Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Admin  
#1 Posted : 14 August 2001 10:22:00(UTC)
Rank: Guest
Admin

Posted By Richard In Cutter v Eagle Star, Nov 1996 it was held that roads on industrial estates etc are public roadways. Can anybody tell me if this was an English or Scottish Court? Thanks Richard
Admin  
#2 Posted : 14 August 2001 11:50:00(UTC)
Rank: Guest
Admin

Posted By Robert K Lewis It was an English case reported from C of A on 3 december 1996 in Times. It concerns the definition of a road. I understand Scottish law takes the same base definitions except the use of the term streets is more common. Also don't forget the is a subtle difference between a Public Highway, ie. one adopted by a relevant Highways authority, and a road to which the public has access. Both are policed and subject to motoring legislation whereas the former is subject additionally to New Road & Streetworks Act and associated codes for work, plus other requirements. Bob
Admin  
#3 Posted : 14 August 2001 12:08:00(UTC)
Rank: Guest
Admin

Posted By Richard Bob Thanks for your prompt and comprehensive reply. There are no major issues depending on this, just something I needed to clarify. I have no reason to suppose Scots law will be any different. In fact, in my experience many English precedents are accepted, and then applied even more strictly, particularly in the H&S field! Richard
Admin  
#4 Posted : 14 August 2001 19:29:00(UTC)
Rank: Guest
Admin

Posted By Stuart Nagle Just for information... The definition of a 'Public Highway' is; A way over which all persons have a right to pass and repass unhindered, subject to obstructions which are either natural or legal !! If anyone needs to find out which are public highways (adopted and maintainable at public expense) or bridleways, footways, footpaths, ect... The information can be obtained from their local Highway Authority (usually the local council), by requesting information contained for the 'locus in quo' as detailed within the 'Definitive Plan'. This is a legal record of all such classifications that the highway authority are required by law to maintain and which is accpetable in a court as evidience of the particular definition and category of road, path or way within the highway authorities area. Stuart Nagle
Users browsing this topic
Guest (2)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.