41Prohibition of traffic likely to cause damage to highways

### 41 Prohibition of traffic likely to cause damage to highways > > (1)  In this section, ***authorized officer***, in relation to a consent or report given for the purposes of this section, means an officer of the corporation authorized either generally or in a particular case to give a consent or report under this section. > > > (2)  Where it appears to the corporation, on a report by its engineer or an authorized officer of the corporation, that traffic or traffic of a particular kind, is likely, during a particular period, to injure seriously a highway under local management, it may, in accordance with this section, prohibit the use of the highway during that period by that traffic without the written consent of the corporation or of an authorized officer of the corporation. > > > (3)  Where it appears to the corporation, on a report by its engineer or an authorized officer of the corporation, that traffic of a particular kind is likely to injure seriously a highway under local management and that, without using that highway, there is a reasonably convenient alternative route for that traffic, the corporation may, in accordance with this section, prohibit the use of that highway by traffic of that kind without the written consent of the corporation or of an authorized officer of the corporation. > > > (4)  At least 7 days before imposing a prohibition under this section the corporation shall, except in an emergency, publish notice of the prohibition, indicating its effect, in a local newspaper circulating in the locality in which the highway is situated and may otherwise advertise the prohibition in such manner as it thinks fit. > > > (5)  Where a corporation imposes a prohibition under this section, it shall cause notice of the prohibition to be posted conspicuously on or near to the highway to which it relates. > > > (6)  *\[Section 41 Subsection (6) amended by No. 43 of 1991, s. 5 and Sched. 1 \]*A person who uses a highway, or causes a highway to be used, contrary to a prohibition under this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units. > > > (7)  It is a defence to a complaint for an offence under [subsection (6)](#GS41@Gs6@EN) that the corporation failed to comply with [subsection (5)](#GS41@Gs5@EN) .