VICIn ForceAct
Road Safety Act 1986
17AObligations of road users
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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**.