Legally Define Highway

If Parliament had intended that a highway exist only on public lands, it would have established it. See RCW 46.24.010, note 2, loc. cit. Instead, we are given a guiding principle, which is that “any highway or place in the state that is open under the right to travel by public vehicle” is a public highway within the meaning of the Motor Vehicle Code. It is therefore necessary to examine whether certain designated parcels are opened on the basis of the right to use public vehicles in order to determine the scope of the geographical application of the articles of the Code in which the term public road is used. The U.S. Department of Transportation, established by Congress, works with the states to establish and maintain a national highway system (23 U.S.C.A. § 101 ff.). Federal revenues cover most of the national highway system. Congress can withhold a portion of these funds if states do not enact certain laws relating to highways or highway use and interfere with interstate commerce. For example, Congress can suspend funding if a state does not set the minimum drinking age at 21; suspend the driver`s licences of persons convicted of drug-related offences for at least six months; or prohibit driving under the influence of alcohol. Any property subject to the right of the State to create a highway above it may become a highway through prolonged use if the conditions prescribed by law are met.

The public receives an easement in the country as a road, and the width and extent of a road is determined by the extent of its actual use for those purposes. The actual number of people using the road or the frequency or extent of such use is irrelevant, provided that the property is used openly and continuously as an unrestricted road. In addition, such public use must not be interrupted by acts of the owner aimed at preventing the use of his land as a public road. For example, installing several “No Trespassing” signs around the property and erecting a fence would most likely prevent the detection of a road. Verbal objections alone or unsuccessful attempts to restrict its use as a highway are usually not enough. “Road or motorway` means the entire width between the boundaries of any road or square maintained by the public, provided that part of it is accessible to the public for the purpose of driving a vehicle.` Section 118 of the Vehicles and Traffic Act defines “highway” as “the entire width between the boundaries of any road maintained by the public if any part of it is accessible to the public for vehicular traffic.” which, according to its terms, includes the right of way, regardless of how it is measured or acquired. 2/ When the legislator wanted to take into account the fact of public property, this was clearly expressed. An example is the more restrictive definition of highway in RCW 46.24.010: In at least three jurisdictions, it has been decided that the extent of public use is the factor that determines whether a road or place should be classified as public or private. In Ebert v.

Incorporated Village of Garden City, 196 N.Y.S. (2d) 878 (1960), the Court concluded that urban parking within the meaning of the New York Highway definition was included. This court cited and upheld the case of Kutsky v. Grabowski, 150 Neb. 508, 34 N.W. (2d) 893 (1948), in which a road was held to be a public road, regardless of whether it was privately owned and maintained as long as it was generally open to the public.3/ And in Bennett v. Seattle, op. cit. O., our court held that a road remained a public road, although it was closed to public transport and limited in its use to a private company. One method of establishing a road or highway is prescription – the prolonged use of a parcel of land for a period of time by the public, without the consent of the owner. And private road is defined in RCW 46.04.420 as follows: The term “public road” as used in the State Motor Vehicle Act (Title 46 RCW) means any place, road, road, etc.

where people are accustomed to gather in motor vehicles in sufficient numbers to represent public use. Any unauthorized obstruction that interferes with the use of a public highway such as a fence, gate or ditch is illegal and a nuisance. However, officials may legally temporarily obstruct highways in their area of responsibility for a reasonable period of time in order to make necessary repairs or improvements. Anyone who causes or permits a disability on a public highway is responsible and may be asked to force its removal. The State has the power to control and regulate the use of public roads, provided that its regulations do not unreasonably interfere with the right to travel or impede interstate commerce. The State may determine the character of motor vehicles using its highways and may correctly exclude vehicles that exceed a maximum limit set by law. An appropriate tax may be levied on vehicles based on their overweight in order to compensate the State for the additional costs related to the maintenance of the motorway resulting from the significant wear and tear of these vehicles on the road. To protect public health, the state may prohibit trucks carrying chemicals or explosives from passing through populated or residential areas. The Minister of Transport regulates the safety of all commercial road transport enterprises transporting explosives or dangerous objects such as flammable or radioactive substances in interstate or foreign trade.

The state may restrict the speed of vehicles or prohibit parking along the highway, except in emergencies. Bicycles used on motorways may be subject to reasonable restrictions, such as the requirement to be equipped with lighting at night. In addition, authorities or individuals who have suffered special damages – financial or other losses different from those of the public – can bring an action for damages against someone who blocks a highway. What constitutes particular damage depends on the circumstances of the particular case. There may be a special violation if the disability blocks access to the applicant`s property. In a number of jurisdictions, obstructing highways is a criminal offence. “The term `highway` includes any direction, road, road, boulevard and any road or place of the State which is open by virtue of the right to travel by public vehicle within and outside the limits of cities and villages.” A recent case that is useful in this regard is Groninger v Village of Mamaroneck, 17 NY3d 125 (2011).