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Don't skip permission

15th August 1975, Page 56
15th August 1975
Page 56
Page 56, 15th August 1975 — Don't skip permission
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Which of the following most accurately describes the problem?

by Les Oldridge, TEng (CEI), MIMI, AMIRTE SECTION 31(1) of the Highways Act 1971 reads: "A builder's skip shall not be deposited on a highway without the -permission of the highway authority for the highway."

It defines "builder's skip" as "a container designed to be carried on a road vehicle and to be plated on a highway or other land for the storage of builder's material, or for the removal and disposal of builder's rubble, waste, household and other rubbish or earth." The skip must be so constructed. that it can be carried on a road vehicle.

I have seen small two-wheeled :trailers used as skips and labelled "mini skips." However, in law, as they are not "carried on a road vehicle" but trailed -behind one, they do not come within the definition of a builder's skip. Consequently they do not receive the concessions contained in the Highways Act. When the trailer-type skip :is used the law respecting trailers must be complied with.

When permission is sought, from the highway authority to place a skip on the highway the authority may grant permission unconditionally or subject to specified conditions particularly conditions relating to the siting of the skip ; its dimensions; the manner in which it is coated with paint and other material for making it immediately visible to oncoming traffic; the care and disposal of its contents; the • manner in which it is lighted or guarded and its removal at the end of the period of permission.

Skips left on the highway in accordance with permission granted by the highway authority must :be properly lighted during the hours of darkness. The owner's name and address and telephone number must be clearly -and indelibly marked on them. Skips must be removed as soon as reasonably practicable after -they have been filled. It is the owner's responsibility to see that these conditions are .complied with, but where the commission of the offence is due to the act or default of some other person then that -person may be charged and • convicted of the offence. It is a defence if the offence was -caused by the act or default of some other person and that he, the defendant, took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or any person under his control. But he must serve a written notice on the prosecutor at least seven days before the hearing giving information which will identify or assist in identifying the person actually responsible for committing the offence. In other words if the owner of a skip has taken all reasonable precautions to see the law is complied with and he is prosecarted for an offence which he considers is someone else's fault be can bring this forward as a defence provided he has informed the prosecution in writing of his intended defence and the name of the person actually responsible at least seven days before the 'hearing.

Owner informed

The highway authority or a PC in uniform may require the owner of a skip to remove or reposition it, or they may themselves do this. If they do the -chief officer of police must inform the owner of its removal. If the owner of a skip cannot be traced, or if after a reasonable period of time be has not removed the skip then the police or the highway authority may dispose of it and its contents. Any expenses incurred in this connection may be recovered from the owner of the skip. Money obtained from its disposal can be used to defray the expenses af the removal, any surplus being returned to the owner. When he cannot be traced the surplus is paid into the police fund.

There is a maximum .fine of £100 for placing a skip on the highway without permission or for failing to comply with the .conditions laid down by the _highway authority. There is a maximum fine of £50 for failing to remove or reposition a skip when requested.

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