NEW ZEALAND GAZETTE, No. 69 — 4 AUGUST 2016

(1) The carriage of the following dangerous goods in the Tunnel requires permission from a Tunnel Control Officer:

(a) Class 1 explosive, articles listed in Table 2.1 of the Land Transport Rule: Dangerous Goods 2005;

(b) Class 2 gases;

(c) Class 3 flammable liquids, packing group III;

(d) Class 4 flammable solids; substances liable to spontaneous combustion; substances which, in contact with water, emit flammable gases;

(e) Class 5 oxidizing substances and organic peroxides;

(f) Class 6 Division 6.1 toxic substances, packing groups II and III;

(g) Class 6 Division 6.2 infectious substances, excluding routine diagnostic specimens and low-risk biological products transported in accordance with the Land Transport Rule: Dangerous Goods 2005;

(h) Class 7 radioactive materials;

(i) Class 8 corrosive substances; and

(j) Class 9 miscellaneous dangerous substances and articles.

(2) A vehicle carrying any dangerous goods that require permission from a Tunnel Control Officer must not enter the Tunnel unless the vehicle operator:

(a) prior to approaching the Tunnel, contacts a Tunnel Control Officer;

(b) obtains permission to proceed from a Tunnel Control Officer; and

(c) complies with any condition imposed by a Tunnel Control Officer.

14. Special authorisation to use the Tunnel

(1) The Tunnel Manager may:

(a) issue a special authorisation to use the Tunnel when exceptional circumstances exist;

(b) specify a date, time and time period on which a special authorisation may be used; or

(c) decline any request for a special authorisation to use the Tunnel.

(2) A person who intends to use the Tunnel under a special authorisation from the Tunnel Manager must:

(a) prior to approaching the Tunnel, contact a Tunnel Control Officer; and

(b) comply with any additional instructions a Tunnel Control Officer considers are necessary to ensure the safety of persons or property.

15. Permission to use the Tunnel

(1) If a person who is required by this bylaw to obtain permission to use the Tunnel requests permission, a Tunnel Control Officer, after considering the safety of persons and property, may:

(a) grant permission to use the Tunnel to any person; and

(b) impose any condition the Tunnel Control Officer considers necessary, including requiring a vehicle to be escorted through the Tunnel by a Tunnel Control Officer; or

(c) decline permission to use the Tunnel.

16. Tunnel Control Officer may require safety precautions

(1) If a Tunnel Control Officer considers it necessary to maintain the safe and efficient operation of the Tunnel and to ensure the safety of persons or property, the Tunnel Control Officer may:

(a) stop traffic at or near either entrance of the Tunnel;

(b) give an instruction or direction to any person who either intends to use, or is in, the Tunnel; or

(c) control the movement of traffic in the Tunnel.

17. Offences and penalties—Without limiting any provision of any other enactment, a person who breaches clauses 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 or 16 of this bylaw commits an offence and is liable to a fine not exceeding $500.00.

18. General exceptions

(1) A person is not in breach of this bylaw if the act or omission that would otherwise constitute a breach:

(a) was done at the direction of a Tunnel Control Officer or Enforcement Officer; or

(b) in the case of an act or omission done by a Tunnel Control Officer or Enforcement Officer, was necessary in the execution of the person’s duty.

43