NEW ZEALAND GAZETTE

No. 154

removed by the consent holder as required by clause 9 (2);

(d) any condition imposed under clause 6 of this bylaw has not been complied with; or

(e) a temporary local banner constructed, maintained or displayed under clause 4 (1) does not meet the criteria set out in the Third Schedule or is in breach of any authorisation given under clause 5 (1).

(2) Any sign removed from a State highway under subclause (1) must be held by the Regional Manager, Transit, and made available for collection by the owner for a period of one month from the date of its removal. After such time, the regional manager may dispose of the sign in whatever way he or she considers appropriate.

(3) Transit must use reasonable care in the dismantling, removal and storage of any sign removed under this clause.

(4) Transit is not liable for any loss arising from the removal and/or disposal of any sign under subclause (2) of this clause, or any damage to the sign unless reasonable care was not used in its dismantling, removal or storage.

11. Owner of sign to be liable for damage caused to signs

—The owner of a sign is responsible for the sign and liable for any damage caused to, or by, the sign while on or over the State highway and any damage to the sign caused during its proper dismantling, removal or storage under clause 10 of this bylaw.

12. Vehicles may be removed

—The Regional Manager, Transit, for the relevant area may at any time, through any authorised agent or representative, require the owner of any stationary vehicle on a State highway to remove or cover any sign, or seek the assistance of any enforcement officer to act, pursuant to their powers under section 113 (2) of the Land Transport Act 1998, to remove any stationary vehicle from a State highway if a sign fixed or mounted on the vehicle, or position of the vehicle:

(a) compromises the safe and efficient operation of the State highway in any way; or

(b) breaches any of the provisions of this bylaw.

13. Breach of bylaw

(1) Every person committing any breach of this bylaw or any condition imposed in a consent issued under this bylaw is liable upon conviction to a fine not exceeding $500.00.

(2) In the case of a continuing breach, Transit may seek an injunction under section 109 of the Transit New Zealand Act 1989 restraining the further continuance of the breach.

14. Role of territorial authorities

—Where Transit has delegated its powers to control a State highway to a territorial authority under section 62 of the Transit New Zealand Act 1989 then, subject to the terms of the delegation, this bylaw applies to the territorial authority as if it was Transit and the chief executive of the territorial authority as if he or she were the Regional Manager, Transit.

15. Transitional provisions

—Where any sign has been constructed or displayed prior to the commencement of this bylaw and that sign complied with the Signs on State Highways Bylaw 1987/3 but does not comply with the provisions of this bylaw, the owner of that sign must:

(a) dismantle and remove that sign; or

(b) apply for a consent to construct, maintain or display that sign in accordance with clause 5 (1) of this bylaw,

within 60 days from the commencement date of this bylaw.

16. Revocation of Signs on State Highways Bylaw 1987/3

—The Signs on State Highways Bylaw 1987/3 is hereby revoked.

First Schedule

Requirements for signs (other than temporary local banners) constructed, maintained or displayed on or over any State highway in an area where the speed limit is 70km/h or less than 70km/h:

1. The sign must not exceed 1 square metre in area or 2 metres for any edge dimension.

2. The colour combination used for the sign’s background, wording and legend must not be likely to cause confusion with any of those used for any official road sign or traffic sign.

3. Lettering and symbols used must be at least 120 millimetres in height.

4. No reflective material may be used on the sign.

5. No internal or external illumination of the sign may be provided.

6. The bottom edge of the sign must not be more than 2.5 metres above road level or ground.

7. The sign must not be closer than 5 metres from the edge of the carriageway.

Second Schedule

Requirements for signs (other than temporary local banners) constructed, maintained or displayed on or over any State highway in an area where the speed limit is greater than 70km/h:

1. The sign must not exceed 1 square metre in area or 2 metres for any edge dimension.

2. The colour combination used for the sign’s background, wording and legend must not be likely to cause confusion with any of those used for any official road sign or traffic sign.

3. Lettering and symbols used must be at least 160 millimetres in height with font that complies with Land Transport Safety Authority standards.

4. The sign must not display more than 6 words or symbols and no more than 40 characters.

5. No reflective material may be used on the sign.

6. No internal or external illumination of the sign may be provided.

7. The bottom edge of the sign must not be more than 2.5 metres above road level or ground.

8. The sign must not be closer than 5 metres from the edge of the carriageway.

9. The sign must be located so as to provide an unrestricted view to the motorist for a minimum distance of 180 metres.

Third Schedule

Requirements for temporary local banners:

1. No part of the banner may be less than 5.5 metres above road height.

2. Lettering and symbols used must be at least 300 millimetres in height.

3. No reflective material may be used on the banner.

4. The banner must not display more than 6 words or symbols.

5. The banner must be located at least 100 metres from any intersection and at least 50 metres away from any pedestrian crossing.

6. The banner must be fixed securely.

7. The owner of the banner will be responsible for any damage caused to or by the banner.