41 Duty to maintain highways maintainable at public expense

Maintenance of highways maintainable at public expense

41  Duty to maintain highways maintainable at public expense

(1)     The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.

[(1A)     In particular, a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.]

(2)     An order made by the Minister under section 10 above directing that a highway proposed to be constructed by him

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