8 NOVEMBER 2007

NEW ZEALAND GAZETTE, No. 120

3165

3.10 "operator" means a person who has control of the operation of a passenger service. For the avoidance of doubt, a driver is not an operator unless they also have control of the operation of the passenger service.

3.11 "shoulder" means that sealed area on the extreme outside or verge of the left hand side of the motorway carriageway, such sealed area being physically defined by a continuous white line.

3.12 "use" has the same meaning as in the Traffic Regulations 1976.

3.13 "vehicle" has the same meaning as in the Traffic Regulations 1976.

4. An operator wishing to operate heavy omnibuses on the busway must do the following:

(a) Make an application to Transit New Zealand on the form provided by Transit New Zealand for authorisation to operate heavy omnibuses on the busway. Authorisation may be given subject to conditions relating to those matters covered by subparagraphs (b) to (d) below;

(b) provide details to Transit New Zealand of the emergency procedures that are to be followed in the event that a heavy omnibus operated by them breaks down on the busway. Those procedures must be approved by Transit New Zealand. The emergency procedures must appoint a breakdown vehicle company and a heavy haulage company that will attend the breakdown and/or tow the disabled vehicle and provide for the attendance of those vehicles at the site of the breakdown within 30 minutes of a heavy omnibus breaking down. In the event that the hours of operation of any appointed breakdown vehicle company and heavy haulage company are limited, the operator must not operate heavy omnibuses on the busway outside of those hours of operation;

(c) establish and maintain a method of communication between bus drivers and the Busway Operations Centre, approved by Transit New Zealand; and

(d) instruct all drivers of heavy omnibuses operated by them which use the busway that in the event that a heavy omnibus breaks down on the busway then, if they are following the vehicle that breaks down, they shall stop and pick up the passengers from that vehicle and transport them to the next busway transport station.

5. An operator wishing to operate heavy omnibuses on the busway must comply with any conditions attached to the authorisation given under clause 4 above.

6. Notwithstanding the approval by Transit New Zealand of an operator’s emergency procedures under clause 4(b) above, in the event of any breakdown on the busway, an authorised officer may require a breakdown vehicle, other than the vehicle appointed by the authorised operator, to attend the breakdown.

7. Notwithstanding the approval by Transit New Zealand of an operator’s emergency procedures under clause 4(b) above, in the event of any breakdown on the busway, the driver of the broken down heavy omnibus must comply with any instructions given by an authorised officer.

8. No person, being the driver of a vehicle, shall use or drive that vehicle on or along any part of the busway unless:

8.1 that person is driving a heavy omnibus which is operated by an operator that has satisfied the requirements under clause 4 above and the vehicle is not open-topped; or

8.2 that person is driving an emergency vehicle and has approval from either the New Zealand Police or an authorised officer to use the busway on that occasion; or

8.3 that person is driving an authorised vehicle; or

8.4 that person is driving or is in charge of a vehicle which has suffered an accident or breakdown on the motorway adjacent to that part of the busway extending from the Esmonde Road Underpass to a point south of the Onewa Road Interchange where the busway merges with the motorway carriageway (shown on the plan held in the office of the Regional Manager, Transit New Zealand, Auckland) and is in the process of moving the vehicle across the busway to the shoulder; or

8.5 that person is driving a breakdown vehicle that is required by an authorised officer to attend to an accident or breakdown.

9. No person, being the driver of a vehicle or person in charge of a vehicle, shall stop, stand or park any vehicle on the busway whether that vehicle is attended or unattended unless:

9.1 that person is driving or is in charge of a heavy omnibus, which is operated by an operator that has satisfied the requirements under clause 4 above and is stopping on an area of the busway designated as a stopping place available for that vehicle. For the avoidance of doubt, any area of the busway set aside as a stopping place and the designated use of stopping places will be indicated by signs; stopping is only for the purpose of loading and unloading passengers; and no person, being the driver of a vehicle, shall stand or park that vehicle at any busway stopping place; or

9.2 that person is driving or is in charge of a heavy omnibus which is operated by an operator that has satisfied the requirements under clause 4 above and has suffered an accident or breakdown; or

9.3 that person is driving or in charge of a breakdown vehicle which is required by an authorised officer to attend to an accident or breakdown; or

9.4 that person is driving or is in charge of an authorised vehicle.

10. No person, being the driver of a vehicle or person in charge of a vehicle, shall perform any of the turning movements on that part of the busway except where the turning movement is permitted. For the avoidance of doubt, permitted turning movements shall be identified by prescribed signs.

Any reference in this bylaw to any Statute or Regulation is deemed to include all amendments and revisions made from time to time to that Statute or Regulation.

This bylaw was made by resolution passed at a meeting of Transit New Zealand held in Wellington on the 7th day of November 2007.

Signed on behalf of Transit New Zealand under delegated authority by:

J. H. VAN BARNEVELD, Chief Executive, Transit New Zealand.