102Limitations on liability of road authority

102 Limitations on liability of road authority (1) Subject to this section, a road authority is not liable in any proceeding for damages, whether for breach of the statutory duty imposed by section 40 or for negligence, in respect of any alleged failure by the road authority— (a) to remove a hazard or to repair a defect or deterioration in a road; or (b) to give warning of a hazard, defect or deterioration in a road. (2) Subsection (1) does not apply if, at the time of the alleged failure, the road authority had actual knowledge of the particular risk the materialisation of which resulted in the harm. (3) For the purposes of subsection (2), the road authority is to be taken to have had actual knowledge of the particular risk if it is proven in the proceedings that the deterioration in the road had been reported in writing to the road authority under section 115. (4) This section does not affect any liability of a road authority arising out of a breach of the duty to inspect a public road imposed by section 40. S. 103 inserted by No. 39/2004 s. 270(1).