State Highways
Pursuant to section 61 (3) of the Transit New Zealand Act 1989, Transit New Zealand hereby makes the following bylaw.
B y l a w
1. Title and commencement-This bylaw may be cited as the Transit New Zealand (Signs on State Highways) Bylaw 2003/13 and shall come into force 28 days after the date of its publication in the New Zealand Gazette.
2. Interpretation-In this bylaw:
"Official road sign" means any sign erected in accordance with the Traffic Regulations 1976, rules made under the Land Transport Act 1998 or the Manual of Traffic Signs and Markings (MOTSAM) for the time being in force.
"Sign" means any name, figure, character, outline, display, notice, placard, poster, banner of any kind, advertising device or appliance, or any other thing of a similar nature to attract attention that is on or over a State highway including being on any bridge or other structure that is over a State highway; and
(a) includes all materials composing the sign, together with the frame, background, structure and support or anchorage of the sign;
(b) includes any of the above listed things when fixed or mounted on any vehicle that is parked on a State highway for the purpose of displaying that sign;
(c) includes signs used by roadside vendors licensed under the Transit New Zealand (Roadside Vendors) Bylaw 1993/2;
(d) includes temporary local banners; but
(e) does not include any official road sign or traffic sign.
"State highway" means a State highway as defined in section 2 of the Transit New Zealand Act 1989 (which includes the carriageway, the road verge, associated land, structures and fixtures), and includes a motorway as defined in section 2 of that Act.
"Temporary local banner" means a banner relating to a specific event in the area where the banner complies with the Third Schedule to this bylaw and extends across a State highway carriageway.
"Traffic sign" means those signs detailed in the Fourth Schedule of the Traffic Regulations 1976.
"Transit" means the Transit New Zealand Authority established under section 4 of the Transit New Zealand Act 1989.
"Vehicle" has the same meaning as in section 2 of the Land Transport Act 1988.
3. Motorways-No person may construct, maintain or display or cause to be constructed, maintained or displayed on or over any part of a motorway any sign.
4. Need for consent-(1) No person may construct, maintain or display or cause to be constructed, maintained or displayed on or over any part of a State highway any sign unless the Regional Manager, Transit, for the relevant area consents, in writing, to the construction, maintenance or display of such sign.
(2) The restriction in subclause (1) does not apply to any sign constructed, maintained or displayed behind the kerbline of any State highway in any area where a 50km/h or lesser speed limit applies.
5. When consent may be given-(1) The Regional Manager, Transit, for the relevant area may consent to the construction, maintenance or display of any sign to which clause 4 (1) applies if:
(a) he or she is satisfied that the sign meets the relevant requirements specified in either the First or Second Schedule to this Bylaw; and
(b) he or she is satisfied that the sign meets the requirements of the relevant territorial authority; and
(c) he or she considers that the colours, wording, legend or siting of the sign will not:
(i) obscure or cause confusion with any official road sign or any traffic sign;
(ii) cause alarm or unduly attract the attention of people operating vehicles on the State highway;
(iii) create or contribute to a traffic hazard; or
(iv) in any other way compromise the safe and efficient operation of the State highway.
(2) The Regional Manager, Transit, for the relevant area may, subject to such conditions as he or she thinks appropriate, authorise a temporary local banner that does not comply with all or any of clauses 2, 4, 5, 6, or 7 of the Third Schedule.
6. Transit may impose conditions on consent-(1) Any consent given under this bylaw may be made subject to:
(a) time limits;
(b) conditions as to maintenance and maintenance activity; or
(c) conditions as to size, colour, wording, legend or siting of any sign including, in the case of signs that are not temporary local banners, conditions that are in addition to but not in conflict with the conditions imposed under the First Schedule, or Second Schedule, as appropriate
which the regional manager thinks appropriate.
(2) When considering the imposition of a condition, the regional manager must have regard to:
(a) the proximity of any official road sign or traffic sign;
(b) the proximity of any other sign authorised by this bylaw; and
(c) the effects listed in clause 5 (1) (c).
