NEW ZEALAND GAZETTE, No. 99 — 3 NOVEMBER 2016

New Zealand Transport Agency (Waterview Tunnels) Bylaw 2016

Pursuant to section 61(3) of the Government Roading Powers Act 1989, for the purposes specified in section 22AB of the Land Transport Act 1998, the NZ Transport Agency makes the following bylaw.

Bylaw

1. Title—This bylaw is the New Zealand Transport Agency (Waterview Tunnels) Bylaw 2016.

2. Commencement—This bylaw comes into force 28 days after the date of its publication in the New Zealand Gazette.

3. Application—This bylaw applies to State Highway 20 and State Highway 16 as follows:

   • For the northbound lanes, from the Maioro Street Interchange on State Highway 20, including the on-ramp, through the Waterview Tunnel, including the State Highway 16 on-ramps.
   • For the southbound lanes, from the start of each of the two State Highway 20 on-ramps from State Highway 16 onto State Highway 20, through the Waterview Tunnel to the Maioro Street Interchange.

4. Interpretation—In this bylaw, unless the context otherwise requires:

   Agency means the NZ Transport Agency.

   Dangerous Goods has the same definition as set out in Part 2 of the Land Transport Rule: Dangerous Goods 2005.

   Goods Service Vehicle has the same meaning as in section 2 of the Land Transport Act 1998.

   Emergency Services Personnel means any member of the New Zealand Police, New Zealand Fire Service, or an ambulance service.

   Loose Bulk Load means the transport of unpackaged material that is capable of generating or releasing dust due to wind action or movement and includes but is not limited to fertiliser, construction or demolition material, waste, soil, sand, or stock feed.

   Motorway means the South-Western Motorway (State Highway 20) and the North-Western Motorway (State Highway 16).

   Pedestrian has the same meaning as in clause 1.6 of the Land Transport (Road User) Rule 2004.

   Tunnels means the Waterview Tunnels on State Highway 20, South-Western Motorway.

   Tunnel Operator means any person with delegated authority from the Agency for Tunnel and/or Motorway traffic operations (including any person appointed as a Site Traffic Management Supervisor for temporary works and incident response crews).

5. Prohibited vehicles—An operator of any of the following vehicles must not cause or permit the vehicle to enter the area of Motorway described in clause 3 of this bylaw:

   a. Any vehicle carrying Dangerous Goods that is required to display placards under section 7 of the Land Transport Rule: Dangerous Goods 2005.

   b. Any Goods Service Vehicle carrying a Loose Bulk Load that is not covered in a manner that minimises dust and residue from escaping from the vehicle.

   c. Any vehicle including its load that exceeds 4.30m in height.

6. Activity within the Tunnels regulated—(1) A person in the Tunnels must comply with direction or instruction of a Tunnel Operator or Emergency Services Personnel.

   (2) A person while in the Tunnels must not:

   a. drive a vehicle at a speed so low as to block or impede the normal and reasonable movement of traffic;

   b. tow any vehicle other than:
   i. a vehicle being towed with a rigid pole or A-frame; or
   ii. a trailer;

   c. propel a vehicle by pushing it with another vehicle;

   d. change a tyre or wheel on a vehicle;

   e. repair a vehicle;

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