Section 41 Highways Act

Section 41 highways act 1980 practical law primary source 6 508 8103 approx.

Section 41 highways act. Suspension on conviction for certain offences section 41. The claimant must prove. The council defended the claim on the basis that it had complied with its winter service operational plan wsop.

The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty to maintain the highway. 1 subject to subsections 41 1 1 2 and 3 the drivers licence of a person who is convicted of an offence a under section 220 221 or 236 of the criminal code canada committed by means of a motor vehicle or a street car within the meaning of this act or a motorized snow vehicle within the meaning of the motorized snow vehicles act. Section 41 duty to maintain highways maintainable at public expense.

Snow and ice section 41 1a of the highways act states a highway authority are under a duty to ensure so far as is reasonably practicable that safe passage along a highway is not endangered by snow or ice. The claimant cyclist broke her leg when she fell from her mountain bike after it encountered a defect in the carriageway. Highways act 1980 section 41 is up to date with all changes known to be in force on or before 29 september 2020.

The claimant alleged breach of section 41 1 a of the highways act 1980 the act on the basis that the footway had not been gritted. Section 41 1 of the highways act 1980 provides as follows. Likely to use that part of the highway.

S 41 highways act 1980 liability was firmly denied for the following reasons. There are changes that may be brought into force at a future date. Mills v barnsley mbc 1992 piqr p291.

Such photographs were misleading given that some of them had been enlarged showing a larger defect and some photographs did not show a defect at all. Section 41 highways act 1980. Facts and evidence.