Liability for damage to road infrastructure
131 Liability for damage to road infrastructure
Each responsible person for a vehicle is jointly and severally liable in damages to a road authority for any expense or loss incurred by that road authority because of damage to road infrastructure caused by, or happening as a result of —
the use of the vehicle on a road; or
the passage along a road of the vehicle or of anything carried, drawn, or propelled by the vehicle.
Those damages may be recovered by proceedings in a court of competent jurisdiction.
If any damage of a kind mentioned in subsection (1) causes a hazard to other traffic, the person in charge of the vehicle —
must immediately place a conspicuous warning mark or sign on or near the road infrastructure that is damaged; and
must, as soon as practicable, inform the officer in charge of the nearest police station of the damage.
Penalty for this subsection: a fine of 50 PU.
In any proceedings for the recovery of damages under this section a certificate of the kind mentioned in section 110(4) is evidence for the purposes of proving who is a responsible person for the vehicle as though the proceedings were a prosecution for an offence.
[Section 131 amended: No. 15 of 2024 s. 37.]
This Act’s bill:Explanatory memorandumSecond reading speech
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