Courts of Summary Jurisdiction
| Date | 01 October 1967 |
| DOI | 10.1177/002201836703100401 |
| Published date | 01 October 1967 |
| Subject Matter | Article |
The
Journal
of
Criminal Law
VOL.
XXXI.
NO.4
OCTOBER-DECEMBER
1967
Courts of Summary Jurisdiction
OBSTRUCTIONS ON
THE
HIGHWAY
EVEN
the
casual observer of
the
London scene must notice
the
increasing use of metal hoppers or 'skips' by build-
ing contractors for
the
removal of rubble and other materials
from building sites in and around
the
Metropolis.
These
hoppers are like stubby flat-bottomed barges which are
designed to be winched on to carrier vehicles equipped
with
lifting cranes, which vehicles can efficiently transport
the
waste
material to suitable tips. Hoppers measure approximately
9 feet by 5 feet by 4 feet 6 inches high.
When
deposited off
the
highway these hoppers provide,
no doubt, an excellent service to
the
community. Deposited
on
the
highway, however, they are an obstruction to traffic
and
may be a danger to road users, particularly at night where
insufficient steps are taken to mark their presence.
It
would
appear
that
the
Police have very limited powers to deal with
hoppers left on
the
highway.
Under
s, 121 of
the
Highways
Act, 1959, if a person without lawful authority or excuse in any
way wilfully obstructs
the
free passage along a
hi~hway,
he
shall be guilty of
an
offence and shall be liable
in
respect
thereof to a fine
not
exceeding 40 shillings.
Under
s, 127,
if
without lawful authority or excuse a person deposits any
'thing' whatsoever on a highway to
the
interruption of any
users of
the
highway, he shall be guilty of an offence and liable
in respect thereof to a fine not exceeding 40 shillings.
Under
s. 140,
if
aperson without lawful authority or
excuse deposits any 'thing' whatsoever on a highway in conse-
quence whereofauser of
the
highway is injured or endangered,
that
person shall be guilty of an offence and liable to a fine not
exceeding 40 shillings.
Under
s. 146 of
the
Highways Act,
it is an offence to leave building materials or other items
in
a
road without proper lighting. Process for an offence
under
225
l-CL
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