South Australian Current Acts

CIVIL LIABILITY ACT 1936 - SECT 42

42—Liability of road authorities

        (1)         A road authority is not liable in tort for a failure—

            (a)         to maintain, repair or renew a road; or

            (b)         to take other action to avoid or reduce the risk of harm that results from a failure to maintain, repair or renew a road.

        (2)         In this section—

"road" means a street, road or thoroughfare to which public access is available to vehicles or pedestrians (or both), and includes—

            (a)         a bridge, viaduct, busway (including the O-Bahn) or subway;

            (b)         an alley, laneway or walkway;

            (c)         a carpark;

            (d)         a footpath;

            (e)         a structure associated with a road;

"road authority" means—

            (a)         a body or person in which the ownership of a road is vested by statute, or to which the care, control and management of a road is assigned by statute; or

            (b)         if the road is on land of the Crown—the Crown or the Minister responsible for the care, control and management of the land; or

            (c)         any other public authority or public body that is in fact responsible for the care, control and management of a road;

"vehicle" includes—

            (a)         a motor vehicle;

            (b)         a bicycle;

            (c)         an animal that is being ridden;

            (d)         an animal that is being used to draw a vehicle,

but does not include a tram or other vehicle (except an O-Bahn bus) that is driven on a fixed track.