Bylaw No. 25 - Traffic (2006)
Explanatory Note
This bylaw shall be known as the Auckland City
Council Traffic Bylaw 2006. The objective of this bylaw is to
facilitate traffic management and parking control measures in respect
of roads, public places, parking areas and transport stations
under the control of the council.
It provides measures to ensure that acceptable
standards are maintained for the safe and orderly movement of
traffic within the city.
Parking control measures for roads and parking
areas are also covered by this bylaw.
This bylaw is made pursuant to the bylaw making
powers vested in the Auckland City Council by the Local Government
Act 1974, the Transport Act 1962 and the Land Transport Act 1998 and
the Local Government Act 2002. In addition to these Acts and
regulations, roads, traffic and parking issues are also regulated
and controlled by the Traffic Regulations 1976, the Land Transport (Road
User) Rule 2004, the Land Transport Rule: Traffic Control Devices
2004 and the Land Transport Rule: Setting of Speed Limits 2003.
These Acts and Regulations should be referred to and read in conjunction
with this bylaw.
Unless otherwise defined in this bylaw, terms used
in this bylaw are defined in the Auckland City Council Bylaw
Administration Bylaw 2009.
Reprinted with amendments
As at 9 October 2009 the Auckland City Council Traffic
Bylaw 2006 has been amended by the following amendments:
Auckland City Council Traffic Amendment Bylaw No
1 of 2008
which came into force on 23 April 2009.
Auckland City Council Traffic Amendment Bylaw No
2 of 2009
Currently open for submission (submissions close 13 November 2009).
Auckland City Council Traffic Amendment Bylaw No
3 of 2009
Amendments as a result of the introduction of the Auckland City Council Bylaw Administration Bylaw 2009,
which came into force 09 October 2009.
Contents
25.1 Definitions
Traffic controls and restrictions
25.2 One way traffic
25.3 Turning restrictions
25.4 Leaving objects on roads
25.5 Window washers
25.6 Speed limits
25.7 Heavy motor vehicles
Stopping, loading and parking
25.8 Stopping, standing and parking restrictions
25.9 Loading zones
25.10 Bus stops
25.11 Parking zones
25.12 Licenses and permits for parking
25.13 Parking places, buildings, and transport stations
25.14 Residents' parking
25.15 Parking meters and pay and display areas
25.16 Removal of vehicles - towing
Special vehicle lanes and cycle paths
25.17 Special vehicle lanes
25.18 Cycle paths
Auckland Domain
25.19 Auckland Domain
Hauraki Gulf Islands
25.20 Large vehicle controls - Great Barrier Island
25.21 Roads restricted to four wheel drive vehicles -
Hauraki Gulf Islands
25.22 Roads restricted to all-terrain vehicles (quad
bikes) and motorcycles - Hauraki Gulf Islands
Schedule of Amendments
Amendment No 1 of 2008 (68k PDF)
Amendment No 2 of 2009 (56k PDF)
Amendment No 3 of 2009 (17k PDF)
25.1 Definitions
In this Part of the Bylaw unless the context otherwise
requires:
All-terrain vehicle (quad bike) means a special purpose
vehicle that -
- is principally designed for off-road
use;
- has motorcycle controls;
- has three or more wheels, of which at
least two provide traction;
- has an engine capacity not exceeding
700cc; and
- has a net weight not exceeding 350kg.
Auckland Regional Transport Authority Total Mobility
Scheme means the scheme operated by the Auckland Regional Transport
Authority that provides subsidised travel to people who have disabilities
and who are unable to use public transport without assistance.
Authorised officer means any person authorised to
carry out any of the duties provided for in this Bylaw.
Bus has the same meaning as in the Land Transport
(Road User) Rule 2004.
Bus lane has the same meaning as in the Land Transport
(Road User) Rule 2004.
Carriageway means that part of a road laid out for
vehicular traffic.
Cycle has the same meaning as in the Land Transport
(Road User) Rule 2004.
Cycle lane has the same meaning as in the Land Transport
(Road User) Rule 2004.
Cycle path has the same meaning as in the Land Transport
(Road User) Rule 2004.
Department of Corrections prison vehicle means any
vehicle acting under the direction of the Department of Corrections
that is transferring inmates to or from secure facilities including
the courts. (This includes vehicles contracted to the Department of
Corrections.)
Display - for the purposes of clause 25.15 - Parking
meters and pay and display areas means, in relation to a parking receipt,
prepaid vouchers or electronic device, show in a conspicuous position
inside or on a vehicle so that all the information printed on the parking
receipt, or displayed on the electronic device or prepaid voucher is
readily readable by a person standing outside the vehicle.
