functions in respect of a public highway which is not a public road or to maintain, inspect or repair the roadside of any public highway (whether or not a public road). 108 Road authority is not liable as an occupier S. 108 inserted by No. 39/2004 (1) For the avoidance of doubt, it is hereby declared s. 270(1). that for the purposes of section 14B of the Wrongs Act 1958— (a) a road authority is not an occupier of a road; and (b) a road is not premises. (2) This section does not affect any liability arising under the Wrongs Act 1958 in relation to any building on the road reserve. 109 Liability in relation to fencing S. 109 inserted by No. 39/2004 Despite any Act or rule of law to the contrary, s. 270(1), neither the Crown nor a road authority is liable for amended by No. 28/2009 any damage that may be caused by reason of any s. 59. road not being fenced in or fenced off. Note See clause 4 of Schedule 5. 110 Limits in relation to liability for property damages S. 110 inserted by No. 39/2004 (1) In this section— s. 270(1). means any claim for damage to property damages 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.
functions in respect of a public highway which is not a public road or to maintain, inspect or repair the roadside of any public highway (whether or not a public road). S. 108 inserted by No. 39/2004 s. 270(1). 108 Road authority is not liable as an occupier (1) For the avoidance of doubt, it is hereby declared that for the purposes of section 14B of the Wrongs Act 1958— (a) a road authority is not an occupier of a road; and (b) a road is not premises. (2) This section does not affect any liability arising under the Wrongs Act 1958 in relation to any building on the road reserve. S. 109 inserted by No. 39/2004 s. 270(1), amended by No. 28/2009 s. 59. 109 Liability in relation to fencing Despite any Act or rule of law to the contrary, neither the Crown nor a road authority is liable for any damage that may be caused by reason of any road not being fenced in or fenced off. Note See clause 4 of Schedule 5. S. 110 inserted by No. 39/2004 s. 270(1). 110 Limits in relation to liability for property damages (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.