Toogood Road speed limit: Bayview, Woree campaign hits Cairns council liability snag
A campaign to increase a speed limit has hit a hurdle with elected officials fearing the kind of liability mess that snagged another local government.
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A CAMPAIGN to increase a suburban speed limit has hit a snag with elected officials fearing the kind of liability mess that caught out one southern Queensland local government.
Woree and Bayview Heights residents have been pushing for Cairns Regional Council to overturn its decision to reduce the Toogood Rd speed limit from 60km/h to 50km/h.
A motorcyclist crashed near the road’s bend at Erang St on Sunday – but the push was looking shaky regardless of that extra accident statistic.
Mayor Bob Manning told the most recent council meeting there were big risks inherent in going back on road safety decisions.
“I remember at the last meeting, Cr Zeiger mentioned about the Toogood Rd 50km/h limit,” he said.
“I understand what she’s saying but the reality is that if we were to lower that, and there was an accident or there was a kid, it would be like the Goondiwindi case where local government’s in trouble because some signs weren’t put out or they fell over in the water, they weren’t picked up.
“And it looks like the council will carry the weight of that.
“When you see that one you think … we need to be careful about those sort of those sorts of things, because we could carry a great liability at some point.”
The Supreme Court last year ordered the Goondiwindi Regional Council to pay $300,000 damages to a motorcyclist who was injured after hitting a pothole in a floodway in 2016.
The court found a temporary sign saying “rough surface” and “reduce speed” had been erected but had fallen over due to a lack of sandbags for support.
Judge Philip Morrison found the council was under an obligation to ensure the signage was properly secured.
Cr Manning worried Cairns Regional Council could face culpability if it returned the speed limit to 60km/h and somebody crashed.
“It’s a risk if something happens, and then our insurers will come for us,” he said.
Division 1 councillor Brett Moller said the change had been implemented after consultation with Queensland Police and the Department of Transport and Main Roads.
“Once we get that recommendation to reduce the speed, then it becomes and obligation on council,” he said.
“If we disregard that and something happens, then we may find ourselves liable.”
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Originally published as Toogood Road speed limit: Bayview, Woree campaign hits Cairns council liability snag
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