The Ministry of Transport was created in 1919 with wide powers which have from time to time been extended. Some of its most important powers arise under the London Traffic Act, 1924, passed in an attempt by more systematic regulation to deal with the growing congestion in London and the country surrounding it.
The public have a right to pass along a highway freely, safely and conveniently, and any wrongful act or omission which prevents them doing so is a nuisance, for the prevention and abatement of which the highways and other acts contain provisions. Generally, nuisance to highway may be caused by encroachment, by inter fering with the soil of the highway, by attracting crowds, by cre ating danger or inconvenience on or near the highway, by placing obstacles on the highway, by unreasonable use, by offences against decency and good order, etc. At common law a highway once created could not be diverted or stopped up. By compliance with strict conditions laid down in the Highway Act, 1835, under which public rights are carefully safeguarded, a highway may, however, now be diverted or stopped.
Formerly under the Turnpike Acts many of the more important highways were placed under the management of boards of com missioners or trustees. By the Highways and Locomotives Act of 1878 disturnpiked roads became "main roads." Ordinary high ways might be declared to be "main roads," and "main be reduced to the status of ordinary highways. Of recent years a number of main arterial roads have been built, a large part of the expense being borne by the "road fund," a national fund formed by the proceeds of taxation of motor vehicles.
In Scotland the highway system is regulated by the Roads and Bridges Act, 1878, and amending acts. The management and maintenance of the highways and bridges is vested in county road trustees, viz., the commissioners of supply, certain elected trus tees representing ratepayers in parishes and others. One of the consequences of the act was the abolition of tolls, statute-labour, causeway mail and other exactions for the maintenance of bridges and highways, and all turnpike roads became highways, and all highways became open to the public free of tolls and other exac tions. The county is divided into districts under district commit
tees, and county and district officers are appointed. The expenses of highway management in each district (or parish), together with a proportion of the general expenses of the act, are levied by the trustees by an assessment on the lands and heritages within the district (or parish).
See Glen, Law Relating to Highways; Pratt, Law of Highways, Main Roads and Bridges. (X.) United States.—Until 19co there was little regulation of the use of highways. The rule of the road that vehicles must keep to the right and pass each other on the left when going in the same direction, was early recognized by legislation in the various States. The first comprehensive regulation of street traffic was adopted by the City of New York in 19o3, which with minor changes is still in force. Since then traffic regulations have been widely adopted. Such regulation falls into two categories: "gen eral highway traffic regulations" or those regarded as applicable to large and small cities and towns alike, and "special highway traffic regulations" or those additional regulations deemed neces sary for facilitating the movement of traffic in specially congested districts. The lack of uniformity in general highway regulations among the several States has led to efforts to secure a uniform code for adoption by the several States, for the exercise of powers by the national Government in this field would be strenuously contested. In 1924 a general code was prepared by the Eno Foun dation for Highway Traffic Regulation. In 1926 and 1927 a Uniform Motor Vehicle Act governing the use of highways by motor vehicles, their registration, size and equipment, rules of the road, violations and highway traffic signs, was drafted and ap proved by the National Conference of Commissioners on Uniform State Laws. It awaits adoption by the various States.
See Jenks, Road Legislation (1895) ; Brindley, History of Road Legislation (1912) ; Elliott, Law of Roads and Streets (2nd. ed., 1926).