Emergency vehicle for the purposes of clause 25.17.2 means any vehicle attending to an
emergency or situation requiring urgent enforcement of one or more of this
bylaw's provisions operated -
- by an authorised officer;
- by an ambulance officer;
- by a police officer;
- as a fire service vehicle;
- as a civil defence emergency vehicle'
- as a defence force emergency vehicle.
Four wheel drive vehicle includes (without limitation)
four wheel drive farm bikes and similar all terrain vehicles.
Goods service vehicle means a motor vehicle designed
exclusively or principally for the carriage of goods.
Hauraki Gulf Islands ward means the Hauraki Gulf Islands
ward established by the Local Government (Auckland Region) Reorganisation
Order 1989.
Heavy motor vehicle means a motor vehicle (other than a motorcar
that is not used, kept, or available for the carriage of passengers for hire or reward) the gross
laden weight of which exceeds 3,500 kilograms.
Holiday means a public holiday defined by section 44 (1)
of the Holidays Act 2003.
Isthmus means that part of the District excluding
the Hauraki Gulf Islands Ward.
Light rail vehicle lane has the same meaning as in
the Land Transport (Road User) Rule 2004.
Loading zone means an area of marked roadway designated
for the purpose of loading or unloading goods for a specified time period
or periods.
Motorcycle has the same meaning as defined in the
Land Transport (Road User) Rule 2004.
Parking has the same meaning as in the Land Transport
(Road User) Rule 2004.
Parking meter includes:
- an apparatus designed to receive payment
of fees for parking (in accordance with the procedure outlined in the
definition of "pay" in this Part or the other payment procedures referred
to in that definition), indicate whether any fee for parking has been
paid, fix the period of parking allowed for any fee paid, and indicate
whether the period for which any such fee has been paid has elapsed;
and
- a pay and display parking meter.
Parking place means a place (including a building)
where vehicles, or any class of vehicles, may wait including all necessary
approaches and means of entrance to and egress from any such place,
and all such buildings, ticket offices, waiting rooms, cloak rooms,
structures, appliances, and other facilities as the council considers
to be necessary or desirable for the efficient use of that place for
the purpose for which it is provided and the collection of charges in
relation to that use.
Parking receipt means a receipt produced by a pay
and display parking meter indicating the payment of a fee for parking
and the end of the period allowed for parking as fixed by the meter.
Parking warden means a parking warden appointed under
section 7 of the Transport Act 1962.
Parking zone is an area subject to a "zone parking
control" under the Traffic Regulations 1976 and means any geographic
area of land, road or building, parking place or transport station belonging
to or under the control of the council which is specified by the council
by resolution as a parking zone pursuant to clause 25.11 and that establishes the parking and
traffic controls for that zone.
Passenger service vehicle has the same meaning as
in section 2(1) of the Transport Services Licensing Act 1989.
Pay for the purposes of Part 25.15 - Parking meters,
means:
- inserting into a pay and display parking
meter New Zealand currency sufficient to pay the fee payable for the
period during which the vehicle is to be parked in the pay and display
area, and then immediately;
- pushing the green "OK" button on the
pay and display parking meter - provided that if the meter is malfunctioning
then the red "cancel" button should instead be pushed and payment made
at another meter;
or such other payment procedures as may be declared
by the council by resolution in relation to specific types of parking
meter.
Pay and display area means any portion of any road,
parking place, public place or any part or portion of a road, parking
place or public place declared by the council under clause 25.13.1 of this Bylaw to be a pay and display
area, either at all times or at particular times.
Pay and display parking meter means an apparatus designed
to receive payment of fees for parking (in accordance with the procedure
outlined in the definition of "pay" in this Part or the other payment
procedures referred to in that definition), fix the period of parking
allowed for any fee paid, and issue parking receipts or activate an
electronic in-car display device indicating the payment of a fee for
parking and the expiry time at the end of the period allowed for parking
as fixed by the meter.
Pedestrian Mall means a road or part of a road specified by the
council where the driving, riding or parking of vehicles or the riding of animals is prohibited
either generally or during particular hours.
Prohibited entry point means the point on a road under the control
of council which is marked as a prohibited entry point, by prohibited entry signs erected by council,
pursuant to a resolution of council to prohibit the entry of certain classes of vehicles under
provisions of this bylaw.
Residents exemption permit means a permit granted
by the council to eligible residents that exempts the permit holder
from any payment or time-restrictions specified in the permit imposed
on any parking place or parking zone for certain streets or parts of
streets.
