highway

highway:

see roadroad,
strip of land used for transportation. The history of roads has been related to the centralizing of populations in powerful cities, which the roads have served for military purposes and for trade, the collection of supplies, and tribute.
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Highway

an installation for the safe and efficient traffic of vehicles of rated speeds and weights. The development of motor transportation in the late 19th century made it necessary to create efficient roads for vehicle traffic. As long as the speed of the traffic remained low, it was possible to use ordinary roads, with measures for reducing dust and preserving the road surface from rapid wear. The growth of traffic and of the speed and weight of the vehicles called for capital reconstruction of the roads such as widening the driving part, eliminating steep grades, increasing the radius of the curve and using dust-free and durable road surfacing. After World War I roads designed for motor vehicle traffic alone began to be built in all countries. (They were called au-toroutes in France, motorways in Britain, autostradas in Italy, highways in the USA, etc.)

In the USSR there are five technical categories of highways, depending on the relation of the highway to the country’s total transportation system and on the estimated traffic (the average annual number of automobiles that are expected to travel on the highway 20 years later in both directions in one day). The higher the estimated traffic, the higher the category of the road and its technical characteristics, above all the estimated speed (150 km an hour for the first category, 60 km an hour for the fifth category). The estimated speed is the maximum safe speed of a single passenger car. Table 1 presents the technical classification of highways in the USSR.

The main elements of a highway are shown in profile in Figure 1: the distance a between the brows b,conventionally called the earth bed; the driving part c; the shoulders d for short stops; the reserves e,which provide the earth for building the bed; the edges f, the part of the road for pedestrian and bicycle paths, plantings, communication lines, road buildings, transportation installations, and the like. The driving part is covered with a wearing surface. The wearing surface g,built of durable materials, absorbs the shock from the wheels of the automobiles. The wearing surface must be even, have a rough finish, and ensure good adhesion of the wheels of the automobiles. The base h, the carrying layer of the highway dressing, absorbs the estimated weight of the automobiles. An additional layer of the foundation i has various purposes (such as drainage and the prevention of freezing). To make the border of the driving part more visible and to strengthen the edges of the cover, edge-bands j of a different color from the cover are built.

If a highway crosses bodies of water (such as rivers and brooks), ravines, or other roads, additional installations are built, such as bridges, tunnels, viaducts, and traffic intersections.

The rapid growth of motor transportation has increased the passenger and commercial traffic on highways. This increase has necessitated special measures to ensure the safety and regularity of the traffic and to cater to the needs of travellers. Road signs and indicators are installed on the brows of the highway or hung over the driving part, sharp curves are sloped toward the center of the curve, fences are built along the road, the driving part is marked off, lighting is installed, and so on. Automobile terminals and pavilions, filling and technical service stations, motels, camping grounds, and the like are built for passengers and drivers. Truck stations, warehouses, division point facilities, garages, and the like are built for commercial traffic.

One of the most important performance characteristics of the highway is its traffic capacity—that is, the maximum number of automobiles that can travel, without causing a traffic jam, on a given section of the highway in a given span of time, for instance, in one hour. The magnitude of the traffic capacity depends on the width and number of the lanes, the radius of the curves, the gradient, the type of

Figure 1. Cross section profile of a highway

Table 1. Technical classification of USSR highways
	Technical categories of highways
	1	2	3	4	5
¹ Or more ² Maximum traffic; usually less
Expected daily number of motor vehicles in both directions.........................	6,000¹	6,000–3,000	3,000–1,000	1,000–200	200²
Estimated traffic speed (km per hour).......	150	120	100	80	60
Width of travelling part (m)................	2 X 7.5¹	E7.5	7	6	4.5
Width of lane (m).........................	3.75	3.75	3.5	3.0	4.5
Maximum longitudinal slopes (percent)......	30	40	50	60	70
Maximum admissible weight transmitted by the wheels of the most loaded axle of the vehicle (kilonewtons) ...................	100	100	60	60	60
Maximum admissible weight transmitted by the wheels of the most loaded axle of the vehicle (tons-force) .....................	10	10	6	6	6

