According to new data analysed by the RAC, pothole compensation claims rose 91% in just three years, climbing from 27,731 in 2021 to 53,015 in 2024. The latest results from the Asphalt Industry Alliance’s (AIA) Annual Local Authority Road Maintenance (ALARM) survey shows that roads in England and Wales are resurfaced on average once every 97 years, against a recommended frequency of between 10 and 20 years and the backlog of carriageway repairs has increased to a record high of £18.62 billion.
Highway authorities find themselves in an unenviable position and the problem is set to worsen. Electric vehicles are roughly 20% to 30% heavier than petrol and diesel equivalents placing greater stress on road surfaces. The Met Office has warned of more frequent wet autumns and winters, increasing the freeze-thaw cycles that drive pothole formation. As such, the traditional reactive model of highway maintenance is no longer sustainable.
A new generation of technologies and materials is reshaping how authorities discharge their statutory duties. This article examines four interconnected areas: AI-driven inspections, predictive modelling, advanced repair materials, and public-facing defect reporting applications.
1. AI-driven inspection technologies
Vehicle-mounted cameras, LiDAR (Light Detection and Ranging) sensors, and accelerometers now collect high-resolution data across entire road networks at normal traffic speeds. Machine learning algorithms process this data in near real-time, identifying and classifying defects including cracking, rutting, potholes, ironwork displacement, and road marking conditions.
The technology is already in active use by local authorities:
- Hertfordshire County Council has deployed vehicle-mounted AI survey technology.
- Surrey County Council now relies solely on AI for its highway inspections.
- Kent County Council has explored AI-based monitoring as part of broader digital transformation work.
- Bristol City Council and several combined authority areas have piloted AI-assisted inspection as part of Smart City initiatives.
- Transport for London has invested significantly in AI-driven monitoring.
- Gloucestershire County Council is currently trialling AI-based camera technology including for previously under-surveyed unclassified routes.
The technology is proven; the challenge is scaling it consistently across local government.
Under the Highways Act 1980, liability is closely tied to the adequacy and frequency of inspection regimes. Authorities demonstrating a systematic, AI-enhanced inspection programme are better placed to mount a section 58 defence than those relying on periodic manual surveys. AI also removes subjectivity: where human inspectors may differ on whether a pothole meets the intervention threshold, an algorithm applies the same criteria consistently.
2. Predictive modelling and deterioration forecasting
Knowing the current condition of a road network is valuable. Knowing how it will deteriorate over the coming months and years and being able to model the cost consequences of different intervention strategies, is transformative.
Using machine learning models, authorities can generate deterioration curves for individual road sections, forecasting when they are likely to cross intervention thresholds.
Rather than creating a list of reactive repairs, officers can present scenario-modelled outputs — shifting the dialogue from tactical to strategic and introducing financial accountability at committee level.
3. Advanced materials for rapid and durable pothole repair
The limitations of traditional cold-mix asphalt are well documented: low durability in wet or cold conditions, susceptibility to early failure, and the need for repeat visits. Each failed repair represents wasted resource and renewed liability exposure. More durable alternatives include:
- Polymer-modified bituminous mixes, improving flexibility, adhesion, and resistance to thermal cycling.
- Spray injection repair systems, delivering pre-coated aggregate under pressure without manual compaction, with durability significantly exceeding hand-placed cold-mix.
- Two-component polyurethane repair systems, increasingly used for ironwork surrounds, curing rapidly and enabling roads to reopen within minutes.
- Self-healing materials, whilst still largely at research and early adoption stage, represent a longer-term horizon.
A whole-life cost analysis consistently shows that higher-specification products are better value, once failure rates, follow up visits and traffic management costs are taken into account. That will mean short term pain for long term gain.
4. Real-time defect reporting applications
Applications such as FixMyStreet enable members of the public to report defects via smartphone, with more recent bespoke authority portals integrating directly with asset management systems for automatic logging, triage, and crew assignment.
The legal implications of public defect reporting warrant careful consideration. When a member of the public submits a report of a defect, particularly one accompanied by a photograph with metadata, this creates a documented record that the authority was on notice of the defect at a specific date and time.
Failure to inspect and, where appropriate, repair that defect within the timeframe stipulated by the authority's own inspection and intervention policies will significantly undermine any section 58 defence in subsequent litigation.
Integration between reporting applications and works management systems, with timestamped audit records of every action taken, is therefore not merely operationally convenient, it is legally prudent.
Investment in technology
The Court of Appeal in Wilkinson v York City Council [2011] made clear that budgetary constraints are not a defence under section 41 of the Highways Act 1980. The duty to maintain is absolute.
This has particular resonance for AI-driven inspections. An authority that identifies defects through quarterly AI inspections but lacks the capacity to act on them promptly may face a greater legal risk than one that holds less data. Investment in technology-assisted inspection and maintenance is the foundation of any credible legal defence.
As we know from the AIA’s ALARM survey, bringing roads up to a reasonable standard is estimated to require over £18 billion and would take 12 years to complete. Until that becomes feasible, AI and innovation offer the most credible path to efficiency and legal resilience. The question is no longer whether to adopt these technologies, but how quickly and how comprehensively to do so.
