Part 06 - Traffic Control

Airport shuttle - means a shuttle that is:

(a) operated by the holder of a valid passenger service licence to operate a shuttle service under the Land Transport Rules: Operator Licensing 2007; and

(b) used for hire or reward for the carriage of passengers who must begin or end their journey at the Auckland Airport.

Auckland airport - means the airport located at Mangere Auckland as defined in the Auckland Airport Act 1987.

Auckland region - means that region as defined in the Local Government (Auckland Region) Reorganisation Order 1989.

Authorised officer - means an authorised officer of the Council.

Authorised vehicle - means any vehicle that requires access to, or use of, a busway transport station, for a purpose relating to the maintenance, inspection, operation, or regulation of the use of the busway transport station and is authorised by us to gain access for that specified purpose or purposes.

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 roads.

Breakdown vehicle - has the same meaning as in the Traffic Regulations 1976.

Bus - the same meaning as in the Land Transport (Road User) Rule 2004.

Busway parking place - means those areas of land adjacent to the Albany, Constellation, Akoranga, Sunnynook and Smales Farm Busway Transport Stations that are declared by us by resolution under clause 6.5.11.2(a) as places where only the class of vehicles specified in clause 6.5.11.1, may wait.

Busway transport station - means those pieces of land and lengths of road shown on the maps attached as Appendix A, comprising the Albany, Constellation, Sunnynook, Akoranga and Smales Farm Busway Transport Stations which are controlled and occupied by us.

Charter bus - means a heavy omnibus that is engaged to transport a specified group to and from a specified point in accordance with clause 4.5(5) of the Land Transport Rule:  Work Time and Logbooks 2007.

Cycle - the same meaning as in the Land Transport (Road User) Rule 2004.

Emergency vehicle - has the same meaning as in the Land Transport (Road User) Rule 2004.

Enforcement officer - the same meaning as in the Land Transport (Road User) Rule 2004.

Goods vehicle - the same meaning as the Land Transport (Road User) Rule 2004.

Heavy motor vehicle - the same meaning as in the Land Transport Act 1998.

Heavy omnibus - has the same meaning as in the Land Transport Rule: Heavy Vehicles 2004.

Holiday speed limit - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Inter-region bus – means a heavy omnibus working a defined and regular schedule of routes and times that start and/or finish outside the Auckland Region.

Metered space - a space or section of a road or a piece of land in a metered zone marked out pursuant to clause 6.6.2 by painted lines for the accommodation of a vehicle and at which a parking meter has been installed.

Metered zone - any road or portion thereof or any piece of land authorised by the Council to be used as a place where vehicles may park and at which parking meters are installed.

Minimum speed limit - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Motor cycle - the same meaning as in the Land Transport (Road User) Rule 2004.

Northern Busway - means that part of the Auckland Northern Motorway section of State Highway No 1 identified in Schedule 1 of the New Zealand Transport Agency Bylaw 2008/01.

Operator - means a person who has control of the operation of a passenger service.  For the avoidance of doubt, a driver is not an operator unless they also have control of the operation of the passenger service.

Parking - the same meaning as in the Land Transport (Road User) Rule 2004.

Parking meter - includes:

(a) an apparatus designed to receive payment of fees for parking, 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

(b) a pay and display parking meter.
 

Parking permit - means a written authority from us with or without prescribed conditions and charges.

Parking place - 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 - 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 - the same meaning as in the Land Transport (Road User) Rule 2004.

Passenger service - has the same meaning as in the Land Transport Rule: Operator Licensing 2007.

Pay - for the purposes of clause 6.6.1 means:

(a) 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,

(b) 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 - 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 6.6.1.1 of this Bylaw to be a pay and display area, either at all times or at particular times.

Pay and display parking meter - an apparatus designed to receive payment of fees for parking, fix the period of parking allowed for any fee paid, and issue receipts 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.

Permanent speed limit - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Public transport service - has the same meaning as in section 5 Land Transport Management Act 2003.

Road - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Rural area - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Rural speed limit - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Scheduled heavy omnibus service - means a service conveying fare-paying passengers by a heavy omnibus working a defined and regular schedule of routes and times starting and finishing within the Auckland Region.

Special event heavy omnibus service - means a service supplied by heavy omnibuses used for the sole purpose of transporting people to or from a specific special event that is being held over a short and defined period, for example concerts and sporting events.