vehicles, the traffic speed, and the weather. The maximum traffic capacity of a two-lane highway 7–7.5 m wide under favorable road conditions (dry surface, open, straight, and level section without buildings and without crossings at grade; etc.) is about 2,000 passenger cars an hour or about 20,000 a day. Commercial traffic greatly lowers the traffic capacity. If 70–80 percent of the vehicles on a highway are trucks, the traffic capacity of a 7–7.5–m-wide two-lane highway is 8,000–9,000 motor vehicles a day. If the actual traffic on the highway exceeds its traffic capacity, there are traffic jams and the performance indexes of the highway drop sharply.

Table 2. Total length of highways of the world in 1965 (million km)
	Total length	Hard surface	Improved surface	Percent of total
World as a whole.............	18.3	10.9	5.0	100
Capitalist and developing countries .....	15.7	9.7	4.6	85.7
Economically developed ........	12.2	8.8	4.3	66.6
Economically underdeveloped	3.5	0.9	0.3	19.1
Socialist countries ...........	2.6	1.1	0.3	14.3
USSR ....................	1.4	0.4	0.1	—
Other European countries ...	0.7	0.5	0.2	—

In the USSR modern machines, continuous production methods, and integrated mechanization are used in the construction of highways. Bulldozers, scrapers, mechanized graders, and the like are widely used in building the earth bed. Some construction components of highways are built at specially equipped construction sites and plants. Automatic mixing installations prepare asphalt and cement-concrete mixes. The building of improved highway surfaces and foundations is completely mechanized.

Highway repair and maintenance services ensure continuous usage, and the State Automobile Inspection Service ensures regularity and safety. The main trends in technological progress in highway construction are improving the transportation and performance qualities of highway surfaces and the length of their service, introducing more advanced technology into construction, and making the fulfillment of construction work less dependent on climate.

REFERENCES

Stroitel’stvo avtomobil’nykh dorog,vols. 1–2. Edited by N. N. Ivanov. Moscow, 1963–64.
Avtomobil’nye dorogi. Moscow, 1964.

V. K. NEKRASOV

The construction of highways all over the world was caused by the rapid growth of the number of automobiles. Although there were not more than 25,000 km of operating roads of general use in 1913, the highway network amounted to more than 18 million km in 1965 (see Table 2). Table 3 shows the distribution of highways in different parts of the world in 1965 (without the USSR and the other socialist countries). In 1964 the density of the highway network was 24 km per 100 sq km of inhabited territory in the world as a whole; in the capitalist and developing countries this figure is 30 km (9.7 km in underdeveloped countries alone), and for the socialist countries, 11.0 km (9.6 km in the USSR). The same indexes per 10,000 population are as follows: 56 km for the world as a whole; 72 km for the capitalist and developing countries, including 23 km for the underdeveloped countries; and 24 km for the socialist countries, including 59 km for the USSR.

Major highways of the world

WESTERN EUROPE: London-Paris-Nice-Rome-Palermo; London-Lausanne-Milan-Brindisi; Lisbon-Paris-Stockholm; Lisbon-Bern-Copenhagen-Stockholm-Helsinki; London-Vienna-Budapest-Belgrade-Alexandroupolis-Is-tanbul; Rome-Berlin-Oslo-Stjórdal; Rome-Vienna-Warsaw; London-The Hague-Berlin-Warsaw; (Paris)-Prague-War-saw-(USSR); Trieste-Prague-Szczecin-Hamburg-Berlin-Prague-Budapest-Bucharest-Constanta; Berlin-Wroclaw-Kraków-Przemyśl-(USSR).