Residents only permit means a permit granted by the
council to eligible residents that authorises the permit holder to park
in specified designated Residents Only parking places specified in the
permit.
Restricted vehicle lane means a lane reserved in accordance
with clause 25.17.2 for the use of the following (unless
specifically excluded by a sign installed at the start of the lane):
- Buses
- Motor cycles
- Cycles
- Department of Corrections prison vehicles
- Total mobility vehicles
- Emergency vehicles
Road for the purposes of this bylaw except clause 25.18.1 means the whole of any land which
is within the district, and which:
- immediately before the commencement
of Part XXI of the Local Government Act 1974 was a road or street or
public highway;
- immediately before the inclusion of
any area in the district was a public highway within that area;
- is laid out by the council as a road
or street after the commencement of Part XXI of the Local Government
Act 1974;
- is vested in the council for the purpose
of a road as shown on a deposited survey plan; or
- is vested in the council as a road or
street pursuant to any other enactment;
and includes:
- except where elsewhere provided in Part
XXI of the Local Government Act 1974, any accessway or service lane
which before the commencement of Part XXI of the Local Government Act
1974 was under the control of the council or is laid out or constructed
by or vested in the council as an accessway or service lane or is declared
by the Minister of Works and Development as an accessway or service
lane after the commencement of Part XXI of the Local Government Act
1974 or is declared by the Minister of Lands as an accessway or service
lane on or after the 1st day of April 1988;
- every square or place intended for use
of the public generally, and every bridge, culvert, drain, ford, gate,
building, or other thing belonging thereto or lying upon the line or
within the limits thereof;
- every beach in the District; and
- "Road" as defined in section 2(1) of
the Land Transport Act 1998;
but, except as provided in Part XI of the Public Works
Act 1981 or in any regulations under that Act, does not include a motorway
within the meaning of the Land Transport Act 1998.
Road for the purposes of clause 25.18.1 (and notwithstanding any other provision
of this bylaw to the contrary)
- includes:
- a street;
- a motorway;
- a beach;
- a place to which the public have access,
whether as of right or not;
- all bridges, culverts, ferries and fords
forming part of a road or street or motorway, or a place referred to
in (iv);
- all sites at which vehicles may be weighed
for the purposes of the Land Transport Act 1998 or any other enactment;
and
- includes a section of a road.
Special vehicle lane has the same meaning as in the
Land Transport (Road User) Rule 2004
Speed limit means:
- except in relation to a minimum speed
limit, the maximum speed at which a vehicle may legally be operated
on a particular road, but does not mean the maximum permitted operating
speed (for classes or types of vehicle) specified in any Act, regulation
or rule;
- in relation to a minimum speed limit,
the minimum speed at which a vehicle may legally be operated in a specified
lane of a road,
and, where not expressly restricted by context to
a particular type or types of speed limit, includes:
- an urban, rural, permanent, holiday,
temporary, variable, and minimum speed limit within the meaning of those
terms in the Speed Limits Rule.
Speed limits rule means the Land Transport Rule: Setting
of Speed Limits 2003.
Total mobility vehicle means any vehicle designed
or modified to carry disabled or elderly people which includes a wheelchair
hoist or ramp and space for one or more wheel chairs and operates under
contract to the Auckland Regional Transport Authority Total Mobility
Scheme and clearly displaying Total Mobility Scheme signage so as to
be visible to an authorised officer.
Traffic sign means a traffic control device prescribed
by part 2 of Land Transport Rule 54002: Traffic Control Devices 2004.
Transit lane has the same meaning as in the Land Transport
(Road User) Rule 2004.
Transport station has the same meaning as in section
591(6) of the Local Government Act 1974.
U-turn means turning a vehicle from facing or travelling
in one direction to facing or travelling in the opposite direction.
Traffic controls and restrictions
25.2 One way traffic
25.2.1
Vehicles on the roads (or where applicable
parts of roads) designated pursuant to a resolution under clause 25.2.2 must travel only in the direction specified
as evidenced by signs and where the council consider necessary, road
markings.
25.2.2
The council may by resolution designate roads (or
where applicable parts of roads) where vehicles must travel only in
the direction specified.
25.3 Turning restrictions
U-turns
25.3.1
The driver of a vehicle must not turn to
the right nor turn to the left nor perform a U - turn on any roadway
where the council has prohibited or restricted such movements and the
prohibition or restriction is evidenced by signs and where the council
consider necessary, road markings.
25.3.2
The council may, by resolution prohibit
or restrict:
- vehicles or specified classes of vehicles
on any roadway from turning to the right or to the left;
- vehicles on any roadway from performing
a U-turn.
