Government Roading Powers Act 1989

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82 Restrictions on use of motorways

(1)

Except as provided in this or any other enactment, a person shall not be on a motorway unless the person is—

(a)

in or on a vehicle that is entitled to be on the motorway; or

(b)

on the motorway as a result of any crash, breakdown, or other emergency; or

(c)

on the motorway in connection with any work that is authorised by the Agency or under any enactment to be carried out on the motorway or any work that is being carried out pursuant to a delegation granted by the Agency under section 62; or

(d)

on the motorway for the purposes of enforcing any enactment.

(2)

No person shall cause or permit any animal or thing that is or ought to be under that person’s control to be on any motorway unless—

(a)

it is a vehicle that is entitled to be on the motorway or is carried in or on such vehicle; or

(b)

it is on the motorway for the purposes of assisting at any crash, breakdown, or other emergency; or

(c)

it is on the motorway in connection with any work that is—

(i)

authorised by the Agency or under any enactment to be carried out on the motorway; or

(ii)

being carried out pursuant to a delegation by the Agency under section 62; or

(d)

it is expressly authorised by any enactment to be on a motorway.

(3)

The owner or person in charge of any animal or thing which is on a motorway in breach of subsection (2) shall be liable for any damage that may result from collision with or attempted avoidance of the animal or thing, unless the owner or person proves that the presence of the animal or thing on the motorway in breach of that subsection was not due to any negligence on his or her part.

Compare: 1981 No 35 s 148

Section 82(1)(c): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 82(2)(c)(i): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 82(2)(c)(ii): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).