ASIA: Bazargan (border with Turkey)-Khoi-Tehran-Meshed-Herat-Kabul-Peshawar-Islamabad-Delhi-Dacca -Kalaw-Phnom Penh-Saigon, and Tehran-Kerman-La-hore-Delhi (through Nepal)-Dacca-Rangoon-Bangkok-Kuala Lampur-Singapore-Djakarta-Denpasar (Bali Island).

Table 3. Length of highways in the capitalist and developing countries in 1965
	Total length (thousand km)	%	Hard surface (thousand km)	%	Improved surface (thousand km)	%
Europe ..............................	3,535	22.5	2,630	27.1	1,570	33.9
Asia.................................	1,885	12.0	1,015	10.4	225	4.8
Africa ...............................	1,400	8.9	315	3.2	85	1.8
North America ........................	6,730	42.8	5,060	52.2	2,500	54.0
Latin America ........................	1,150	7.3	260	2.7	90	1.9
Australia and Oceania .................	1,035	6.5	430	4.4	170	3.6
Total ..............................	15,735	100	9,710	100	4,640	100

AFRICA: Cairo-Alexandria-Tripoli-Tunis-Algiers-Tangier, Cairo-Luxor-Khartoum, Algeria-Niger; Algeria-Congo, Tangier-Dakar.

NORTH AMERICA: Washington-New York-Albany-Buffalo, Chicago-Omaha-Cheyenne-San Francisco, Chicago-St. Louis-New Orleans (USA); Toronto-Montreal (Canada).

LATIN AMERICA: Nuevo Laredo-Mexico City-Guatemala City-San Salvador-Managua-San José-Rio de Ja-neiro-Sáo Paulo-Montevideo-Buenos Aires-Valparaiso, Caracas-Bogotá-Quito-Lima-La Paz-Buenos Aires.

AUSTRALIA: Melbourne-Sidney-Brisbane, Melbourne-Adelaide-Port Augusta, Geraldton-Perth-Albany.

USSR highways In the USSR, highways are built with consideration of communities, railroads, water and air transportation routes, and pipelines. The following categories of highways are set up according to the national economic significance and the nature of the settlements they serve: all-Union highways provide interrepublic transportation and connect capitals of Union republics with each other and with the major economic centers; they also serve international transportation lines, airports, and health resorts of all-Union significance. Republic highways provide transportation between oblasts and connect republic and oblast centers with each other and with major economic centers of oblasts; they connect with railroad stations and harbors and provide access to all-Union highways. Oblast highways provide transportation between oblasts

Table 4. Highway density in different parts of the world (kilometers)
	Per 10,000 population		Per 100 sq km
	total network	hard surface roads	total network	hard surface roads
Europe ...................	109	82	93	70
Asia.................	17	9	12	6
Africa...................	46	10	5	1
North America........	319	232	31	23
Latin America ........	49	11	5	1
Australia and Oceania ......	582	247	12	5

and connect oblast centers with cities and raion centers, and also connect important industrial and agricultural centers with republic highways, railroad stations, and harbors. Local highways provide transportation between ra-ions and connect raion centers with each other and with outlying settlements, sovkhozes and kolkhozes. Department highways are under the jurisdiction of individual ministries (such as forestry, oil extraction, and ferrous metallurgy).

Highways that provide long-distance transportation between economically or militarily important regions and centers or that ensure rapid mass traffic are called superhighways.

Highway construction is financed by state capital investments and deductions from profits of motor transportation enterprises; local highways are built with the participation of industrial, agricultural, and other economic enterprises and kolkhozes. There was a great development of highway construction during the prewar five-year plans. In that period old highways were rebuilt and new ones built. The total length of hard-surface roads quadrupled from 1913 to 1940. In the postwar years large-scale work has been done on restoring and repairing highways and on building many roads with improved surfaces and big transit superhighways for regular long-distance commercial and passenger traffic. The length of hard-surface highways trebled from 1940 to 1966 and reached 456,000 km by the end of 1968. In the same period the length of highways with improved surfacing increased more than 20 times to 145,000 km. The major highways are marked with route numbers for the convenience of the drivers and for traffic safety.

