Victorian Consolidated Legislation

Road Management Act 2004 - SECT 41

Power to determine standard of construction, inspection, maintenance and repair

41. Power to determine standard of construction, inspection, maintenance and
repair



(1) The relevant road authority may determine the standard to which the
relevant road authority will construct, inspect, maintain and repair roadways,
pathways, road infrastructure and road related infrastructure.

(2) Without limiting the generality of this section, the relevant road
authority may determine-

   (a)  in relation to construction, the nature of the construction of any
        roadway, pathway, road infrastructure or road related infrastructure;

   (b)  in relation to inspection, the inspection of specified matters at
        specified intervals;

   (c)  in relation to maintenance-

   (i)  the maintenance programs;

   (ii) the maintenance work to be performed in the course of regular
        maintenance;

   (iii) the standard to which the maintenance is to be performed;

   (d)  in relation to the repair of defects reported or found on inspection-

   (i)  the matters which are to be treated as defects which require repair or
        a warning;

   (ii) the circumstances in which intervention action is to be taken with
        respect to repair needs for defects;

   (iii) the type of intervention action to be taken;

   (iv) the period of time within which the intervention action is to be
        taken;

   (v)  the priority to be given to the intervention action.

(3) For the purposes of subsection (2), intervention action includes any
action to conduct repairs, erect warning signs or reduce or remove a risk.

(4) In determining standards under this section, a relevant road authority
must have regard to-

   (a)  the principal object of road management; and

   (b)  the works and infrastructure management principles; and

   (c)  any relevant direction made under section 22; and

   (d)  any relevant Code of Practice; and

   (e)  any relevant policy or policy decision under section 39.

Examples The relevant road authority may determine that a road is to be
constructed- · with an unmade roadway or a sealed roadway; · if sealed, with a
seal of a particular thickness or quality; · with sealed shoulders or unsealed
shoulders; · with kerbs or drains or without kerbs and drains; · with or
without pathways for pedestrians or cyclists.

The relevant road authority may determine for the purposes of its duty to
maintain public roads that- · a particular class of roadway is to be inspected
for potholes at specified intervals; · footpaths are to be inspected for
cracks at specified intervals; · a defect such as a crack in a footpath is to
be repaired if it reaches a particular size; · a schedule be developed of
priorities and targets for intervention action having regard to the relative
risks of defects of various kinds and in various locations. Note Codes of
Practice under this Act may give practical guidance about the exercise of
these powers.

(5) A standard determined under this section may be determined-

   (a)  as a policy or policy decision under section 39;

   (b)  in a road management plan.