11 DECEMBER 2008 NEW ZEALAND GAZETTE, No. 192 5093

(v) inter-region buses.

8.3 For the avoidance of doubt, other services in clause 8.2(b) have equal priority as between themselves.

Deciding applications

9. After considering any application for authorisation made under clause 4 the Agency may:

9.1 decline the application; or

9.2 grant the application; and

(a) determine the term of the authorisation;

(b) impose any reasonable conditions concerning the matters listed in clause 7; and

(c) set a review period.

Emergencies

10. Notwithstanding the approval by the Agency of an operator’s emergency procedures:

10.1 in the event of any breakdown on the Northern Busway the driver of the broken down vehicle must comply with any instructions given by an authorised officer; and

10.2 in the event that a heavy omnibus breaks down on the Northern Busway, the driver of any heavy omnibus operated by them that is following the vehicle that breaks down, shall stop and pick up the passengers from that vehicle and transport them to the next busway transport station; and

10.3 in the event a shuttle breaks down on the Northern Busway, the operator must make all necessary arrangements to immediately transport any passengers from the Busway to the next busway transport station.

Suspension, variation or cancellation of authorisations

11. Notwithstanding any conditions imposed on any authorisation, the Agency may review, suspend, amend or revoke any authorisation issued under this bylaw if it reasonably believes that:

(a) action is required to protect public safety.

(b) there has been an alleged breach of any condition or conditions of the authorisation.

(c) there has been an alleged breach of this bylaw.

(d) the merging capacity of the Northern Busway with harbour bridge traffic is potentially compromised as a consequence of the existing authorisation.

(e) action is required to preserve the priority accorded to different types of vehicles that may be authorised to use the busway transport stations in accordance with the hierarchy under clause 8.

(f) action is required to ensure safe and efficient operation of the Northern Busway and in particular to manage the finite capacity of vehicles on the Northern Busway including managing merging of those vehicles with traffic on the approaches to the Auckland Harbour Bridge.

Procedure for reviewing, amending and suspending authorisations

12. If the reason for reviewing, suspending or revoking any authorisation arises under clause 11(a) above, the Agency may act urgently to suspend the authorisation by serving written notice of suspension on the holder of the authorisation.

13. If the reason for reviewing, suspending or revoking any authorisation arises under clause 11(a) – 11(f), the Agency may require the holder of the authorisation, on one month’s notice, to attend a hearing to explain why the authorisation should not be suspended, reviewed, amended or revoked.

14. If the holder of the authorisation does not attend that hearing or after the hearing, the Agency is satisfied that the operator has been in breach of the bylaw or that the authorisation needs to be suspended, reviewed, amended or revoked the Agency may suspend, review, amend or revoke the authorisation at their discretion.

Use of the Northern Busway

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

(a) that person is driving a vehicle which is operated by an operator that has satisfied the requirements and been granted an authorisation under clause 9 above and the vehicle is not open-topped; or

(b) that person is driving an emergency vehicle in an emergency or driving a vehicle that has approval from either the New Zealand Police or an authorised officer to use the Northern Busway in an emergency; or

(c) that person is driving an authorised vehicle; or

(d) 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 (described in Schedule 1) and is in the process of moving the vehicle across the busway to the shoulder; or

(e) that person is driving a breakdown vehicle which is required by an authorised officer to attend to an accident or breakdown.

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

(a) that person is driving or is in charge of a vehicle which is operated by an operator that has been granted an authorisation under clause 9 above and is stopping on an area of the Northern Busway designated as a stopping place available for that vehicle. For the avoidance of doubt, any area of the Northern 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

(b) that person is driving or is in charge of a vehicle which is operated by an operator that has been granted authorisation under clause 9 above and has suffered an accident or breakdown;