AustLII Tasmanian Consolidated Acts

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TRAFFIC ACT 1925 - SECT 41C

Road authorities not liable if roads, &c., unsuitable for wheeled recreational devices and toys

(1)  In this section –
edge line for a road, means a line marked along the road at or near the far left or far right side of the road (excluding any road-related area);
road means an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles and includes – 
(a) a road shoulder; and
(b) a road-related area;
road authority means a person, body corporate or body politic responsible for designing, constructing, maintaining or managing roads;
road-related area means any of the following:
(a) an area that divides a road;
(b) a footpath or nature strip adjacent to a road;
(c) an area that is not a road but is open to the public and designated for use, whether exclusively or otherwise, by cyclists or animals;
(d) an area that is not a road but is open to or used by the public for driving, riding or parking vehicles;
road shoulder means any part of a road that is not designed to be used by motor vehicles in travelling along the road, and includes –
(a) for a kerbed road, any part of the kerb; and
(b) for a sealed road, any unsealed part of the road and any sealed part of the road outside the edge line of the road –
but does not include a footpath or any other kind of path;
wheeled recreational device means a wheeled recreational device within the meaning of the Road Rules ;
wheeled toy means a wheeled toy within the meaning of the Road Rules .
(2)  A road authority does not incur any civil liability for an act or omission on its part in the design, construction, maintenance or management of a road to take account of the fact that the users or potential users of the road may include riders of wheeled recreational devices and wheeled toys.



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