CHRISTCHURCH CITY COUNCIL TRAFFIC AND PARKING BYLAW...

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted CHRISTCHURCH CITY COUNCIL TRAFFIC AND PARKING BYLAW 2008 1. Short Title 2. Commencement 3. Application 4. Interpretation Part 1 Traffic and Parking 5. Parking, Stopping and Standing Restrictions 6. Payment for of Parking Charges 7. Parking Coupons 8. Temporary Discontinuance of a Parking Space 9. Vehicles on Grass Berms Parking on Grass Berms or Verges 10. Vehicles on Grass Verges 10 . Heavy Vehicles Parking on in a Residential Area Streets 11 . Penalties for Parking Offences Part 2 Traffic Movement Restrictions 12 . One Way Streets 13 . Roads or Traffic Lanes Restricted to Specific Classes of Vehicles 14 . Turning Restrictions 15 . Prohibited Times on Roads 16 . Heavy Vehicles Using Residential Streets 16 . Penalties for Traffic Movement Offences Part 3 Events 17 . Events obstructing traffic Part 4 Vehicle Crossings 18 . Vehicle Crossings Part 5 Machinery or Equipments on Roads 19 . Use of Construction Machinery or Equipment 20 . Use of Waste-taker Bins, Receptacles or Any Other Object 21 . Caravans Motorhomes and Immobilised Vehicles 24. Immobilised/Immobile Vehicles 22 . Displaying Vehicles on Street Using the Road for Storage 23 . Working on Vehicles Part 7 6 Miscellaneous

Transcript of CHRISTCHURCH CITY COUNCIL TRAFFIC AND PARKING BYLAW...

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

CHRISTCHURCH CITY COUNCIL TRAFFIC AND PARKING BYLAW 2008

1. Short Title

2. Commencement

3. Application

4. Interpretation

Part 1 Traffic and Parking

5. Parking, Stopping and Standing Restrictions

6. Payment for of Parking Charges

7. Parking Coupons

8. Temporary Discontinuance of a Parking Space

9. Vehicles on Grass Berms Parking on Grass Berms or Verges

10. Vehicles on Grass Verges

10. Heavy Vehicles Parking on in a Residential Area Streets

11. Penalties for Parking Offences

Part 2 Traffic Movement Restrictions

12. One Way Streets

13. Roads or Traffic Lanes Restricted to Specific Classes of Vehicles

14. Turning Restrictions

15. Prohibited Times on Roads

16. Heavy Vehicles Using Residential Streets

16. Penalties for Traffic Movement Offences

Part 3 Events

17. Events obstructing traffic

Part 4 Vehicle Crossings

18. Vehicle Crossings

Part 5 Machinery or Equipments on Roads

19. Use of Construction Machinery or Equipment

20. Use of Waste-taker Bins, Receptacles or Any Other Object

21. Caravans Motorhomes and Immobilised Vehicles

24. Immobilised/Immobile Vehicles

22. Displaying Vehicles on Street Using the Road for Storage

23. Working on Vehicles

Part 7 6 Miscellaneous

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

24. Materials/debris on Roads and Damage to Roads

25. Vehicle Removal

26. Exempted Vehicles

27. Defences

28. Penalties

29. Revocations and Savings

30. Christchurch City Council General Bylaw 2008

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

CHRISTCHURCH CITY COUNCIL

TRAFFIC AND PARKING BYLAW 2008

Pursuant to the Local Government Act 1974, the Local Government Act 2002 and the Transport Act 1962, the Christchurch City Council makes this Bylaw. 1. SHORT TITLE (1) This Bylaw is the Christchurch City Council Traffic and Parking Bylaw 2008. 2 COMMENCEMENT (1) This Bylaw comes into force on 1 July 2008. 3 APPLICATION (1) This Bylaw applies generally to all roads under the care, control and management of the

Council. (2) This Bylaw does not apply to roads under the care, control and management of

Transit New Zealand, unless the Council and Transit New Zealand have entered into an agreement providing that this Bylaw applies to those roads.

(3) Nothing in this Bylaw limits the application of any other Act or any rules or regulations made under any other Act, for example, and without limitation- (a) the Transport Act 1962; (b) the Land Transport Act 1998; (c) the Local Government Act 1974; (d) the Land Transport (Road User) Rule 2004; (e) the Land Transport Rule: Traffic Control Devices 2004.

4 INTERPRETATION (1) In this Bylaw, unless the context otherwise requires,

"ANIMAL" means any member of the animal kingdom other than a human. "AUTHORISED OFFICER" means an officer or other person appointed by the Council to perform duties required under this Bylaw, irrespective of the designation given to that officer or person. "CARAVAN" means any vehicle or contrivance that is equipped with wheels or revolving runners upon which it moves or is moved and which is designed to provide people with a temporary residence, and to avoid any doubt, includes a motorhome. “CARRIAGEWAY” means that part of a road laid out for vehicular traffic as determined by the Council under section 319 of the Local Government Act 1974. "COUNCIL" means the Christchurch City Council and includes any person, authorised by the Council to act on its behalf. “DISPLAY” for the purposes of a parking receipt, means placing the parking receipt in a conspicuous position inside or on a vehicle so that all the information printed on the parking receipt is readable by a person standing outside the vehicle. "DRIVER" has the meaning given to that term in the Land Transport (Road User) Rule 2004.

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

“EMERGENCY VEHICLE” has the meaning given to that term in the Land Transport (Road User) Rule 2004. "ENFORCEMENT OFFICER" means: (a) any person who has been appointed as an enforcement officer by the Council

under the Local Government Act 2002; or (b) any person who is an enforcement officer under the Land Transport Act 1998. "FOOTPATH" has the meaning given to that term in the Land Transport (Road User) Rule 2004. "GRASS BERM" is the area behind a kerb which is laid out in grass and may include the a riverbank area. "GRASS VERGE" is the area of road, which is laid out in grass: (a) between the carriageway and a kerb; or (b) adjacent to the carriageway where there is no kerb and which may include the a

riverbank area. "HEAVY MOTOR VEHICLE" has the meaning given to that term in the Land Transport (Road User) Rule 2004. "HEAVY TRAFFIC" means: (a) the use of any heavy motor vehicle; or (b) any other traffic declared to be heavy traffic by Land Transport New

Zealand by Order in Council. "HOURS OF DARKNESS" means any period of time between half an hour after sunset on any one day and half an hour before sunrise on that the next day. “IMMOBILISED VEHICLE” means any vehicle that cannot be moved on its own because it is mechanically not able to be moved or has a wheel or wheels are missing from the vehicle. "LANE" has the meaning given to that term in the Land Transport (Road User) Rule 2004. "LIVESTOCK" or "STOCK" means any horse, cattle, sheep, pig, goat, mule or ass of whatever age or sex and whether in a domestic or wild state and includes any other animal farmed for profit. "LOCAL ROAD" means a road that is classified as a local road in the District Plan. "MOTORHOME" means any motorised vehicle designed to be used for human habitation. "MOTOR VEHICLE" has the meaning given to that term in section 2(1) of the Land Transport Act 1998. "OWNER" in relation to a motor vehicle, means the person lawfully entitled to possession of that motor vehicle, except where:- (a) the motor vehicle is subject to a bailment that is for a period not exceeding 28

days; or (b) the motor vehicle is let on hire pursuant to the terms of a rental-service licence –

in which case "owner" means the person who, but for the bailment or letting on hire, would be lawfully entitled to possession of the motor vehicle; and "owned" and "ownership" have corresponding meanings.

