Highway Act 1835
The Highway Act 1835 is an act of the Parliament of the United Kingdom. It was one of the Highway Acts 1835 to 1885.
Most of the act has been repealed; as of 2025, only three sections remain in force.
Parish boards
The act placed highways under the direction of parish surveyors, and allowed them to pay for the costs involved by rates levied on the occupiers of land. The surveyor's duty is to keep the highways in repair, and if a highway is out of repair, the surveyor may be summoned before the courts and ordered to complete the repairs within a limited time. The surveyor is also charged with the removal of nuisances on the highway. A highway nuisance may be abated by any person, and may be made the subject of indictment at common law.The board consists of representatives of the various parishes, called way wardens together with the justices for the county residing within the district. Salaries and similar expenses incurred by the board are charged on a district fund to which the several parishes contribute; but each parish remains separately responsible for the expenses of maintaining its own highways.
The amending acts, while not interfering with the operation of the principal act, authorise the creation of highway districts on a larger scale. The justices of a county may convert it or any portion of it into a highway district to be governed by a highway board, the powers and responsibilities of which will be the same as those of the parish surveyor under the former act.
New road offences
The act specified as offences for which the driver of a carriage on the public highway might be punished by a fine, in addition to any civil action that might be brought against him:- Riding upon the cart, or upon any horse drawing it, and not having some other person to guide it, unless there be some person driving it.
- Negligence causing damage to person or goods being conveyed on the highway
- Quitting his cart, or leaving control of the horses, or leaving the cart so as to be an obstruction on the highway.
- Not having the owner's name painted up.
- Refusing to give the same.
- Driving animals or a 'carriage of any description' on the footway.
- Not keeping on the left or near side of the road, when meeting any other carriage or horse. This rule does not apply in the case of a carriage meeting a foot-passenger, but a driver is bound to use due care to avoid driving against any person crossing the highway on foot. At the same time a passenger crossing the highway is also bound to use due care in avoiding vehicles, and the mere fact of a driver being on the wrong side of the road would not be evidence of negligence in such a case.
- The playing of football on public highways, with a maximum penalty of forty shillings.
Protecting footpaths
This clause is referred to by the current Highway Code:
The offence of driving on a bridleway is covered by a later act.The Department for Transport cited this section in 2006 when it ruled that Segways could not be legally used on pavements in the United Kingdom, and again in 2020 when it expanded the ruling to include private e-scooters.
In August 2024, a 36 year old man from Sunderland was charged with causing common danger by riding a pedal cycle in the hours of darkness with no illumination, contrary to the 1835 act.
Repealed enactments
Section 1 of the act repealed 11 enactments, listed in that section.| Citation | Short title | Description | Extent of repeal |
| 6 Geo. 1. c. 6 | Excessive Loading of Vehicles, London and Westminster Act 1719 | An Act passed in the Sixth Year of the Reign of King George the First, intituled An Act for preventing the Carriage of excessive Loads of Meal, Malt, Bricks, and Coals within Ten Miles of the Cities of London and Westminster. | As relates to the Carriage of Bricks, except so far as the same relates to the City of London. |
| 18 Geo. 2. c. 33 | Carts on Highways Act 1744 | An Act passed in the Eighteenth Year of the Reign of King George the Second, intituled An Act to repeal a Clause made in the Third Year of the Reign of King William and Queen Mary, relating to Carts used by Persons inhabiting within the Limits of the 'Weekly Bills of Mortality, and to allow such Carts to be drawn with Three Horses, and to prevent the Misbehaviour of the Drivers of Carts in Streets within the said Limits. | Except so far as the same relates to the City of London |
| Highways Act 1750 | An Act passed in the Twenty-fourth Year of the Reign of King George the Second, intituled An Act for the more effectual Preservation of the Turnpike Roads in that Part of Great Britain called England, and for the Disposition of Penalties given by Acts of Parliament relating to the Highways in that Part of Great Britain called England, and for enforcing the Recovery thereof; and for the more effectual preventing the Mischiefs occasioned by the Drivers riding upon Carts, Drays, Carrs, and Waggons in the City of London and within Ten Miles thereof, as relates to the preventing Mischief occasioned by the Drivers riding upon Carts, Drays, Carrs, and Waggons in the City of London or within Ten Miles thereof. | Except so far as the same relates to the City of London. | |
| 30 Geo. 2. c. 22 | Traffic on Highways Act 1757 | An Act passed in the Thirtieth Year of the Reign of King George the Second, intituled An Act to explain and amend an Act made in the Eighteenth Year of His present Majesty's Reign, to prevent the Misbehaviour of the Drivers of Carts in the Streets in London, Westminster, and the Limits of the Weekly Bills of Mortality, and for other Purposes in this Act mentioned. | Except so far as the same relates to the City of London. |
| 13 Geo. 3. c. 78 | Highways Act 1773 | An Act passed in the Thirteenth Year of the Reign of King George the Third, intituled An Act to explain, amend, and reduce into One Act of Parliament the Statutes now in being for the Amendment and Preservation of the public Highways within that Part of Great Britain called England, and for other Purposes. | The whole act. |
| 34 Geo. 3. c. 64 | Highway Act 1794 | An Act passed in the Thirty-fourth Year of the Reign of King George the Third, intituled An Act for the more effectually repairing of such Parts of the Highways of this Kingdom as are to be repaired by Two Parishes | The whole act. |
| 34 Geo. 3. c. 74 | Highways Act 1794 | An Act passed in the same Thirty-fourth Year of the Reign of George the Third, intituled An Act for varying some of the Provisions in an Act of the Thirteenth Year of His present Majesty's Reign, respecting the public Highways within that Part of Great Britain called England, which relate to the Performance of Statute Duty. | The whole act. |
| 42 Geo. 3. c. 90 | Militia Act 1802 | An Act passed in the Forty-second Year of the Reign of King George the Third, intituled An Act for amending the Laws relating to the Militia in England, and for augmenting the Militia. | As relates to the Exemption of any Serjeant, Corporal, Drummer, or Private of the Militia from performing Highway Duty, commonly called Statute Duty. |
| 44 Geo. 3. c. 52 | Statute Duty Act 1804 | An Act passed in the Forty-fourth Year of the Reign of King George the Third, intituled An Act to alter and amend so much of an Act passed in the Thirty-fourth Year of His present Majesty as relates to the Amount of the Sums to be paid by Persons compounding for the Performance of Statute Duty. | The whole act. |
| Highways Act 1814 | An Act passed in the Fifty-fourth Year of the Reign of King George the Third, intituled An Act to amend an Act of the Thirteenth Year of His present Majesty, to explain, amend, and reduce into One Act the Statutes now in force for the Amendment and Preservation of the public Highways within England, and for other Purposes. | The whole act. | |
| 55 Geo. 3. c. 68 | Highways, etc. Act 1815 | An Act passed in the Fifty-fifth Year of the Reign of King George the Third, intituled An Act to amend an Act of the Thirteenth Year of His present Majesty, for the Amendment and Preservation of the public Highways, in so far as the same relates to Notice of Appeal against turning or diverting a public Highway, and to extend the Provisions of the same Act to the stopping up of unnecessary Roads. | The whole act. |
Related and subsequent acts
The Public Health Act 1875 vested the powers and duties of surveyors of highways and vestries in urban authorities,The Local Government Act 1888 ) gave the responsibility of maintaining main roads to county councils.