LEGAL ASPECTS OF ROAD HUMPS ON PUBLIC ROADS

Many organisations have shown great interest in the use of aggressive tactile devices for the physical control of vehicle speeds, usually in the form of road humps or speed bumps. Concern, however, is often expressed by authorities that might be responsible for road hump construction as to who would be liable for any damage or injury that might result from the installation of such devices. The discussion presented aims to bring together all the readily available information that bears on road humps and possible liability. This information is placed within the general context of the current state of knowledge with regard to road hump design and the implications for their use on public roads. Current legislation in the various Australian states and overseas is examined, and previous legal experience with such devices is noted. The questions of misfeasance and nonfeasance, together with negligence as the most important method of obtaining damages in such cases, are discussed. The conclusion drawn is that, with the information available, it should be possible to propose designs which have the necessary technical support to largely refute any allegations of negligence, if devices are correctly constructed by the responsible authority. However, it should be noted that the emphasis of this report is an engineering one, and the main purpose is to stimulate discussion and perhaps generate further relevant information, not to take a particular stance (a). The ISBN of the microfiche is 0 86910 098 X. (TRRL)

  • Corporate Authors:

    ARRB

    Melbourne, Victoria  Australia 
  • Authors:
    • JARVIS, J R
  • Publication Date: 1980-7

Media Info

  • Features: Figures; References;
  • Pagination: 16 p.

Subject/Index Terms

Filing Info

  • Accession Number: 00330352
  • Record Type: Publication
  • Source Agency: ARRB
  • Report/Paper Numbers: ARR No. 109 Monograph
  • Files: ITRD, TRIS, ATRI
  • Created Date: Aug 15 1981 12:00AM