Bylaw Prescribing Traffic Lane for Use by a Timetabled Public Passenger Service Vehicle Pursuant to section 61 (3) of the Transit New Zealand Act 1989, Transit New Zealand makes the following bylaw: B y l a w 1. This bylaw may be cited as the Transit New Zealand Bylaw 1998/17. 2. This bylaw shall come into force 28 days after its publication in the New Zealand Gazette. 3. In this bylaw unless a contrary intention appears: 3.1 ``Accident'' means an unintentional or unexpected act causing a vehicle to become immobile or practically immobile for the purposes of travelling safely on the motorway; 3.2 ``Breakdown'' means an unexpected defect in the machinery of a vehicle causing that vehicle to become immobile or practically immobile for the purposes of travelling safely on the motorway; 3.3 ``Breakdown vehicle'' has the same meaning as that phrase as defined in the Traffic Regulations 1976; 3.4 ``Bus Lane'' means that part of the shoulder of the motorway set out below: (a) The bus lane on the southbound shoulder of the Auckland Northern Motorway section of State Highway 1 between Constellation Drive southbound on-ramp and the Exmouth Road footbridge; and (b) The bus lane on the south-east-bound shoulder of the Auckland North-western Motorway section of State Highway 16 between the Selwood Road southbound on-ramp and the Patiki Road off-ramp. For avoidance of doubt the bus lanes set out above shall commence at the point marked by the traffic signpost set out in Schedule B appended hereto and shall end at the point marked by the traffic signpost set out in Schedule D appended hereto. The traffic signpost set out in Schedule C appended hereto shall be displayed at intervals of not more than 400 metres along the extension of the respective bus lanes between the traffic signposts set out in Schedule B and Schedule D hereto: The traffic signpost set out in Schedule A appended hereto shall be displayed approximately 100 metres before the commencement of the bus lane as marked by the sign post shown in Schedule B; 3.5 ``Motorway'' has the same meaning as that phrase as defined in the Transit New Zealand Act 1989; 3.6 ``Passenger service'' has the same meaning as that phrase as defined in the Transport Services Licensing Act 1989; 3.7 ``Police Officer'' has the same meaning as that phrase as defined in the Traffic Regulations 1976; 3.8 ``Public passenger service'' means a passenger service used or available for use by the community at large and servicing the public without restriction or limitation to any particular class of the community; 3.9 ``Shoulder'' means that sealed area on the extreme left hand side of a motorway, such sealed area being physically defined on both sides by a continuous white line; 3.10 ``Timetabled public passenger service'' means a public passenger service, the routes, areas of operation, operating hours, fares and other details of which have been notified in compliance with section 48 of the Transport Services Licensing Act 1989 and such notified public passenger service has been registered pursuant to section 49 of that Act; 3.11 ``Timetabled public passenger service vehicle'' means a motor vehicle within the meaning of the Transport Act 1962 whilst it is used in fulfilling, conducting and performing a timetabled public passenger service; 3.12 ``Traffic Officer'' has the same meaning as that phrase as defined in the Traffic Regulations 1976; 3.13 ``Use'' has the same meaning as that phrase as defined in the Traffic Regulations 1976; 3.14 ``Vehicle'' has the same meaning as that phrase as defined in the Traffic Regulations 1976. 4. No person, being the driver of a vehicle or person in charge of a vehicle, shall use, drive, stop, stand or park that vehicle on or along any part of a bus lane whether that vehicle is attended or unattended during the period of 6.30 a.m. and 9.30 a.m. Monday to Friday (inclusive) unless: 4.1 That person is driving or is in charge of a timetabled public passenger service vehicle and that vehicle is fulfilling a timetabled public passenger service at the time of travelling along the bus lane; or 4.2 That person is driving or in charge of a vehicle which has suffered an accident or a breakdown on the motorway, such accident or breakdown occurring within 10 metres of any part of the bus lane and it is not reasonably practicable in the interests of road safety to use, stop, stand or park that vehicle in any other location while that vehicle is immobilised; or 4.3 That person is driving or in charge of a breakdown vehicle which is required by a traffic officer to attend to an accident or breakdown of a vehicle. 5. Any reference in this bylaw to any statute or regulation is deemed to include all amendments and revisions made from time to time to that statute or regulation. This bylaw was made by resolution passed by the Transit New Zealand Authority at a meeting held in Wellington on the 1st day of April 1998. Dated at Wellington this 29th day of April 1998. Signed on behalf of Transit New Zealand by: J. H. van BARNEVELD, National State Highway Manager, Transit New Zealand.6 [pb] *************** TAKE IN ARTWORK HERE ********************