Bus priority measures
25.3.3
The council may by resolution prohibit
all vehicles other than buses, motorcycles or cycles from turning to
the left or turning to the right or going straight ahead from a dedicated
traffic lane provided that the bus priority measure is evidenced by
signs.
25.3.4
The council may by resolution provide for buses, motorcycles
and cycles only to use a dedicated traffic lane to proceed straight
ahead provided the bus priority measure is evidenced by appropriate
signage and/or markings on the road.
Infringement fee
25.3.5
Any person driving a vehicle in contravention
of any restriction or prohibition by council under clauses 25.3.3 and 25.3.4 and without reasonable excuse, commits an offence
against this bylaw and shall be liable to an infringement fee of $150
pursuant to Part 10 of the Second Schedule of the Transport Act 1962
and the provisions of this clause of the bylaw. For the avoidance of
doubt, this clause applies notwithstanding anything to the contrary
in any other enactment, including this bylaw.
25.4 Leaving objects on roads
No person may place or leave objects on roads without
reasonable excuse in circumstances that disregard the safety of other
road users.
25.5 Window washers
25.5.1
No person may wash or clean the windows
or attempt to wash or clean the windows of any vehicle or vehicles stopped
at any road intersection or approaching any road intersection.
25.5.2
In accordance with the Local Government
Act 2002, the penalty for breach of a bylaw under clause 25.5.1 is liable on summary conviction to a
maximum penalty of $20,000.
25.6 Speed limits
25.6.1
The council designates the following area,
in which roads are subject to a 50-km/h speed limit (which is not a
minimum speed limit) saved under section 4 of the Transport Amendment
Act 1997, as an urban traffic area:
All land inside the boundaries of the Isthmus (as
defined in clause 25.1 of this Bylaw) and all land inside the
boundaries of Waiheke Island, all except where roads are subject to
a saved speed limit other than of 50-km/h.
25.6.2
The council hereby validates all speed limits saved
under section 4 of the Transport Amendment Act 1997 other than:
- 50-km/h speed limits on roads within
the urban traffic area designated in clause 25.6.1; and
- 100-km/h speed limits on roads within
a rural area (as defined in the Speed Limits Rule).
The speed limits validated under this clause are described
in the schedules to the prior resolution made by the council entitled:
"Special Saved Speed Limits".
25.6.3
The council may, by resolution publicly
notified and in accordance with the Speed Limits Rule:
- change or impose a speed limit on any
road in the District (including any roads in any of the designated locations
described in section 4.1(2) of the Speed Limits Rule).
- review and/or set any speed limit which
the council may review or set under the Speed Limit Rule; and
- rescind, amend or vary the speed limits
described in the Schedules to the prior resolution of the council entitled
"Special Saved Speed Limits" or described in any resolution made under
clause 25.6 of this Bylaw.
25.6.4
For the avoidance of doubt, no resolution
may retrospectively alter the speed limit applicable to a particular
location.
25.7 Heavy motor vehicles
Prohibited entry points
25.7.1
No person may drive a heavy motor vehicle
past a prohibited entry point for the purpose of entering, parking in,
or passing through the area or areas designated by the council as prohibited,
unless the vehicle is used for:
- visiting a property with frontage to
one of the roads within the prohibited area;
- providing an emergency service on one
of the roads within the prohibited area;
- carrying out work as a network utility
operator on one of the roads within the prohibited area;
- providing public transport within the
prohibited area and is a bus.
25.7.2
The council may by resolution designate
any area or areas where entry by any heavy motor vehicle is prohibited
for the purposes of clause 25.7.1.
25.7.3
Appropriate signs shall be displayed at
each prohibited entry point.
Parking of Heavy Vehicles
25.7.4
The council may, by resolution, prohibit,
restrict or limit the parking, stopping or standing of heavy vehicles
on specified roads between the hours of 9pm and 7am.
Stopping, loading and parking
25.8 Stopping, standing and parking restrictions
25.8.1
The council may by resolution prohibit,
limit or restrict the parking of any vehicle on any road or part of
a road.
Stopping, standing or parking in contravention
of signs
25.8.2
No person may:
- stop, stand or park a vehicle on a road
or public place in contravention of a restriction imposed by the council
and evidenced by signs and where the council consider necessary, road
markings.
Stopping, standing and parking on grass verges
or kerbs
- stop, stand or park a vehicle on any
kerb, lawn, garden, or other cultivation adjacent to, or forming part
of the road, except for in the area comprising the Hauraki Gulf Islands
Ward.
