The Board received a report of the Strategic Director – Enterprise, Community and Resources, which presented a revised Highway Safety Inspection Policy and requested its adoption.
Members were advised that the revised policy was based on the Liverpool City Region Highway Safety Inspection Framework that was drafted in accordance with the recommendation set out in the Well Managed Highway Infrastructure Code of Practice 2016, relevant to highway safety inspections. This introduced a move to a risk based approach with regard to safe use of the highway.
It was noted that Section 41 of the Highways Act 1980, placed a statutory duty on all Highway Authorities to maintain the highway network under their control; for there to be a breach of Section 41, there must have been a failure to maintain or a failure to repair the highway.
Members were advised of a collaboration of local authorities, as listed in the report, who had contributed to this framework of principles in order to provide a regionally consistent special defence by virtue of Section 58 of the Highways Act 1980, in an action against the Council for an alleged breach of Section 41. Appended to the report at Appendix A was the Highway Safety Inspection Policy and Guidance and B, the Inspection Areas and Frequencies.
RESOLVED: That the Board approved the revised Highways Safety Inspection Policy (Appendix A) and the schedule of inspection areas and frequencies (Appendix B).