Special vehicle lane - the same meaning as in the Land Transport (Road User) Rule 2004.

Speed limit - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Shuttle - has the same meaning as in the Land Transport Rule: Operator Licensing 2007.

Shuttle service - has the same meaning as in the Land Transport Rule: Operator Licensing 2007.

Taxi - a passenger service vehicle that has 9 or fewer seating positions (including the driver's seating position) and which otherwise accords with the definition of taxi in the Transport Services Licensing Act 1989.

Tour bus - means a heavy omnibus that is operated in accordance with clause 2.1(5) of Land Transport Rule:  Work Time and Logbooks 2007.

Transport station - a place where transport service vehicles, or any class of transport service vehicles, may wait between trips and includes 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.

Transport service vehicle - the same meaning as in the Transport Services Licensing Act 1989.

U-turn - turning a vehicle from facing or travelling in one direction to facing or travelling in the opposite direction.

Urban speed limit - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Urban traffic area - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Use - has the same meaning as in the Traffic Regulations 1976.

Variable speed limit - the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.

Vehicle - has the same meaning as in the Traffic Regulations 1976.

6.2 Traffic controls

You must not:

(a) drive a vehicle, except a cycle, on a cycle track;

(b) park or leave any vehicle on any lawn, garden, or other cultivation adjacent to, or forming part of, a road;

(c) leave on a road for more than seven days a vehicle which does not have effective motive power, or which due to its condition, cannot be safely driven;

(d) repair, alter or add to a vehicle in the course of trade while the vehicle is on the road, unless necessary to enable the vehicle to be removed from the road; or

(e) park a vehicle or trailer displaying advertising material on a road for the principal purpose of advertising without our written permission. For the sake of clarity, this restriction includes motor vehicles displayed for sale, and mobile billboards.

6.3 Traffic restrictions

6.3.1 We may, by resolution:

(a) identify the roads or parts of roads, and the times at which u-turns are prohibited;

(b) identify the roads or parts of roads where traffic must travel in one direction only;

(c) specify in accordance with clause 6.3.4 the location of special vehicle traffic lanes the use of which are restricted; and

(d) prohibit, limit or restrict the parking, stopping or standing of vehicles on any road at any time.

6.3.2  We will erect signage and mark out the road (in accordance with the Land Transport Rule 54002: Traffic Control Devices 2004) to advise you of any restriction or prohibition in terms of clause 6.3.1.

6.3.3  We may erect a portable parking restriction sign to temporarily prohibit parking in any particular location.

6.3.4  Any special vehicle traffic lane specified under clause 6.3.1(c) must restrict use to a specified class or classes of vehicles and include one, or a combination of the following types of lanes:

(a) Cycle Lane: Any lane identified as a Cycle Lane may only be used by cycles;

(b) Motor Cycle Lane: Any lane identified as a Motor Cycle Lane may only be used by motor cycles;

(c) Bus Lane: Any lane identified as a Bus Lane may only be used by buses;

(d) High Occupancy Lane – 2 People: Any lane identified as a High Occupancy Lane 2 may only be used by vehicles carrying no fewer than two people;

(e) High Occupancy Lane – 3 People: Any lane identified as a High Occupancy Lane 3 may only be used by vehicles carrying no fewer than three people;

(f) Transit Lane: Any lane identified as a Transit Lane has its use restricted in accordance with the Land Transport (Road User) Rule 2004 provisions for ''Transit Lanes''.

6.3.5  Any resolution under clause 6.3.1(c) identifying a traffic lane the use of which is restricted, does not apply to any vehicle which is using the lane for a distance of not more than 50 metres for the purpose of turning into a side road or a property fronting the road on which the identified traffic lane is located.

6.4 Parking places, buildings and transport stations

6.4.1  We may by resolution:

(a) declare any piece of land or any length of road or any other place owned, controlled, or occupied by us to be a parking place or transport station;

(b) define the times, manner and conditions for parking of vehicles in any parking place or transport station;

(c) 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;

(d) impose conditions and charges payable for the parking of vehicles, whether by parking meters, licence fee or rental, and include penalty fees in any such parking place or transport station; and

(e) 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.

