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Roads and Jetties Act 1935
46Damage caused by overweight vehicles
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### 46 Damage caused by overweight vehicles
> *\[Section 46 Amended by 25 Geo. V No. 78 \]**\[Section 46 Amended by No. 51 of 1982, s. 10 \]*
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> > (1) Where any extraordinary expenses have been incurred by a road authority in repairing any road under its care, control, or management by reason of the damage caused by any excessive weight passing along such road, or extraordinary traffic thereon, or in any other way, the road authority may recover, in any court of competent jurisdiction from any person causing such weight or traffic to so pass along the same or otherwise causing the damage, the amount of such expenses as may be proved to the satisfaction of such court to have been incurred by the road authority by reason of the damage arising from such excessive weight or extraordinary traffic so passing as aforesaid or in any other way.
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> > (2) Any person from whom such expenses are or may be recoverable under this section may enter into an agreement with the road authority for the payment to it of compensation in respect of such expenses, and, upon such person paying such compensation, he shall not be liable to any proceedings under this section.