sec.48Recovery of cost of damage

### sec.48 Recovery of cost of damage If— a person intentionally, recklessly or negligently causes damage to road works or ancillary works and encroachments on a State-controlled road, whether or not an offence is committed; and the chief executive repairs the damage or replaces or reconstructs as necessary the road works or ancillary works and encroachments; the person is liable to pay to the chief executive the cost of repair, replacement or reconstruction. If— the damage is caused by the operation of a vehicle; and the driver of the vehicle is unknown or can not be located; the person in whose name the vehicle is registered is liable for the costs of repair, replacement or reconstruction for which the driver would be liable. Subsection (2) does not apply if the vehicle was being used without the agreement or knowledge of the person in whose name the vehicle is registered. If— a court finds a person guilty of an offence against this Act; and in committing the offence, the person caused damage to road works or ancillary works and encroachments; the court may, in addition to imposing a penalty, order the person to pay an amount towards the cost of repairing the damage. (sec.48-ssec.1) If— a person intentionally, recklessly or negligently causes damage to road works or ancillary works and encroachments on a State-controlled road, whether or not an offence is committed; and the chief executive repairs the damage or replaces or reconstructs as necessary the road works or ancillary works and encroachments; the person is liable to pay to the chief executive the cost of repair, replacement or reconstruction. (sec.48-ssec.2) If— the damage is caused by the operation of a vehicle; and the driver of the vehicle is unknown or can not be located; the person in whose name the vehicle is registered is liable for the costs of repair, replacement or reconstruction for which the driver would be liable. (sec.48-ssec.3) Subsection (2) does not apply if the vehicle was being used without the agreement or knowledge of the person in whose name the vehicle is registered. (sec.48-ssec.4) If— a court finds a person guilty of an offence against this Act; and in committing the offence, the person caused damage to road works or ancillary works and encroachments; the court may, in addition to imposing a penalty, order the person to pay an amount towards the cost of repairing the damage. - (a) a person intentionally, recklessly or negligently causes damage to road works or ancillary works and encroachments on a State-controlled road, whether or not an offence is committed; and - (b) the chief executive repairs the damage or replaces or reconstructs as necessary the road works or ancillary works and encroachments; - (a) the damage is caused by the operation of a vehicle; and - (b) the driver of the vehicle is unknown or can not be located; - (a) a court finds a person guilty of an offence against this Act; and - (b) in committing the offence, the person caused damage to road works or ancillary works and encroachments;