MOSCOW-LENINGRAD (719 km; Route 10), the first hard-surface road in Russia. Built in 1722–46 (hard surface constructed 1817–34). Rebuilt in 1953–58. Access road to the Sheremet’evo air terminal and the Zavidovo preserve. Provides rapid traffic to the Sheremet’evo airport without crossings. Passes through Klin, Kalinin (detour), Valdai, Novgorod. Together with the Leningrad-Vyborg highway (200 km) it constitutes a superhighway.

MOSCOW-MINSK-BREST (1,054 km; route 1), transit superhighway connecting the Central Zone of the European USSR, the Byelorussian SSR, and the People’s Republic of Poland. Construction began in 1936 and was completed in 1954. The road passes near Gzhatsk, Viaz’ma, Smolensk, Orsha, Borisov, Baranovichi, and Kobrin.

MOSCOW-KHARKOV-SIMFEROPOL’ (1,395 km; Route 4), highway connecting the Central Zone of the USSR with the Ukraine and the resorts of the Crimea. The Moscow-Kharkov section was built in 1840–60. The road was completely reconstructed in 1946–50. Passes through Serpukhov, Tula, Orel, Kursk, Belgorod, Krasnograd, Novomoskovsk, Zaporozh’e, Melitopol’, and Dzhankoi. From Simferopol’ highways go out to Evpatoriia, Sevastopol’, Yalta, Feodosiia, and Kerch’.

MOSCOW-VORONEZH-ROSTOV-ON-DON (1,065 km; Route 5), highway connecting the central raions with the Northern Caucasus. In the city of Shakhty it joins the Kiev-Kharkov-Rostov-on-Don highway. Some sections were built in the second half of the 19th century. The Kashira-Voronezh section was rebuilt in 1957–61. The road was completed in 1967. Passes through Stupino, Kashira (bridge across Oka River), Efremov, Elets, Boguchar, Millerovo, and Kamensk-Shakhtinskii.

MOSCOW-GORKY-KAZAN (819 km), highway connecting Moscow with the Upper Volga Region. Built in 1839–89. The Moscow-Gorky section was rebuilt during the second and third five-year plans in connection with the construction of the Gorky automobile plant. Radical reconstruction was carried out in 1954–63. The highway passes through Noginsk, Vladimir, Viazniki, and Cheboksary. Access roads go to Volodarsk and Dzherzhinsk. With the construction of the Kazan-Sverdlovsk section, the highway will become part of Route 8. From Vladimir, highways start for Suzdal’ and Ivanovo.

MOSCOW-KUIBYSHEV (1,070 km; Route 7), highway connecting the Central Zone with the Middle Volga Region. Passes through Kolomna, Riazan’, Penza, Syzran’, and Tol’iatti. Rebuilt in 1957–65. Within the next few years, after the completion of the Kuibyshev’-Ufa-Cheliabinsk highway, communication with the Urals region will be provided.

Moscow ring highway (109 km), high-speed superhighway. Built in 1958–62, it ensures distribution of the traffic among the adjoining superhighways. The boundary of Moscow since 1960.

LENINGRAD-KIEV-ODESSA (1,744 km; Route 20), the Baltic-Black Sea transit superhighway. The Leningrad-Kiev section was built in 1838–88 and rebuilt after the Great Patriotic War. The Kiev-Odessa section was built in 1955–60. Passes through Luga, Pskov, Vitebsk, Orsha, Mogilev, Gomel’, Chernigov, Belaia Tserkov’, and Uman’.

LENINGRAD-TALLIN-RIGA-KALININGRAD (1,045 km; Route 21), the chief Baltic highway. Passes through Narva, Piarnu, Elgava, and Shiauliai.

