Overview

This bill amends the Highways Act 1980, making it harder for highway authorities (like councils) to avoid responsibility for injuries or damage caused by poorly maintained roads. It does this by limiting the defenses they can use in court.

Description

The bill focuses on amending section 58 of the Highways Act 1980. Key changes include:

• Raising the Standard of Care: The bill replaces the current requirement for highway authorities to show they took "such care as in all the circumstances was reasonably required" with a stricter standard of "all possible steps." This means authorities will have to demonstrate they did everything possible to maintain road safety.
• Increased Transparency and Evidence: The bill introduces a requirement for highway authorities to provide all relevant evidence to claimants within 28 days of receiving a claim.
• Court Considerations: The bill mandates that courts, when considering a highway authority's defense, must specifically consider:
  • When the last full survey of the road was conducted (within the past six months).
  • The date of the last repair to that section of road.
  • The date of the last surface dressing.

Government Spending

The bill is unlikely to directly increase government spending. However, increased liability for highway authorities could indirectly lead to higher costs associated with road maintenance and legal fees. The exact financial impact is difficult to predict.

Groups Affected

• Highway Authorities (Councils): Will face increased responsibility and potential costs for road maintenance and legal challenges. They will need to improve their record-keeping and potentially increase spending on road maintenance to mitigate risk.
• Road Users (Individuals): May benefit from improved road safety and a more straightforward process for claiming compensation for injuries or damages caused by poor road conditions.
• Insurance Companies: May see increased claims related to road accidents and subsequent payouts.

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