Victorian Current Acts Victorian Current ActsS. 17A(1) substituted by No. 5/2016 s. 19(1).
(1) A person who drives a motor vehicle on a highway must drive in a safe manner having regard to all the relevant factors.
(2) A road user other than a person driving a motor vehicle must use a highway in a safe manner having regard to all the relevant factors.
S. 17A(2A) inserted by No. 5/2016 s. 19(2).
(2A) For the purposes of subsections (1) and (2) and without limiting their generality, the relevant factors include the following—
(a) the physical characteristics of the road;
(b) the prevailing weather conditions;
(c) the level of visibility;
(d) the condition of any vehicle the person is driving or riding on the highway;
(e) the prevailing traffic conditions;
(f) the relevant road laws and advisory signs;
(g) the physical and mental condition of the driver or road user.
Note
The above factors are relevant to section 106 of the Road Management Act 2004 (Matters which may be considered to constitute contributory negligence).
(3) A road user must—
S. 17A(3)(a) amended by No. 5/2016 s. 19(3)(a).
(a) take reasonable care to avoid any conduct that may endanger the safety or welfare of other road users;
S. 17A(3)(b) amended by No. 5/2016 s. 19(3)(b).
(b) take reasonable care to avoid any conduct that may damage road infrastructure and non-road infrastructure on the road reserve;
S. 17A(3)(c) amended by No. 5/2016 s. 19(3)(c).
(c) take reasonable care to avoid conduct that may harm the environment of the road reserve.
S. 17A(4) amended by Nos 5/2016 s. 19(4), 68/2017 s. 80.
(4) In subsection (3), non‑road infrastructure , road infrastructure and road reserve have the same meanings as in section 3(1) of the Road Management Act 2004 .