(1) A person who, without
lawful authority or excuse, so disturbs the surface of:
(c) any other highway which consists of or
comprises a carriageway other than a made-up carriageway,
as to render it inconvenient for the exercise of the public
right of way is guilty of an offence and liable to a fine not
exceeding level 3 on the standard scale.
(2) Proceedings for an offence under this section
shall be brought only by the highway authority or the council of
the non-metropolitan district, parish or community in which the
offence is committed; and, without prejudice to section 130
(protection of public rights) above, it is the duty of the
highway authority to ensure that where desirable in the public
interest such proceedings are brought.