Introduction
Roads and pavements are a top priority for residents and in September 2017, Cabinet adopted a new Highway Asset Management Plan 2017 - 2032 (HAMP), setting out the Authority’s approach to maintaining North Tyneside’s highways and responding to the Elected Mayor and Cabinet’s policy direction.
Section 41 of the Highways Act 1980 places a statutory duty on all Highway Authorities (HAs) to maintain the adopted highway network under their control.
A failure to maintain the highway may result in a breach of Section 41 of the Highways Act. North Tyneside Council (hereafter referred to as the Authority) therefore needs to be satisfied that it has taken all reasonable measures to keep the highway in a safe and serviceable condition. This is usually proven by the Authority having a reasonable system of routine scheduled highway safety inspections in place.
With this in mind, the Authority, to comply with its duty as a highway authority, shall implement and carry out highway safety inspections in accordance with this Policy. This shall be in order to provide a legal defence by virtue of Section 58 of the Highways Act 1980 in the event of a public liability claim being made against the Authority.