40Statutory duty to inspect, maintain and repair public roads

40 Statutory duty to inspect, maintain and repair public roads (1) Subject to Part 6, a road authority has a statutory duty to inspect, maintain and repair a public road— (a) to the standard specified in the road management plan for that public road or a specified class of public roads which includes that public road; or (b) if paragraph (a) does not apply, to the standard specified in a policy in respect of that public road; or S. 40(1)(c) amended by No. 39/2004 s. 266. (c) if no standard is specified for that public road or in relation to a particular matter, to a reasonable level having regard to the matters specified in paragraphs (a) to (e) of section 101(1). Section 101 sets out principles for determining whether there is a duty of care and if there is a duty of care, the standard of care. (2) The statutory duty imposed by subsection (1) does not create a duty to upgrade a road or to maintain a road to a higher standard than the standard to which the road is constructed. (3) The statutory duty to inspect applies to any part of a public road which is— (a) a roadway; (b) a pathway; (c) a shoulder; (d) road infrastructure. (4) The statutory duty to inspect does not apply to— (a) a road which is not a public road; or S. 40(4)(b) amended by No. 41/2020 s. 11. (b) any roadside or other area of a public road that has not been developed by or on behalf of a road authority, the State or a relevant State body for use by the public as a roadway or pathway; or (c) non-road infrastructure which is installed in the road reserve. (5) A road authority has a discretionary power to inspect, maintain or repair a road which is not a public road but this Act is not to be construed as imposing a duty to do so. Example to s. 40(5) amended by Nos 17/2009 s. 12(11), 41/2020 s. 13(2). A road authority has a duty to maintain its roadways and pathways on a public road for use by vehicles and pedestrians. However, a road authority is not under a duty to maintain roadside bushland for public use and is not responsible for maintaining non road‑related infrastructure such as poles, cables and pipes which are the responsibility of the relevant utility, provider of public transport or infrastructure manager. 1. A road authority may have a duty under other Acts in relation to the management of land in the road reserve. See also section 5(6). 2. See clause 6 of Schedule 7 as to the maintenance of non-road infrastructure.