"PARKING" has the meaning given to that term in the Land Transport (Road User) Rule 2004. "PARKING COUPON" or "COUPON" means a coupon issued by or on behalf of the Council to any person for the purpose of parking a vehicle in accordance with the provisions of this Bylaw.

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

"PARKING METER" (a) means an apparatus designed to

(i) receive payment of parking feescharges; and (ii) indicate whether any parking feecharge has been paid; and (iii) fix the period of parking allowed for any parking feecharge paid; and (iv) indicate whether the period for which any such parking feecharge has

been paid has elapsed; and (b) includes a pay and display machine. "PARKING SPACE" means a space or an area on a road that has been marked out specifically for parking. "PARKING RECEIPT" means a receipt produced by a parking meter to indicate the payment of a parking feecharge for parking and the end of the period allowed. "PARKING WARDEN/OFFICER" means a parking warden appointed or deemed to be appointed by the Council under section 7 of the Transport Act 1962. "PAY AND DISPLAY AREA" means a restricted parking area that has been set aside as a Pay and Display area under clause 5. "PERMIT" means a permit supplied by the Council. “PRESCRIBED SIGN” means any applicable traffic control device (such as a traffic sign or road marking) referred to in the Land Transport Rule: Traffic Control Devices 2004. "POLICE OFFICER" includes any member of the Police appointed under the Police Act 1958. "RESIDENTS PARKING ONLY AREA" means a restricted parking area that has been set aside as Residents Parking Only area under clause 5. "RESTRICTED PARKING AREA" means a road or area set aside as a restricted parking area under clause 5. "RIDER" in relation to any animal, includes a person who while riding any other animal on a road, leads the first-mentioned animal by a rope, rein, or other similar means of guidance, and "ridden animal" includes any animal so led. "ROAD" has the meaning given to that term in section 2(1) of the Land Transport Act 1998.the Land Transport (Road User) Rule 2004. "ROADWAY" has the meaning given to that term in the Land Transport (Road User) Rule 2004. "SHUTTLE"means a passenger service vehicle that has less than 13 seating positions inclusive of the driver’s seating position, and which is engaged in the conveyance of persons for hire or reward. "STANDING" has the meaning given to that term in Part 2 of the Land Transport Rule: Traffic Control Devices 2004. "TEMPORARY ROAD CLOSURE" has the same meaning as set out in paragraph 11 of the Tenth Schedule of the Local Government Act 1974. "TOUR COACH" means a passenger service vehicle that has more than 9 seating positions inclusive of the driver’s seating position, and which is engaged in the conveyance of persons on organised tours.

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

"TRAFFIC MANAGEMENT PLAN" has the same meaning as set out in the Code of Practice for Temporary Traffic Management. "TRAFFIC SIGN" means a traffic control device prescribed by Part 2 of Land Transport Rule : Traffic Control Devices 2004. “URBAN AREA” means any urban area as defined in the District Plan. “URBAN ROAD" means any road contained in an urban area. "USE" has the meaning given to that term in the Land Transport (Road User) Rule 2004. "VEHICLE" has the meaning given to that term in section 2(1) of the Land Transport Act 1998.

(2) A reference in this Bylaw to any Act, regulation or rule, unless the context

otherwise requires, includes a reference to all subsequent Acts, regulations or rules, made in amendment or substitution, and for the time being in force.

[The following note is explanatory and is not part of the Bylaw, but is intended to explain its general effect: See the further explanatory note at the end of this Bylaw for the meaning of terms that are referenced to other legislation as at 1 July 2008.]

PART 1

TRAFFIC AND PARKING

5 PARKING, STOPPING AND STANDING RESTRICTIONS

(1) The Council may by resolution set aside any road, or part of any road, or any other area controlled by the Council, as a restricted parking area.

(2) A restricted parking area may be subject to such conditions as the Council determines by

resolution and, without limitation, may include - (a) the time period or time periods between which parking restrictions have effect:

(b) the number and situation of parking spaces within each restricted parking area:

(c) the maximum time allowed for parking in any parking space in a restricted

parking area:

(d) whether a parking space in a restricted parking area is designated for a specified class of vehicle (for example, tour coach or shuttle parking) or class of road user (for example, disabled parking) or for a designated activity (for example, a loading zone) particular vehicle or mobile shop and the charges payable (if any) for that parking space:

(e) whether or not the restricted parking area is a Residents Parking Only area:

(f) whether or not the restricted parking area is a Pay and Display area:

(g) that parking is prohibited in that restricted parking area or parts of that restricted

parking area. (3) The Council may by resolution impose standing or stopping restrictions on any

road or any part of any road or any other area controlled by the Council whether by

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

way of a time restriction, a restriction to a specified class, classes or description of vehicle (for example, bus parking), a total prohibition or any combination of these.

(4) The Council may by resolution –

(a) prescribe the feecharges payable for parking in a restricted parking area; and

(b) prescribe the means by which parking feescharges may be paid including, by the use of parking meters, pay and display machines, parking coupons, attendant issued tickets, or otherwise.

(5) The Council may subsequently amend by resolution –

(a) any restricted parking area by adding any road or part of a road, or any other area controlled by the Council as a restricted parking area, or deleting or changing any road or part of a road, or other area previously so specified as a restricted parking area:

(b) any condition in relation to a restricted parking area, by adding, deleting or changing any such condition:

(c) any stopping or standing restrictions by adding, deleting, or changing any such restrictions.

(6) The Council must clearly indicate any restricted parking area, stopping or standing

restrictions (as referred to in subclauses (1) to (4)) by the use of prescribed signs. signage and markings in accordance with the Land Transport Rule: Traffic Control Devices 2004.

6 PAYMENT OF FOR PARKING CHARGES (1) Where the Council has prescribed a fee for parking in for a restricted parking area, any

person using the restricted parking area must pay the fee charge without delay and in the manner so prescribed.

