Victorian Numbered Acts

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ROAD MANAGEMENT ACT 2004 (NO 12 OF 2004) - SECT 116

Preparation of condition report

    (1)     Within 14 days of receiving a notice of an incident under section 115, the responsible road authority may cause an inspection to be carried out of the condition of the part of the public road or infrastructure specified in the notice.

    (2)     Despite anything to the contrary in this Act, if a road authority considers it to be appropriate for the purposes of this section, the road authority may cause an inspection to be carried out of the condition of any road or infrastructure.

    (3)     The responsible road authority may cause a report of the inspection to be prepared which includes—

        (a)     a statement of the condition of the relevant part of the road or infrastructure and where appropriate photographs showing the condition of the site of the incident;

        (b)     a reference to any relevant road management plan, policy or policy decision relating to the construction, maintenance or repair of the road or infrastructure;

        (c)     a summary of, or any reference to, any records relating to the condition of the road or infrastructure from inspections and reports;

        (d)     a summary of inspections, maintenance and repairs of that part of the road or infrastructure conducted in the period of 12 months before the incident;

        (e)     any other matters prescribed for the purposes of this section.

    (4)     In the case of report prepared under sub-section (1), a copy of the report must be provided to the person who gave the notice under section 116 as soon as is reasonably practicable.

    (5)     A copy of a report certified by the road authority is admissible as evidence of the matters specified in the report in any legal proceeding in relation to an incident arising out of the condition of a road or infrastructure.

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PART 7—GENERAL



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