Commentary on provisions of the Act Part 3: Construction and maintenance of highways Maintenance
Paragraph 14 relates to the maintenance of a new highway, or a highway altered other than by carrying out street works under the New Roads and Street Works Act 1991. Paragraph 14(2) and (3) provide that unless otherwise agreed the nominated undertaker is responsible for maintaining the new or altered highway for 12 months from the later of the date of practical completion of the work or the date it opens for use by the public, and after that the duty to maintain falls to the highway authority. However, under paragraph 14(8) this does not apply to the structure of bridges over, or tunnels under, railways of the nominated undertaker.
	Paragraph 14(4) requires the highway authority, unless otherwise agreed with the nominated undertaker, to ensure (during the period that the nominated undertaker is responsible for maintenance) that so far as reasonably practicable safe passage is maintained along the highway with regard to snow and ice.
	Paragraph 14(5) requires the highway authority to certify the date on which the highway was practically complete or on which it was first open for public use. Paragraph 14(6) provides that, if there is a dispute about this, it must be determined by arbitration, or by the Secretary of State.
	Paragraph 14(9) makes clear that the paragraph does not affect section 87 of the New Roads and Street Works Act 1991, which enables a local authority to declare prospectively maintainable highways.
	Under paragraph 15, where the nominated undertaker is responsible for maintaining a bridge carrying a highway constructed or altered under the Act over a railway, it may enter into an agreement with the body responsible for maintaining the highway, delegating to that body the function of maintaining the bridge.
	Under section 58 of the Highways Act 1980, highway authorities responsible for maintaining a highway have a defence for any action against them for non-repair if they can prove they have proper inspection and maintenance systems in place. Paragraph 16 applies this to the maintenance responsibilities of the nominated undertaker under paragraph 4.
	Paragraph 17 modifies the maintenance duties for bridges applying under section 46 of the Railways Clauses Consolidation Act 1845, to bring them into line with current practice (so that the highway authority is responsible for maintaining the surface of the highway and the nominated undertaker is responsible for the bridge).