
noun
A main road or thoroughfare, such as a street, boulevard, or parkway, available to the public for use for travel or transpor- tation.
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 long 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 in 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 affect 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 benefited only for the amount necessary to cover the costs of construction or improvement.
The U.S. Department of Transportation, 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 interstate commerce. For example, Congress may withhold funding if a state does not set the minimum age for alcohol consumption at twenty-one 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 comprised 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.
See: automobiles.
The highway of life is always under construction.
— Robert G. Pedersen
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A highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term (which is not particularly common) designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a "highway transportation system". Each country has its own national highway system.
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Major highways are often named and numbered by the governments that typically develop and maintain them. Australia's Highway 1 is the longest national highway in the world at over 14,500 km (9,000 mi) and runs almost the entire way around the continent. The United States has the world's largest network of highways, including both the Interstate Highway System and the U.S. Highway System. At least one of these networks is present in every state and they interconnect most major cities. Some highways, like the Pan-American Highway or the European routes, span multiple countries. Some major highway routes include ferry services, such as U.S. Route 10, which crosses Lake Michigan.
Traditionally highways were used by people on foot or on horses. Later they also accommodated carriages, bicycles and eventually motor cars, facilitated by advancements in road construction. In the 1920s and 1930s many nations began investing heavily in progressively more modern highway systems to spur commerce and bolster national defense.
Major modern highways that connect cities in populous developed and developing countries usually incorporate features intended to enhance the road's capacity, efficiency, and safety to various degrees. Such features include a reduction in the number of locations for user access, the use of dual carriageways with two or more lanes on each carriageway, and grade-separated junctions with other roads and modes of transport. These features are typically present on highways built as motorways (freeways).
In English law, parliament and more formal situations the term is used to denote any public road used which include streets and lanes as well as main roads, trunk roads and motorways. Acts of parliament have used the term throughout history from the Highways Act 1555 through to the Highways Act 1980. The rules of the road are outlined in the Highway Code.
In England and Wales, a "Public Highway" is a road or footpath over which the public has the right of access, i.e. the opposite of a "private road".
In American law, the word "highway" is sometimes used to denote any public way used for travel, whether major highway, freeway, turnpike, street, lane, alley, pathway, dirt track, footpaths, and trails, and navigable waterways;[citation needed] however, in practical and useful meaning, a "highway" is a major and significant, well-constructed road that is capable of carrying reasonably heavy to extremely heavy traffic.[citation needed] Highways generally have a route number designated by the state and federal road comptroller offices.[clarification needed]
California Vehicle Code, Sections 360, 590, define a "highway" as only a way open for use of motor vehicles, but the California Supreme Court has held that "the definition of 'highway' in the Vehicle Code is used for special purposes of that act," and that canals in the town of Venice, California, are "highways" that are entitled to be maintained with state highway funds.[citation needed]
Smaller roads may be termed byways.[1]
Modern highway systems developed in the 20th century as the automobile gained popularity. The world's first limited access road was constructed in Italy in 1922 (see autostrade).[2] Construction of the Bonn-Cologne autobahn began in 1929 and was opened in 1932 by the mayor of Cologne.[3]
The Special Roads Act 1949 in the United Kingdom provided the legislative basis for roads for restricted classes of vehicles (later termed motorway).[4] The first section of motorway in the UK opened in 1958 (part of the M6 motorway) and then in 1959 the first section of the M1 motorway.[5]
The Federal Aid Highway Act of 1921 (Phipps Act) enacted a fund to create an extensive highway system within the USA. In 1922 the Pershing map, the first blueprint for a national highway system, was created. This was eventually extended and followed by the Federal Aid Highway Act of 1956, appropriating $25 billion for the construction of 41,000 miles (66,000 km) of Interstate Highways over a 20-year period.[6]
Reducing travel times relative to city or town streets, modern highways with limited access and grade separation create increased opportunities for people to travel for business, trade or pleasure and also provide trade routes for goods. Modern highways reduce commute and other travel time but additional road capacity can also create new induced traffic demand. If not accurately predicted at the planning stage, this extra traffic may lead to the new road becoming congested sooner than anticipated. More roads add on to car-dependence, which can mean that a new road brings only short-term mitigation of traffic congestion.
Where highways are created through existing communities, there can be reduced community cohesion and more difficult local access. Consequently property values have decreased in many cutoff neighborhoods, leading to decreased housing quality over time.
In transport, demand can be measured in numbers of journeys made or in total distance travelled across all journeys (e.g. passenger-kilometres for public transport or vehicle-kilometres of travel (VKT) for private transport). Supply is considered to be a measure of capacity. The price of the good (travel) is measured using the generalised cost of travel, which includes both money and time expenditure.
The effect of increases in supply (capacity) are of particular interest in transport economics (see induced demand), as the potential environmental consequences are significant (see externalities below).
In addition to providing benefits to their users, transport networks impose both positive and negative externalities on non-users. The consideration of these externalities - particularly the negative ones - is a part of transport economics. Positive externalities of transport networks may include the ability to provide emergency services, increases in land value and agglomeration benefits. Negative externalities are wide-ranging and may include local air pollution, noise pollution, light pollution, safety hazards, community severance and congestion. The contribution of transport systems to potentially hazardous climate change is a significant negative externality which is difficult to evaluate quantitatively, making it difficult (but not impossible) to include in transport economics-based research and analysis. Congestion is considered a negative externality by economists.[7]
Highways are extended linear sources of pollution:
Roadway noise increases with operating speed so major highways generate more noise than arterial streets. Therefore, considerable noise health effects are expected from highway systems. Noise mitigation strategies exist to reduce sound levels at nearby sensitive receptors. The idea that highway design could be influenced by acoustical engineering considerations first arose about 1973.[8][9]
Air quality issues: Highways may contribute fewer emissions than arterials carrying the same vehicle volumes. This is because high, constant-speed operation creates an emissions reduction compared to vehicular flows with stops and starts. However, concentrations of air pollutants near highways may be higher due to increased traffic volumes. Therefore, the risk of exposure to elevated levels of air pollutants from a highway may be considerable, and further magnified when highways have traffic congestion.
New highways can also cause habitat fragmentation, encourage urban sprawl and allow human intrusion into previously untouched areas, as well as (counterintuitively) increasing congestion, by increasing the number of intersections. They can also reduce the use of public transport, indirectly leading to greater pollution.
High-occupancy vehicle lanes are being added to some newer/reconstructed highways in North America and other countries around the world to encourage carpooling and mass-transit. These lanes help reduce the number of cars on the highway and thus reduces pollution and traffic congestion by promoting the use of carpooling in order to be able to use these lanes. However, they tend to require dedicated lanes on a highway, which makes them difficult to construct in dense urban areas where they are the most effective.
Road traffic safety aims to reduce the harm (deaths, injuries, and property damage) on the highway system from traffic collisions and includes the design, construction and regulation of the roads, the vehicles that use them and also the training of drivers and other road-users. Improvement of road safety needs to be balanced with the provision of an effective efficient transport system. A report published by the World Health Organization in 2004 estimated that some 1.2m people were killed and 50m injured on the roads around the world each year[10] and was the leading cause of death among children 10 – 19 years of age. The report also noted that the problem was most severe in developing countries and that simple prevention measures could halve the number of deaths.[11] For reasons of clear data collection, only harm involving a road vehicle is included.[citation needed] A person tripping with fatal consequences or dying for some unrelated reason on a public road is not included in the relevant statistics.
The United States has the world's largest network of highways, including both the Interstate Highway System and the U.S. Highway System. At least one of these networks is present in every state and they interconnect most major cities.
China's highway network is the second most extensive in the world, with a total length of about 3.573 million km.[12][13][14][15][16][17] China's expressway network is also the second longest in the world, and it is quickly expanding, stretching some 85,000 km at the end of 2011.[18] In 2008 alone, 6,433 km expressways were added to the network.[19]
Some countries incorporate bus lanes onto highways.
| Country | Highway | Bus lanes (km) | Section |
|---|---|---|---|
| Canada | Ontario Highway 417 | 7 | Eagleson Road – Ontario Highway 417 (Ottawa) |
| Canada | Ontario Highway 403 | 6 | Mavis Road – Winston Churchiil Blvd. (Mississauga) |
| South Korea | Gyeongbu Expressway | 137.4 | Hannam IC(Seoul) ~ Sintanjin IC(Daejeon) |
In South Korea, in February 1995 - Bus lane (essentially an HOV-9) established between the northern terminus and Sintanjin for important holidays and in 1 July 2008 - Bus lane enforcement between Seoul and Osan (Sintanjin on weekends) becomes daily between 6 AM and 10 PM. On 1 October this is adjusted to 7 AM to 9 PM weekdays, 9 AM to 9 PM weekends.
In Hong Kong, some highways are set up with bus lanes to solve the traffic congestion.
| district | Highway | Section |
|---|---|---|
| Tuen Mun | Tuen Mun Road | So Kun Wat to Sam Tseng |
| Sha Tin | Lion Rock Hill Tunnel | The entry of the tunnel |
Traffic Congestion was a principal problem in major roads and highways in the Philippines, especially in Metro Manila and other major cities. The government decided to set up some bus lanes in Metro Manila like in the Epifanio delos Santos Avenue.
The Pan-American Highway where it serves as the main street in Máncora, Peru
Highway A1 near Bologna, Italy with 10 lanes
Highway 401 in Oshawa, Ontario
The Metropolitan Expressway in Tokyo, Japan
A typical expressway in Mainland China
3/4 highway interchange in Dubai, United Arab Emirates
A highway in Tehran
32-lane toll plaza at an Indian expressway
Highway 404 southbound, with HOV lanes
A highway in Kuwait City
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27. Ontario Super Highway Program (June 19, 2011) http://cornwallfreenews.com/2011/06/letter-to-the-editor-erhardt-peper-of-new-dundee-ontario-wants-an-ontario-super-highway-system-june-18-2011/
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This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
Dansk (Danish)
n. - hovedvej, bus
idioms:
Nederlands (Dutch)
snelweg, rijweg
Français (French)
n. - (GB) route nationale, (US) autoroute
idioms:
Deutsch (German)
n. - öffentliche Straße, Landstraße
idioms:
Ελληνική (Greek)
n. - εθνική οδός, δημοσιά
idioms:
idioms:
Português (Portuguese)
n. - estrada (f) de rodagem
idioms:
idioms:
Español (Spanish)
n. - carretera, autopista, vía pública
idioms:
Svenska (Swedish)
n. - huvudväg, (stor) landsväg, led (äv. till sjöss), kungsväg (bildl.)
中文(简体)(Chinese (Simplified))
公路, 直截的途径, 大道
idioms:
中文(繁體)(Chinese (Traditional))
n. - 公路, 直截的途徑, 大道
idioms:
한국어 (Korean)
n. - 간선 도로, 평탄한 길, 교통로
日本語 (Japanese)
n. - 幹線道路, 公道, 常道
idioms:
العربيه (Arabic)
(الاسم) طريق عام
עברית (Hebrew)
n. - כביש ראשי, כביש מהיר, דרך, מסלול פעולה ישיר, מסלול ראשי
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