V-8 - Roads Act

Section 28 Disposition versions

1977-12-31

28. Work necessary for the maintenance and repair of provincial highways, regional highways, improved roads or bridges means:

(1)  Any work necessary to keep the roadway in such a state that a vehicle in a proper condition may, conforming to laws and by-laws, circulate thereon without such vehicle being damaged by striking against such roadway, at any time, save during the season of winter roads and at such times as the Minister of Transport may prohibit traffic owing to thaw;

(2)  The repair of holes and ruts; the oiling, tarring and relaying of macadams; regravelling; the renewal in general of the upper layer of roadways;

(3)  The maintenance and repair of shoulders;

(4)  The cleaning of ditches, only in so much as is necessary for the draining of the roadway; but not the removal of snow or ice during the season of winter roads;

(5)  The maintenance and repair of railings; the establishing, maintenance and repair of guide-posts and danger-signals;

(6)  The repair of the embankments and walls supporting the roadway.

Damages to the tires or springs of a vehicle shall not be considered as being due to any lack of maintenance or repair of the highway, road or bridge where such damages occurred.

The presence on the roadway of a road or bridge of a stone, of a piece of wood, or of any other object fallen from a vehicle in movement or detached from such bridge or the shoulders of such road shall not be imputable to any fault in the maintenance or repair of the roadway, except, however, in the case of fault or negligence on the part of the employees of the Ministère des Transports charged with the maintenance of the said road.

Damage caused by a stone or other object hurled by the tires of a vehicle in movement shall not be imputable to any fault in the maintenance or repair of the road or bridge.

R. S. 1964, c. 133, s. 35; 1966-67, c. 48, s. 13; 1972, c. 54, s. 32; 1977, c. 5, s. 14.