Roads and pavements - enforcement
Last updated | 19/05/2008
It is our duty as Roads Authority to assert and protect the rights of the public to use and enjoy the roads, pavements and cycleways that we are responsible for maintaining. Sometimes we have to use out powers of enforcement to achieve this.
This is a very far reaching and complicated duty and will include such things as:
- Ensuring that there are no illegal obstructions or encroachments onto the road.
- Ensuring that the road is not dug up without our permission, thus minimising delay or disruption to traffic or damage to the roads.
- Ensuring that anything legally placed on the road, such as skips or scaffolding, os done so safely and in accordance with the appropriate precautions.
- Ensuring that no-one deposits anything on a road that could be a danger to road users.
Most of the powers of enforcement that we are allowed to use come from the Roads (Scotland) Act 1984 but there are many other Acts of Parliament that also give us powers or lay down how we have to carry out our duties.
For example the New Roads and Street Works Act 1991 governs digging in the road by utility companies (the companies who supply your gas, water, telephone and electricity). This Act ensures that all work is notified to the council and is completed to a national specification for reinstatement of the road. It also covers the co-ordination of the work with other works in the area wherever practical, and the length of time that the work should take.
The Road Traffic Regulations Act 1984 allows us to make orders to control how the roads are used (e.g. weight restrictions or speed limits).
Given the complexity of Road Law it is not possible to give full details of our powers of enforcement.
We try to manage enforcement in as fair a way as possible and will only use out full powers after all other methods have been exhausted. If a complaint is received we will generally contact the owner and request that action is taken to deal with the problem within a stated time limit. If no action is taken the council can pursue the matter formally and, if the owner still fails to take action, in most cases the Council has the authority to carry out the necessary work and recharge the costs to the offending owner.
Road Obstructions
It is an offence to place something on a road, except with the permission of the roads authority. Where an obstruction has been placed without permission, the council can require the person to remove it. In extreme cases, the council can remove the obstruction and recharge the costs to the person responsible.
Overhanging Vegetation
Any vegetation that overhangs a public road is the responsibility of the owner of the premises from which the vegetation originates. If any such vegetation is causing a problem we can contact the owner of the vegetation informing them of the problem and asking them to remove the vegetation.