KIEV-KHARKOV-ROSTOV-ON-DON (950 km; Route 13), the largest broad highway of the Ukrainian SSR. Built in 1946–52. Passes through Poltava, Slaviansk, Artemovsk, Shakhty, Novocherkassk.

ROSTOV-ON-DON-NOVOROSSIISK (415 km; Route 18). Built in 1954–59. Exit to the Black Sea coast of the Caucasus. Passes through Krasnodar.

BLACK SEA HIGHWAY (NOVOROSSIISK-BATUMI) (750 km; Route 19). Built in 1887–1910. Restored in 1946–50. Work continues on straightening and broadening the section with the most motor traffic. Access roads to Adler, Abrau-Diurso, Matsesta Station, Lake Ritsa, Pitsunda, and others. At Samtredia, highways start for Tbilisi, Yerevan, and Baku (Routes 15 and 17).

ROSTOV-BESLAN-BAKU (1,332 km; Route 14), the chief highway of the northern Caucasus. Built in 1945–55 as far as Ordzhonikidze, completed in 1956–65. Passes through Tikhoretsk, Armavir, Mineral’nye Vody, Piatigorsk, Nal’chik, and Sumgait. Access roads to Krasnodar, Ordzhonikidze, Groznyi, Makhachkala.

BESLAN-TBILISI-YEREVAN (533 km; Route 16), the shortest route between the northern Caucasus and Transcaucasia. Passes through Ordzhonikidze and Leninakan. The Ordzhonikidze-Tbilisi section (208 km) is called the Georgian Military Road. From Tbilisi, highways start for Baku, Yerevan, and Batumi.

ALMA-ATA-FRUNZE-TASHKENT (812 km). Built in 1957–65. The chief highway of southern Kazakhstan. Passes through Dzhambul and Chimkent.

TASHKENT-TERMEZ (708 km), the long Uzbek section of the road is called the Lenin Road. Built in 1940. In 1968 radical reconstruction was underway with straightening and widening of some sections. Passes through Gulistan, Ian-gier, Dzhizak, Samarkand. Together with the Alma-Ata-Frunze-Tashkent highway, it constitutes Route 36.

FRUNZE-OSH (605 km). Built in 1956–65. The main highway of the Kirghiz SSR, the shortest connection between the northern and southern oblasts of the republic. Passes through Toktogul, Tash-Kumyr, Dzhalal-Abad. On this highway is the largest highway tunnel in the USSR (2.5 km), at an altitude of 3.2 km.

OSH-KHOROG (701 km), the Pamir Road. Together with the Frunze-Osh highway, constitutes Route 37. Built in 1931–34. Makes possible freight hauls to the Gorno-Badakhshan Autonomous Oblast. Passes through the territories of the Kirghiz and Tadzhik SSR’s. Built high in the mountains (some passages are at an altitude of more than 4 km). No traffic in the winter. Reconstruction under way.

BIISK-TASHANTA (626 km), the Chuia Road. Built in 1903–13 as a land transportation route to Mongolia. Rebuilt in 1932–36 and in the postwar period. Used for communication with the Gorno-Altai Autonomous Oblast and for foreign trade hauls. Passes through the valleys of the Katun’ and Chuia rivers. Access road to Gorno-Altaisk. The West Mongolian Road continues the Chuia Road to Mongolia. The Chuia Road is part of the Novosibirsk-Biisk-Tashanta highway with a total length of 1,040 km (Route 34).

ABAKAN-KYZYL (436 km; Route 35)—the Usa Road (called after the Usa River, a tributary of the Enisei). Built in 1911–17 as a cart road. Crosses the Western Saiany. Provides transportation to the Chuvash ASSR. Passes through Minusinsk (railroad station). Access road to Shushenskoe.

Within the next few years the following highways will be built or rebuilt: Moscow-Riga, Moscow-Volgograd, Moscow-Briansk-Kiev, Kuibyshev-Cheliabinsk, Kazan-Izhevsk-Sverdlovsk, Cheliabinsk-Karaganda, Poltava-Kishenev, Tol’iatti-Kuibyshev, and others.

