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Part 18 Traffic

The purpose of this part of the bylaw is to set the requirements for parking and control of vehicular or other traffic on any road in the district including state highways located within the urban boundaries that are otherwise controlled by Transit New Zealand. This part of the bylaw is made pursuant to section 591A and 684 of the Local Government Act 1974 and its amendments section 72 of the Transport Act 1962 and the Land Transport Act 1998.

1.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

AUTHORISED OFFICER means any person appointed or authorised by the council or the police to perform any duties required under this bylaw and shall include any traffic or parking warden, traffic or parking officer, police officer and the PARKING TEAM LEADER appointed by the council or any person appointed under a different title in substitution thereof.

LOADING ZONE means any road, public place or other area (or portion of) authorised as a place where vehicles may park to load and unload goods and passengers for a limited time as indicated.

METERED SPACE means a space or section of a road in a metered zone marked out and defined by painted lines for the accommodation of a vehicle.

METERED ZONE means any road, or portion of a road, or any other piece of land owned or occupied by the council and determined by resolution of the council to be used as a place where vehicles may park and at which parking meters or pay and display machines are established and maintained.

MOBILITY SCOOTER means a vehicle propelled by mechanical power that is designed and constructed for and used by a person suffering from a physical disability. It has also been defined by the Land Transport Safety Authority to be an invalid carriage.

MOBILITY PARKING PERMIT means a permit issued by the New Zealand Crippled Children Society (CCS) Incorporated to persons with physical disabilities for the purpose of its operation mobility programme.

PARKING FEE or PRESCRIBED FEE means the fee payable for the parking of vehicles within metered zones, for a permitted period. The term includes payment by coins or by any other means approved by the council.

PERMITTED PERIOD is the time allocated for parking in that location by a parking meter or pay and display machine upon payment of the required parking fee. The permitted period may vary between different parking zones.
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PARKING METER means an appliance designed and installed for the purpose of automatically measuring and indicating the time within which a vehicle may be parked at a metered space.

PARKING OFFENCE means parking in an area of land or road owned or occupied by the council or under its control in breach of any Act or Regulation, or any part of this bylaw.

PARKING PLACE has the same meaning as in section 591(6) of the Local Government Act 1974 and "means a place (including a building) where vehicles, or any class of vehicle, may wait".

PARKING SPACE (multiple) means a space or section in a multiple meter area marked out pursuant to this clause by painted lines for the accommodation of a vehicle.

PAY AND DISPLAY MACHINE means a device designed and installed for the purpose of issuing a slip indicating the date and time of payment of a fee, amount of fee paid and the time until which a vehicle may be parked within a metered zone controlled by that pay and display machine.

ROAD shall have the same meaning as in the Local Government Act 1974 and shall where the context requires include a street (and shall include State Highways that in some other aspects are controlled by Transit New Zealand).

TRANSPORT STATION has the same meaning as in section 591(6) of the Local Government Act 1974 and "means a place where transport-service vehicles or any class of transport-service vehicles, may wait between trips". For the purposes of this part the word “shall” refers to practices that are mandatory for compliance with this part, while the word “should” refers to practices which are advised or recommended.

2.0 Other legislation
2.1 Notwithstanding anything in Part 1.0 of the bylaw, any words or phrases used in this part of the bylaw which also have meanings assigned to them by the Transport Act 1962, the Land Transport Act 1998, the Local Government Act 1974, the Traffic Regulations 1976 or the New Plymouth District Council Consolidated Bylaws 2000, or any amendments thereof shall continue to have such meanings as are respectively assigned thereto, unless such meanings shall be inconsistent with the context in which such words, or phrases occur.

2.2 Nothing in this part of the bylaw shall derogate from any provision of, or the necessity for, compliance with:
a) The Transport Act 1962 or the Land Transport Act 1998 or any Act passed in amendment of or in substitution of these Acts;
b) Any regulations made under the Transport Act 1962 or Traffic Regulations 1976 or any rules made under the Land Transport Act 1998 or any regulations or rules made in amendment of, or substitution for those regulations or rules;
c) Local Government Act 1974 or any Act passed in amendment of or in substitution of these Acts;
d) Acts Interpretation Act 1924;
e) New Plymouth District Council Consolidated Bylaws 2000;
f) Resource Management Act 1991;
g) New Plymouth District Council District Plan.
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3.0 Powers of the council – traffic control
3.1 The council from time to time, by resolution publicly notified may:
a) Prohibit the stopping, standing, or parking of vehicles on any road, public car park, reserve or any other public place;
b) Set aside portions of any road as bus stops, bus stands, transport stations, taxi stands, parking spaces for disabled persons, cycle ways, clear ways, no stopping areas and traffic lanes for buses, taxis or vehicles of other specified classes;
c) Nominate intersections where “Give Way” signs or “Stop“ signs shall be erected.

3.2 A resolution pursuant to clauses 3.1(a) or 3.1(b) may be made in respect of specified class, type, weight or description of a vehicle. It may be limited to apply only on scheduled days, or between specified times, or in respect of specified events or classes of events, or to specified maximum periods of time.

3.3 The council shall mark such roads and/or erect such signs on any road, park, public car park, reserve or other public places as necessary to give effect to any resolution made pursuant to clause 3.1.

3.4 The council may by resolution publicly notify, rescind, amend or vary any resolution made pursuant to clause 3.1.

3.5 Notwithstanding that the New Plymouth City Consolidated Bylaws 1958 Part IV Traffic and Amendments has been repealed and replaced by the within bylaw all resolutions of the council which were in force in respect of the now repealed bylaws shall continue in force as if such resolutions had been passed immediately after the adoption of the within Traffic Bylaw and any reference to clauses in such now repealed bylaw shall be deemed to be a reference to the appropriate clause under the within bylaw.

4.0 Lights adjacent to a road or intersection
No person shall cause or permit to be erected or maintained on any building or erect any illuminated notices, coloured lights, signs, or signals fronting on, or adjacent to any road, intersection or any pedestrian crossing, which may be confused with the lights displayed for traffic control signals, whether for vehicles or pedestrians or both.

5.0 One way streets
5.1 The council may from time to time by resolution:
a) Prohibit the driving of vehicles in any street or portion of a street except in one direction as specified by such resolution;
b) Prohibit the turning of vehicles in any street or portion of a street, and impose any conditions in relation thereto;
c) Revoke, or amend or vary any such resolution.

5.2 No person being the driver of any vehicle shall drive or turn such vehicle in any street or portion of street contrary to any resolution or prohibition, or otherwise in compliance with any conditions imposed by a resolution.

6.0 Emergency fire services
No person shall drive any vehicle:
a) Over any hose in use for the time being in connection with an outbreak of fire; Provided that it shall not be an offence to drive over any such hose if hose bridges are provided or if the driver is directed by a police officer or any member of the fire brigade;
b) In such a manner as to hinder or obstruct a member of a fire brigade engaged in connection with any outbreak or alarm of fire.
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7.0 Temporary restrictions on the use of roads
7.1 Where an Authorised Officer considers that there is, or is likely to arise at any place on a road under the jurisdiction of the council, a temporary risk of:
a) Danger to the public or to road workers; or
b) Damage to the road then the council may temporarily restrict the use of, or speed of, or class of vehicles which may use any part of that road. Any such restriction shall be defined by the display of temporary warning signs in conformity with the Traffic Regulations 1976 Land Transport Act 1998, Transport Act 1962 and subsequent amendments thereto.

7.2 Without limiting the Traffic Regulations 1976 and subsequent amendments, any vehicle being used for the purpose of maintenance or construction of roading, or a vehicle of any other utility, may, with permission of an Authorised Officer, be driven or parked in a manner contrary to any restriction in force under this part of this bylaw, provided it is parked or driven with due consideration of other road users.

8.0 Selling of goods and services at intersections
No person shall wash, or clean the windows of any vehicles for payment or donation, or solicit any subscription collection or donation at any road intersection or within 100 metres of the intersection or on any of its approaches. No person shall use an intersection for the purposes of selling or offering any goods or services of any kind without the written permission of an Authorised Officer.
Commercial activities prohibited at intersections

9.0 Public notice of council meetings
9.1 Any resolution made by the council under this part (including any resolution revoking or amending such resolution) shall be publicly notified at least fourteen days before it takes effect. If an objection in writing made by any person adversely affected by such resolution, is received by the council before that resolution takes effect, then the council shall consider that objection and may confirm, amend or revoke the resolution the subject of the objection, as it thinks fit. Until the council has considered the objection and made a decision on it, the resolution which is the subject of the objection shall not take effect.

9.2 This clause shall not apply to any resolution, which consolidates resolutions previously made under this bylaw or has the same effect as a resolution made under a bylaw revoked by this bylaw.

10.0 Powers of the council – stopping, standing or parking of vehicles
The council may from time to time by resolution and subject to the erection of the signs required under the provisions of the Transport Act 1962 and the Local Government Act 1974 and any amendments thereto or any associated relevant regulations, permit, restrict or prohibit the stopping, standing or parking of vehicles of any type or class, on any roads or portions of any roads, in any car parks or any other areas under the control of the council:
a) Absolutely;
b) On certain days of the week;
c) For limited periods of time, between certain hours of any day or on any day of the week; and/or
d) At an angle to the kerb line or otherwise.

11.0 Council parking officers
11.1 The council shall appoint parking officers as Authorised Officers with authority to ensure compliance with the requirements of this part of the bylaw with regard to the stopping, standing or parking of vehicles on the council roads, car parks, reserves or other places owned or controlled by the council.

11.2 Parking officers shall have the authority to issue infringement notices for offences against all the current existing relevant legislation.
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12.0 Requirements for parking on roads, parking spaces and council administered lands
12.1 No person shall stop, or park a vehicle on any road, public car park, reserve or any other public place in contravention of a restriction imposed by the council and evidenced by appropriate signs and/or road marks. Notwithstanding the provisions of this sub-clause, an Authorised Officer may, subject to such conditions as appropriate in the circumstances and payment of the prescribed fee, authorise the stopping, standing or parking of specified vehicles.

12.2 No driver or person in charge of a vehicle shall park such a vehicle in a metered space or parking space that is already occupied by another vehicle.

12.3 No person shall place, stop, stand, park, leave or keep any bicycle:
a) On any metered space or parking space situated on any land other than a street;
b) On any metered space situated in a street unless such bicycle shall be placed, stood, stopped, parked, left or kept against, and parallel with the kerb of such street;
c) On any footpath;
d) In any place prohibited under clauses 15.1 and 15.2 (goods delivery loading and unloading zone).

12.4 Every metered space or parking place may be occupied without charge on Sundays or Statutory Holidays, as defined in the Acts Interpretation Act 1924, or prior to 9am or after 5pm on any other day of the week. Parking shall also be subject to parking time limits and restrictions as are prescribed by any other bylaw of the council or any council resolutions at the time being in force.

12.5 Except with the prior written permission of an Authorised Officer, no person shall park a vehicle on any road or other land under the control or ownership of the council, for any period exceeding seven (7) days if the vehicle:
a) Cannot be easily moved on request by an Authorised Officer;
b) Cannot be safely driven;
c) Is in a condition or a position as described in clauses 14.2, 14.3, 14.4 and 14.5 of Part 9 Public Places of this bylaw

12.6 No person shall park any machinery, equipment, materials, shipping containers or waste disposal bins on any road or public place except with the permission of an Authorised Officer and in accordance with any conditions that may be required.

13.0 Transport stations
13.1 The council may from time to time by resolution:
a) Appoint, set aside or reserve any portion of a street, or any area vested in it, as a transport station;
b) Prescribe fees to be paid for the application for licences for the use of transport stations, and from time to time revoke or alter such fees;
c) Impose conditions in respect of the use of transport stations;
d) Grant permits or licences upon such conditions as it considers fit for the use of such transport stations or any lots or part thereof;
e) Add to, revoke, amend, or vary any such appointment, setting aside or reservation of any such conditions;
f) Revoke or cancel any such permit or licence.
Setting aside and licensing parking places and transport stations

13.2 Pursuant to subclause 13.1 above, at any specified transport station that is:
a) Set aside or reserved for the use of vehicles plying for hire;
b) Otherwise available for hire for the carriage of passengers or goods;
c) For the use of any special kind of vehicles;
d) For the use of vehicle for any specified public purpose;

The council may from time to time by resolution publicly notified, limit any transport station or any specified part thereof to vehicles belonging to or used by particular persons, or to vehicles used for particular public purposes.
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13.3 In exercising the powers conferred by the preceding subclause 13.2 above, such resolution shall state the number of vehicles which may use any such transport station, and also whether such transport station may be used by the vehicles of one licensee only or of more than one licensee. If the latter applies the resolution shall specify the particular licensees and how many vehicles of each licensee may use the transport station.

13.4 Every person commits an offence under this part of the bylaw who fails to:
a) Comply with any condition imposed by the council under this clause;
b) Pay any fee imposed by the council under this clause;
c) Comply with any condition of any permit or licence issued under this clause;
d) Pay to the council on demand any charge payable under any such permit or licence issued under this clause.

13.5 No person other than the holder of a permit or licence issued under this clause, or his authorised agent, shall stop or wait on, or use any transport station or any portion of a transport station.

13.6 The owner or driver of any vehicle that, without being authorised by this clause to do so, stops or waits on or uses any transport station, shall on demand by any Authorised Officer, remove such vehicle from the transport station. Any owner or driver who fails to comply with any such demand shall be guilty of an offence under this clause.
a) Every application for a licence under clause 13.1 of this part of the bylaw shall be signed by the holder of the current vehicle licence in respect of such vehicle under the Transport Act 1949 or any regulations thereunder.
b) Provided that the application may be made and signed on behalf of any number of licensees by a corporate body which obtains licences and of which licensees are members.
c) Where any application sets out, contains, or discloses any false or inaccurate statement, fact, or circumstances, the person signing such application shall be guilty of an offence against this part of the bylaw.
False or inaccurate information

13.7 a) Upon receipt of an application for a licence under clause 13.1(d) accompanied by the prescribed fee the council may issue a licence to the applicant.
b) Every licence shall in accordance with its tenor authorise the occupation of any stand, or stands, for the time being appointed for vehicles of the class to which the vehicle described on such licence belongs.
c) Subject to the provisions of clause 13.9 of this part of the bylaw every licence shall remain in force until the 31st day of March next following the date of issue and no longer.

13.8 a) If at any time the holder of a licence issued under this clause shall be convicted of any offence, whether for a breach of this Part of this bylaw or otherwise, or if such holder shall in the opinion of an Authorised Officer be considered unfit to hold such licence, the Authorised Officer may give notice in writing to such holder requiring them to appear before Council at a time and place to be fixed in such notice, to show cause to show why such licence should not be cancelled or suspended.
Cancellation or suspension of stand licence
b) The council may, at such a time and place after hearing such holder or his representative, or in default of his appearance, cancel such licence or suspend the same for such time as it considers necessary.
c) No person shall be required to appear less than seven (7) days after the service of such notice.
Seven (7) days minimum period.
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14.0 Metered zones, parking meters and pay and display machines
14.1 The Council may from time to time, by resolution publicly notified:
a) Declare any road or part of a road to be a metered zone;
b) Declare any piece of land owned or occupied by the Council and not being a road or part of a road to be a metered zone;
c) Declare the time allowed for parking in such metered zone beyond which it shall be unlawful to remain parked;
d) Fix the fees payable for the parking of vehicles within the metered zone.
Establishing metered spaces, metered zones and multiple metered areas

14.2 Any such resolution may from time to time be amended or rescinded by a further resolution of the Council.

14.3 In accordance with the provisions of any such resolution the Council shall establish and mark out metered spaces in all metered zones.

14.4 Parking meters or pay and display machines shall be located within the metered zone that they are to control. Any pay and display machine shall issue a slip on insertion of the prescribed fee in accordance with the instructions on the machine.

14.5 White lines painted on the road shall indicate the extremities of metered spaces. Signs shall indicate the extremities of pay and display zones.

15.0 Loading zones
15.1 The council may from time to time by resolution, define any part or parts of any street, or public place for the use, during the times prescribed in such resolution, where vehicles may park while they are loading or unloading goods or passengers. This may apply generally or for loading or unloading at specific times as indicated.

15.2 No person being the driver or person in charge of any goods delivery vehicle shall drive such a vehicle in any street or part of a street in contravention of any prohibition or restriction imposed by a resolution pursuant to clause 15.1 of this part of the bylaw.

16.0 Hours applicable to parking meters or pay and display machines
The hours during which the payment of the fee for parking meters or pay and display machines is required shall be as prescribed by resolution of the council publicly notified from time to time and shall be indicated by signs or other clear labelling.

17.0 Payment of parking fee in metered areas
17.1 For the purpose of this clause a vehicle shall be deemed to be “parked” only when it has been stopped or standing in the parking space for a period exceeding five (5) minutes.

17.2 No driver or person in charge of a vehicle shall park in a metered space without paying the appropriate fee, activating the parking meter or following the instruction on the pay and display machine.

17.3 A driver or person in charge of a vehicle may park in a metered space, provided that the permitted period for parking is not exceeded.

17.4 No person shall park a vehicle in a metered space so that any part of that vehicle extends beyond any line defining that metered space unless by reason of it’s size the vehicle may extend onto an adjoining and unoccupied metered space. In such event the driver shall be liable to pay a parking fee for each space so occupied.

17.5 Where more than one motorcycle occupies a metered space it shall not be necessary for the payment of more than one parking fee. No such motorcycle shall remain parked in the metered space after the permitted period for parking has expired and each motorcycle so parked is in breach of this part of the bylaw.

17.6 Where a vehicle is parked on a metered space controlled by a pay and display machine, a valid slip issued by the pay and display machine shall be placed on the dashboard at the front of the vehicle, in a manner which will allow the expiry time to be seen by an Authorised Officer from outside the vehicle.
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18.0 Parking of vehicles by disabled persons
18.1 The council may by resolution reserve any particular parking space either generally or at specified times for the exclusive use of disabled persons who have on display in their vehicle a mobility parking permit.

18.2 The council shall by markings or signs placed in a conspicuous position on a road or other area controlled by it, indicate where the stopping or parking of a vehicle other than that displaying a mobility parking permit is prohibited or restricted.

18.3 The Council may by resolution supplement, alter or remove any of the signs or markings referred to in clause 18.2 above.

18.4 The concessions and restrictions applying to the use of a mobility parking permit set out in the permit document shall be complied with. These conditions may be amended by council resolution from time to time.

19.0 Temporary discontinuance of a parking space
19.1 Where an Authorised Officer is of the opinion that any metered space should be temporarily discontinued as a parking location, the Authorised Officer may place or allow to be placed, a meter hood over the parking meters affected or erect a sign indicating “No Stopping” at the metered space. It shall be unlawful for any person to park a vehicle at the metered space while the meter hood is in place or a sign is erected or so placed, other than as permitted under clause 19.2.

19.2 The council may permit the use of any temporarily discontinued metered space to be reserved for the parking of vehicles in conjunction with any adjacent building construction, contracting or other such activity.

19.3 Payment for the use of any metered space that is temporarily discontinued or reserved as described in clause 19.1 shall be charged in intervals of one half day, or as shall be determined from time to time by resolution of the council.

20.0 Coins of New Zealand currency only
No person shall deposit in any parking meter or pay and display machine any coins of other than of New Zealand currency, or any other objects.

21.0 Interference with parking meters or pay and display machines
Every person commits an offence against this part of the bylaw who:
a) Misuses any parking meter or pay and display machine;
b) Interferes, tampers, or attempts to tamper with the working or operation of any parking meter or pay and display machine;
c) Without due authority affixes or attempts to affix any placard, advertisement, notice list, document board or thing, or to paint, write upon or disfigure any parking meter or pay and display machine.
Interference with a parking meter or pay and display machine
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22.0 Vehicle removal
22.1 A Police Constable or Parking Officer or other Authorised Officer may direct that a vehicle or bicycle parked in a parking place, transport station, road or other land belonging to the council or under its control, in a way that does not comply with this part of the bylaw or Part 9 Public Places clauses 14.1, 14.2 and 14.3 of this bylaw, be sent to any nearby lawful place for vehicle or bicycle parking, or to a council vehicle pound, or to a yard in the district occupied by a company engaged to remove the vehicle or bicycle.
The vehicle or bicycle may be detained at that place by the council or the company, until the reasonable costs of removal and subsequent storage are paid by the person requesting possession of the vehicle or bicycle.
22.2 The powers that may be exercised under this clause are in addition to those provided by the Transport Act 1962 and section 356 of the Local Government Act 1974.

23.0 Parking Defences
It shall be a defence to any person who is the driver or is in charge of a vehicle and who is charged under this part of the bylaw with a breach relating to a parking meter, metered zone, other temporarily defined time restricted parking space if the person proves that the act complained of was carried out:
a) Because of a traffic emergency;
b) In compliance with the directions of a Police Officer or Authorised Officer;
c) In conjunction with public works and the vehicle was being used with due consideration for the safety of and convenience of other road users;
d) By the Ambulance Service, New Zealand Fire Service, the Police or Ministry of Transport in the urgent carrying out of their respective duties;
e) Pursuant to the terms of an authorisation granted by an Authorised Officer of the New Plymouth District Council.

24.0 Footpaths
24.1 Subject to clauses 24.2, 24.3 and 24.4, no person shall park or drive any vehicle on any footpath or any part thereof.

24.2 A vehicle may be driven over a footpath by means of a vehicle crossing constructed on the road for the purpose of gaining vehicular access to or from any property on that road.

24.3 No person shall stop a vehicle so that any part of the vehicle or load thereon remains upon or over a footpath or any part thereof other than when gaining access to a property.

24.4 No person shall unload a vehicle in such a manner as to cause, or be likely to cause damage to the footpath or any part thereof.

24.5 No person shall ride a bicycle on a footpath except where the bicycle is being ridden on designated cycleway, or for the purpose of delivering newspapers, mail or printed material to letterboxes.

24.6 Clause 24.1 and 24.5 of this clause in this part of the bylaw shall not apply to the driving of a mobility scooter or riding a bicycle in a Council reserve except where signs prohibit their use.
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25.0 Skateboards, go-karts, roller blades, roller skates and other mobile recreational items
25.1 All skateboards shall be ridden in strict compliance with the conditions and requirements of Part 11 Skateboards of this bylaw.

25.2 No person shall ride in or on a skateboard, go-kart, roller blades, roller skates or similar thing on a road, footpath, or public place, at speed or in a reckless manner which is or might be dangerous to any person, or to be a nuisance or annoyance to neighbours or passers by.

25.3 No person shall organise an event, or allow any person to participate in a competition or gathering that involves riding in or on a skateboard, go-kart, roller blades, roller skates or similar thing on a road, footpath, or public place without the authority of and in conformity with the terms of a written permit previously issued by an Authorised Officer of the New Plymouth District Council.

25.4 No person shall ride in or on a skateboard, go-kart, roller blades, roller skates or similar thing on a road, footpath or public place during the night.

25.5 No person shall ride in or on a skateboard, go-kart, roller blades, roller skates or similar thing on an area prohibited, restricted or limited by resolution.
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