Adopted pursuant to a resolution passed by Otorohanga District Council at its meeting held on 12 October 2005.
Amended in accordance with Otorohanga Community Board resolution of 10 July 2008 and adopted by Otorohanga District Council at its meeting held on 5 August 2008.
THE OTOROHANGA DISTRICT COUNCIL, in exercise of its powers under the Local Government Act 1974, the Local Government Act 2002 and the Land Transport Rule: Setting of Speed Limits 2003, the Transport Act 1962 and their respective amendments and regulations, and all other Acts authorising it to make Bylaws, HEREBY MAKES THE FOLLOWING BYLAW:
1. SHORT TITLE, COMMENCEMENT AND APPLICATION
(1) This Bylaw may be cited as the “The Otorohanga District Council Traffic Bylaw 2005”
(2) This Bylaw shall come into force on the 1st day of November 2005
(3) This Bylaw shall apply to all property owned by, or under the control and management of the Otorohanga District Council.
2. REVOCATIONS
(1) The following Bylaws in so far as they apply in the Council’s district, are hereby revoked:
(a) “The Otorohanga District Council Traffic Bylaw 2002”
(2) All approvals, permits, and other acts of authority which originated under any Bylaws hereby revoked, and all applications, other acts of parties and generally all documents, matters, acts, and things which so originated and are continuing at the commencement of this Bylaw, shall for the purpose of this Bylaw inure as if they had originated under Bylaw and shall where necessary be deemed to have so originated.
(3) The revocation of the Bylaws specified in sub-clause (1) above shall not prevent any legal proceedings, criminal or civil, being taken to enforce those Bylaws and such proceedings shall continue to be dealt with and completed as if the Bylaws had not been revoked.
3. INTERPRETATION
In this Bylaw, unless the context otherwise requires:
“BEACH” means: that area of sand between high and low water level.
“BICYCLE” means: a vehicle having at least two wheels and designed to be propelled solely by the muscular energy of the rider.
“CARRIAGE WAY” means: the area of road extending from one kerb to the opposite kerb.
“CAMPING VEHICLE” means: any vehicle or contrivance that is equipped with wheels or revolving runners upon which it moves or is moved and which is used for the purpose of sleeping in or remaining overnight and includes caravans, motor homes, house buses, house trucks and any other thing.
“COUNCIL” means: the Otorohanga District Council and includes any person authorised by the Council to act on its behalf.
"COURTESY VEHICLE" means any vehicle provided at no charge for the transportation of patrons of licensed premises.
“FOOTPATH” means: a path or way principally designed for, and used by, pedestrians; and includes any footbridge or grass berm.
“GRASS BERM” means: that area of footpath, which is laid out in grass.
“GRASS VERGE” means: that area of public road, excluding the footpath, which is laid out in grass.
“HEAVY MOTOR VEHICLE” means: a motor vehicle (other than a motor car that is not used, kept, or available for the carriage of passengers for hire or reward) the gross laden weight of vehicles exceeds 3,500 kilograms, but does not include a traction engine or a vehicle designed solely or principally for the use of fire brigades attendance at fires.
“ITEM” includes but is not limited to any vehicle; sign; merchandise stand; household furnishings, appliances, fixtures or fittings; building materials, skip bins, and produce.
“KAWHIA COMMUNITY” means: the area delineated as such on SO Plan No.58099 deposited with the Chief Surveyor of the South Auckland Land District, and as may be amended from time to time, by due legal process.
“LARGE PASSENGER VEHICLE” means: any passenger service vehicle other than a small passenger service vehicle.
“LAND TRANSPORT RULE” - Setting of speed limits 2003:
“LANE” [in relation to any road] means: a longitudinal strip of the road at least 2.5 metres wide (or 1.2 metres in the case of cycles) intended for the passage of traffic which is separated from other parts of the road by a longitudinal line or lines of paint or raised studs; but does not include any area on either side of the road on which diagonal lines have been painted. A two-way road divided by a centreline is deemed to be marked in lanes.
“LIVESTOCK” means: any horse, cattle, sheep, pig, goat, mule, ass, donkey, or alpaca, of whatever age or sex and whether in a domestic or wild state and includes any other animal farmed by man for profit.