7. Decisions-(1) In considering whether to grant consent under clause 5 (1) of this bylaw, the Regional Manager, Transit, for the relevant area may, at his or her discretion, consider and rely on any report from the Police, any relevant territorial authority, or any employee of Transit, whether or not prepared in respect of the particular application.
(2) Where the regional manager is considering refusing consent or imposing a condition on the consent, the regional manager must give the applicant an opportunity to provide information relevant to the matters listed in clause 5 (1) for consideration, and comment on any report under subclause (1) in respect of the application.
(3) The regional manager must record his or her decisions in writing and where consent is refused, give reasons to the applicant.
8. Consent fee-(1) It is a condition of every consent given by/or under this bylaw to construct, maintain or display a sign in terms of this bylaw, that an annual licence fee is payable by the applicant.
(2) The annual licence fee payable is $300.00 for the initial year of any new consent granted under this bylaw and $100.00 for each subsequent year of the consent.
(3) No initial year fee is payable if a fee has been paid under the Signs on State Highways Bylaw 1987/3 in respect of the sign.
(4) All amounts specified in this clause include goods and services tax.
(5) The condition referred to in subclause (1) of this clause may be waived by the Regional Manager, Transit, for the relevant area where the sign is for non-profit or charitable purposes.
9. Revocation of consent-(1) Any consent given under this bylaw may be revoked by the Regional Manager, Transit, for the relevant area if:
(a) any condition of the consent is not adhered to;
(b) the person granted consent to construct, maintain or display a sign has committed any breach of this bylaw, or has allowed a breach to occur;
(c) Transit is of the opinion that forthcoming changes to the State highway or official road sign scheme on that portion of the State highway makes the continuance of the consent contrary to the criteria specified in clause 5 (1) and the First or Second Schedules, or is otherwise undesirable; or
(d) The person granted consent to construct, maintain or display a sign has failed to pay the annual licence fee (if any).
(2) The person who holds the consent for the sign must dismantle and remove that sign from the State highway within five working days of receiving written notice of the revocation of that consent or immediately if the Regional Manager, Transit, states that there is a safety issue.
10. Signs may be removed-(1) The Regional Manager, Transit, for the relevant area may at any time, through any authorised agent or representative, dismantle or remove any sign from the State highway if:
(a) the regional manager considers the colours, wording, legend or siting of the sign will cause one of the prohibited effects listed in clause 5 (1) (c);
(b) the regional manager has not given consent under clause 5 (1) to the construction, maintenance or display of the sign;
(c) the regional manager's consent for the construction, maintenance or display of the sign has been revoked under clause 9 (1) and the sign has not been removed by the consent holder as required by clause 9 (2);
(d) any condition imposed under clause 6 of this bylaw has not been complied with; or
(e) a temporary local banner constructed, maintained or displayed under clause 4 (1) does not meet the criteria set out in the Third Schedule or is in breach of any authorisation given under clause 5 (1).
(2) Any sign removed from a State highway under subclause (1) must be held by the Regional Manager, Transit, and made available for collection by the owner for a period of one month from the date of its removal. After such time, the regional manager may dispose of the sign in whatever way he or she considers appropriate.
(3) Transit must use reasonable care in the dismantling, removal and storage of any sign removed under this clause.
(4) Transit is not liable for any loss arising from the removal and/or disposal of any sign under subclause (2) of this clause, or any damage to the sign unless reasonable care was not used in its dismantling, removal or storage.
11. Owner of sign to be liable for damage caused to signs
-The owner of a sign is responsible for the sign and liable for any damage caused to, or by, the sign while on or over the State highway and any damage to the sign caused during its proper dismantling, removal or storage under clause 10 of this bylaw.
12. Vehicles may be removed-The Regional Manager, Transit, for the relevant area may at any time, through any authorised agent or representative, require the owner of any stationary vehicle on a State highway to remove or cover any sign, or seek the assistance of any enforcement officer to act, pursuant to their powers under section 113 (2) of the Land Transport Act 1998, to remove any stationary vehicle from a State highway if a sign fixed or mounted on the vehicle, or position of the vehicle:
(a) compromises the safe and efficient operation of the State highway in any way; or
(b) breaches any of the provisions of this bylaw.