6.4.2  Where we grant a licence to be held to use a parking place or transport station:

(a) we may grant the licence on terms and conditions for the use of the parking place, transport station or any specified lot or lots;  and

(b) we may revoke or cancel the licence; and

(c) you must not park, stop or stand a vehicle in a parking place, transport station or lot without holding a licence for that parking place or lot.

6.4.3  Except as provided in subclauses 6.4.1(c), and 6.4.4, no part of a road may be designated as a parking place available only to a specified person or to vehicles owned or operated by a specified person or by specified classes of persons.

6.4.4  We may reserve any parking space for the exclusive use of vehicles driven by or carrying disabled persons, and displaying an operation mobility card/permit either generally or at specified times. Every reserved space shall be indicated by appropriate signs.

6.5 Busway transport stations

6.5.1 Who May Apply for Authorisation to Operate Within Busway Transport Stations

You, as an operator, may apply for authorisation to operate vehicles of the type listed below within any busway transport station by making an application to us on the form provided by us:

(a) heavy omnibuses engaged in a scheduled service, special event service, charter bus service, tour bus service or inter-region bus service; or

(b) airport shuttles.

6.5.2 Content of Application for Authorisation

An application for authorisation to operate vehicles of the types listed in 6.5.1 within any busway transport station must include the following information:

(a) details of the emergency procedures that you will follow if any vehicle operated by you breaks down in any busway transport station.  Those emergency procedures must appoint a breakdown vehicle company and an appropriate haulage company that will attend the breakdown and/or tow the disabled vehicle and provide for the attendance of those vehicles at the site of the breakdown within 30 minutes of a vehicle breaking down.  In the event that the hours of operation of any appointed breakdown vehicle company or haulage company is limited, you will not be authorised to operate vehicles in any busway transport station outside of those hours of operation;

(b) the method of communication to be operated between your drivers and the busway operations centre;

(c) the number and type of vehicles that will use the specified busway transport stations and the schedule of services (where appropriate), time or times when those vehicles will use those stations.

6.5.3 Authorisation Conditions

On the grant of an authorisation under clause 6.5.6 to operate vehicles within any busway transport station we may impose conditions relating to the following matters:

(a) the emergency procedures that are approved by us;

(b) the method of communication between your drivers and busway operations centre that is approved by us;

(c) the maximum number of vehicles that may use any specified busway transport station at any given time or times (including during peak and off-peak times) or on different days of the week;
 
(d) prioritisation of the different types of vehicles that may be authorised to use the busway transport stations and the Northern Busway in accordance with the hierarchy in clause

6.5.7.2;

(e) any other conditions necessary to ensure safe and efficient operation of the Northern Busway and in particular to manage the finite capacity of vehicles on the Northern Busway including managing merging with traffic on the harbour bridge.

6.5.4 Authorised Operator Must Comply With Conditions

You, as an operator wishing to operate vehicles in any busway transport station must comply with any conditions attached to the authorisation given under clause 6.5.6.

6.5.5 Emergencies

Notwithstanding the approval by us of an operators' emergency procedures, in the event of any breakdown in any busway transport station:

(a) an authorised officer may require a breakdown vehicle other than the vehicle appointed by the authorised operator, to attend the breakdown; and

(b) the driver of the broken down vehicle must comply with any instructions given by an authorised officer.

6.5.6 Deciding your Application for Authorisation

6.5.6.1 After considering any application for authorisation made under clause 6.5.1 we may:

(a) decline your application if the Council is not satisfied in respect of any of the matters referred to in clause 6.5.2 or 6.5.3 above;  or

(b) grant your application; and

(i) determine the term of the authorisation;
(ii) impose any reasonable conditions concerning the matters listed in 6.5.3 above; and
(iii) set a review period.

6.5.6.2 The Council will provide an applicant with reasons in writing for a decision to decline an application.

6.5.7 Prioritisation of Use

6.5.7.1 The use of the busway transport stations will be prioritised in accordance with the hierarchy in clause 6.5.7.2, taking into account the capacity constraints of the Northern Busway, including that caused by the merging of vehicles using the Northern Busway into the traffic lanes approaching the harbour bridge.

6.5.7.2 The priority accorded to vehicles to be given authorisation to use the busway transport stations will be as follows:

(a) First priority: scheduled heavy omnibus services;

(b) Second priority: other services that have equal priority being;

(i) special event heavy omnibus services;
(ii) airport shuttles;
(iii) charter buses (other than special event heavy omnibus services);
(iv) tour buses;
(v) inter-region buses.

