Section 45: Warning and safety precautions

45. Warning and safety precautions (1) An undertaker, or a contractor employed by an undertaker, who is executing works shall, during and in connection with the execution of the works and of any restoration or other repair to any road occasioned by the works, ensure that— (a) so long as the road, or road reserve is open or broken up (except in a place to which the public has no right of access and is not permitted to have access), the works are adequately fenced and guarded and lighted in such a manner as to give adequate warning to the public during the hours of darkness; (b) traffic signs are so placed, and where so directed, operated and lighted in accordance with any directions given by the Minister; (c) no greater width or length of road than is reasonably necessary is open or broken up at any one time; (d) there is no greater obstruction to traffic on any road or interference with the normal use of the road than is reasonably necessary; (e) any spoil or other material not required for the execution of the works or of any consequent restoration or repair to the road is carried away as soon as it is reasonably practicable; and R28 – 23 [Issue 1] Roads Act (f) any other condition imposed by a highway authority, when signifying its approval, is complied with. (2) Any undertaker or contractor employed by an undertaker who fails to comply with subsection (1) shall commit an offence. (3) Where an undertaker fails to comply with subsection (1) (a), (b), (e) or (f), the highway authority may do anything necessary for securing observance of that requirement, and the undertaker shall pay to the authority an amount equal to any cost reasonably incurred by the authority for so doing, and in default of payment the cost shall be recoverable as if it were a civil debt.