Manhole covers - those slippery metal discs hated by bikers - appear to have been breeding in Cambridgeshire, with a recent report saying one road in the county has 200 of them per mile. Two hundred!

There can be no doubt that manhole covers are a danger to motorcyclists. The amount of contact a motorcycle has with the road is minimal, so grip is vitally important. Manhole covers usually have less grip, can be smooth and slippery, and are often in the middle of traffic lanes and on bends.

Currently, manhole covers are designed for durability rather than grip, and as they become worn they cause motorbikes, scooters and bicycles to skid and crash.

While local authorities and highways agencies are responsible for the road, utilities companies put down more than 90% of manhole covers. 

The New Roads and Street Works Act 1991 regulates street works carried out by utilities companies, including maintenance and repair of manhole covers. 

Utilities companies have a duty to maintain manhole covers to the reasonable satisfaction of the highway authority. Where a utility company has been negligent in the execution of its powers under the Act, or where they have been negligent in performing the works and that negligence causes personal injury, the utility company will be liable in damages.

If a highway authority knows or should have known that the utility company has failed to maintain or repair adequately or at all, the highway authority itself may be liable under s.41 of the Highways Act, which states: "The authority who are for the time being the highway authority for a highway maintainable at public expense are under a duty...to maintain the highway." 

In the recent case of Hertfordshire CC v Veolia Water Central Ltd (formerly Three Valleys Water Plc), Court of Appeal (Civil Division), 27 July 2010, there was a dispute over who should be responsible for emergency repairs.

It was stated that the local authority was the relevant street authority under the New Roads and Street Works Act 1991 for the street in which the manhole was located, and therefore the work done by the local authority came within the definition of 'emergency works' in s.52 of the Act. The local authority could then claim back the cost of repair from the utility company concerned. 

Non-slip manhole covers have enhanced grip equal to the surrounding road surface. There are a number of manufacturers able to produce covers that give good levels of grip, most of which lasts several years.

Some councils are now looking at these for their roads, but other councils still don't have or use non-slip manhole covers, and aren't even trialling them.

So remember: manhole covers are a hazard, and you should take the utmost care when you see them in the road.

You can view our recently published article on what duty does the local highway authority owe you for the conditions of the road?.

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