Bylaw 2003/12: Bylaw Concerning
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 is the Transit New Zealand (Wellington Tunnels) Bylaw 2003/12 and comes into force 28 days after the date of its publication in the New Zealand Gazette.
2. Interpretation-In this bylaw, unless the context otherwise requires:
"Cycle" means a vehicle designed to be propelled solely by the muscular energy of the rider.
"Overdimension vehicle" means a vehicle that exceeds the requirements for dimension and mass set out in table 4.1 of the Land Transport Rule - Vehicle Dimensions and Mass 2002.
"Special traffic" means any vehicle described in
"Transit" means Transit New Zealand.
"Tunnel" means the Mt Victoria Tunnel or the Terrace Motorway Tunnel, as the case may be.
3. Classes of traffic prohibited-(1) No person may drive or operate in either tunnel, any vehicle carrying for any purpose (including transport for hire or direct reward) any dangerous goods as defined in the Land Transport Rule - Dangerous Goods 1999.
(2) Subclause (1) does not apply if:
(a) the dangerous goods are a means of propelling the vehicle and are properly contained in a tank or cylinder provided on the vehicle for that purpose; or
(b) the quantity of dangerous goods does not exceed the maximum quantity threshold specified in Schedule 1 of the Land Transport Rule - Dangerous Goods 1999 (whether or not that Schedule applies to the transport of the dangerous goods) and all the other requirements of the Land Transport Rule - Dangerous Goods 1999 are complied with.
(3) No person may drive or operate in either tunnel, any overdimension vehicle.
4. Special traffic permitted with consent-(1) Clause 3 does not apply to any vehicle that is being driven or operated in a tunnel in accordance with a consent given by Transit's Wellington Regional Manager.
(2) Consents under subclause (1) may be given:
(a) in respect of any specified vehicle or a class of vehicles;
(b) in respect of a specified occasion, or a specified period, or within specified times, or generally;
(c) subject to conditions considered by the regional manager to be appropriate in the interests of the safety of the public, proper traffic management, or the prevention of property damage, including damage to the tunnel.
(3) Where the regional manager considers it appropriate, he or she may require that:
(a) special traffic be escorted through a tunnel;
(b) other traffic be excluded from a tunnel while the special traffic is in or near the tunnel.
5. Costs-The regional manager may decline to grant any consent until the reasonable costs of granting the consent and, if relevant, ensuring compliance with clause 4 (3), have been paid, or he or she is satisfied that suitable arrangements have been made for those costs to be paid.
6. Pedestrian traffic-(1) No person may be within a tunnel on foot unless the person is:
(a) on the footpath of the Mt Victoria Tunnel; or
(b) in the tunnel to carry out maintenance authorised by Transit;
(c) on foot as a result of any crash, breakdown or other emergency; or
(d) a police officer or a person acting with the consent or at the request or direction of a police officer.
7. Cycles-(1) No person may ride any cycle in either tunnel, but cycles may be ridden on the footpath of the
Mt Victoria Tunnel from the intersection of Taurima Street and Ruahine Street through the Mt Victoria Tunnel to the intersection of Paterson Street and Brougham Street.
8. Activity within tunnel regulated-No person may, in a tunnel, without the consent or at the request or direction of a police officer:
(a) tow any vehicle other than a trailer;
(b) propel any vehicle by pushing it with another vehicle;
(c) change any tyre or wheel on a vehicle;
(d) repair any vehicle;
(e) fuel any vehicle;
(f) alight from any vehicle except as in accordance with clause 6;
(g) make, or attempt to make, a U turn;
(h) stop any vehicle without good cause.
9. Behaviour in tunnel restricted-No person may:
(a) remain in a tunnel after being requested to leave by a police officer or member of the fire service or ambulance service;
(b) leave any vehicle unattended in a tunnel;
(c) climb on any part of a tunnel;
unless that is a consequence of the person acting in accordance with clause 6 or clause 8.
This bylaw was made by resolution passed at a meeting of Transit New Zealand held in Wellington on 5 November 2003.
Dated at Wellington this 6th day of November 2003.
J. H. VAN BARNEVELD, National Highway Manager, Transit New Zealand.