(1) This section applies to any person conducting, or proposing to conduct on a highway—
(a) any works within the meaning of section 3(1) of the Road Management Act 2004 ; or
(b) any non-road activity within the meaning of section 99B.
S. 99A(2) amended by No. 41/2020 s. 49.
(2) A person to whom this section applies must ensure that the works or non-road activities are conducted in a manner that is safe for road users and persons engaged in carrying out the works or non-road activities.
Penalty: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
S. 99A(3) amended by No. 24/2005 s. 13.
(3) Without limiting subsection (2), a person to whom this section applies contravenes that subsection if the person fails to do any of the following—
(a) have in operation a traffic management plan;
(b) give appropriate warnings to road users;
(c) engage appropriately trained and qualified persons to carry out the works or manage the non-road activities or direct traffic;
(d) give appropriate directions to the persons engaged in carrying out the works or non-road activities.
(4) A traffic management plan must—
(a) comply with the prescribed requirements; and
(b) be prepared in accordance with any requirements of the coordinating road authority under the Road Management Act 2004 .
(5) The Minister administering the Road Management Act 2004 may issue a Code of Practice in accordance with that Act for the purposes of this section.
S. 99B inserted by No. 12/2004 s. 141.