Highways Act 1980 – Extracts of Sections 139 and 140 Section 139(1)
Highways Act (1) A builder’s skip shall not be deposited on a highway without the permission of the highway authority for the highway.
Highways Act (2) Permission under this section shall be a permission for the person to whom it is granted to deposit, or cause to be deposited, a skip on the highway specified in the permission either unconditionally or subject to such conditions as may be specified in the permission including, in particular, conditions relating to – (a) the siting of the skip;(b) its dimensions;(c) the manner in which it is to be coated with paint or other material for the purpose of making it immediately visible to oncoming traffic;(d) the care and disposal of its contents;(e) the manner in which it is to be lighted or guarded;(f) its removal at the end of the period of permission.
Highways Act (3) If a builder’s skip is deposited on a highway without permission granted under this section, the owner of the skip shall, subject to sub-section (6) below, be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
Highways Act (4) Where a builder’s skip has been deposited on a highway in accordance with a permission granted under this section, the owner of the skip shall secure – (a) that the skip is properly lighted during the hours of darkness and, where Regulations made by the Secretary of State under the Section require it to be marked in accordance with the Regulations (whether the reflecting or fluorescent materials or otherwise), that it is so marked;(b) that the skip is clearly and indelibly marked with the owner’s name and with his telephone number or address;(c) that the skip is removed as soon as practicable after it has been filled;(d) that each of the conditions subject to which the permission was granted is complied with, and if he fails to do so, he shall; subject to sub-section (6), be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
Highways Act (10) Nothing in this section shall be taken as authorising the creation of a nuisance or of a danger to users of a highway or as imposing on a highway authority by whom permission has been granted under this section any liability for any injury, damage or loss resulting from the presence on a highway of the skip to which the permission relates.
Highways Act (11) In this and the next following section – “builder’s skip” means a container designed to be carried on a road vehicle and to be placed on a highway or other land for the storage of builder’s materials, or for the removal and disposal of builder’s rubble, waste household and other rubbish or earth; and “owner”, in relation to a builder’s slip which is the subject of a hiring agreement, being an agreement for a hiring or not less than one month, or a hire purchase agreement, means the person in possession of the skip under that agreement.
(1)The highway authority for the highway or a constable in uniform may require the owner of the skip to remove or reposition it or cause it to be removed or repositioned.
(2) A person required to remove or reposition, or causes to be removed or repositioned, a skip under a requirement made by virtue of sub-section.
(3) above shall comply with the requirement as soon as practicable, and if he fails to do so he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.
(4) The highway authority for the highway or a constable in uniform may themselves remove or reposition the skip or cause it to be removed or repositioned. (B) Conditions of consent to the deposit in a street of containers for the reception of building materials, rubbish or other things.
(5) No container shall exceed the dimensions specified by the Council in its consent or otherwise exceed 2 metres in width.
(6) No container shall be placed in a street except in such position as shall be prescribed by the Council in its consent, or otherwise in such positions as not to obstruct or interfere with the means of drainage of the street, or with the apparatus of any statutory undertaker, and any person placing a container in a street shall comply with all reasonable directions of the Director of Technical Services with regard thereto.
(7) A person placing a container in a street shall cause the same to be properly fenced, and during the hours of darkness to be properly lighted.
(8) A person placing a container in a street shall not allow the same to remain in such street longer than is necessary and in any event, shall remove the same if so required by the Council acting through is Director of Technical Services or otherwise immediately at the expiration of such period as may be prescribed by the Council in its consent.
(9) No building materials, rubbish or other things shall be deposited in the street, otherwise than in the container and all spillage from the container shall be promptly removed on removal of the container, the site thereof shall be left in a clean and tidy condition. In no circumstances must the materials be thrown across the footway from premises abutting the highway.
(10) A person placing a container in a street shall be responsible for the removal and proper disposal of all matter placed therein, whether by such person or any other person with or without authority.
(11) No container shall be used for the deposit of inflammable, explosive, putrescible, noxious or offensive matter.
(12) Nothing in these conditions shall be deemed to affect or lessen the powers of the Police to require the immediate removal of a container which has become an obstruction to the highway by reason of heavy or abnormal traffic, special event or emergency, or for any other lawful reason.
(13) For the purpose of these conditions, the expression “a person placing a container in a street” shall also include in the case of a hire container, the hirer or otherwise the persons having control of the building materials, rubbish or other things placed in or intended to be placed in the container.