Change 1 Article Choose an article Title and introductory text 1 Concession agreements. 2 Exercise of highway functions by concessionaire. 3 Provisions as to traffic regulation. 4 Leasing of land to concessionaire. 5 Transfer or termination of concession. 6 Toll orders. 7 The toll period. 8 Amount of tolls chargeable by concessionaire. 9 Amount of tolls chargeable by highway authority. 10 Application of enactments relating to monopolies, &c. 11 Variation or revocation of toll order. 12 Extension toll orders. 13 Further provisions as to charging of tolls. 14 Collection of tolls. 15 Refusal or failure to pay tolls. 16 Facilities for collection of tolls. 17 Restriction of access to toll roads. 18 Annual report on concession agreements and toll orders. 19 Environmental assessment of projects involving special roads. 20 Classification of traffic for purposes of special roads. 21 Certain special roads not necessarily trunk roads. 22 Adoption of privately constructed roads. 23 Execution of works by highway authority at expense of another. 24 Exercise of road traffic regulation powers. 25 Application of provisions of the Highways Act 1980, &c. 26 Interpretation. 27 Toll orders. 28 Assignation of rights under a toll order. 29 The toll period. 30 Extension toll orders. 31 Amount of tolls chargeable. 32 Toll order in respect of major crossings. 33 Application of enactments relating to monopolies, &c. 34 Variation or revocation of toll order. 35 Transfer or termination of assignation. 36 Further provision as to charging of tolls. 37 Collection of tolls. 38 Refusal or failure to pay tolls. 39 Facilities for collection of tolls. 40 Restriction of access to toll roads. 41 Report on toll roads and toll orders in Scotland. 42 Environmental assessment of projects involving special roads. 43 Provisions as to traffic regulation. 44 Exercise of road traffic regulation powers. 45 Classification of traffic for purposes of special roads. 46 Special roads not necessarily to be trunk roads. 47 The Roads (Scotland) Act 1984 and the interpretation of Part II. 48 Streets, street works and undertakers. 49 The street authority and other relevant authorities. 50 Street works licences. 51 Prohibition of unauthorised street works. 52 Emergency works. 53 The street works register. 54 Advance notice of certain works. 55 Notice of starting date of works. 56 Power to give directions as to timing of street works. 56A Power to give directions as to placing of apparatus 57 Notice of emergency works. 58 Restriction on works following substantial road works. 58A Restriction on works following substantial street works 59 General duty of street authority to co-ordinate works. 60 General duty of undertakers to co-operate. 61 Protected streets. 62 Supplementary provisions as to designation of protected streets. 63 Streets with special engineering difficulties. 64 Traffic-sensitive streets. 65 Safety measures. 66 Avoidance of unnecessary delay or obstruction. 67 Qualifications of supervisors and operatives. 68 Facilities to be afforded to street authority. 69 Works likely to affect other apparatus in the street. 70 Duty of undertaker to reinstate. 71 Materials, workmanship and standard of reinstatement. 72 Powers of street authority in relation to reinstatement. 73 Reinstatement affected by subsequent works. 73F Guidance about street authority inspections 74 Charge for occupation of the highway where works unreasonably prolonged. 74A Charge determined by reference to duration of works. 74B Regulations under section 74 and regulations and orders under section 74B 75 Inspection fees. 76 Liability for cost of temporary traffic regulation. 77 Liability for cost of use of alternative route. 78 Contributions to costs of making good long-term damage. 79 Records of location of apparatus. Information in relation to apparatus 80 Duty to inform undertakers of location of apparatus. Duties to report missing or incorrect information in relation to apparatus. 81 Duty to maintain apparatus. 82 Liability for damage or loss caused. 83 Works for road purposes likely to affect apparatus in the street. 84 Measures necessary where apparatus affected by major works. 85 Sharing of cost of necessary measures. 86 Highway authorities, highways and related matters. 87 Prospectively maintainable highways. 88 Bridges, bridge authorities and related matters. 89 Public sewers, sewer authorities and related matters. 90 Provisions as to reinstatement of sewers, drains or tunnels. 91 Transport authorities, transport undertakings and related matters. 92 Special precautions as to displaying of lights. 93 Works affecting level crossings or tramways. 94 Power of street authority or district council to undertake street works. 95 Offences. 95A Fixed penalties for certain offences under this Part 96 Recovery of costs or expenses. 97 Service of notices and other documents. 98 Reckoning of periods. 99 Arbitration. 100 Agreements inconsistent with the provisions of this Part. 101 Effect of this Part on certain existing special enactments or instruments. 102 Effect of this Part on other existing enactments or instruments. 103 Former controlled land. 104 Meaning of “prescribed” and regulations generally. 105 Minor definitions. 106 Index of defined expressions. 106A National Underground Asset Register 106B Initial upload of information into NUAR 106C Access to information kept in NUAR 106D Guidance 106E Fees payable by undertakers in relation to NUAR 106F Providing information for purposes of regulations under section 106E 106G Monetary penalties 106H Arrangements for third party to exercise functions 106I Data protection 106J Regulations under this Part 106K Interpretation 107 Roads, road works and undertakers. 108 The road works authority and other relevant authorities. 109 Permission to execute road works. 110 Prohibition of unauthorised road works. 