Road Defect Incident Reporting
Council does everything in its power to make sure our region’s roads are in good condition and fit for use. Despite this, roads in the Snowy Monaro may be damaged, or otherwise hazardous to vehicles and other road users.
Drivers should take particular care during periods of heavy rain, freezing temperatures, and other inclement and dangerous weather. On a road network as large and geographically dispersed as Council’s, it is unfortunately not possible to fix all damage promptly.
Roads authorities – including Councils – cannot be held liable for everything that happens on their roads. It is extremely rare for Councils to be liable to pay for damage caused as a result of colliding with a pothole.
The following explains why claims are usually not paid:
- The main obligation is on the road user to drive/ride to the conditions and keep a look out
- Potholes are generally caused by a combination of weather and heavy traffic
- Council has immunity under legislation for claims arising in circumstances where Council had no actual knowledge of the pothole or lacked the resources to repair the pothole quickly and/or permanently
- Not all potholes can be repaired when wet, as the road base needs to be completely dry
- Negligence needs to be established in order for a claim to succeed
- The onus of establishing negligence rests with the person making the claim
- The claimant is responsible for providing the costing and associated documentation
Council understands driver frustration with road conditions across our region. Following years of heavy rain – coupled with the prohibitive cost for a small local government like ours to repair such an extensive road network – there will continue to be extensive delays to many repairs while funding, staffing and resourcing can be organised.
This is the case throughout much of NSW with many other Councils dealing with similarly extensive damage to their road networks. We continue to advocate, in collaboration with regional organisations and wider local government bodies, for increased funding and support from the State and Federal Governments.
If damage occurs on any of the roads identified on the map(PDF, 11MB), your claim should be directed to Transport for NSW as these are State roads and not maintained by Council.
We urge drivers to drive to the conditions and pay close attention to any hazards or road damage.
If you wish to proceed with a claim, please fill out the form below and email it to Council at council@snowymonaro.nsw.gov.au
Please be advised that claims can take up to eight weeks to be finalised after being accepted.