105Defence to prove that reasonable care was taken

105 Defence to prove that reasonable care was taken S. 105(1) amended by No. 74/2007 s. 78(1). (1) In any proceeding against a road authority for damages resulting from the performance or non‑performance of a road management function in respect of a public road it is a defence to prove that the road authority had taken such care as in all the circumstances was reasonably required to ensure that the relevant part of the public road was not dangerous for traffic. S. 105(2) amended by No. 74/2007 s. 78(2). (2) In any proceeding against an infrastructure manager or works manager for damages resulting from the performance or non-performance of a road management function in respect of non-road infrastructure it is a defence to prove that the infrastructure manager or works manager had taken such care as in all the circumstances was reasonably required to ensure that the relevant non-road infrastructure was not dangerous for traffic. (3) For the purposes of the defence referred to in subsection (1), a road authority is to be taken to have established the defence if the road authority proves to the satisfaction of the court that— (a) the road authority had a policy which addressed the matter which was a cause of the incident giving rise to the action; and (b) the road authority complied with the relevant part of the policy. 1. One of the ways in which a road authority may determine a policy with respect to its road management functions is by a road management plan: see section 52. 2. Section 27 enables a relevant Code of Practice to be used as evidence of the reasonableness of a policy or road management plan. (4) The defence referred to in subsection (1) or (2) does not prejudice any other defence or the application of the law relating to contributory negligence. S. 106 inserted by No. 39/2004 s. 270(1), amended by No. 5/2016 s. 14.