Victorian Current Acts Victorian Current Acts(1) In this section—
"property damages" means any claim for damage to property or for economic loss caused by the condition of a road or infrastructure but does not include any damage or loss arising out of personal injury or death;
Example
Property damages would include a windscreen cracked by a loose stone or damage to a tyre caused by a pothole but would not include damage to a vehicle caused by an unsecured temporary barrier.
"tar damage" means damage to a vehicle caused by tar, asphalt, bitumen or bituminous compounds;
"threshold amount" means the amount of $1000 as varied under section 111;
"vehicle" has the same meaning as in the Road Safety Act 1986 .
(2) For the purposes of the definition of property damages in subsection (1), the condition of a road or infrastructure does not include machinery, plant, tools or other equipment or materials of a road authority, infrastructure manager or works manager used for the construction, installation or maintenance of roads or infrastructure.
Example
The condition of a road or infrastructure would not include graders, excavators, temporary barriers, shovels, stockpiles of gravel or sand and pipes or poles that have not yet been installed.
(3) A road authority is not liable for property damages where the value of the damage is equal to or less than the threshold amount.
(4) The amount which may be recovered against a road authority in a claim for property damages which exceeds the threshold amount is to be reduced by the threshold amount.
(5) A road authority is not liable for tar damage if the road authority has—
(a) closed the road to traffic during works and for a reasonable period after the tar was applied; and
(b) covered the portion of the road to which the tar was applied with gravel or stones or other appropriate material before re-opening the road to traffic.
(6) For the purposes of determining a reasonable period under subsection (5), regard may be had to—
(a) any relevant Code of Practice;
(b) any relevant road management plan;
(c) any policy;
(d) the matters specified in paragraphs (a) to (e) of section 101(1).
S. 111 inserted by No. 39/2004 s. 270(1).