The Greater Manchester (Light Rapid Transit System) Order 2006

Liability in respect of repair of streets

5.—(1) In an action against the Executive in respect of damage resulting from any failure by it to maintain a street pursuant to its duty under—

(a) article 13 of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996;

(b) article 14 of the Greater Manchester (Light Rapid Transit System) (Airport Extension) Order 1997; and

(c) article 14 of the Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998;

it shall be a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the Executive had taken such care as in all the circumstances was reasonably required to secure that the part of the street to which the action relates was not dangerous to traffic.

(2) For the purposes of a defence under paragraph (1), the court shall in particular have regard to the following matters—

(a) the character of the street including its use for a railway, tramroad or tramway, and the traffic which was reasonably to be expected to use it;

(b) the standard of maintenance appropriate for a street of that character and used by such traffic;

(c) the state of repair in which a reasonable person would have expected to find the street;

(d) whether the Executive knew, or could reasonably have been expected to know, that the condition of the part of the street to which the action relates was likely to cause danger to users of the street; and

(e) where the Executive could not reasonably have been expected to repair that part of the street before the cause of action arose, what warning notices of its condition had been displayed;

but for the purposes of such a defence it is not relevant that the Executive had arranged for a competent person to carry out or supervise the maintenance of the part of the street to which the action relates unless it is also proved that the Executive had given him proper instructions with regard to the maintenance of the street and that he had carried out those instructions.