Keeping vehicles other than for purposes of
travel
- without the permission of the council,
keep any vehicle, trailer or vehicle and trailer parts stationary in
any road or public place other than for bona fide travel purposes and
stoppages related to travel. For the sake of clarity, this restriction
includes any motor vehicles displayed for sale.
Advertising by vehicle
- park a vehicle or trailer displaying
advertising or sales material on a road or public place in such a manner
as to cause a traffic safety hazard without the written approval of
council. For the sake of clarity, this restriction includes motor
vehicles displayed for sale, and mobile billboards.
25.9 Loading zones
The council may by resolution:
- determine that any part of a road will
be a loading zone either exclusively or for specified times;
- restrict, for a specified period of
time, the stopping, standing or parking of goods service vehicles or
any class of authorised vehicles, in any loading zone.
25.10 Bus stops
The council may by resolution:
- reserve and mark out any particular
stopping place as a bus stop for the exclusive use of buses;
- limit to not more than 5 minutes the
times that a bus may remain stationary on any bus stop that has been
reserved for its use;
- reserve any particular bus stop for
the exclusive use of buses operating on a defined route or routes;
25.11 Parking zones
25.11.1
The council may by resolution:
- declare any area of land, road or any
part of a road or parking place or any public place, transport station
or any geographic area made up of a group of roads, parking places or
public places or transport stations, to be a Parking Zone
- adopt a special parking scheme that
establishes the parking and traffic controls for any Parking Zone, including:
- prohibiting or restricting the stopping,
standing or parking of vehicles on any road at any time;
- limiting the times, manner and conditions
for parking of vehicles in any road;
- specifying the vehicles or classes
of vehicles (including for example heavy vehicles or vehicles owned
by residents within a parking zone) that may be entitled to use any
Parking Zone and the conditions upon and subject to which the Parking
Zone may be used;
- providing that a vehicle used for any
specified purpose shall be deemed to be of such class or description
as is specified in the bylaw, notwithstanding that the vehicle may belong
to any other class or description;
- imposing conditions and charges payable
for the parking of vehicles, whether by parking meters, licence fee
or rental;
- fixing the charge to be paid by the
owner of a vehicle in return for the sole right to park such a vehicle
in an allotted space, and define the hours which the owner of a vehicle
or their agent shall be entitled to the sole use of the allotted space.
25.11.2
A resolution to adopt a Parking Zone for
a particular area may specify:
- The roads, or parts of a road, designated
as a parking zone;
- A form of permit or licence required
to identify that a vehicle is parking lawfully in the parking zone;
- Fees payable for parking vehicles in
any parking zone;
- The operation, maintenance, control,
protection, use or discontinuance of parking zones;
- A form of sticker, parking receipt or
electronic display device to identify the vehicles are parking pursuant
to the zone parking scheme or holds a valid Residents Exemption Permit
or Residents Only Permit.
25.11.3
A Parking Zone may include any one or
a combination of the following traffic and parking controls that are
considered necessary due to the nature of the area and the traffic patterns
into and within the area:
- stopping restrictions adopted in accordance
with clause 25.8;
- loading zones determined in accordance
with clause 25.9;
- parking zones adopted in accordance
with clause 25.11;
- residents parking controls adopted in
accordance with clause 25.14;
- parking meters and pay and display areas
adopted in accordance with clause 25.15;
- special traffic lanes adopted in accordance
with clause 25.17;
- cycle paths adopted in accordance with
clause 25.18.
25.12 Licenses and permits for parking
25.12.1
Where the council grants a licence or
permit to be held to use a parking zone, parking place or transport
station:
- the council may grant the licence or
permit on terms and conditions for the use of the parking zone, parking
place or any specified lot or lots;
- the council may revoke or cancel the
permit or licence;
- no person may park, stop or stand a
vehicle in a parking place, transport station or road without holding
a licence or permit for that parking zone.
25.12.2
No driver or person in charge of any vehicle
may cause or permit such vehicle to be parked in any Parking Zone in
any manner that contravenes the rules in the special parking scheme,
or any signs erected or markings made by the council in accordance with
the parking scheme.
Parking by utilities and industry
25.12.3
For the facilitation of operations in
the construction industry or the operation of utilities (including drainage,
electricity, gas supply, roading construction and maintenance services,
telecommunication operations, water supply and similar services) or
any appropriate circumstances, an authorised officer may, subject to
such conditions as are considered appropriate in the circumstances and
on payment of the prescribed fee, grant an exemption known as a "parking
permit" to a specified person generally or in respect of specified vehicles,
whether owned by that person or otherwise, from some or all of the provisions
of this Bylaw.