In August 1968 the CPSU Central Committee and the USSR Council of Ministers adopted a resolution on the further development of highway construction in the USSR. The resolution provides for an annual 20 percent increase in the rate of construction and reconstruction of highways. The total length of hard-surface roads is to reach 40,000 km by 1975.

G. I. SHEINIS

highway

[′hī‚wā] (civil engineering) A public road where traffic has the right to pass and to which owners of adjacent property have access.

highway

Related to highway: Highway engineering

Highway

A main road or thoroughfare, such as a street, boulevard, or parkway, available to the public for use for travel or transportation.

The nature of a public way is determinable from its origin, as well as the intention and plans of the appropriate authorities and the use to which it has been put. If a particular road or highway is designated as private, its character will not be altered if it is actually a public road or highway. Private Roads are intended for use by a few private individuals, as distinguished from highways that are for public use.

It is essential that a highway be established in a manner recognized by the particular jurisdiction, whether it be by extended use—prescription—or by dedication to the public by the owner of the property subject to the consent of public authorities. Prior to the time that any statutory procedure for the establishment of highways was devised, prescription and dedication were the methods used in common law. Currently, most highways are created by statute.

Extended Use or Prescription

One method of establishing a highway or public road is through prescription—the extended use of a piece of land for a certain length of time by the public, absent the owner's consent.

The actual number of persons using the road or the frequency or extent of such use is immaterial provided the property is openly and continuously used as a road with no restrictions. In addition, such public use must not be interrupted by acts of the owner that are designed to stop the use of his or her property as a public highway. For example, the posting of several "no trespassing" signs around the land and the erection of a fence would most likely prevent a highway from being recognized. Verbal objections alone, or unsuccessful attempts to curtail use as a highway, are ordinarily insufficient.

Any property subject to the right of the state to lay out a public way over it can become a highway by extended use if the conditions prescribed by statute are met. The public is given an Easement in the land as a highway, and the width and extent of a highway are determined by the extent of its actual use for such purposes.

Statute

The creation of highways is a function of the government that stems from its power of eminent domain—the authority to take private property for public use. The legislature makes the determination needed for public use and convenience and provides for establishment of highways by local boards or courts. In deciding whether the need for a highway exists, factors for consideration include topography, soil character, population, location, condition, convenience of highways already established or proposed, and the probable extent of use.

In the absence of statutory authorization, a highway cannot be constructed through lands of the state, or property that has already been designated for public use, such as a park. Additionally, some state laws proscribe the creation of highways through residences, buildings used for trade, gardens, or orchards.

Public Authorities

Public officials, such as state highway commissioners, act on behalf of the particular county or Municipal Corporation upon which the state has conferred power to establish highways.

A highway and road district is a subdivision of the state, which the legislature creates to facilitate the administration of highways. The legislature defines and sets the territorial extent, limits, and boundaries of the road or highway district, and, generally, only lands that will be benefited are included. Highway boards and commissions are ordinarily responsible for the construction, improvement, and maintenance of highways.

Abandonment, Alteration, and Vacation

The right of the public to use a highway may be forfeited by abandonment. Nonuse might be considered Abandonment under statutory provisions. The evidence that a highway is in such a dangerous state of disrepair for a number of years that the public stops using it and a county fails to repair it constitutes abandonment in some jurisdictions. Where provided by statute, delay in opening a highway might be regarded as abandonment if it extends over an unreasonable length of time.

An alteration of a highway ordinarily refers to a change in its course that the state may effect in exercise of its Police Power. A proceeding for a change or alteration in a public road generally will not be brought unless the change will further safety, convenience, or other public interests.