6.5.7.3 For the avoidance of doubt, other services in clause 6.5.7.2(b) have equal priority as between themselves.

6.5.8 Authorisation Fees

When you apply for any authorisation under this part of the Bylaw you are required to pay the prescribed fee that may be set by us.

6.5.9 When we may Review, Suspend, Vary or Cancel an Authorisation

6.5.9.1 Notwithstanding any conditions imposed on any authorisation, we may review, suspend, amend or revoke any authorisation issued under this part of the Bylaw if we reasonably believe that:

(a) action is required to protect public safety;

(b) there has been an alleged breach of any condition or conditions of the authorisation;

(c) there has been an alleged breach of this part of the Bylaw;

(d) the merging capacity of the Northern Busway with harbour bridge traffic is potentially compromised as a consequence of the existing authorisation;

(e) action is required to preserve the priority accorded to different types of vehicles that may be authorised to use the busway transport stations in accordance with the hierarchy under clause 6.5.7.2;

(f) action is required to ensure safe and efficient operation of the Northern Busway and in particular to manage the finite capacity of vehicles on the Northern Busway including managing merging of those vehicles with traffic on the harbour bridge.

6.5.9.2 If the reason for reviewing, suspending or revoking any authorisation arises under clause 6.5.9.1(a), we may act urgently to suspend the authorisation by serving written notice of suspension on the holder of the authorisation;

6.5.9.3 If we are considering suspending, reviewing, amending and revoking any authorisation for any reason we may require you, on one months notice, to attend a hearing to explain why your authorisation should not be suspended, reviewed, amended or revoked.

6.5.9.4 If you do not attend that hearing or after the hearing, we are satisfied that you have been in breach of the Bylaw or that the authorisation needs to be suspended, reviewed, amended or revoked we may suspend, review, amend or revoke the authorisation at our discretion.

6.5.10 Use of Busway Transport Station

6.5.10.1 You must not use or drive a vehicle on or along any road within a busway transport station unless:

(a) you are driving a vehicle which is operated by an operator that has been granted an authorisation under clause 6.5.6 above and the vehicle is not open-topped; or

(b) you are driving an emergency vehicle in an emergency or driving a vehicle and have approval from either the New Zealand Police or an authorised officer to use the road within a busway transport station in an emergency; or

(c) you are driving an authorised vehicle; or

(d) you are driving a breakdown vehicle which is required by an authorised officer to attend to an accident or breakdown.

6.5.10.2 You must not stop, stand, or park any vehicle that you are driving or are in charge of in any busway transport station, whether that vehicle is attended or unattended, unless:

(a) you are driving or are in charge of a vehicle, which is operated by an operator that has been granted an authorisation under clause 6.5.6 and you stop at a place identified by us as being a stop designated for your use.  For the avoidance of doubt, the location and designated use of bus stops within the busway transport stations will be identified by signage; stopping is only for the purpose of loading and unloading passengers; and no person, being the driver or the person in charge of a vehicle shall stand or park that vehicle at any bus stop within a busway transport station; or

(b) you are driving or are in charge of a vehicle that is operated by an operator that been granted an authorisation under clause 6.5.6, or an authorised vehicle and you stand or park at a place within the busway transport station identified by signs to be used for that purpose and you do so in accordance with any limitations or restrictions specified on those signs; or
 
(c) you are driving or are in charge of a vehicle that is operated by an operator that been granted an authorisation under clause 6.5.6 and that vehicle has suffered an accident or breakdown in a busway transport station; or

(d) you are driving or are in charge of a breakdown vehicle which is required by an authorised officer to attend to an accident or breakdown of a vehicle in a busway transport station; or

(e) you are driving or are in charge of an authorised vehicle.

6.5.10.3 We may remove from busway transport stations, vehicles using the stations in breach of these Bylaws and recover payment of the reasonable cost of removal.

6.5.10.4 You must not perform a u-turn within a busway transport station on those parts of roads which are identified by road marking or signage as being locations where u-turns are prohibited.

6.5.10.5 You must not turn to the right or to the left from those parts of roads within a busway transport station which are identified by road marking or signage as being locations where such turns are prohibited.

