Victorian Consolidated Legislation

Road Management Act 2004 - SECT 40

Statutory duty to inspect, maintain and repair public roads

40. Statutory duty to inspect, maintain and repair public roads



(1) Subject to Part 6, a road authority has a statutory duty to inspect,
maintain and repair a public road-

   (a)  to the standard specified in the road management plan for that public
        road or a specified class of public roads which includes that public
        road; or

   (b)  if paragraph (a) does not apply, to the standard specified in a policy
        in respect of that public road; or

   (c)  if no standard is specified for that public road or in relation to a
        particular matter, to a reasonable level having regard to the matters
        specified in paragraphs (a) to (e) of section 101(1).

Note Section 101 sets out principles for determining whether there is a duty
of care and if there is a duty of care, the standard of care.

(2) The statutory duty imposed by subsection (1) does not create a duty to
upgrade a road or to maintain a road to a higher standard than the standard to
which the road is constructed.

(3) The statutory duty to inspect applies to any part of a public road which
is-

   (a)  a roadway;

   (b)  a pathway;

   (c)  a shoulder;

   (d)  road infrastructure.

(4) The statutory duty to inspect does not apply to-

   (a)  a road which is not a public road; or

   (b)  any roadside or other area of a public road that has not been
        developed by a road authority for use by the public as a roadway or
        pathway; or

   (c)  non-road infrastructure which is installed in the road reserve.

(5) A road authority has a discretionary power to inspect, maintain or repair
a road which is not a public road but this Act is not to be construed as
imposing a duty to do so.

Example A road authority has a duty to maintain its roadways and pathways on a
public road for use by vehicles and pedestrians. However, a road authority is
not under a duty to maintain roadside bushland for public use and is not
responsible for maintaining non-road related infrastructure such as poles,
cables and pipes which are the responsibility of the relevant utility or
infrastructure manager. Notes 1. A road authority may have a duty under other
Acts in relation to the management of land in the road reserve. See also
section 5(6). 2. See clause 6 of Schedule 7 as to the maintenance of non-road
infrastructure.