111 Emergency works. 112 The road works register. 112A The Scottish Road Works Register 112B Duty to enter certain information in the Scottish Road Works Register 113 Advance notice of certain works. 114 Notice of starting date of works. 115 Power to give directions as to timing of works. 115A Power to give directions as to placing of apparatus 116 Notice of emergency works. 117 Restriction on works following substantial works carried out for road purposes. 118 General duty of road works authority to co-ordinate works. 119 General duty of undertakers to co-operate. 119A Enforcement of sections 118 and 119: imposition of penalties 120 Protected roads. 121 Supplementary provisions as to designation of protected roads. 122 Roads with special engineering difficulties. 123 Traffic-sensitive roads. 124 Safety measures. 125 Avoidance of unnecessary delay or obstruction. 126 Qualifications of supervisors and operatives. 126A Duty of authorities, undertakers etc. to ensure competence of employees etc. 127 Facilities to be afforded to road works authority. 128 Works likely to affect other apparatus in the road. 129 Duty of undertaker to reinstate. 130 Materials, workmanship and standard of reinstatement. 131 Powers of road works authority in relation to reinstatement. 132 Reinstatement affected by subsequent works. 133 Charge for occupation of the road where works unreasonably prolonged. 134 Inspection fees. 135 Liability for cost of temporary traffic regulation. 136 Liability for cost of use of alternative route. 137 Contributions to costs of making good long-term damage. 140 Duty to maintain apparatus. 141 Liability for damage or loss caused. 142 Works for road purposes likely to affect apparatus in the road. 143 Measures necessary where apparatus affected by major works. 144 Sharing of cost of necessary measures. 145 Roads authorities, roads and related matters. 146 Prospective public roads. 147 Bridges, bridge authorities and related matters. 148 Sewers. 149 Provisions as to reinstatement of sewers, drains or tunnels. 150 Transport authorities, transport undertakings and related matters. 151 Special precautions as to displaying of lights. 152 Works affecting level crossings or tramways. 153 Power of road works authority or district council to undertake road works. 154 Offences. 154A Fixed penalties for certain offences under this Part 155 Recovery of costs or expenses. 156 Service of notices and other documents. 157 Reckoning of periods. 157A Regulations prescribing manner of settlement of disputes 158 Arbitration. 159 Agreements inconsistent with the provisions of this Part. 160 Effect of this Part on certain existing special enactments or instruments. 161 Effect of this Part on other existing enactments or instruments. 162 Former controlled land. 163 Meaning of “prescribed” and regulations generally. 163A Consultation on regulations and codes of practice 164 Minor definitions. 165 Index of defined expressions. 166 Offences by bodies corporate or Scottish partnerships. 167 Crown application. 168 Minor and consequential amendments and repeals. 169 Extent. 170 Commencement. 171 Short title. SCHEDULE 1 Supplementary provisions as to termination of concession SCHEDULE 2 Procedure in Connection with Toll Orders SCHEDULE 3 Street works licences SCHEDULE 3A Restriction on works following substantial street works SCHEDULE 4 Streets with special engineering difficulties SCHEDULE 4A fixed penalty offences under part 3 SCHEDULE 4B Fixed penalties for certain offences under Part 3 SCHEDULE 5 Procedure for making certain orders under Part III Schedule 5A Monetary penalties in relation to requirements under Part 3A SCHEDULE 6 Roads with special engineering difficulties SCHEDULE 6A FIXED PENALTY OFFENCES UNDER PART 4 SCHEDULE 6B FIXED PENALTIES FOR CERTAIN OFFENCES UNDER PART 4 SCHEDULE 7 Procedure for making certain orders under Part IV SCHEDULE 8 Minor and consequential amendments SCHEDULE 9 Repeals
What to do with it
As published
77 Liability for cost of use of alternative route.
(1) Where by reason of street works the use of a highway is restricted or prohibited and the diverted traffic uses as an alternative route a highway of a lower classification, the undertaker shall indemnify the highway authority for the latter highway in respect of costs reasonably incurred by them—
(a) in strengthening the highway, so far as that is done with a view to and is necessary for the purposes of its use by the diverted traffic; or
(b) in making good any damage to the highway occurring in consequence of the use by it of the diverted traffic.
(2) For this purpose the order of classification of highways, from higher to lower, is as follows:
1 | Trunk roads.
2 | Principal roads.
3 | Other classified roads.
4 | Other highways.
As to principal and other classified roads, see sections 12 and 13 of the Highways Act 1980.
Your wording
Your change, as a redline
77 Liability for cost of use of alternative route.
(1) Where by reason of street works the use of a highway is restricted or prohibited and the diverted traffic uses as an alternative route a highway of a lower classification, the undertaker shall indemnify the highway authority for the latter highway in respect of costs reasonably incurred by them—
(a) in strengthening the highway, so far as that is done with a view to and is necessary for the purposes of its use by the diverted traffic; or
(b) in making good any damage to the highway occurring in consequence of the use by it of the diverted traffic.
(2) For this purpose the order of classification of highways, from higher to lower, is as follows:
1 | Trunk roads.
2 | Principal roads.
3 | Other classified roads.
4 | Other highways.
As to principal and other classified roads, see sections 12 and 13 of the Highways Act 1980.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.