Road Transport (General) Regulation 2005
Current version for 4 January 2013 to date (accessed 27 May 2013 at 12:56)

165   Matters court may consider for deciding whether person took all reasonable steps

A court may have regard to anything that it considers to be relevant when it is deciding whether things that the person did, or did not do, were reasonable steps, including:
(a)  the nature of the aspect or risk that the person was attempting to, or should have been attempting to, address, and
(b)  the likelihood of a risk eventuating, and
(c)  the degree of harm that would result if a risk did eventuate, and
(d)  if a driver has been speeding—the circumstances of the offence (for example, the risk category that the offence belongs to), and
(e)  the abilities, experience, expertise, knowledge, qualifications and training that the person, or the person’s agent or employee, had or ought reasonably to have had, and
(f)  the availability and suitability of ways to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating, and
(g)  the cost of eliminating a risk or minimising the likelihood of a risk eventuating.
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