Ian 'Digger' Beesley claims a loophole in the law means he can legally rip up a road hump outside his Oxford home if council workers decide to re-lay it.
Yesterday, the builder was charged with criminal damage to the road surface in Ferry Hinksey Lane, off the Botley Road.
The hump was part of a £90,000 traffic calming measures put down last month by Oxfordshire County Council.
But Mr Beesley said that if it reappeared he would use a pneumatic drill to destroy it, without being threatened by legal action.
He said: "They can do me for criminal damage to the road surface, but not to the hump. If I don't damage the surface of the road, then I've taken the hump up legally and they can't do anything about it."
Colin Carritt, county council engineer for the area, dubbed Mr Beesley's loophole claim "nonsense".
He said: "I don't think anyone can damage something that is public or private property without being rightly punished for it."
Mr Beesley hopes to use European human rights legislation to help his case.
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