99AConduct of works or activities on a highway

99A Conduct of works or activities on a highway

(1) This section applies to any person conducting, or proposing to conduct on a highway—

(a) any works within the meaning of section 3(1) of the Road Management Act 2004; or

(b) any non-road activity within the meaning of section 99B.

S. 99A(2) amended by No. 41/2020 s. 49.

(2) A person to whom this section applies must ensure that the works or non-road activities are conducted in a manner that is safe for road users and persons engaged in carrying out the works or non-road activities.

Penalty: In the case of a natural person, 60 penalty units;

In the case of a body corporate, 300 penalty units.

S. 99A(3) amended by No. 24/2005 s. 13.

(3) Without limiting subsection (2), a person to whom this section applies contravenes that subsection if the person fails to do any of the following—

(a) have in operation a traffic management plan;

(b) give appropriate warnings to road users;

(c) engage appropriately trained and qualified persons to carry out the works or manage the non-road activities or direct traffic;

(d) give appropriate directions to the persons engaged in carrying out the works or non-road activities.

(4) A traffic management plan must—

(a) comply with the prescribed requirements; and

(b) be prepared in accordance with any requirements of the coordinating road authority under the Road Management Act 2004.

(5) The Minister administering the Road Management Act 2004 may issue a Code of Practice in accordance with that Act for the purposes of this section.

S. 99B inserted by No. 12/2004 s. 141.