17AObligations of road users

17A Obligations of road users S. 17A(1) substituted by No. 5/2016 s. 19(1). (1) A person who drives a motor vehicle on a highway must drive in a safe manner having regard to all the relevant factors. (2) A road user other than a person driving a motor vehicle must use a highway in a safe manner having regard to all the relevant factors. S. 17A(2A) inserted by No. 5/2016 s. 19(2). (2A) For the purposes of subsections (1) and (2) and without limiting their generality, the relevant factors include the following— (a) the physical characteristics of the road; (b) the prevailing weather conditions; (c) the level of visibility; (d) the condition of any vehicle the person is driving or riding on the highway; (e) the prevailing traffic conditions; (f) the relevant road laws and advisory signs; (g) the physical and mental condition of the driver or road user. The above factors are relevant to section 106 of the **Road Management Act 2004** (Matters which may be considered to constitute contributory negligence). (3) A road user must— S. 17A(3)(a) amended by No. 5/2016 s. 19(3)(a). (a) take reasonable care to avoid any conduct that may endanger the safety or welfare of other road users; S. 17A(3)(b) amended by No. 5/2016 s. 19(3)(b). (b) take reasonable care to avoid any conduct that may damage road infrastructure and non-road infrastructure on the road reserve; S. 17A(3)(c) amended by No. 5/2016 s. 19(3)(c). (c) take reasonable care to avoid conduct that may harm the environment of the road reserve. S. 17A(4) amended by Nos 5/2016 s. 19(4), 68/2017 s. 80. (4) In subsection (3), ***non‑road infrastructure***, ***road infrastructure*** and ***road reserve*** have the same meanings as in section 3(1) of the **Road Management Act 2004**.