25.13 Parking places, buildings, transport stations
25.13.1
The council may by resolution:
Parking places may be specified
- specify any piece of land or any length
of road or any building owned or occupied by the council to be a parking
place or transport station;
Times and conditions
- define the times, manner and conditions
for parking of vehicles in any parking place or transport station;
Classes of vehicles
- define the vehicles or classes of vehicles
that may be entitled to use any such parking place or transport station,
and the conditions upon and subject to which such parking place or transport
station may be used;
Charges
- fix the charges payable for the parking
of vehicles including penalty fees in any such parking place or transport
station whether by parking meters, licence or permit fee or rental,
and including penalty fees;
Reserved parking
- fix the charge to be paid by the owner
of a vehicle in return for the sole right to park such vehicle in the
space allotted and define the hours during which the owner of a vehicle
or their agent shall be entitled to the sole use of the allotted space;
Mobility parking
- reserve any parking space in a parking
place for the exclusive use of vehicles driven by or carrying disabled
persons, and displaying a valid operation mobility card or permit either
generally or at specified times. Every reserved space shall be indicated
by appropriate signs and road markings.
25.14 Residents' parking
25.14.1
The council may by resolution:
- identify any road or part of a road
as being reserved for the exclusive parking of specified motor vehicles
owned by residents of the surrounding area and displaying a Residents
Only Permit issued in respect of such a vehicle. Such part of a road
(referred to as a "residents' only parking area") shall be indicated
by appropriate signs;
- identify a road or part of a road as
being able to be used by specified vehicles owned by eligible residents
of the surrounding area and displaying a valid Residents Exemption Permit
issued in respect of such a vehicle. Such a road part of a road (referred
to as a "residents exemption parking area") shall be marked out or indicated
by appropriate signs;
- impose conditions and prescribe fees
or charges for use of residents' exclusive parking areas and/or residents
exempt parking areas;
- require a valid permit to be held for
the use of residents' exclusive parking areas and/or residents exempt
parking areas.
25.14.2
Where a permit is required to be held
for the use of a residents' only parking area, residents exempt parking
area or other parking zone:
- the permit must be displayed inside
a motor vehicle parked, stopped or standing in a parking area or zone.
The parking permit must be displayed so as to be readable by an authorised
officer standing outside the vehicle;
- the permit must identify the motor vehicle
in respect of which it has been issued. The permit must apply only
to the motor vehicle described in the permit;
- the permit must be returned to the council
immediately after the resident ceases to be entitled to the permit;
- the permit is valid and effective only
during the time specified on the permit and in the street or area specified
on the permit.
25.14.3
No person may park, stop or stand a motor
vehicle in a residents' only parking area without displaying a valid
permit.
25.15 Parking meters and pay and display areas
25.15.1
The council may by resolution:
Pay and display area
- declare a road, a parking place, a public
place, or any part or portion of a road, parking place or public place
to be a pay and display area either at all times or at particular times;
Fees
- prescribe the fees payable for the parking
of a vehicle in a pay and display area (which may differ between pay
and display areas and as to times and periods of time for parking);
- prescribe the fees payable for an exemption
under clause 25.12.3 of this Bylaw;
Maximum time
- declare the maximum time allowed for
the parking of a vehicle in a pay and display area on one occasion (called
"the maximum time");
- declare payment procedures (in relation
to all or specific types of parking meter) for the fees payable for
the parking of a vehicle, which procedures may include payment utilising
coinage, prepaid vouchers, electronic, cellular phone payment, token,
card, prepaid parking device or voucher or any other system.
25.15.2
Where an area is declared by the council to be a
pay and display area:
- the council must place one or more pay
and display parking meters so that the maximum distance from any vehicle
parked in the area to the nearest meter is 50 metres;
- the council must indicate by painted
lines the location of the pay and display area (without needing to mark
completely the boundaries of the area); and
- the council must erect signs indicating
the location of the pay and display area.
25.15.3
Where the requirements of clauses 25.6.1 and 25.6.2 of this Bylaw have been complied with, parking
in the pay and display area is governed by the location of the pay and
display parking meter or meters placed pursuant to this Bylaw.
25.15.4
Every person who parks a vehicle in an
area marked for use at any time as a pay and display area must:
Parking in marked area
- park the vehicle so that it is contained
wholly within a pay and display area and in accordance with the relevant
signs and painted lines;
Direction of parked vehicle
- if the pay and display area markings
are on a street and indicate that parking should be parallel to the
kerb or footpath, park the vehicle so that it faces in the direction
of movement of traffic on that side of the street, and so that the vehicle
is as close as practicable to the kerb or footpath;
- if the pay and display area markings
indicate that parking should be at an angle to the kerb or footpath,
park the vehicle approximately parallel to and approximately an equal
distance from, the markings indicating the sides of the parking space.
