 no-one may ride or drive on the footway. Certain vehicles used by disabled drivers are exempted from these requirements but only where they use Class 2 or Class 3 "invalid carriages". These vehicles are restricted to a speed of 4 mph on the footway and, apart from those involved in the demonstration, training or repair of these vehicles, the users must have a physical disability. Self-balancing scooters are not classified as "invalid carriages" so cannot be used on pavements.