101Principles concerning performance of road management functions

101 Principles concerning performance of road management functions (1) In determining whether a road authority, infrastructure manager or works manager has a duty of care or has breached a duty of care in respect of the performance of a road management function, a court is to consider the following principles (amongst other relevant things including the principles specified in section 83 of the **Wrongs Act 1958**)— (a) the character of the road and the type of traffic that could reasonably be expected to use the road; (b) the standard of maintenance and repair appropriate for a road of that character used by traffic of that type; (c) the state of repair in which a reasonable person would have expected to find a road or infrastructure of that character; (d) whether the road authority, infrastructure manager or works manager knew, or could reasonably be expected to have known, the condition of the road or infrastructure at the time of the relevant incident; (e) in the case where the road authority, infrastructure manager or works manager could not have reasonably been expected to repair the road or infrastructure or take other preventative measures before the relevant incident, whether the road authority, infrastructure manager or works manager did display, or could be reasonably expected to have displayed, appropriate warnings. S. 101(2) amended by No. 95/2005 s. 13(2)(c). (2) Subsection (1) applies to the EastLink Corporation as if the reference to the principles specified in section 83 of the **Wrongs Act 1958** were excluded. S. 101(3) inserted by No. 70/2012 s. 9. (3) Subsection (1) applies to the Peninsula Link Freeway Corporation as if the reference to the principles specified in section 83 of the **Wrongs Act 1958** were excluded. S. 101(4) inserted by No. 8/2019 s. 137. (4) Subsection (1) applies to the West Gate Tunnel Corporation as if the reference to the principles specified in section 83 of the **Wrongs Act 1958** were excluded. S. 101(5) inserted by No. 8/2019 s. 137. (5) Subsection (1) applies to the Link corporation as if the reference to the principles specified in section 83 of the **Wrongs Act 1958** were excluded. S. 101(6) inserted by No. 8/2019 s. 137. (6) Subsection (1) applies to the Extension corporation as if the reference to the principles specified in section 83 of the **Wrongs Act 1958** were excluded. S. 101(7) inserted by No. 18/2020 s. 148. (7) Subsection (1) applies to a North East Link operator as if the reference to the principles specified in section 83 of the **Wrongs Act 1958** were excluded. S. 102 inserted by No. 39/2004 s. 270(1).