Page:UK Traffic Signs Manual Chapter 1 (1982 amended to 2004).pdf/13

LEGAL ASPECTS AND RESPONSIBILITIES FOR SIGNS 1.16 The prescribed signs and carriageway markings are described in subsequent chapters of this manual. If an authority wishes to use a sign not prescribed in Regulations, application should be made to the appropriate Government Office giving reasons for wanting a new sign and describing it in detail, preferably with drawings and site plans. The design of such signs should conform to Worboys principles. Only in exceptional circumstances will special signs be authorised. This is essential in order to keep the number of sign types to the absolute minimum required for the safe and efficient functioning of the road system. Any appreciable diversifications or increase in sign types having only local usage and significance can cause difficulties to road users unaccustomed to the area.

1.17 Authorities are not free to use all the signs shown in this manual at will without further authorisation. They may do so generally with informatory signs and warning signs, but there are a large number of signs which first require an Order to be made and some signs cannot be used without specific site approval of the Secretary of State. Subsequent chapters of this manual state where an Order or other authority is required before the sign can be used.

1.18 The use on Public highways of non-prescribed signs which have not been authorised by, or on behalf of, the Secretary of State, is illegal and Authorities who so use unauthorised signs act beyond their powers. Additionally, an unauthorised sign in the highway is an obstruction. The possible consequences of erecting or permitting the erection of obstructions may be severe and those responsible could lay themselves open to a claim for damages; for example if the obstruction is the cause of accident or of injury in a collision or if the unauthorised sign injuriously affects a fronting property by blocking light or impairing visual amenity.

1.19 Authorities will normally erect their traffic signs within the highway boundary. If this is not possible, they can erect signs on or over land adjacent to the highway with the owners' permission. They can also, if necessary, acquire land or rights over land either by agreement or compulsorily for the accommodation of signs.

1.20 Authorities should consider requiring the removal of any object or device erected privately on land adjacent to their roads which has the apparent or express intention of guiding, warning or directing road users. In addition, private advertisements should not resemble or incorporate prescribed traffic signs or their symbols. United Kingdom signs are crown copyright and may not be reproduced without permission. In no circumstances will the Department permit the use of traffic signs on advertisements at road side locations. When prescribed traffic signs are used illegally action should be taken to secure their removal.

1.21 Certain comments on statutory requirements are also made in subsequent chapters as appropriate.

1.22 The Secretary of State has overriding powers to require the removal or to remove any traffic sign or any object or device for the guidance or direction of persons using roads. 11