Road Traffic Act, 1933

Liability of Minister for Finance for negligent driving of State-owned vehicles.

170.—(1) Where injury to person or property is occasioned by the negligent driving of a mechanically propelled vehicle belonging to the State, the Minister for Finance shall be civilly liable for damages in respect of such injury.

(2) Notwithstanding anything contained in any other enactment, proceedings may be brought against the Minister for Finance for damages under this section without obtaining the fiat of the Attorney-General.

(3) In proceedings brought against the Minister for Finance for damages under this section, every plea in defence which would be open to a master sued for damages in respect of the negligence of his servant (including the plea of contributory negligence and also pleas to the effect that the person in respect of whose negligence the damages are claimed was not acting in the course of his employment) shall be open to the Minister for Finance and, if proved, shall be a good defence to the same extent as if the said Minister were in fact the master of the said person.

(4) Nothing in this section shall operate to relieve any person from liability in respect of injury to person or property occasioned by his own negligence.