“MOTOR CYCLE” means: a motor vehicle running on 2 wheels, or not more than 3 wheels when fitted with a sidecar; and includes any vehicle with motor cycle controls declared by the Secretary for Transport to be a motorcycle; but does not include a moped.
“MOTOR VEHICLE” means: a vehicle drawn or propelled by mechanical power; and includes a trailer, but does not include:
(a) A vehicle running on rails; or
(b) An invalid carriage; or
(c) A trailer (not being a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of any of Her Majesty’s Forces; or
(d) A trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
(e) 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
(f) A pedestrian controlled machine.
“OPERATION MOBILITY CONCESSION CARD” means: a card issued by the New Zealand Crippled Children’s Society Inc. that is to be displayed in vehicles operated by disabled persons for which certain parking concessions are available.
“OWNER” [in relation to a motor vehicle] means the person lawfully entitled to possession thereof, 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.
“OTOROHANGA COMMUNITY” means: the area delineated on S.O. Plan No.58021 deposited with the Chief Surveyor of the South Auckland Land District, and as may be amended from time to time, by due legal process.
“PARKING SPACE” means: a space or section indicated by and lying within markings made by the Council for the accommodation of a vehicle.
“PASSENGER SERVICE VEHICLE” means: a vehicle used or available for use in a passenger service for the carriage of passengers; but does not include a vehicle specified as an exempt vehicle in Part II of the First Schedule to this Act or in regulations referred to in that Part.
“PERSON” includes a corporation sole and also a body of persons, whether corporate or unincorporated.
“POLICE OFFICER” includes any member of the Police appointed under the Police Act 1958.
“PRESCRIBED SIGNS, LIGHTS AND NOTICES” [or any phrase containing the word “PRESCRIBED” with one or more of the words “Signs” “Lights" and “Notices”] means: a sign, light or notice, as the case may be, prescribed by Regulations made pursuant to Section 77 of the Transport Act 1962.
“RESERVE” includes every reserve under the Reserves Act 1977 and any open space, plantation, park, garden or grounds set apart for public recreation or enjoyment which is now or hereafter may be under the management of the Council.
“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) Council parking areas; and
(f) Service lanes; and
(g) Bridges; and
(h) Culverts; and
(i) Ferries and fords forming part of any road, street, or other place as aforesaid.
“SCOOTER” means: a platform fitted with wheels, steering mechanisms, and brakes used to support a person and propelled by a person.
“SKATEBOARD” means: a platform fitted with wheels used to support a person and is propelled by a person.
“SERVICE LANE” means: any lane laid out or constructed either by the authority of the council or the Minister of Lands for the purpose of providing the public with a side or rear access for vehicular traffic to any land
“SMALL PASSENGER VEHICLE” means: any passenger service vehicle that is designed or adapted to carry 12 or fewer persons (including the driver)
“SPEED LIMIT” means the same as the Land Transport Rule: Setting of Speed Limits 2003.
“TAXI” means: a small passenger service vehicle that is being operated under a passenger service licence but is not for the time being exempt from the provisions of any of rules 3(1), 12(1), 16(1), and 19 of Part I of the Third Schedule to the Transport Services Licensing Act 1989.
“TRAFFIC SIGN” means: a sign of one of the classes described in the Fourth Schedule of the Traffic Regulations 1976 and includes the support to which the sign is attached.
“URBAN TRAFFIC AREA” has the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003.and is identified in the speed restriction maps appendixes I-I4 as the 50km area
“VEHICLE” means: a contrivance equipped with wheels, tracks or revolving runners upon which it moves or is moved; but does not include:
(a) A perambulator or pushchair;
(b) A shopping or sporting trundler not propelled by mechanical power;
(c) A wheelbarrow or hand trolley;
(d) A child’s toy, including a tricycle and cycle, provided, in either case, no road wheel (including any tyre) has a diameter exceeding 355 mms;
(e) A pedestrian-controlled lawnmower;
(f) Any pedestrian-controlled agricultural machinery not propelled by mechanical power;
(g) Any article of furniture;
(h) Any invalid wheel chairs not propelled by mechanical power;
(i) Any other contrivance specified by the Minister of Transport by notice in the New Zealand Gazette;
(j) Any skateboard.