(2) Any parking receipt received must be displayed in accordance with the instructions printed

on it. 7 PARKING COUPONS (1) The Council, or any person authorised in that behalf, may issue to any person parking

coupons on payment of the appropriate parking feescharges. (2) All parking coupons issued by the Council, or by any person authorised in that behalf, must

be issued with printed instructions as to the display and activation of such coupons. (3) A parking coupon must be activated in accordance with the instructions printed on it and

the date and time of the commencement of parking the vehicle must be displayed. (4) Any Parking Warden/Officer may require the driver or person in charge of, or any

passenger in any motor vehicle to produce for inspection any parking coupon displayed on that motor vehicle and that Parking Warden/Officer may retain that parking coupon.

8 TEMPORARY DISCONTINUANCE OF A PARKING SPACE (1) If an authorised officer is of the opinion that any parking space or spaces should be

temporarily discontinued as a parking space, the authorised officer, may authorise the

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placement of a sign that sufficiently indicates "No Stopping" at such parking space or spaces.

(2) If an authorised officer is of the opinion that any parking space or spaces should be

temporarily discontinued as a parking space, except for the use of a trades vehicle or other specified vehicle, the authorised officer may authorise the placement of a sign that sufficiently reserves parking for a specific trade or other specified vehicle at such parking space or spaces.

(3) No person may –

(a) stop or park a vehicle at –

(i) a parking space affected by a sign under subclause 8(1); or

(ii) a parking space affected by a sign under subclause 8(2) unless that person is specifically authorised by the authorised officer; or

(b) remove any signs authorised under subclauses 8(1) or 8(2).

9 PARKING ON GRASS BERMS OR VERGES (1) No person may stop, stand or park a motor vehicle on a grass berm or verge where

prescribed signs indicate no stopping, standing or parking, as the case may be. 9 VEHICLES ON GRASS BERMS (1) No person may ride, drive, lead, propel or wheel any vehicle that is capable of

being registered and licensed under section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 or horse along or across any grass berm on any road.

(1) No person may stop, stand or park any vehicle that is capable of being registered

and licensed under section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 on any grass berm laid out in any road.

10 VEHICLES ON GRASS VERGES (1) No person may ride, drive, propel or wheel any vehicle that is capable of being

registered and licensed under section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 along or across any grass verge on any road.

(2) No person may stop, stand or park any vehicle that is capable of being registered

and licensed under section 5 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 on any grass verge laid out in any urban road except for those specified in the Vehicles on Grass Verges Register.

(3) The Council may by resolution establish the Vehicles on Grass Verges Register

which specifies any urban road or part of an urban road on which vehicles may stop, stand, or park on the grass verge.

(4) The Council may subsequently amend by resolution the Vehicles on Grass Verges

Register by adding any urban road or part of an urban road, deleting or changing any urban road or part of an urban road previously so specified.

10 HEAVY VEHICLES PARKING ON IN A RESIDENTIAL AREA (1) The Council may by resolution establish the Heavy Vehicles on Residential Streets –

Parking Restrictions Register which specifyies any road or part of a road in a

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

residential area which may not be used by heavy motor vehicles for the purposes of stopping, standing, or parking between the times of 9 pm and 7 am for the time period or periods for which the restriction applies.

(2) The Council may by resolution subsequently amend or revoke any resolution made under subclause (1). by resolution the Heavy Vehicles on Residential Streets – Parking Restrictions Register by adding any road or part of a road in a residential area, deleting or changing any road or part of a road in a residential area.

(3) No person may stop, stand, or park a heavy motor vehicle on any road or part of a road in a residential area as specified in the Heavy Vehicles on Residential Streets – Parking Restrictions Register a resolution made under subclause (1) between the times of 9 pm and 7 am.

(4) For the purposes of subclause (4) this clause, residential area –

(a) means any land zoned “living” or “residential”; and

(b) includes any land that may not be zoned “living” or “residential” but has the following characteristics –

(i) continuous residential dwellings on one or both sides of the road; or

(ii) residential dwellings mixed with open spaces or local amenities such as hospitals, schools, clubrooms, medical centres and other similar activities.

(5) Nothing in subclause (3) applies to a heavy motor vehicle –

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

(b) being loaded or unloaded in the course of trade; or

(c) carrying out work as a network utility operator.

(6) This clause is subject to the Council erecting the prescribed signs. 11 PENALTIES FOR PARKING OFFENCES (1) Every person who breaches any of the parking provisions in Part 1 commits an offence

and is liable to infringement fees as set out in in accordance with Schedule 2 of the Transport Act 1962.

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Attachment 1 - Proposed Traffic and Parking Bylaw 2008 – with hearing panel changes highlighted

PART 2

TRAFFIC MOVEMENT RESTRICTIONS

12 ONE WAY STREETS (1) Every person in a vehicle on a road described in the First Schedule of this Bylaw

shall travel only in the direction specified for that road. The Council may by resolution establish the One Way Streets Register which lists any road or part of a road on which traffic must travel in one specified direction only.

(2) The Council may subsequently amend by resolution the One Way Streets Register

by adding any road or part of a road, deleting or changing any road or part of a road previously so specified.

(3) Every vehicle on a road listed on the One Way Streets Register must travel in the

specified direction only. (4)(2) This clause is subject to the Council erecting the prescribed signs. as required by the

Transport Act 1962. [The following note is explanatory and is not part of the Bylaw, but is intended to explain its general effect: The First Schedule sets out what are commonly known as one way streets. The First Schedule may only be changed in accordance with the Local Government Act 2002.] 13 ROADS OR TRAFFIC LANES RESTRICTED TO SPECIFIC CLASSES OF VEHICLES (1) No person in charge of a vehicle may use a road or lane described in the Second

Schedule of this Bylaw unless,-

(a) the vehicle is of the class specified to use that road or lane (for example, a bus, taxi or cycle); and

(b) any turning movements comply with the provisions of that Schedule.The

Council may by resolution establish the Restricted Vehicles on Specified Roads Register which specifies any road or traffic lane where traffic movement is restricted to omnibuses, taxis or other specified classes or types of vehicles.

(2) The Council may subsequently amend by resolution the Restricted Vehicles on

Specified Roads Register by –

(b) adding any road or part of a road or traffic lane, deleting or changing any road or part of a road or traffic lane previously so specified; or

adding, deleting, or changing any specified classes or types of vehicles. (3) No person in charge of a vehicle other than those classes specified may use the

roads or lanes specified in the Restricted Vehicles on Specified Roads Register. (2) This clause is subject to the Council erecting the prescribed signs. as required by the

Transport Act 1962. [The following note is explanatory and is not part of the Bylaw, but is intended to explain its general effect: The Second Schedule sets out roads or traffic lanes that are restricted to specific types or classes of vehicles and the use of those roads or lanes. For example, only specified vehicles will be able to make particular turning movements. The Second Schedule may only be changed in accordance with the Local Government Act 2002.]

