Highway Maintenance

Unauthorised Signs on the Highway

1. Introduction

1.1 It is necessary to place signs on the highway to give information and direction to the road user in the interests of road safety and mobility.  These signs, for highway purposes are placed under statutory powers granted to the Highway Authority and regulations are in place in relation to the type and positioning of these signs.

2. Relevant Legislation

2.1 Non-Highway related signs may be placed on the highway under licence by the local authority but these require the consent of the Highway Authority.  The Highway Authority or its Agent have the common law right and powers under Section 132 of the Highways Act 1980 to remove any unauthorised signs from the public highway if they are considered to be a potential hazard to highway users, a hazardous distraction or are obstructing the highway or visibility.  The Highway Authority has powers under the Highways Act 1980 to prosecute offenders.

3. Policy

3.1 The Highway Authority has no power to authorise any signs placed on the highway other than for highway purposes and shall invoke its powers under section 132, 137 and 143 of the Highways Act 1980 to remove unauthorised signs.

3.2 The Local authority (District Council) may use its own powers to licence goods and signs on the highway and seek the consent of the Highway Authority.

Version No:   1.0

Effective:   From - 01/07/2005

If copied or printed, this document should be treated as uncontrolled and correct only at the date it was copied or printed.