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England and Wales__ The general legal definition deals with right of use not the form of construction; this is distinct from e.g. the popular use of the word in the US. A highway is defined in English common law by a number of similarly-worded definitions such as "a way over which all members of the public have the right to pass and repass without hindrance"[1] usually accompanied by "at all times"; ownership of the ground is for most purposes irrelevant thus the term encompasses all such ways from the widest trunk roads in public ownership to the narrowest footpath providing unlimited pedestrian access over private land. A highway might be open to all forms of lawful land traffic (i.e. vehicular, horse, pedestrian) or limited to specific types of traffic or combinations of types of traffic; usually a highway available to vehicles is available to foot or horse traffic, a highway available to horse traffic is available to pedestrians but exceptions can apply usually in the form of a highway only being available to vehicles or subdivided into dedicated parallel sections for different users. A highway can share ground with a private right of way for which full use is not available to the general public as often will be the case with farm roads which the owner may use for any purpose but for which the general public only has a right of use on foot and/or horseback. The status of highway on most older roads has been gained by established public use while newer roads are typically dedicated as highways from the time they are adopted (taken into the care and control of a council or other public authority). In England and Wales, a public highway is also known as "The Queen's Highway".[2] The core definition of a highway is modified in various legislation for a number of purposes but only for the specific matters dealt with in each such piece of legislation. This is typically in the case of bridges, tunnels and other structures whose ownership, mode of use and/or availability would otherwise exclude them from the general definition of a highway, examples in recent years are commonly toll bridges and tunnels which have the definition of highway imposed upon them (in a legal order applying only to the individual structure) to allow application of most traffic laws to those using them but without causing all of the general obligations or rights of use otherwise applicable to a highway. Scotland__ Scots law is similar to English law with regard to highways but with differing terminology and legislation. What is defined in England as a highway will often in Scotland be what is defined by s.151 Roads (Scotland) Act 1984 (but only "in this act" although other legislation could imitate) simply as a road, that is :- "any way (other than a waterway) over which there is a public right of passage (by whatever means [and whether subject to a toll or not]) and includes the road’s verge, and any bridge (whether permanent or temporary) over which, or tunnel through which, the road passes; and any reference to a road includes a part thereof; " The word highway is itself no longer a statutary expression in Scots law[3] but remains in common law. United States__ In American law, the word "highway" is sometimes used to denote any public way used for travel, whether major highway, freeway, turnpike, street, lane, alley, pathway, dirt track, footpaths, and trails, and navigable waterways;[citation needed] however, in practical and useful meaning, a "highway" is a major and significant, well-constructed road that is capable of carrying reasonably heavy to extremely heavy traffic.[citation needed] Highways generally have a route number designated by the state and federal departments of transportation.[clarification needed] California Vehicle Code, Sections 360, 590, define a "highway" as only a way open for use of motor vehicles, but the California Supreme Court has held that "the definition of 'highway' in the Vehicle Code is used for special purposes of that act," and that canals of the Los Angeles neighborhood of Venice, California, are "highways" that are entitled to be maintained with state highway funds.[citation needed] Smaller roads may be termed byways.[4] |
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