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14 TURNING RESTRICTIONS (1) The Council may by resolution specify any road or part of a road where –

(a) vehicles are prohibited from turning from facing or travelling in one direction to facing or travelling in the opposite direction, ("commonly known as u-turns"); or

(b) vehicles or specified classes of vehicles from turning to the right or to the left or

from proceeding in any other direction. (2) The Council may by resolution subsequently amend or revoke any resolution made

under subclause (1). (3) No person may drive a vehicle on a road in a manner that contravenes a turning

restriction resolution made under this clause 15(1). (4) This clause is subject to the Council erecting the prescribed signs. 15 PROHIBITED TIMES ON ROADS (1) The Council may by resolution publicly notified establish the Prohibited Times on

Roads for Vehicles below 3,500kg Register which specify any road or part of a road and the days and times during which motor vehicles weighing less than 3,500 kilograms are prohibited from being used on that road or part of that road or roads.

(2) The Council may by resolution subsequently amend or revoke any resolution made

under subclause (1). publicly notified the Prohibited Times on Roads for Vehicles below 3,500kg Register by –

(a) adding any road or part of a road, deleting or changing any road or

part of a road previously so specified; or

(b) adding any day or time, deleting, or changing any day or time previously so specified.

(3) No person may use a motor vehicle weighing less than 3,500 kilograms on any part of a

road described in the Prohibited Times on Roads for Vehicles below 3,500kg Register a resolution made under subclause (1) during the times and on the days specified in the resolution Prohibited Times on Roads for Vehicles below 3,500kg Register, unless –

(a) the vehicle is conveying the owner or occupier of any land having a frontage

to the road described in the Prohibited Times on Roads for Vehicles below 3,500kg Register a resolution made under subclause (1) or the owner or occupier's bona fide visitors; or

(b) the vehicle is an emergency vehicle fire, ambulance, police or medical

motor vehicle being used in the execution of duty; or

(c) the vehicle is a trade or service authority vehicle for the provision or maintenance of a utility on the road or on land having a frontage to the road; or

(d) the vehicle is owned operated by the Council on and being used in the

execution of duty; or

(e) the vehicle is operated by a security service on and being used in the execution of duty.

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(4) The Council must erect signs on any road described in a resolution made under subclause (1) the Prohibited Times on Roads for Vehicles below 3,500kg Register advising –

(a) the times and days of the prohibition under subclause (1); and

(b) that the prohibition applies to motor vehicles weighing less than 3,500

kilograms. (5) The Council must review the roads specified in every resolution made under this

clause listed in the Prohibited Times on Roads for Vehicles below 3,500kg Register within 5 years of the commencement of this Bylaw.

[The following note is explanatory and is not part of the Bylaw: All resolutions made under this clause will be recorded in a register which is accessible on the Council's website or available from the Council's Service Centres.] 16 HEAVY VEHICLES USING RESIDENTIAL STREETS (1) The Council may by resolution establish the Heavy Vehicles on Residential Streets

Register which specifies any local road or part of a local road in an area zoned “living” or “residential” which may not be used by heavy motor vehicles.

(2) The Council may subsequently amend by resolution the Heavy Vehicles on

Residential Streets Register by adding any local road or part of a local road in an area zoned “living” or “residential”, deleting or changing any local road or part of a local road in an area zoned “living” or “residential” previously so specified.

(3) No person may drive a heavy motor vehicle on a local road or part of a local road in

an area zoned “living” or “residential” specified in the Heavy Vehicles on Residential Streets Register unless –

(a) the heavy motor vehicle is conveying an owner or occupier of, or a

bona fide visitor to, a property fronting that road; or

(b) there is no other alternative route other than to use that road. (4) Nothing in subclause (3) applies to a heavy motor vehicle –

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

(b) being loaded or unloaded in the course of trade; or

(c) carrying out work as a network utility operator on the road.

16 PENALTIES FOR TRAFFIC MOVEMENT OFFENCES (1) Every person who breaches any of clauses 12 to 14 commits an offence and is liable on

summary conviction to a fine not exceeding $500 as set out in the Transport Act 1962.

(2) Every person who breaches clause 15 commits an offence and is liable on

summary conviction to a fine not exceeding $20,000 as set out in the Local Government Act 2002.

[The following note is explanatory and is not part of the Bylaw, but is intended to explain its general effect: Any moving vehicle violation is liable to any action taken by the New Zealand Police.]

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PART 3

EVENTS 17 EVENTS OBSTRUCTING TRAFFIC (1) Every person intending to hold or organise an event involving people, vehicles or both,

where that event may obstruct pedestrian or vehicle movements or has the potential to cause a safety issue for pedestrians or traffic, must provide the Council with a Traffic Management Plan prepared by a qualified Site Traffic Management Supervisor.

(2) If the event requires a “temporary road closure” then at least 60 days notice is required.

For any other event, at least a 14 days written notice of application to the Council for its consent; which consent should not be unreasonably withheld having regard to likely traffic conditions.

(3) The Council must immediately forward a copy of such consent to the Police having

jurisdiction in the area. (4) Nothing in this clause applies to a funeral procession.

PART 4

VEHICLE CROSSINGS 18 VEHICLE CROSSINGS (1) No person may construct any vehicle crossing without obtaining a vehicle crossing permit

from the Council. (2) All costs associated with the vehicle crossing must be met by the applicant. (3) In applying to the Council for a crossing permit, the application must include a plan

showing the location and design of the crossing and description of the construction materials.

(4) If –

(a) a new vehicular access is to be created; and

(b) there is a difference in level between the edge of the kerb or road seal on a formed road and the property boundary,-

then the standard of any works carried out on the road must be the standard that would be appropriate for a right-of-way to a new subdivision.

(5) If the accessway requires a structure (for example a retaining wall, ramp or bridge), a

formal licence agreement between the owner and the Council will be required. (6) A temporary access may be constructed at any place approved by the Council as a

temporary measure if–

(a) the applicant has provided a Traffic Management Plan which is satisfactory to the Council in all respects; and

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(b) protection of the footpath has been undertaken to ensure no damage will occur to the footpath. This protection may be wooden planks 50 mm thick held and laid close together, steel plates or some other approved material.

(7) Where damage occurs to a footpath as a result of a vehicle crossing it on an unprotected

or inadequately protected point, the cost of repairing the footpath may be recoverable from the owner or person in charge of the vehicle.