Vacation of a highway occurs when its existence is terminated by the direct action of public officials. The authority to vacate is generally delegated to the appropriate authorities or local agencies. Certain statutes make the provision that highways may be vacated by a vote of the town in a town meeting. Ordinarily, highways cannot be vacated unless they are useless, inconvenient, or burdensome, and the grounds are usually regulated by statutes. A highway that has been laid out but not constructed may be discontinued due to a change of circumstances, such as where a variation in traffic patterns makes the proposed highway unnecessary.

Title

The public only acquires the right to use a highway, whereas title to the land remains with the owner, subject to the public's rights. When a highway is constructed, the public has the right of way as well as privileges incident thereto, including the right to construct, improve, and repair the highway. When a highway is abandoned or discontinued, however, total and unlimited ownership reverts to the true owner.

An individual whose land abuts a public highway might have special rights, including the right to a reasonable passageway to the highway from his or her land.

Construction and Maintenance

The construction and maintenance of highways are assumed by either the state, local communities, or a specifically designated agency. The actual plan of work in constructing, maintaining, or repairing highways is in the discretion of the highway authorities, whereas the state legislature determines their routes. The designation and location of a federally-aided state highway must be in accordance with federal and state law. A state, in its construction of a highway under the federal-aid primary system might be required to obtain the approval of federal agencies if the highway has a marked effect on the environment. The authorities may make provisions for the drainage of surface waters and for the building of ditches and culverts.

The construction and repair of public roads may be funded by general taxation, since the public roads are for a public purpose. The power to impose highway taxes vests in the legislature, and funds may be raised from vehicle taxes, gasoline taxes, property taxes, the sale of bonds, or by special assessments on the property for the amount necessary to cover the costs of construction or improvement.

In 1998 Congress enacted a law (Transportation Equity Act for the 21st Century, Public Law (105-178) that required states to enact .08 as the blood alcohol count (BAC) needed to constitute the crime of driving while intoxicated. States that do not lower their BAC to meet this standard would lose federal highway funds. By 2003 two-thirds of the states had met this new federal standard.

The U.S. Transportation Department, established by Congress, works with the states to establish and maintain a national highway system (23 U.S.C.A. § 101 et seq.). Federal revenues pay for most of the national highway system. Congress may withhold portions of these funds if states do not enact certain laws related to highways or highway use and affecting inter-state commerce. For example, Congress may withhold funding if a state does not set the minimum age for alcohol consumption at 21 years; suspend, for at least six months, the driver's license of persons convicted of drug offenses; or prohibit driving under the influence of alcohol.

Obstruction

Any unauthorized obstruction that hinders the use of a public highway, such as a fence, gate, or ditch, is illegal and constitutes a Nuisance. Officials may, however, lawfully obstruct highways temporarily under their jurisdictions for a reasonable period to make necessary repairs or improvements. Anyone who causes or allows an obstruction to be placed on a public highway is liable and may be enjoined to compel its removal.

In addition, the authorities or private individuals who have sustained special damages—financial or other losses that differ from those incurred by the public—may sue for damages against one who obstructs a highway. What constitutes special damages is dependent upon the facts of each case. Special injury might exist where the obstruction blocks access to the plaintiff's property. In a number of jurisdictions the obstruction of highways is a criminal offense.

Use

The state has the power to control and regulate the use of public highways, provided its regulations do not constitute an unreasonable interference with the right of travel or impede interstate commerce. The state may determine the character of motor vehicles that use its highways and may properly exclude vehicles weighing in excess of a maximum set by statute. A reasonable tax may be imposed on vehicles based on their excess weight in order to compensate the state for the additional costs of maintaining the highway as a result of the severe wear and tear placed on the road by such vehicles. To protect the public health, the state may prohibit trucks that transport chemicals or explosives from driving through populated or residential areas. The secretary of transportation regulates the safety performance of all commercial motor carriers transporting explosives or dangerous articles, such as flammable or radioactive materials, in interstate or foreign commerce. The state may restrict the speed of vehicles, or proscribe parking alongside the highway except in emergencies. Bicycles used on highways may be subject to reasonable restrictions, such as the requirement that they be equipped with lights at night.

