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7 Cards in this Set
- Front
- Back
Defintion of Builder's Skips
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1 A builder's skip is a container,
2 designed to be carried on a road vehicle and 3 to be placed on a road, 4 for the disposal of builder's materials, 5 earth rubble or other waste. |
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Unauthorised Siting - offence one and two
Section 85 of The Roads (Scotland) Act 1984 |
1 without the written permission of the roads authority
2 in contravention of any conditions, impoeds on the siting of the skip, by the roads authority or |
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Unauthorised Siting - offence three and four
Section 85 of The Roads (Scotland) Act 1984 |
3 in contravention of certain provisions requiring special reflectors, and lighting during the hours of darkness
4 without being clearly marked with the owner's name and telephone number (or address) |
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Unauthorised Siting - Defence
Section 85 of The Roads (Scotland) Act 1984 |
It is a defence for the owner to prove that the unlawful deposit of a skip was done without their knowledge or consent.
If this is proved the person responsible for unlawfully depositing the skip can be charged as if the offender were the owner. |
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Unauthorised Siting - Police powers
Section 85 of The Roads (Scotland) Act 1984 |
a Constable in uniform may require the removal or repositioning of any builder's skip, which in their opinion is :-
1 causing, or likely to cause, an obstructions or 2 causing, or likely to cause, danger. |
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Unauthorised Siting - Police powers not complied with further action
Section 85 of The Roads (Scotland) Act 1984 |
If not moved the Constable may arrange for the removal of the skip. Any expenses incurred by the police authority can be reclaimed from the owner of the skip
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Unauthorised Siting - Police powers - v - Roads authority
Section 85 of The Roads (Scotland) Act 1984 |
Powers under this section can be carried out even if the skip was deposited on the road with the consent of the roads authority.
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