6.5.10.6 Transitional Provisions

Every authorisation to operate heavy omnibuses within any busway transport station that is in existence on the day the amendments to the busway transport station Bylaws came into force shall:

(a) continue but be subject to this Bylaw; and

(b) notwithstanding (a) be subject to a right of annual review by the Council in accordance with clause 6.5.9 from the twelve month anniversary of grant.

6.5.11 Busway Parking Places

6.5.11.1 You must not park or leave any vehicle that you are driving or are in charge of in a busway parking place unless you do so in order to use the adjacent busway transport station for the purpose of travelling on a vehicle that is authorised under clause 6.5.10.1(a) above to use the busway transport station.

6.5.11.2 We may by resolution:

(a) declare any piece of land or any length of road or any other place owned, controlled, or occupied by us to be a busway parking place;

(b) define the times, manner and conditions for parking of those vehicles entitled under clause 6.5.11.1 to park in a busway parking place;

(c) declare the maximum time allowed for the parking of a vehicle in a busway parking place on any one occasion (called "the maximum time"); and
 
(d) impose conditions and charges payable for the parking of vehicles entitled under clause 6.5.11.1 to park in a busway parking place, whether by parking meters or as a pay and display area, including penalty fees.

6.5.11.3 We may remove from busway parking places vehicles using the places in breach of these Bylaws and recover payment of the reasonable cost of removal.

6.6 Parking in metered zones, pay and display areas, and resident's parking areas

6.6.1 Parking in Pay and Display Areas

6.6.1.1  We may by resolution:

(a) declare a piece of land or any length of road or any other place owned, controlled, or occupied by us to be a pay and display area either at all times or at particular times;

(b) 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);

(c) prescribe the fees payable for an exemption under Clause 6.6.3.5 of this Bylaw; and

(d) declare the maximum time allowed for the parking of a vehicle in a pay and display area on one occasion (called "the maximum time").

6.6.1.2  Where an area is declared by us to be a pay and display area we must:

(a) 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;

(b) indicate by painted lines the location of the pay and display area (without needing to mark completely the boundaries of the area); and

(c) erect signs indicating the location of the pay and display area.

6.6.1.3  Where the requirements of clauses 6.6.1.1 and 6.6.1.2 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.

6.6.1.4 If you park a vehicle in an area marked for use at any time as a pay and display area you must:

(a) 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;
 
(b) 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;

(c) 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.

6.6.1.5  If you park a vehicle in a pay and display area governed by the location of a pay and display parking meter placed pursuant to this Bylaw, you must:

(a) before, or within 5 minutes after, stopping or standing the vehicle in the pay and display area pay the fee payable for the period during which the vehicle is to be parked in the pay and display area;

(b) immediately on payment of the fee, take from the pay and display parking meter the parking receipt produced for the payment of the fee;

(c) throughout the time that the vehicle is parked in the pay and display area, display inside or on the vehicle a parking receipt that shows that the fee payable has been paid for the entire time that the vehicle is parked in the pay and display area;

(d) remove the vehicle from the pay and display area immediately on or at some time before the expiry time printed on the parking receipt;

(e) 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;

(f) not display a parking receipt in a manner that is likely to deceive or confuse; and

(g) not display a copy of a parking receipt or an altered or false parking receipt.

6.6.2  Parking in Metered Zones

6.6.2.1  We may by resolution specify:

(a) any part of road or land owned or controlled by us as a metered zone;

(b) the number, size and location of metered spaces within the metered zone;

(c) the days, times and periods for parking in the metered zone; and

(d) specify the charges payable for parking in the metered zone.

6.6.2.2  For each metered zone we must:

(a) mark out the metered spaces with white lines painted on the road; and

(b) install a parking meter at each metered space.

6.6.2.3  If you park a vehicle in a metered zone governed by the location of parking meters placed pursuant to this Bylaw, you must:

(a) park in a metered space so that the vehicle is facing in the general direction of movement of traffic on the side of the road on which the vehicle is parked;

(b) park as close as practicable to the line marking a metered space that is in the direction that the vehicle is facing;

(c) insert the parking fee in the parking meter;

(d) not park in a metered space without paying the parking fee.

6.6.3  Resident's Parking Areas

6.6.3.1 We may by resolution:

(a) identify any part of a road as being reserved for the exclusive parking of motor vehicles owned by residents of the surrounding area. Such part of a road (referred to as a "residents' exclusive parking area") shall be marked out and indicated by appropriate signs;

(b) impose conditions and charges for use of residents' exclusive parking areas;

(c) require a valid parking permit to be held for the use of residents' exclusive parking areas.