The law of the road is composed of a system of rules and regulations based upon the traditional practices and customs that govern safe travel on highways. The law is often embodied in statutes or government regulations and is regarded as being so well-known that there is a legal presumption that everyone knows it. Highway travelers, therefore, may properly make the assumption that other travelers will observe the law and comply with rules and regulations. When an individual fails to observe the law of the road without justification, he or she will be held liable for injuries precipitated by the Negligence. A violation of a particular rule of the road may be justified by special circumstance.

Cross-references

Automobiles; National Transportation Safety Board.

highway

n. any public street, road, turnpike or canal which any member of the public has the right to use, provided he/she/it follows the laws governing its use, such as having a driver's license if operating a vehicle. Thus, the use is really a privilege and not an absolute right.

highway

a road or way over which the public may pass as of right. It may be over land or water. Highways are created by statute, dedication or prescription. Preventing the public from freely, safely and conveniently passing along the highway may be a nuisance. Obstruction of the highway is an offence. See REGALIA MINORA.

HIGHWAY. A passage or road through the country, or some parts of it, for the use of the people. 1 Bouv. Inst. n. 442. The term highway is said to be a generic name for all kinds of public ways. 6 Mod R, 255.
2. Highways are universally laid out by public authority and repaired at the public expense, by direction of law. 4 Burr. Rep. 2511.
3. The public have an easement over a highway, of which the owner of the land cannot deprive them; but the soil and freehold still remain in the owner, and he may use the land above and below consistently with the easement. He may, therefore, work a mine, sink a drain or water course, under the highway, if the easement remains unimpaired. Vide Road; Street; Way; and 4 Vin. Ab. 502; Bac. Ab. h.t.; Com. Dig. Chemin; Dane's Ab. Index, h.t.; Egremont on Highways; Wellbeloved on Highways; Woolrych on Ways; 1 N. H. Rep. 16; 1 Conn. R. 103; 1 Pick. R. 122; 1 M'Cord's R. 67; 2 Mass. R. 127; 1 Pick. R. 122; 3 Rawle, R. 495; 15 John. R. 483; 16 Mass. R. 33; 1 Shepl. R. 250; 4 Day, R. 330; 2 Bail. R. 271; 1 Yeates, Rep. 167.
4. The owners of lots on opposite sides of a highway, are prima facie owners, each of one half of the highway,, 9 Serg. & Rawle, 33; Ham. Parties, 275; Bro. Abr. Nuisance, pl. 18 and the owner may recover the possession in ejectment, and have it delivered to him, subject to the public easement. Adams on Eject. 19, 18; 2 Johns. Rep. 357; 15 Johns. Rep. 447; 6 Mass. 454; 2 Mass. 125.
5. If the highway is impassable, the public have the right to pass over the adjacent soil; but this rule does not extend to private ways, without an express grant. Morg. Vad. Mec. 456-7; 1 Tho. Co. Lit. 275; note 1 Barton, Elem. Conv. 271; Yelv. 142, note 1.

highway

high·way

highway

high•way

highway

highway

highway

high

highway

my way or the highway

highways and byways

(as) hot as highway blacktop

highway robbery

highway robbery

highways and byways

highway robbery

highway robbery

daylight robbery

ˌhighways and ˈbyways

ˌmy way or the ˈhighway

highway robbery

as hot as highway blacktop

highway

highway:

Highway

REFERENCES

highway

highway

Highway

Extended Use or Prescription

Statute

Public Authorities

Abandonment, Alteration, and Vacation

Title

Construction and Maintenance

Obstruction

Use

Further readings

Cross-references

highway

highway

highway

Synonyms for highway

noun main road

Synonyms

Synonyms for highway

noun a course affording passage from one place to another

Synonyms

Synonyms for highway

noun a major road for any form of motor transport

Synonyms

Related Words