PART 5

MACHINERY OR EQUIPMENT ON ROADS 19 USE OF CONSTRUCTION MACHINERY OR EQUIPMENT (1) No person may operate any construction machinery or equipment (for example a crane,

mobile crane, concrete pump truck, concrete truck, excavator or drill rig) which is parked on or overhanging the footpath or road that may obstruct pedestrian or vehicle movements or has the potential to cause a safety issue for pedestrians or traffic, unless that person has obtained the prior consent of an authorised officer.

(2) In applying for consent under subclause (1), the applicant must provide a Traffic

Management Plan prepared by a qualified Site Traffic Management Supervisor. 20 USE OF WASTE-TAKER BINS, RECEPTACLES, OR ANY OTHER OBJECT (1) Subject to the subclause (6), waste-taker bins, similar receptacles or shipping containers

or any other object that interferes with the use of a road (not being a vehicle) may be placed on the road if –

(a) the person placing the bin, receptacle, shipping container or other object has

obtained the prior consent of an authorised officer; and –

(b) in an area where parking fees charges apply to the use of parking spaces –

(i) the consent is affixed to the bin; and

(ii) the bin is contained wholly within the parking space or spaces to which the consent relates; and

(c) in any other area, the bin, receptacle, shipping container or other object is –

(i) not positioned in a parking space; and

(ii) is positioned as far as practicable to the left of the road to ensure the

safe passage of vehicles and pedestrians. (2) In applying for consent under subclause (1), the applicant must provide a Traffic

Management Plan which is satisfactory to the Council in all respects. (3) For the purposes of subclause (1) consent may be granted for the leaving of bins,

receptacles or shipping containers or any other objects on roads generally, or any specified road or roads and for such period as the Council thinks fit, and may at any time be varied or revoked in writing by the Council.

(4) For the purposes of subclause (1), if no individual parking spaces are marked, a space is

considered to be an area which a standard vehicle will occupy, and for parallel parking, this length is 6m.

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(5) If a waste-taker bin or similar receptacle or shipping container or any other object is placed on the road and contravenes this clause, -

(a) the bin, receptacle, or shipping container, or object may be removed by the

Council and the cost of removal and damage must may be charged to the owner of the bin, receptacle, shipping container or object:

(b) the Council may place adjacent to, or affix to, the bin, receptacle, shipping

container, or object any safety or warning device, and the costs of the safety or warning device may be charged to the owner of the bin, receptacle, shipping container or object.

(6) This clause does not apply to any object that may be placed on the road which has been

authorised by the Council (for example, waste-taker bins that are specifically for the purpose of Council rubbish collection).

21 CARAVANS (1) No person may stop, stand or park any caravan on the same road or public place

for any continuous period exceeding seven days without the previous consent of an authorised officer.

(2) This clause is subject to any restrictions in the Public Places Bylaw 2008 relating to

a person temporarily residing or sleeping in a caravan in a public place. (3) This clause is subject to clause 9 in the case of caravans weighing over 3,500kg. 21 MOTORHOMES AND IMMOBILISED VEHICLES (1) No person may use the road by leaving a motorhome or immobilised vehicle on

that road for a continuous period exceeding seven days without the prior written consent of an authorised officer.

(2) The Council is not liable for any loss or damage resulting from the subsequent removal

or sale disposal of any such vehicle. 22 IMMOBILISED/IMMOBILE VEHICLES (1) No person may leave standing on any road or public place for any continuous

period exceeding seven days any motor vehicle (including an immobilised vehicle motor vehicle without wheels) which is mechanically immobilised without the consent of an authorised officer.

(2) Any vehicle left standing in breach of this clause may be removed by the Council to

such place as is nominated by an authorised officer. (3) The Council is not liable for any loss or damage resulting from the removal or sale

of any such vehicle. 22 DISPLAYING VEHICLES ON STREET USING THE ROAD FOR STORAGE (1) Subject to subclause (3), no person may park a vehicle on any road or public place

for the sole purpose of sale, exhibition, or storage in connection with any trade or business of that person. No person may leave a vehicle on the road for the purpose of storage in connection with their trade or business except with the prior written consent of an authorised officer.

(2) Subject to subclause (3), no person shall park or leave any vehicle on a road in

circumstances where it is used or may reasonably be assumed to be used for the

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purpose of drawing attention to any advertising notice or placard carried upon or affixed to that vehicle.

(3) This clause does not apply to a resident of a property selling his or her private

vehicle where that vehicle is parked within 50 metres of the address or residence of the registered owner of that vehicle as held by the Motor Registration branch of Land Transport New Zealand at the time of the vehicle being found so parked.

23 WORKING ON VEHICLES (1) No person may park leave any vehicle on any road to carry out repairs unless those

repairs are of a minor but urgent nature.

PART 76

MISCELLANEOUS 24 MATERIALS/DEBRIS ON ROADS AND DAMAGE TO ROADS (1) No person may cause damage to the road or to any associated signage. (2) Any material or debris deposited on the road must be removed as soon as practicable. (3) The Council may give any person who has deposited material or debris on a road notice–

(a) to remove that material or debris from the road within 24 hours or to repair the damage caused to the road within 48 hours; and

(b) that if the person does not comply, that person commits a further breach of this Bylaw and the Council may undertake the work and recover all costs from that person.

(4) Subclauses (2) and (3) do not apply to faecal matter deposited on the road by stock.

Clause 29 The Christchurch City Council Stock Control Bylaw 2008 applies relating to faecal matter deposited on the road from stock.

25 VEHICLE REMOVAL (1) An enforcement officer may remove or cause to be removed any vehicle or other thing

from any road, or other area controlled by the Council, which contravenes this Bylaw, or any resolution made under this Bylaw, and the Council may recover from the person committing the breach of this Bylaw all expenses incurred by the Council in connection with the removal of the offending vehicle or thing.

(2) The powers that may be exercised under this clause are in addition to those provided by

the Transport Act 1962 and sections 356 and 356A of the Local Government Act 1974.

26 EXEMPTED VEHICLES (1) This Bylaw shall not apply to the following classes of vehicles: a vehicle that is

used by NZ Fire Service, National Rural Fire Authority, NZ Police, ambulance, Civil Defence on an emergency service; or A vehicle used by an Enforcement Officer any emergency vehicle or a vehicle that is used by a Parking Warden/Officer and the act done was necessary in the execution of his or her duty. This Bylaw does not apply to any of the following vehicles being used in the execution of duty –

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(a) an emergency vehicle; or

(b) a vehicle that is used by a Parking Warden/Officer; or

(c) a vehicle that is used by an enforcement officer.

