HC Deb 17 October 1950 vol 478 cc1952-5
Mr. Higgs

I beg to move, in page 39, line 1, to leave out subsections (2) and (3).

This is an interesting little sidelight on the Bill. The proposal contained in this subsection is, in effect, that if some undertaker carries out such works on a main road that the whole road has to be closed and traffic has to find its way round by side roads, the undertakers whose works have caused that main road to be closed should be responsible for strengthening the latter road in so far as strengthening is done with a view to, and is necessary for, the traffic in question and the making good of any damage to it.

We have to imagine that a length of main road is blocked up and that main road traffic has to find its way round, heavy vehicles being involved. It seems unfair that the undertakers, or whoever is digging up the main road, should be made responsible if a heavy vehicle is diverted to a particular lane, one of many which may be available, and breaks through a bridge because the vehicle is too heavy. The liability may go a great deal further than is fair, and the undertakers responsible for the work on the main road may find their responsibilities stretching far and wide into the country on either side. Therefore, if some such provision as this is to be inserted to protect the highway authority from having to do extensive repairs to side lanes which are damaged, we should at least recast the subsection in such a way that they share the responsibility for directing traffic as to which lanes it is to use so as to keep the possible damage to minor roads to a minimum.

Mr. Barnes

If I followed the argument of the hon. Member for Bromsgrove (Mr. Higgs) correctly, he did not dispute the principle that if traffic is diverted through the work of any undertaker, that undertaker should meet the cost of any highway expenditure thereby incurred. The hon. Member's main anxiety appeared to be that it should be reasonable and should not be increased by the carelessness or indifference of the highway or traffic authorities as to the type, weight and load of the traffic that might move over a thoroughly unsuitable road.

While I am unable to accept the Amendment because it would upset a carefully-negotiated arrangement between the highway authorities and the undertakers, this is a problem which departmentally we keep strictly under review. Whenever there is a diversion, particular care is exercised to see that the county highway authorities or the local highway authorities and my own departmental engineers, in consultation with the police and with the motoring associations, cover any diversion of traffic, whether for that or for any other purpose. We do this most carefully because we have the major interest in not damaging the structure or surface of the roads.

While I ask the hon. Member not to press his Amendment, I do not want him to think that it is because I am indifferent to the purpose he has in mind. On the contrary, I am keenly interested in that aspect of the problem, and departmentally we keep in touch in every way with the highway authorities to safeguard the matter. All highway authorities, particlarly the central Department, are so impressed at the moment with the general inadequacy of our road system for modern transport that we should be the last to see that roads were broken up through negligence, whether the cost fell on the undertaker or on anybody else. So I hope the hon. Member will accept that general assurance.

Mr. Higgs

I cannot resist that full assurance and therefore I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Mr. Barnes

I beg to move, in page 39, line 17, to leave out from "subsection," to the end of the Clause, and to insert: the order of classification of roads, from higher to lower, shall be taken to be the following, that is to say, trunk roads, classified roads (in the order of the Classes I, II and III respectively subsisting at the passing of this Act, or, if other classes are constituted thereafter, in such order as the Minister may declare), and roads being neither trunk roads nor classified roads. This Amendment is designed to meet the request of the County Councils Association for a wider classification of roads and also to meet any adjustment which the Ministry of Transport may make from time to time in the number of classified roads. The existing five classifications are established, and the County Councils Association wished the matter to be left open so that if at any time in their negotiations with my Department another classification should be added, it would be covered by the Clause.

Amendment agreed to.

Mr. Barnes

I beg to move, in page 39, line 21, at the end, to add: (4) This section shall come into operation at the expiration of six months from the passing of this Act. Whilst this is in essence a drafting Amendment, it deals with the question of the six months' period.

Amendment agreed to.

Clause, as amended, ordered to stand part of the Bill.