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Works in the Highway - legal aspects
Section 175A of the Highways Act 1980 was inserted following the enactment
of the Disabled Persons Act 1981 and can be summarised as follows:
(a) Authorities and persons exercising a statutory power to execute works on the street, shall have regard to:
(i) the needs of disabled people and blind people whose mobility may be impeded by the works; and,
(ii) without prejudice to the generality of paragraph (i) above the needs of blind people to have any openings, whether temporary or permanent, in the street properly protected.
(b) An Authority or person mentioned in sub-section (a) above, shall have regard to the needs of disabled people and blind people when placing lamp-posts, bollards, traffic signs, apparatus, or other permanent obstructions in the street.
(c) A Highway Authority shall have regard to the needs of disabled people when considering the desirability of providing ramps at appropriate places between carriageways and footways.
(d) Section 28 of the Chronically Sick and Disabled Persons Act, 1970 (power to define certain expressions for the purposes of provisions of that Act), shall have effect as if any reference in it to a provision of that Act included a reference to this section.
Also, Chapter 8 of the Traffic Signs Manual sets out standards to be observed
when working in the highway. In many cases this will be a contractual requirement.
Public utilities and their contractors must also, under Section 65 of the New
Roads and Streetworks Act 1991, comply with the associated Code of Practice
called Safety at Street Works and Road Works.
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