Roads and Streets

The Roads (Scotland) Act 1984 governs the practice of roads authorities and others. Depending on the road, responsibility will usually lie with either the Scottish Ministers, the local authority or in some cases the Operating Company contracted to maintain the road. The Roads (Scotland) Act regulates obstructions on the road (although certain obstructions, like bins, are additionally covered by other pieces of legislation) and imposes certain duties relevant to accessibility.

Part IV of the Roads (Scotland) Act covers improvement and maintenance of roads and footways, placing obligations on the Roads Authority to provide footways, bridges or subways for pedestrians; and to clear roads and footways of snow and ice.

These include:

• Section 25 of the Act says a roads authority shall provide, wherever it appears to them necessary or desirable for the safety or convenience of pedestrians so to do, proper and sufficient footways for public roads.
• Section 34 of the Act which says a roads authority shall take such steps as they consider reasonable to prevent snow and ice endangering the safe passage of pedestrians and vehicles over public roads.
• Section 120 of the Act specifically requires a roads authority, local authority or other person exercising a statutory power to execute works in a road to have regard to the needs of disabled people. This includes consideration of:
  • the particular needs of disabled people whose mobility may be impeded by road work
  • the needs of people with visual impairments in relation to temporary or permanent openings during road works
  • the impact on disabled people when placing bollards, signs and other permanent obstructions on the road
  • the provision of ramps at appropriate places between carriageways and footways

It is up to individual road authorities how they discharge their responsibilities within the relevant legal context. Further rules apply to those carrying out road works, including a statutory code of practice that incorporates accessibility provisions.

Specifications in a range of documents govern the decisions roads authorities make about the standard of their infrastructure.

These reflect professional interpretations of what the law requires, and include the Design Manual for Roads and Bridges.

Some road authorities set accessibility standards going beyond legal requirements.