27 DEFENCES (1) It is a defence to any person charged with a breach of this Bylaw if it is proved:

(a) that the act complained of was done in an emergency; or (i)(b) or that the act complained of was done in compliance with the directions of a

Police Officer, Parking Warden/Officer, traffic control signal or traffic sign; or (ii) or in the case of an act done by a Police Officer or Parking

Warden/Officer, was necessary in the execution of his or her duty; or

(c) that–

(i) the vehicle was at the time of the act complained of engaged in a public work on a road; and

(ii) that the act complained of was reasonably necessary for the purposes

of that work; and

(iii) that the driver of the vehicles took all reasonable care to prevent the occurrence of any accident, mishap, collision, or damage, or any injury to or interference with any person, animal, or property arising by reason of the act or omission; or.

(d) that the act complained of was necessary for the loading or unloading of the

vehicle in the course of trade, and was done with due consideration to the safety and convenience of other road users, and either:

(i) that alternative access for the purpose of loading or unloading the

vehicle was not available; or (ii) that where such access was available, the circumstances existing at

the time were such that it was unreasonable to require such access to be used.

28 PENALTIES (1) Every person who commits a breaches of this Bylaw commits an offence and is liable

on summary conviction to a fine not exceeding $20,000 as set out in the Local Government Act 2002, unless a different penalty is specified in another clause in this Bylaw.

29 REVOCATIONS AND SAVINGS (1) The following Bylaws are revoked:

• Banks Peninsula District Council Traffic and Parking Bylaw 1998. • Christchurch City Council Traffic and Parking Bylaw 1991. • Banks Peninsula District Council Stock Control Bylaw 1994 No.1

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• Banks Peninsula District Council Licences for Vehicle Stands on Streets.

(2) All approvals, permits, and other acts of authority (including any resolutions of the

Council or the former Banks Peninsula District Council) which originated under any of the bylaws revoked by subclause (1), and all applications, and other acts of parties and generally all documents, matters, acts, and things which so originated and are continuing at the commencement of this Bylaw, continue for the purposes of this Bylaw to have full force and effect. Any approval, permit or other act of authority which originated under any of the bylaws revoked in subclause (1) that is continuing at the commencement of this Bylaw, continues to have full force and effect for the purposes of this Bylaw, but is subject to the application of any relevant clauses in this Bylaw.

(3) Despite subclause (1), the content of Schedule 9 of the Christchurch City Traffic

and Parking Bylaw 1991, and any amendment to that Schedule by way of resolution of the Council, continues for the purposes of this Bylaw to have full force and effect as if the content of that Schedule and subsequent resolutions were made under clause 15 of this Bylaw by resolution of the Council.

(4) To avoid any doubt, the resolutions of the former Banks Peninsula District Council made

under clause 4 of the Banks Peninsula Traffic and Parking Bylaw 1998 and as set out in the Fifth and Sixth Schedules of that Banks Peninsula Traffic and Parking Bylaw 1998 continue for the purposes of clause 5 of this Bylaw to have full force and effect as if they were resolutions made under clause 5 of this Bylaw.

(5) The revocation of any of the Bylaws under subclause (1) does not prevent any legal

proceedings, criminal or civil, being taken to enforce those bylaws and such proceedings continue to be dealt with and completed as if the bylaws had not been revoked.

30 CHRISTCHURCH CITY COUNCIL GENERAL BYLAW (1) The provisions of the Christchurch City Council General Bylaw 2008 and any bylaw

passed in amendment or substitution are implied into and form part of this Bylaw. The initial resolution to make this bylaw was passed by the Christchurch City Council at a Meeting of the Council held on 13 March 2008 and was confirmed following consideration of submissions received during the special consultative procedure, by a resolution of the Council at a subsequent Meeting of the Council held on [insert date].

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First Schedule

One Way Streets Armagh Street Armagh Street in an easterly direction from Montreal Street to

Cranmer Square East. Barbadoes Street Barbadoes Street southerly from Bealey Avenue to Moorhouse

Avenue. Beach Road (Akaroa)

Beach Road between Church Street and Rue Jolie.

Berwick Street Berwick Street north easterly into Mersey Street. Burgess Street Burgess Street easterly from Marriner Street to the Esplanade. Cambridge Terrace Cambridge Terrace in an easterly direction from a point 14 metres

west of Montreal Street. Cambridge Terrace Cambridge Terrace easterly from its intersection with Barbadoes

Street and extending in a westerly direction for a distance of 15 metres.

Cranmer Square (east side of Cranmer Square)

Cranmer Square - the east side of Cranmer Square northerly from Armagh Street to Kilmore Street.

Durham Street North Durham Street North southerly from Bealey Avenue to Gloucester Street.

Ely Street Ely Street in a southerly direction from a point 6 metres from Salisbury Street.

Horner Street Horner Street north easterly for a distance of 35 metres from its intersection with Harewood Road, Main North Road and Papanui Road.

Kennedys Bush Road

Kennedys Bush Road from its intersection with Sparks Road and extending in a southerly direction a distance of 16 metres.

Kilmore Street Kilmore Street westerly from Madras Street to Park Terrace. Kipling Street Kipling Street from its intersection with Brougham Street and

extending in a northerly direction for a distance of 70 metres. Lakewood Drive Lakewood Drive in an easterly direction from a point 128 metres

from its intersection with Stillwater Avenue to its intersection with Burwood Road.

Latimer Square (Eastern side)

Latimer Square - the eastern side of Latimer Square from Hereford Street northerly to Gloucester Street.

Lichfield Street Lichfield Street easterly from Oxford Terrace to Fitzgerald Avenue. PROVIDED THAT buses only may travel in both easterly and westerly directions on that part of Lichfield Street, commencing at the intersection of Colombo Street and extending in an easterly direction for a distance of 48 metres.

Linwood Avenue (north east side)

Linwood Avenue north east side between Aldwins Road and Hargood Street in a south easterly direction.

Linwood Avenue (south west side)

Linwood Avenue south west side between Aldwins Road and Hargood Street in a north westerly direction.

Montreal Street Montreal Street northerly from Moorhouse Avenue to Armagh Street and northerly from Kilmore Street to Bealey Avenue.

New Regent Street New Regent Street southerly from Armagh Street to Gloucester Street.

Opawa Road Service Lane No. 2 (between No. 228 Opawa Road and No. 252 Opawa Road)

Opawa Road Service Lane No. 2 (between No. 228 Opawa Road and No. 252 Opawa Road) northerly from its southern intersection with Opawa Road. This restriction does not apply to cyclists using any marked on-road contra flow cycle lanes.

Opawa Road Service Lane No. 3 (between No. 262 Opawa Road and No. 296 Opawa Road)

Opawa Road Service Lane No. 3 (between No. 262 Opawa Road and No. 296 Opawa Road) northerly from its southern intersection with Opawa Road. This restriction does not apply to cyclists using any marked on-road contra flow cycle lanes.

Oxford Terrace Oxford Terrace northerly from Lichfield Street to Hereford Street.