13. Breach of bylaw-(1) Every person committing any breach of this bylaw or any condition imposed in a consent issued under this bylaw is liable upon conviction to a fine not exceeding $500.00.
(2) In the case of a continuing breach, Transit may seek an injunction under section 109 of the Transit New Zealand Act 1989 restraining the further continuance of the breach.
14. Role of territorial authorities-Where Transit has delegated its powers to control a State highway to a territorial authority under section 62 of the Transit
New Zealand Act 1989 then, subject to the terms of the delegation, this bylaw applies to the territorial authority as
if it was Transit and the chief executive of the territorial authority as if he or she were the Regional Manager, Transit.
15. Transitional provisions-Where any sign has been constructed or displayed prior to the commencement of this bylaw and that sign complied with the Signs on State Highways Bylaw 1987/3 but does not comply with the provisions of this bylaw, the owner of that sign must:
(a) dismantle and remove that sign; or
(b) apply for a consent to construct, maintain or display that sign in accordance with clause 5 (1) of this bylaw,
within 60 days from the commencement date of this bylaw.
16. Revocation of Signs on State Highways Bylaw 1987/3-
The Signs on State Highways Bylaw 1987/3 is hereby revoked.
First Schedule
Requirements for signs (other than temporary local banners) constructed, maintained or displayed on or over any State highway in an area where the speed limit is 70km/h or less than 70km/h:
1. The sign must not exceed 1 square metre in area or
2 metres for any edge dimension.
2. The colour combination used for the sign's background, wording and legend must not be likely to cause confusion with any of those used for any official road sign or traffic sign.
3. Lettering and symbols used must be at least 120 millimetres in height.
4. No reflective material may be used on the sign.
5. No internal or external illumination of the sign may be provided.
6. The bottom edge of the sign must not be more than 2.5 metres above road level or ground.
7. The sign must not be closer than 5 metres from the edge of the carriageway.
Second Schedule
Requirements for signs (other than temporary local banners) constructed, maintained or displayed on or over any State highway in an area where the speed limit is greater than 70km/h:
1. The sign must not exceed 1 square metre in area or
2 metres for any edge dimension.
2. The colour combination used for the sign's background, wording and legend must not be likely to cause confusion with any of those used for any official road sign or traffic sign.
3. Lettering and symbols used must be at least 160 millimetres in height with font that complies with Land Transport Safety Authority standards.
4. The sign must not display more than 6 words or symbols and no more than 40 characters.
5. No reflective material may be used on the sign.
6. No internal or external illumination of the sign may be provided.
7. The bottom edge of the sign must not be more than 2.5 metres above road level or ground.
8. The sign must not be closer than 5 metres from the edge of the carriageway.
9. The sign must be located so as to provide an unrestricted view to the motorist for a minimum distance of 180 metres.
Third Schedule
Requirements for temporary local banners:
1. No part of the banner may be less than 5.5 metres above road height.
2. Lettering and symbols used must be at least 300 millimetres in height.
3. No reflective material may be used on the banner.
4. The banner must not display more than 6 words or symbols.
5. The banner must be located at least 100 metres from
any intersection and at least 50 metres away from any pedestrian crossing.
6. The banner must be fixed securely.
7. The owner of the banner will be responsible for any damage caused to or by the banner.
8. The banner must not be located over any section of State highway subject to a speed restriction of more than
50 kilometres per hour.
9. The banner must not remain in place for more than
2 weeks in any year.
10. The banner must comply with any territorial authority requirements.
This bylaw was made by resolution passed at a meeting of Transit New Zealand held in Wellington on the 5th day
of November 2003.
Dated at Wellington this 6th day of November 2003.
Signed on behalf of Transit New Zealand by:
J. H. VAN BARNEVELD, National Highway Manager, Transit New Zealand.