HC Deb 05 November 1987 vol 121 c803W
Mr. Moate

asked the Secretary of State for Transport what are the current regulations regarding proper lighting on skips left on the public highway; who is responsible for ensuring the adequacy of such lighting; and if he has any plans to alter the present arrangements.

Mr. Peter Bottomley

Section 139 of the Highways Act 1980 requires the owner of a skip deposited on the highway to ensure that the skip is properly lighted during the hours of darkness. The highway authority may impose conditions as to the manner in which the skip is to be lighted or guarded when granting permission for it to be deposited on the highway. Responsibility for ensuring that the skip is lit in accordance with any conditions imposed rests on the owner. It is a defence against a charge in respect of a lighting offence to prove that the offence was due to the act or default of another person and that the owner took all reasonable precautions to avoid the commission of the offence. In addition to lighting, the Builders Skips (Markings) Regulations 1984 require the owner of the skip to fit red and yellow fluorescent and reflective markings to the ends of the skip. There are no plans to alter the present arrangements.