6.6.3.2 Where a resolution requires a parking permit to be held for the use of a resident’s exclusive parking area:

(a) the parking permit must be displayed inside a motor vehicle parked, stopped or standing in a residents' exclusive parking area. The parking permit must be displayed so as to be readable by an authorised officer standing outside the vehicle;

(b) the parking permit shall identify the motor vehicle in respect of which it has been issued. The permit shall apply only to the motor vehicle described in the permit;

(c) the parking permit must be returned to the Council immediately the resident ceases to be entitled to the privilege;

(d) the parking permit shall be valid and effective only during the time specified on the permit and in the street or area specified on the permit.

6.6.3.3  It shall be an offence to park, stop or stand a motor vehicle in a residents’ exclusive parking area without displaying a valid permit.

6.6.3.4  Where we impose a parking restriction, we may by resolution provide that the restriction does not apply to vehicles displaying a valid resident’s parking permit.

6.6.3.5  You must not:

(a) misuse, damage or tamper with a parking meter, display any advertisement or other material on any parking meter, or paint, write on or disfigure a parking meter;

(b) insert any object in a parking meter except a coin of New Zealand currency;

(c) if a parking meter is not in operation, park in a metered space or pay and display area governed by that parking meter for a period greater than the maximum period indicated on the meter;

(d) place or leave a motor cycle or bicycle against a parking meter or its standard

(e) park across a line marking a metered space or parking space within pay and display area, or not entirely within a metered space or parking space within pay and display area;

(f) park in a metered space or parking space within a pay and display area that is already occupied by a vehicle, except that more than one motor cycle may occupy a metered space or parking space within a pay and display area if no vehicle is parked closer than 4 feet from the rear line of the metered space or parking space within a pay and display area; or

(g) park at a time or a period exceeding any limit imposed by us and displayed on the parking meter.

6.6.3.6  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), 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 clauses 6.4 and 6.6 of this Bylaw.

6.6.3.7  We may temporarily discontinue use of a metered space or spaces, or a pay and display area or part thereof. This will be indicated by a sign on the parking meter or on the road itself.

6.6.3.8  Without limiting the generality of clause 6.6.3.6 of this Bylaw, conditions imposed under that clause may include the following:

(a) a requirement to show on any vehicle or vehicles to which the exemption applies, a sticker, label or similar document setting out the days and times when the exemption has effect; and/or

(b) a limitation to a specified geographical area.

6.6.3.9  Failure to comply with the requirements of any provision in clause 6.6 (except clauses 6.6.1.2 or 6.6.2.2) of this Bylaw constitutes a breach of this Bylaw.

6.6.3.10  Breach of clause 6.6 (except clauses 6.6.1.2 or 6.6.2.2) of this Bylaw or any provision in clause 6.6 (except clauses 6.6.1.2 or 6.6.2.2) of this Bylaw is an offence against this Bylaw.

6.6.3.11  The penalty for any offence which is against clause 6.6 of this Bylaw, or which is against any applicable provision of rule, regulation, or statute and involves breach of any provision of clause 6.6 of this Bylaw, is that specified in Part 1, Schedule 1B, Land Transport (Offences and Penalties) Regulations 1999.

6.7  Cycle tracks 

6.7.1  We may by resolution:

(a) specify any land owned or controlled by us to be a cycle track;  and
(b) form and mark out the location of the cycle track; and
(c) put up signs indicating the location of the cycle track.

6.7.2  Where a cycle track is marked you must:
(a) ride a cycle only within the marked cycle track and not on the footpath, except for the purpose of the delivery of newspapers, mail, or printed material to letterboxes; and
(b) give way to pedestrians when using the cycle track.

6.8 Stopping places, stands and loading zones

6.8.1  We may, by resolution, identify any part of a road or other land owned or controlled by us as a stopping place, stand, or loading zone for a specified class or classes of vehicle in accordance with the Land Transport (Road User) Rule 2004.

6.8.2  We may by publicly notified resolution impose charges for use of a stopping place or stand.

6.8.3  We may identify a temporary stopping place or stand.
 

6.8.4  You must not use a stopping place, stand, or loading zone for a vehicle other than a vehicle of the specified class.