25.15.5
Every person who parks a vehicle in a
pay and display area governed by the location of a pay and display parking
meter placed pursuant to this Bylaw, must:
Payment of fee
- before, or within 5 minutes after, stopping
or standing the vehicle in the pay and display area, pay the fee payable
or display a prepaid voucher, or coupon in accordance with a payment
procedure declared by the council, for the period during which the vehicle
is to be parked in the pay and display area;
Obtaining receipt or activating electronic
in-car display
- immediately on payment of the fee, take
from the pay and display parking meter the parking receipt produced
for the payment of the fee (if any);
Display of receipt or electronic in-car display
- throughout the time that the vehicle
is parked in the pay and display area, display inside or on the vehicle
a parking receipt or an electronic in-car display device that shows
that the fee payable has been paid for the entire time that the vehicle
is parked in the pay and display area or other evidence of payment in
accordance with a payment procedure declaration by the council;
Removal of vehicle
- remove the vehicle from the pay and
display area immediately on or at some time before the expiry time printed
on the parking receipt or electronic in-car display or other evidence
of payment;
- remove the vehicle from the pay and
display area immediately on or at some time before the end of the maximum
time declared for the pay and display area;
Restrictions on display
- not display a parking receipt or other
evidence of payment in a manner that is likely to deceive or confuse;
- not display a copy of a parking receipt
or other evidence of payment, or an altered or false parking receipt
or other evidence of payment.
Misuse of parking meter
25.15.6
A person must not misuse, damage or tamper
with a parking meter.
Exemptions
25.15.7
Without limiting the generality of clause 25.12.3 of this Bylaw, conditions imposed
under that clause may include the following:
- a requirement to show on any vehicle
or vehicles to which the exemption applies, a sticker, label, electronic
display or similar document or mechanism setting out the days and times
when the exemption has effect; and
- a limitation to a specified geographical
area.
25.15.8
Failure to comply with the requirements
of any provision in clause 25.15 (except clause 25.15.2) of this Bylaw constitutes a breach
of this Bylaw.
25.15.9
Breach of clause 25.15 (except clause 25.15.2) of this Bylaw or any provision in
clause 25.15 (except clause 25.15.2) of this Bylaw is an offence against
this Bylaw.
25.15.10
The fine for any offence which is against
clause 25.15 of this Bylaw, or which is against any
applicable provision of the Transport Act 1962 and involves breach of
any provision of clause 25.15 of this Bylaw, is the applicable fine
in Schedule 1B of the Land Transport (Offences and Penalties) Regulations
1999:
25.16 Removal of vehicles - towing
25.16.1
In addition to the powers conferred upon
it by any other enactment, the council may, acting through an authorised
officer, order the removal from any road or from any parking place a
vehicle or trailer using the road or parking space in breach of any
provisions of this Part of this Bylaw including when it relates to:
- The stopping, standing or parking of
a vehicle in breach of a prohibition imposed by a clearway or no stopping
sign affecting that vehicle;
- The stopping, standing or parking of
a vehicle on the grass verge forming part of a road in breach of clause 25.8.2(b);
- The stopping, standing or parking of
a vehicle on any part of a road lying outside its carriageway, and which
does not constitute a grass verge as described in clause 25.8.2(b);
- The keeping of any vehicle or trailer
stationary in any road or public place in circumstances contravening
clause 25.8.2(d);
- The stopping, standing or parking of
a vehicle in any parking space reserved for the exclusive use of vehicles
driven by or carrying disabled persons and not displaying the required
operation mobility card or permit;
- Any vehicle to which clause 25.8.2 applies being left stationary and unattended
on any road, whether otherwise lawfully stopped or not.
25.16.2
When acting pursuant to the provisions
of this clause the council shall remove the vehicle or trailer to a
place of safety, and it shall release the vehicle or trailer to the
owner upon payment of the reasonable costs of removal of the vehicle
or trailer and set by resolution of the council.
Special vehicle lanes and cycle paths
25.17 Special vehicle lanes
25.17.1
The council may by resolution specify
the location of special vehicle lanes.
25.17.2
Any special vehicle lane specified under clause 25.17.1, is a "special vehicle lane" as that
term is used is the Land Transport (Road User) Rule 2004. A special
vehicle lane must restrict the use of a lane to a specified class or
classes of vehicles and must be one of the following:
- Bus lane;
- Cycle lane;
- Transit lane;
- Light rail vehicle lane;
- Restricted vehicle lane.
