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Highways - Law Dictionary Search Results

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Approach

Approach, in relation to a bridge or tunnel, means the highway giving access to it, that is the surface of the highway together with any embankment, retaining wall or other work or substance supporting or protecting surface, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 770, p. 564.In relation to a bridge, means approaches for the maintenance of which the owners of the bridge are responsible and which connect the bridge to the highway maintainable at the public expenses, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 780, Note 6, p. 570....


cloverleaf

a highway interchange between two roads in which the connecting road pattern resembles a four leaf clover and which allows moving from one road to another without left hand turns One road passes over the other and the exit from one highway and entrance into the second highway proceeds from the right hand lane in all directions...


Road, Rule of the

Road, Rule of the, the old common law rule, in riding or driving, to keep on the left side (sometimes called the near side) when meeting, and on the right when passing-a departure from which rule is punishable by s. 78 of the Highways Act, 1835, and also by Motor Vehicles (Construction and Use) Regulations, 1931, S.R. & O. 1931, No. 4. See HIGHWAYS....


Highway

Highway, means a National Highway declared as such under s. 2 of the National Highway Act, 1956 (48 of 1956) and includes any Expressway or Express Highway vested in the Central Government, whether surfaced or unsurfaced, and also includes:(i) all lands appurtenant to the Highway, whether demarcated or not, acquired for the purpose of the Highway or transferred for such purpose by the State Government to the Central Government;(ii) all bridges, culverts, tunnels, causeways, carriageways and other structures constructed on or across such Highway; and(iii) all trees, railings, fences, posts, paths, signs, signals, kilometre stone and other Highway accessories and materials on such Highways. [Control of National Highways (Land and Traffic) Act, 2002 (13 of 2003), s. 2(e)]1. Broadly, any main route on land, on water, or in air2. Jain Public road connecting towns or cities, Black's Law Dictionary, 7th Edn., p. 734....


Snow

Snow. Nuisances arising from snow may be pre-vented by bye-laws of local authorities under s. 81 of the (English) Public Health Act, 1936, but, in case of conflict, a regulation under the London Traffic Act, 1924, s. 10, is to prevail over any bye-law. If any obstruction shall arise in any highway from accumulation of snow, the surveyor is required from time to time, and within twenty-four hours after notice thereof from any justice of the peace of the county in which the parish may be situate, to cause the same to be removed, by s. 26 of the (English) Highways Act, 1835: Chitty's Statutes, tit. 'Highways.' Snow is included in the 'street refuse' which London sanitary authorities must, as far as reasonably practicable, remove from the street, by s. 86 of the (English) Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 50); Chitty's Statutes, tit. 'Public Health (Metropolis)'; but the fine up to 20l. was held to be the only liability o the authority if in default, Saunders v. Ho...


Building owner

Building owner, in relation to a existing walkway means the person (other than the highway authority) who would have been entitled to enter into the walkway agreement had the walkway not previously been created, and in relation to a proposed walkway means the person (other than the highway authority) who has entered or proposes to enter into a walkway agreement, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 321, p. 237....


Ad medium filum vi' (aqu')

Ad medium filum vi' (aqu') [filum, a thread, Lat.], an imaginary line in the centre of a road or river. The soil of a highway, and the bed of a non-tidal river, are presumed to belong to the owners of the adjacent lands usque ad medium filum vi', or aqu'; and accordingly where in a conveyance of land it is said to be bounded by a highway or a river, half of the road or half of the bed of the river passes to the grantee, unless a contrary intention is shown; see Micklethwait v. Newlay Bridge Co., (1886) 33 CD 133, and City of London Land Tax Commissioners v. Central London Railway, 1913 AC 364. The presumption does not apply to a railway that is a boundary, Thompson v. Hickman, (1907) 1 Ch 550....


Roadside

Land adjoining a road or highway the part of a road or highway that borders the traveled part Also used ajectively...


By way open to all traffic

By way open to all traffic, requires evidence of current vehicular use, that this section requires the combined pedestrian and equestrian use of the route to outweigh the vehicular use, but does not require that there should be both pedestrian and equestrian use, but that, although there was evidence of the requisite current use of the route, Buckland v. Secretary of State for the Environment and Transport and the Regions, (2000) 1 WLR 1449 (QB).By way open to all traffic, is a highway over which the public had a right of way for vehicular and all other kinds of traffic, but which was used by the public mainly for the purposes for which footpaths and bridleways were so used, Masters v. Secretary of State for the Environment Transport and the Regions, (2000) 3 WLR 1894 (CA).Means a highway over which the public has right of way for vehicular and all other kinds of traffic, but which is used mainly for the purpose for which footpaths and bridle ways are so used, Halsbury's Laws of Englan...


Construction equipment vehicle

Construction equipment vehicle, means rubber tyred, (including pneumatic tyred), rubber padded or steel drum wheel mounted, self-propelled, excavator, loader, backhoe, compactor roller, dumper, motor grader, mobile crane, dozer, fork lift truck, self-loading concrete mixer or any other construction equipment vehicle or combination thereof designed for off-highway operations in mining, industrial undertaking, irrigation and general construction but modified and manufactured with 'on or off' or 'on and off' highway capabilities. [The Central Motor Vehicles Rules, 1989, s. 2 (ca)]...



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