102Liability for damage to public road

#### 102 Liability for damage to public road 102 Liability for damage to public road > > (1) A person who causes damage to a public road, or to any road work on a public road or any traffic control facility on a road or road related area within the meaning of section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) (other than a road or road related area that is the subject of a declaration made under section 18 of that Act relating to all of the provisions of that Act), is liable to pay to the appropriate roads authority the cost incurred by that authority in making good the damage. > > > (2) If damage referred to in this section is caused by a motor vehicle or vessel, the owner and the driver of the motor vehicle or, as the case may be, the owner and the master of the vessel are jointly and severally liable for the damage. > > > (3) This section does not apply to ordinary wear and tear caused by reasonable use of a public road. > > > (4) This section applies to tollways and to private roads that are classified roads in the same way as it applies to public roads. > > **s 102:** Am 1994 No 44, Sch 19; 1997 No 115, Sch 4.20 \[3\]; 1999 No 19, Sch 2.39 \[3\]; 2005 No 11, Sch 3.37 \[5\]; 2013 No 19, Sch 4.72 \[7\].