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Oxford Terrace Oxford Terrace easterly from intersection of Hagley Avenue and Riccarton Avenue to Lichfield Street.

Poplar Street Poplar Street northerly from Tuam to Lichfield Street. Rue Croix (Akaroa)

Rue Croix westerly from Rue Lavaud to Rue Jolie.

St Asaph Street St Asaph Street westerly from Fitzgerald Avenue to Antigua Street. Salisbury Street Salisbury Street easterly from Park Terrace to Barbadoes Street. Seaview Road Seaview Road easterly from its intersection with Union Street to

Beresford Street. Simeon Quay ‘ramp’ (Lyttelton)

Simeon Quay Ramp easterly from Cunningham Terrace to Simeon Quay.

Tuam Street Tuam Street north westerly from Antigua Street to Hagley Avenue. Worcester Street Worcester Street in an easterly direction from Rolleston Avenue to

Montreal Street. Worcester Street Worcester Street in a westerly direction from Cambridge Terrace to

Montreal Street. [The following note is explanatory and is not part of the Bylaw, but is intended to explain its general effect: This Schedule is based on existing entries in the Schedules of the Christchurch City Traffic and Parking Bylaw 1991 and the Banks Peninsula District Council Traffic and Parking Bylaw 1998. It contains entries from the Fifth Schedule (One Way Streets) of the Christchurch City Traffic and Parking Bylaw 1991 and from the Third Schedule (One Way Streets) of the Banks Peninsula District Council Traffic and Parking Bylaw 1998, which may be based on previous iterations of the Schedules. Through the review process, there were a number of errors identified in the Schedules and a full review is currently underway. The entries to date that have been identified as in need of review are listed in the table below.] Bruce Terrace (Akaroa)

Bruce Terrace between Rue Jolie and Beach Road. (NOTE: Never made one-way)

Cambridge Terrace Cambridge Terrace southerly from Gloucester Street to a bridge over the Avon River immediately south of Cashel Street. (NOTE: Intersection of Cambridge Tce and Durham Street South is at Cashel St)

Carlton Mill Road Carlton Mill Road westerly and northerly from the intersection of Rhodes Street to the intersection of Rossall Street. (NOTE: No longer one-way)

Durham Street South Durham Street South including a bridge over the Avon River immediately south of Cashel Street to Moorhouse Avenue. (NOTE: Intersection of Cambridge Tce and Durham Street South is at Cashel St)

High Street High Street north westerly from Lichfield Street to a point 20 metres from its intersection with Lichfield Street. (NOTE: Not one-way)

Linwood Avenue (south western carriageway) of

The south western carriageway of Linwood Avenue north westerly from a point opposite the north western kerbline of Chelsea Street produced to its intersection with Aldwins Road. (NOTE: Already covered)

Madras Street Madras Street, northerly from Moorhouse Avenue to Hereford Street and northerly from Kilmore Street to Bealey Avenue. (NOTE: Should be Gloucester Street to Bealey Avenue)

Peterborough Street (west of Victoria Street)

Peterborough Street west of Victoria Street in a westerly and then a northerly direction around a traffic island located at the intersection of the two roads. (NOTE: No one-way)

Rhodes Street Rhodes Street easterly and southerly from Rossall Street to Carlton Mill Road. (NOTE: No longer one-way)

Worcester Street Worcester Street in an easterly direction from Cambridge Terrace to Oxford Terrace. (NOTE: Tram travel in a westerly direction)

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Second Schedule

Roads or Traffic Lanes Restricted to Specific Classes of Vehicles

CATHEDRAL SQUARE - NORTH WESTERN SECTOR

No driver or person in charge of any vehicle weighing more than 3,500 kilograms (other than a tram) shall travel in a westerly or southerly direction through the northwestern sector of Cathedral Square.

CATHEDRAL SQUARE - NORTH EASTERN SECTOR

No driver or person in charge of any vehicle weighing more than 3,500 kilograms (other than a tram) shall make a left turn from the northeastern sector of Cathedral Square into the northwestern sector of Cathedral Square.

CATHEDRAL SQUARE - SOUTH WESTERN SECTOR

(i) Entry of all vehicles onto the tiled areas of the south western sector of

Cathedral Square from either Colombo Street south or from the south eastern

sector of Cathedral Square shall be prohibited at all times except for:

(a) Maintenance and street cleaning vehicles operated by, or

under contract to, the Christchurch City Council. (b) Vehicles by special arrangement following the granting of

permission by the Christchurch City Council. (c) Police and Parking Wardens vehicles may enter this sector

of the Square when carrying out enforcement duties.

COLOMBO STREET (1) Only a bus, taxi, motorcycle or cycle shall:

(i) when proceeding north along Colombo Street, use the through or right turn lanes at the intersection of Gloucester Street;

(ii) when proceeding south along Colombo Street, use the through lane at the intersection of Hereford Street;

(iv) use the kerbside traffic lane from Dundas Street in a southerly

direction for a distance of 80 metres; (v) use the kerbside traffic lane in a northerly direction from a

point 107 metres south of St Asaph Street to a point 22 metres south of St Asaph Street.

GLOUCESTER STREET

Only a bus, taxi, or cycle shall use the right turn lane into Colombo Street/Cathedral Square when proceeding east along Gloucester Street.

LONDON STREET (LYTTELTON)

London Street between Oxford Street and Canterbury Street. The road is classified “CLASS C” in accordance with the Heavy Motor Vehicle Regulations.

MOORHOUSE AVENUE

(i) Only a bus, taxi, motorcycle or cycle shall, when proceeding west along Moorhouse Avenue, use the right turn lane into Colombo Street;

PETERBOROUGH STREET

No motor vehicle greater than 9 metres in length (such length including any trailer or semi-trailer) shall enter Peterborough Street between Madras Street and Cambridge Terrace except for emergency service vehicles, or vehicles carrying out deliveries to Peterborough Street or Cambridge Terrace between Madras Street and Barbadoes Street.

