ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 138 New section 17A inserted

ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 138

After section 17 of the Road Safety Act 1986 insert —

        '17A.     Obligations of road users

    (1)     A person who drives a motor vehicle on a highway must drive in a safe manner having regard to all the relevant factors, including (without limiting the generality) the—

        (a)     physical characteristics of the road;

        (b)     prevailing weather conditions;

        (c)     level of visibility;

        (d)     condition of the motor vehicle;

        (e)     prevailing traffic conditions;

        (f)     relevant road laws and advisory signs;

        (g)     physical and mental condition of the driver.

    (2)     A road user other than a person driving a motor vehicle must use a highway in a safe manner having regard to all the relevant factors.

    (3)     A road user must—

        (a)     have regard to the rights of other road users and take reasonable care to avoid any conduct that may endanger the safety or welfare of other road users;

        (b)     have regard to the rights of the community and infrastructure managers in relation to road infrastructure and non-road infrastructure on the road reserve and take reasonable care to avoid any conduct that may damage road infrastructure and non-road infrastructure on the road reserve;

        (c)     have regard to the rights of the community in relation to the road reserve and take reasonable care to avoid conduct that may harm the environment of the road reserve.

    (4)     In sub-section (3), "infrastructure manager", "non-road infrastructure", " road infrastructure" and " road reserve" have the same meanings as in section 3(1) of the Road Management Act 2004 .'.