sec.137Injurious matter on roads

### sec.137 Injurious matter on roads Any person who deposits or drops or causes or suffers to be deposited or dropped on any road any matter, substance, or thing likely to cause injury, damage, or danger to any person, vehicle, tram, train, or animal, and being any wood, stone, sand, gravel, nail, tack, scrap iron, glass, wire, tin, bottle, thorn, clipping, oily or sticky substance, or other matter, substance or thing whatsoever, shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. However, it shall be a defence to a charge under this section if the defendant proves that the defendant had taken reasonable precautions to prevent the matter, substance or thing from being so deposited or dropped. Any person who deposits or drops or causes or suffers to be deposited or dropped upon any road any matter, substance or thing referred to in subsection (1) shall immediately upon becoming aware thereof remove or cause to be removed from such road all of such matter, substance or thing, and if the person fails to do so the person shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. If any damage or injury (other than normal wear and tear) is caused to any road in consequence of the use or passage thereon of a vehicle, tram, or animal, or of anything carried, drawn, or propelled by a vehicle, tram, or animal, and such damage or injury is of such a nature that it may endanger any person, vehicle, tram, or animal using or being used upon such road, the driver of the vehicle, tram, or animal by the use or passage of which such damage or injury was caused or which carried, drew, or propelled the thing by the use or passage of which such damage or injury was caused shall immediately place a mark or sign on or near the place where the damage or injury has been caused of such a nature and in such a manner that it will act as a conspicuous warning of danger to any person approaching that place. The driver as aforesaid shall also report the damage or injury to the superintendent who is the officer in charge of the nearest police station as soon as reasonably practicable after the causing thereof. A person who fails to comply with subsection (3) or (3A) in any respect shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. The provisions of this chapter— shall not be deemed to repeal or prejudice or otherwise affect— the provisions of any law or of any other Act or of any regulation or local law made under any other Act; or any power under any other Act to make local laws; with respect to the digging up or undermining of, or any other interference with, any road or part thereof, or the placing or use thereon or therein of anything which may, or would be likely to cause danger, obstruction, inconvenience, annoyance, injury, or accident; and shall not be deemed to prejudice or otherwise affect the having, exercising, or performing by a local government of any power, function, authority, or duty with respect to any of the matters in this subsection specified, and any liability of the local government therefor. s 137 (prev 1949 13 Geo 6 No. 26 s 61) amd 1953 2 Eliz 2 No. 11 s 11; 1994 No. 7 s 3 sch ; 1999 No. 42 s 54 (1) sch amdts 154–155 reloc 1999 No. 42 s 54 (1) sch amdt 162 amd 2007 No. 36 s 2 sch (sec.137-ssec.1) Any person who deposits or drops or causes or suffers to be deposited or dropped on any road any matter, substance, or thing likely to cause injury, damage, or danger to any person, vehicle, tram, train, or animal, and being any wood, stone, sand, gravel, nail, tack, scrap iron, glass, wire, tin, bottle, thorn, clipping, oily or sticky substance, or other matter, substance or thing whatsoever, shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.137-ssec.1A) However, it shall be a defence to a charge under this section if the defendant proves that the defendant had taken reasonable precautions to prevent the matter, substance or thing from being so deposited or dropped. (sec.137-ssec.2) Any person who deposits or drops or causes or suffers to be deposited or dropped upon any road any matter, substance or thing referred to in subsection (1) shall immediately upon becoming aware thereof remove or cause to be removed from such road all of such matter, substance or thing, and if the person fails to do so the person shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.137-ssec.3) If any damage or injury (other than normal wear and tear) is caused to any road in consequence of the use or passage thereon of a vehicle, tram, or animal, or of anything carried, drawn, or propelled by a vehicle, tram, or animal, and such damage or injury is of such a nature that it may endanger any person, vehicle, tram, or animal using or being used upon such road, the driver of the vehicle, tram, or animal by the use or passage of which such damage or injury was caused or which carried, drew, or propelled the thing by the use or passage of which such damage or injury was caused shall immediately place a mark or sign on or near the place where the damage or injury has been caused of such a nature and in such a manner that it will act as a conspicuous warning of danger to any person approaching that place. (sec.137-ssec.3A) The driver as aforesaid shall also report the damage or injury to the superintendent who is the officer in charge of the nearest police station as soon as reasonably practicable after the causing thereof. (sec.137-ssec.3B) A person who fails to comply with subsection (3) or (3A) in any respect shall be guilty of an offence. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.137-ssec.4) The provisions of this chapter— shall not be deemed to repeal or prejudice or otherwise affect— the provisions of any law or of any other Act or of any regulation or local law made under any other Act; or any power under any other Act to make local laws; with respect to the digging up or undermining of, or any other interference with, any road or part thereof, or the placing or use thereon or therein of anything which may, or would be likely to cause danger, obstruction, inconvenience, annoyance, injury, or accident; and shall not be deemed to prejudice or otherwise affect the having, exercising, or performing by a local government of any power, function, authority, or duty with respect to any of the matters in this subsection specified, and any liability of the local government therefor. - (a) shall not be deemed to repeal or prejudice or otherwise affect— (i) the provisions of any law or of any other Act or of any regulation or local law made under any other Act; or (ii) any power under any other Act to make local laws; with respect to the digging up or undermining of, or any other interference with, any road or part thereof, or the placing or use thereon or therein of anything which may, or would be likely to cause danger, obstruction, inconvenience, annoyance, injury, or accident; and - (i) the provisions of any law or of any other Act or of any regulation or local law made under any other Act; or - (ii) any power under any other Act to make local laws; - (b) shall not be deemed to prejudice or otherwise affect the having, exercising, or performing by a local government of any power, function, authority, or duty with respect to any of the matters in this subsection specified, and any liability of the local government therefor. - (i) the provisions of any law or of any other Act or of any regulation or local law made under any other Act; or - (ii) any power under any other Act to make local laws;