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[The following note is explanatory and is not part of the Bylaw, but is intended to explain its general effect: This Schedule is based on existing entries in the Schedules of the Christchurch City Traffic and Parking Bylaw 1991 and the Banks Peninsula District Council Traffic and Parking Bylaw 1998. It contains entries from the Second Schedule (Traffic in Cathedral Square) and the Sixth Schedule (Roads or Traffic Lanes Restricted to Specific Classes of Vehicles) of the Christchurch City Traffic and Parking Bylaw 1991 and from the Fourth Schedule (Roads or Traffic Lanes Restricted to Specific Classes of Vehicles) of the Banks Peninsula District Council Traffic and Parking Bylaw 1998, which may be based on previous iterations of the Schedules. Through the review process, there were a number of errors identified in the Schedules and a full review is currently underway. The entries to date that have been identified as in need of review are listed in the table below.] ANZAC DRIVE Only motor vehicles shall use the roadway along Anzac Drive between Travis

Road and a point 20 metres south of Birch Street. In this paragraph the word ‘roadway’ shall not include any public cycle track, whether or not constituted under S.332 of the Local Government Act 1974. (NOTE: State Highway 74 – Transit’s Road)

COLOMBO STREET (1) Only a bus, taxi, motorcycle or cycle shall: (iii) when proceeding north along Colombo Street, use the right turn

lane at the intersection of Hereford Street; (NOTE: There is a no right turn ban for all traffic on site) (2) (i) No vehicle shall turn from Colombo Street east into Tuam Street; (NOTE: This only applies for northbound traffic and it is not a “special vehicle lane” restrictions)

(ii) No vehicle shall turn from Colombo Street west into Tuam Street. (NOTE: This only applies for southbound traffic and it is no a “special vehicle lane” restrictions)

HEREFORD STREET (i) Only a bus or taxi shall, when proceeding west along Hereford Street, use the right turn lane into Colombo Street/Cathedral Square; (NOTE: There is a no right turn ban for all traffic on site) (ii) Only a bus, taxi, motorcycle or cycle shall, when proceeding east along Hereford Street, use the right turn lane at the intersection with Colombo Street. (NOTE: This is not on site - there is a right turn lane available for all traffic)

KIRK ROAD No motor vehicle greater than 9m in length (such length including any trailer or semi-trailer) shall travel in a south-easterly direction along Kirk Road between Waterloo Road and Main South Road. (NOTE: Not a “special vehicle lane” restrictions)

LICHFIELD STREET No vehicle shall turn left from Lichfield Street north into Colombo Street. (NOTE: Not a “special vehicle lane” restrictions)

MOORHOUSE AVENUE

(ii) Only a cyclist shall, when proceeding east along Moorhouse Avenue, turn right into Colombo Street.

(NOTE: There is no exemption for cyclist on site) QUEEN ELIZABETH II DRIVE

Only motor vehicles shall use the roadway along Queen Elizabeth II Drive between State Highway 74 (Main North Road) and Burwood Road. In this paragraph the word “roadway” shall not include any public cycle track, whether or not constituted under s.332 of the Local Government Act 1974. (NOTE: State Highway 74 – Transit’s Road)

WORCESTER STREET EAST

Only a bus or taxi shall: (i) When proceeding west along Worcester Street east, use the right

turn lane into the north eastern sector of Cathedral Square; or (NOTE: Not marked but signed “only buses and taxis can turn right”)

(ii) When proceeding east along Worcester Street east use the right turn lane into Manchester Street.

(NOTE: No sign showing any restriction)

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Explanatory Note for CCC Traffic and Parking Bylaw 2008

The following note is explanatory and is not part of the Bylaw, but is intended to explain its general effect. As at 1 July 2008, the statutory definitions referred to in clause 4 of this Bylaw are set out below. However, to make sure that you have the most up to date legislation, you can check the most recent statutes, rules and regulations on line at www.legislation.govt.nz "DRIVER"means a person driving a vehicle; and includes the rider of an all terrain vehicle, a motorcycle, a moped, a cycle, a mobility device, or a wheeled recreational device "EMERGENCY VEHICLE" means a vehicle used for attendance at emergencies and operated— (a) by an enforcement officer: (b) by an ambulance service: (c) as a fire service vehicle: (d) as a civil defence emergency vehicle: (e) as a defence force emergency vehicle "FOOTPATH" means a path or way principally designed for, and used by, pedestrians; and includes a footbridge "HEAVY MOTOR VEHICLE" means a motor vehicle that has a gross vehicle mass exceeding 3500 kg "LANE"— (a) means a longitudinal strip of the roadway intended for the passage of vehicles

or a specific class of vehicles that is separated from other parts of the roadway by a longitudinal line or lines of paint or raised studs; and

(b) includes— (i) a cycle lane; and (ii) a lane for the use of vehicular traffic that is at least 2.5 m wide; and (iii) a lane of a two-way road divided by a centre line

"MOTOR VEHICLE"— (a) Means a vehicle drawn or propelled by mechanical power; and (b) Includes a trailer; but (c) Does not include—

(i) a vehicle running on rails; or (ii) (Repealed). (iii) a trailer (other than a trailer designed solely for the carriage of goods)

that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or

(iv) a trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or

(v) a vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or

(vi) a pedestrian-controlled machine; or (vii) a vehicle that the Director has declared under section 168A is not a

motor vehicle; or (viii) a mobility device

"PARKING" means,— (a) in relation to a portion of a road where parking is for the time being governed by

the location of parking meters or vending machines placed under the authority

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of a bylaw of a local authority, the stopping or standing of a vehicle on that portion of the road for any period exceeding 5 minutes:

(b) in relation to any other portion of a road, the stopping or standing of a vehicle (other than a vehicle picking up or setting down passengers in a loading zone or reserved parking area, and entitled to do so) on that portion of the road

"ROAD" includes— (a) A street; and (b) A motorway; and (c) A beach; and (d) A place to which the public have access, whether as of right or not; and (e) All bridges, culverts, ferries, and fords forming part of a road or street or

motorway, or a place referred to in paragraph (d); (f) All sites at which vehicles may be weighed for the purposes of this Act or any

other enactment: "STANDING" means stopping: (a) for the purpose of picking up or setting down passengers, or, in the case of a

taxi stand, for the purposes of waiting for hire; and

(b) while a vehicle remains attended by the driver at all times. "TRAFFIC SIGN" means a board, plate, screen or other device, whether or not illuminated, displaying words, figures, symbols or other material intended to instruct, advise, inform or guide traffic on a road; and includes a ‘children crossing’ flag, a hand-held stop sign, a parking control sign and variable message signs; but does not include a traffic signal. "USE", in relation to a vehicle, includes— (a) driving, drawing, or propelling on a road by means of another vehicle; and (b) permitting to be on a road "VEHICLE" (a) Means a contrivance equipped with wheels, tracks, or revolving runners on

which it moves or is moved; and (b) Includes a hovercraft, a skateboard, in-line skates, and roller skates; but (c) Does not include—

(i) A perambulator or pushchair: (ii) A shopping or sporting trundler not propelled by mechanical power: (iii) A wheelbarrow or hand-trolley: (iv) (Repealed.) (v) A pedestrian-controlled lawnmower: (vi) A pedestrian-controlled agricultural machine not propelled by

mechanical power: (vii) An article of furniture: (viii) [a] wheelchair not propelled by mechanical power: (ix) Any other contrivance specified by the rules not to be a vehicle for the

purposes of this definition: [(x) any rail vehicle: