Charges, fees and contributions payable by undertakers

Liability for cost of use of alternative route

37.—(1) Where by reason of street works the use of a road is restricted or prohibited and the diverted traffic uses as an alternative route a road of a lower classification, the undertaker shall indemnify the Department in respect of costs reasonably incurred by the Department—

(a)in strengthening the road, so far as that is done with a view to and is necessary for the purposes of its use by the diverted traffic; or

(b)in making good any damage to the road occurring in consequence of the use by it of the diverted traffic.

(2) For this purpose the order of classification of roads, from higher to lower, is as follows: