12 AUGUST NEW ZEALAND GAZETTE

Transit New Zealand

Transit New Zealand Act 1989

Bylaw Regulating Roadside Vendors on State Highways

Pursuant to section 61 (3) of the Transit New Zealand Act 1989, Transit New Zealand hereby makes the following bylaw.

Bylaw

1. Title and commencement

This bylaw may be cited as the Transit New Zealand (Roadside Vendors) Bylaw 1993/2 and shall come into force on the 14th day of August 1993.

2. Interpretation

In this bylaw, unless the context otherwise requires,—

“Carriageway” means the sealed part of the State highway;

“Hours of darkness” means:

(a) Any period of time between half an hour before sunset on one day and half an hour after sunrise on the next day; or

(b) Any other time when there is not sufficient daylight to render clearly visible a person or vehicle at a distance of 250 m;

“Licensed roadside vendor” means a person who offers or exposes for sale or distribution any goods or services whatsoever by means of a mobile shop and who holds a current licence in the form set out in the First Schedule to this bylaw;

“Mobile shop” means:

(a) Any motor vehicle; or

(b) Any motor vehicle and connected trailer that is capable of moving under its own power from the area of operation at all times during operation, and used for the purpose of offering or exposing for sale or distribution any goods or services whatsoever;

“State highway” includes a motorway;

“Transit” means the Transit New Zealand Authority established under section 4 of the Transit New Zealand Act 1989;

“Vehicle” has the same meaning as in section 2 of the Transport Act 1962.

3. Application

(1) Subject to subclause (2) of this clause, this bylaw applies in respect of State highways throughout New Zealand.

(2) This bylaw does not apply in any area where a 50 km/h vehicle speed limit applies unless the local authority responsible for that area resolves to adopt this bylaw as its bylaw for application to that area and Transit has delegated responsibility for that area under section 62 of the Transit New Zealand Act 1989.

(3) Where this bylaw applies to a 50 km/h vehicle speed limit area pursuant to subclause (2) of this clause, all references to Transit shall be deemed to be a reference to the local authority which has adopted this bylaw in respect of that area.

4. Roadside vendors prohibited unless licenced

No person other than a licensed roadside vendor may offer or expose for sale or distribution on any State highway any goods or services whatsoever.

5. Licensing of roadside vendors

(1) Any person who wishes to operate a mobile shop on any State highway may apply, and Transit may grant, a licence to operate as a licensed roadside vendor.

(2) In deciding whether to grant a licence under subclause (1) of this clause, Transit shall consider whether the operation of the mobile shop—

(a) Is likely to detrimentally affect, in a material way, public safety; and

(b) Is likely to detrimentally affect, in a material way, the efficiency of that part of the State highway on which the mobile shop is located.

(3) In considering whether to grant a licence under subclause (1) of this clause, Transit may in its discretion consider any report submitted in that regard by the Police, any relevant territorial authority, or any employee of Transit.

(4) Where Transit is considering refusing approval, it shall give the applicant an opportunity to—

(a) Place facts relevant to the matters listed in subclause (2) of this clause before Transit for consideration; and

(b) Comment on any report received under subclause (3) of this clause in respect of the application.

(5) Transit shall record its decisions in writing, and where a licence is not granted it shall give reasons to the applicant.

(6) Every licence issued under this bylaw shall be in the form set out in the First Schedule of this bylaw, or such other form as Transit may prescribe from time to time.

6. Licence Fee

(1) The applicant shall pay a licence fee to Transit for each licence issued by Transit to the applicant of—

(a) $475 where the term of the licence is greater than 6 months; or

(b) $325 where the term of the licence is 6 months or less.

(2) Where an applicant has previously held a licence within the previous 6 months of the application and the details set out in Schedule A of that licence are or will be the same as the details (except in respect of the term of the licence) set out in Schedule A of the licence to be issued to the applicant—

(a) A licence fee of $300 shall be payable where the licence fee is for a term greater than 6 months;

(b) A licence fee of $200 shall be payable where the licence is for a term of 6 months or less.

(3) All amounts specified in this clause include goods and services tax.

7. Term of licence

(1) No licence shall be issued for a term of more than 12 months.

(2) Unless otherwise specified in the licence issued under this bylaw, the licence shall remain valid until—

(a) The licensee has committed a breach of this bylaw or any condition imposed on him or her under the licence issued under this bylaw; or

(b) The licence is terminated under clause 8 of this bylaw;

and, in each case, Transit has notified the licensee that the licence is therefore no longer valid or—

(c) The expiry of the term of the licence.

8. Conditions of Licence

Transit may terminate any licence issued under this bylaw, or amend, add to, or delete conditions, including any Additional Conditions (as defined in the licence), under the licence for reasons consistent with the matters listed in clause 5 (2) of this bylaw. The licensee shall not be entitled to any compensation should Transit exercise its powers under this clause.

9. Breach of bylaw

(1) Every person committing any breach of this bylaw or any condition imposed on him or her under a licence issued under this bylaw shall be liable upon conviction to a fine not exceeding $500.

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