Editing Highway (section)

=== England and Wales ===
The general legal definition deals with right of use, not the form of construction; this is distinct from e.g. the popular use of the word in the US. A highway is defined in English [[common law]] by a number of similarly worded definitions such as "a way over which all members of the public have the right to pass and repass without hindrance"<ref>Diplock LJ, Suffolk County Council v. Mason [1979] AC 705</ref> usually accompanied by "at all times"; ownership of the ground is for most purposes irrelevant, thus the term encompasses all such ways from the widest trunk roads in public ownership to the narrowest footpath providing unlimited pedestrian access over private land.

A highway might be open to all forms of lawful land traffic (e.g. vehicular, horse, pedestrian) or limited to specific modes of traffic; usually a highway available to vehicles is also available to foot or horse traffic, a highway available to horse traffic is available to cyclists and pedestrians; but there are exceptional cases in which a highway is only available to vehicles, or is subdivided into dedicated parallel sections for different users.

A highway can share ground with a private right of way for which full use is not available to the general public: for example farm roads which the owner may use for any purpose but for which the general public only has a right of use on foot or horseback. The status of ''highway'' on most older roads has been gained by established public use, while newer roads are typically ''dedicated'' as highways from the time they are adopted (taken into the care and control of a council or other public authority). In England and Wales, a public highway is also known as "''The King's Highway''".<ref>{{cite encyclopedia |year = 2013 |url = http://oxforddictionaries.com/definition/english/Queen%27s%2Bhighway |archive-url = https://web.archive.org/web/20130502093225/http://oxforddictionaries.com/definition/english/Queen%27s%2Bhighway |url-status = dead |archive-date = 2 May 2013 |title = Queen's highway |encyclopedia = Oxford Dictionaries |publisher = [[Oxford University Press]] }}</ref>

The core definition of a highway is modified in various legislation for a number of purposes but only for the specific matters dealt with in each such piece of legislation. This is typically in the case of bridges, tunnels and other structures whose ownership, mode of use or availability would otherwise exclude them from the general definition of a highway. Recent examples include toll bridges and tunnels which have the definition of ''highway'' imposed upon them (in a legal order applying only to the individual structure) to allow application of most traffic laws to those using them but without causing all of the general obligations or rights of use otherwise applicable to a highway.

Limited access highways for vehicles, with their own traffic rules, are called "motorways" in the UK.<ref>Defining Safe Automated Driving Insurer Requirements for Highway Automation Thatcham Research 2019.</ref>