Dorset Council has the power to remove any items, including signs, placed within the highway that are a nuisance or a danger to highway users (including causing a danger by obstructing view) under section 149 of the 1980 Act. If the sign constitutes a danger to highway users, the sign may be removed under section 149 even if it is not in direct contravention of this policy.
It is an offence under section 137 of the Highways Act 1980 to wilfully obstruct free passage along the highway. This would make the sign owner liable for a fine, but does not entitle the Highway Authority to remove the sign.
It is also an offence under section 132 of the Highways Act 1980 to “affix a sign, picture or letter onto the surface of the highway, a tree, structure or works in or under the highway”. The owner would be liable for a fine and the Highway Authority could remove the sign. The sign cannot be destroyed or sold unless a court order is first obtained under section 149 of the Highways Act 1980, as above.
This Policy is linked to the Dorset Council Unauthorised Signs Policy.
This policy is written with the Equality Act 2010 and Dorset Council’s Equality Policies in mind.