25.17.3
No person may use a vehicle traffic lane
specified under clause 25.17.1 in a manner contrary to the restriction
applicable to that type of lane.
25.17.4
Any special vehicle lane specified under
clause 25.17.1 shall be evidenced by the appropriate
signs and markings.
25.18 Cycle paths
25.18.1
The council may by resolution:
- specify any land owned or controlled
by the council to be a cycle path;
- fix the length, route and siting of
a public cycle path;
- put up signs indicating the location
of the cycle path.
25.18.2
Where a cycle path is provided and marked
every person must:
- use only the marked cycle path on the
footpath, or the road; and
- not cycle on the footpath, if the cycle
path is provided separate to the footpath, except for the purpose of
the delivery of newspapers, mail or printed material to letterboxes.
25.18.3
Where a cycle path is located on a footpath,
it must be clearly marked out by white lines painted on the footpath;
Signs
25.18.4
Signs indicating cycle paths shall be
displayed in appropriate positions.
Right of way to pedestrians
25.18.5
Where pedestrians are permitted to use
a cycle path, persons riding cycles must give way to pedestrians using
the cycle path.
Auckland Domain
25.19 Auckland Domain
25.19.1
No person shall in the Auckland Domain:
- Drive any goods service vehicle including
a heavy motor vehicle except for the purpose of delivering goods to
a facility within the Domain, without the prior permission of an authorised
officer;
- The foregoing restrictions will be
displayed on appropriate signs within the Domain.
Great Barrier Island
25.20 Large vehicle controls - Great Barrier Island
Explanatory note
25.20.1
Clauses 25.20.2 to 25.20.5 are enacted in the interest
of safety of road users, and to control the increasing use of large
vehicles on roads on Great Barrier Island which are unsuitable for this
purpose.
Limitation on vehicle length
25.20.2
No person shall operate on any road on
Great Barrier Island any vehicle which with its trailer (if any) exceeds
10 metres in overall length.
25.20.3
The foregoing prohibitions shall not
apply to vehicles as specified in Clause 25.20.2 which were in use on Great Barrier
Island prior to the 17th October 1991.
Dispensations
25.20.4
The Great Barrier Island Community Board
may authorise the use of any vehicle that exceeds the length of vehicles
specified in clause 25.20.2 on any route or routes on the Island.
Any such authorisation shall apply only to a vehicle which is not on
the Island at the time of the exemption being granted.
25.20.5
An authorised officer may grant an authorisation
for a vehicle as specified in Clause 25.20.2 for a particular occasion or occasions.
Any such authorisation shall apply only to a vehicle which is not on
the Island at the time of the exemption being granted.
25.21 Roads restricted to four wheel drive vehicles - Hauraki
Gulf Islands
25.21.1
Clauses 25.21.2 to 25.21.3 are enacted in the interests of the safety
of road users and the local community, by restricting the use of those
roads on the Hauraki Gulf Islands which are unsuitable for vehicles
other than four-wheel drive vehicles and motorcycles.
Restriction on vehicular use of certain roads
25.21.2
The council may by resolution after consultation
with the community board specify roads or parts of roads on the Hauraki
Gulf Islands that may only be used by four wheel drive vehicles and
motorcycles.
Signs
25.21.3
Signs restricting all but four wheel drive
vehicles and motorcycles to the roads named in clause 25.21.2 must be displayed at each prohibited
entry point.
25.22 Roads restricted to all-terrain vehicles (quad bikes)
and motorcycles - Hauraki Gulf Islands
25.22.1
Clauses 25.22.2 to 25.22.3 are enacted in the interests of the safety
of road users and the local community, by prohibiting the use of certain
roads on the Hauraki Gulf Islands which are unsuitable for vehicles
other than all-terrain vehicles (quad bikes) and motorcycles.
Restriction on vehicular use of certain roads
25.22.2
The council may by resolution after consultation
with the community board specify roads or parts of roads on the Hauraki
Gulf Islands that may not be used by motor vehicles except all-terrain
vehicles (quad bikes) and motorcycles.
Signs
25.22.3
Signs prohibiting all but all-terrain
vehicles (quad bikes) and motorcycles on the roads named in clause 25.22.2 must be displayed at each prohibited
entry point.
Schedule of Amendments
Amendment No 1 of 2008 (68k PDF) to the Traffic Bylaw
Amendment No 2 of 2009 (56k PDF) to the Traffic Bylaw
Amendment No 3 of 2009 (17k PDF) to the Traffic Bylaw