6.9  Visual obstructions at intersections

6.9.1  You must not erect a fence or wall, or plant any vegetation within 20 metres of an intersection or corner of a road which may be a nuisance or danger to traffic.

6.9.2  We may, by notice in writing, require you to remove or cut back any fence, wall or vegetation which may be a nuisance or danger to traffic. The notice will specify the time within which the works must be done.

6.10  Heavy motor vehicles 

6.10.1  We may, by resolution, prohibit, limit or restrict the use of any road by any heavy motor vehicle at any time, unless the vehicle is used for:

(a) conveying an owner, occupier or invitee to a property fronting the road or in the immediate vicinity;  or

(b) providing an emergency service on the road or in the immediate vicinity; or

(c) carrying out work as a network utility operator on the road or in the immediate vicinity.

6.10.2  You must not park a heavy motor vehicle on any road in a predominantly residential area between 9pm and 7am.

6.11 Launching ramps

6.11.1 Without our prior written approval you must not use a launching ramp other than for launching boats from trailers or the retrieval of boats onto trailers. In addition you must not:

(a) stop a vehicle on any part of a launching ramp or the approaches to a launching ramp for longer than is necessary to launch or recover a boat;

(b) drive or move any vehicle onto a launching ramp to recover a boat before the boat is ready to be recovered;

(c) launch or recover or attempt to launch or recover any seaplane from a launching ramp except in an emergency; or

(d) launch or recover any boat which is drawn on land by mechanical means except from a launching ramp.

6.11.2  We may waive compliance with clause 6.11.1 on any day on which a nautical or other function is to be held and we consider it in the public interest to do so.

6.12  Little Shoal Bay reclamation

We may, by resolution, prohibit, limit or restrict the use of the Little Shoal Bay Reclamation (including parking areas and road known as Maritime Terrace and/or Council Terrace) for driving, stopping or parking of any vehicle or any specified class or classes of vehicle at any time.

6.13  Speed limits 

6.13.1  The Council designates all of the land within the district of North Shore City as an urban traffic area.

6.13.2  Except where specified otherwise under this Bylaw or any other enactment, the speed limit on roads in the urban traffic area is 50 km/hr.

6.13.3  The speed limit on those roads marked on the plan incorporated as the Second Schedule to Part 6 of the North Shore City Bylaw 2000 as having a speed limit other than 50 km/hr is the speed limit indicated by markings in accordance with the legend on that plan.

6.13.4  The Council may by publicly notified resolution:

(a) alter the boundaries of the urban traffic area;

(b) alter, add to or delete from the list of roads within the urban traffic area which have a speed limit other than 50 km/hr and specify the speed limit for such roads;

(c) establish or alter the boundaries of a rural area;

(d) specify roads within the rural area which have a speed limit other than 100 km/hr and alter, add to or delete from that list;

(e) review or set any permanent speed limit, holiday speed limit, minimum speed limit, variable speed limit or any other speed limit which it may review or set under the Land Transport Rule. Setting of Speed Limits 2003, including a permanent speed limit in a designated location, and rescind, amend or vary any such resolution.

6.13.5  No part of this Bylaw shall apply to any roads not under the jurisdiction of the North Shore City Council.

6.14  Exemptions

This part of the Bylaw does not apply to an ambulance, fire appliance, or police vehicle while carrying out urgent public duties.

6.15  Defences

6.15.1 If you are charged with a breach of this part of the Bylaw (other than a breach of clause 6.13), you will have a defence if you prove that the breach occurred under our direction, or the breach took place:

(a) in response to a situation on a road; and

(b) the situation was not of your own making; and

(c) the breach was made in order-

(i) to avoid the death or injury of a person; or
(ii) if the breach did not create a risk of death or injury or greater damage to any property, to avoid damage to any property.

6.15.2  If you are charged with a breach of this part of the Bylaw (other than a breach of clause 6.13), you will have a defence if you prove that the breach occurred-

(a) when the vehicle was engaged in a public work on a road; and

(b) the vehicle was being used with due consideration for other road users; and

(c) the breach was reasonably necessary for the purposes of that public work; and

(d) you took all reasonable care to prevent the occurrence of an accident, mishap, collision, damage, or any injury to or interference with any person, animal, or property, arising because of the breach.