Div 5Liability of road authorities

Division 5—Liability of road authorities 42—Liability of road authorities (1) A road authority is not liable in tort for a failure— (a) to maintain, repair or renew a road; or (b) to take other action to avoid or reduce the risk of harm that results from a failure to maintain, repair or renew a road. (2) In this section— road means a street, road or thoroughfare to which public access is available to vehicles or pedestrians (or both), and includes— (a) a bridge, viaduct, busway (including the O-Bahn) or subway; (b) an alley, laneway or walkway; (c) a carpark; (d) a footpath; (e) a structure associated with a road; road authority means— (a) a body or person in which the ownership of a road is vested by statute, or to which the care, control and management of a road is assigned by statute; or (b) if the road is on land of the Crown—the Crown or the Minister responsible for the care, control and management of the land; or (c) any other public authority or public body that is in fact responsible for the care, control and management of a road; vehicle includes— (a) a motor vehicle; (b) a bicycle; (c) an animal that is being ridden; (d) an animal that is being used to draw a vehicle, but does not include a tram or other vehicle (except an O-Bahn bus) that is driven on a fixed track.