41Power to determine standard of construction, inspection, maintenance and repair

41 Power to determine standard of construction, inspection, maintenance and repair S. 41(1) amended by No. 41/2020 s. 13(3). (1) The relevant road authority may determine the standard to which the relevant road authority will construct, inspect, maintain and repair roadways, pathways, road infrastructure and road‑related infrastructure. (2) Without limiting the generality of this section, the relevant road authority may determine— S. 41(2)(a) amended by No. 41/2020 s. 13(3). (a) in relation to construction, the nature of the construction of any roadway, pathway, road infrastructure or road‑related infrastructure; (b) in relation to inspection, the inspection of specified matters at specified intervals; (c) in relation to maintenance— (i) the maintenance programs; (ii) the maintenance work to be performed in the course of regular maintenance; (iii) the standard to which the maintenance is to be performed; (d) in relation to the repair of defects reported or found on inspection— (i) the matters which are to be treated as defects which require repair or a warning; (ii) the circumstances in which intervention action is to be taken with respect to repair needs for defects; (iii) the type of intervention action to be taken; (iv) the period of time within which the intervention action is to be taken; (v) the priority to be given to the intervention action. (3) For the purposes of subsection (2), ***intervention action*** includes any action to conduct repairs, erect warning signs or reduce or remove a risk. (4) In determining standards under this section, a relevant road authority must have regard to— (a) the principal object of road management; and (b) the works and infrastructure management principles; and (c) any relevant direction made under section 22; and (d) any relevant Code of Practice; and (e) any relevant policy or policy decision under section 39. The relevant road authority may determine that a road is to be constructed— • with an unmade roadway or a sealed roadway; • if sealed, with a seal of a particular thickness or quality; • with sealed shoulders or unsealed shoulders; • with kerbs or drains or without kerbs and drains; • with or without pathways for pedestrians or cyclists. The relevant road authority may determine for the purposes of its duty to maintain public roads that— • a particular class of roadway is to be inspected for potholes at specified intervals; • footpaths are to be inspected for cracks at specified intervals; • a defect such as a crack in a footpath is to be repaired if it reaches a particular size; • a schedule be developed of priorities and targets for intervention action having regard to the relative risks of defects of various kinds and in various locations. Codes of Practice under this Act may give practical guidance about the exercise of these powers. (5) A standard determined under this section may be determined— (a) as a policy or policy decision under section 39; (b) in a road management plan.