Land Transport (Enforcement Powers) Amendment Bill

  • enacted
7 New heading and sections 22AB to 22AF inserted
  • The following heading and sections are inserted after section 22A:

    Bylaws

    22AB Road controlling authorities may make certain bylaws
    • (1) A road controlling authority may make any bylaw that it thinks fit for 1 or more of the following purposes:

      • (a) authorising, subject to any restrictions or conditions, the racing of motor vehicles:

      • (b) controlling or restricting cruising:

      • (b) controlling, restricting, or prohibiting cruising, including (but not limited to)—

        • (i) specifying the section of road or roads on which cruising is controlled, restricted, or prohibited:

        • (ii) prescribing the period of time that must elapse between each time a driver drives on a specified section of road for the driver to avoid being regarded as cruising:

      • (c) prescribing fines, not exceeding $500, for the breach of any bylaw made under this section.

      (2) A bylaw made under subsection (1) may apply—

      • (a) to all roads, any specified road, or any part of a specified road under the care, control, or management of the road controlling authority making the bylaw:

      • (b) to all vehicles or traffic or to any specified class or classes of vehicles or traffic using a road under the care, control, or management of the road controlling authority making the bylaw:

      • (c) at any specified time or times.

      (2A) A bylaw made under subsection (1) may leave any matter or thing to be regulated, controlled, or prohibited by the road controlling authority by resolution generally, for any specified classes of case, or in a particular case.

      (3) A copy of every bylaw made under this section by a road controlling authority must, within 1 week after being made, be sent by the road controlling authority to the Minister, who may at any time disallow the bylaw or any part of the bylaw under section 22AC.

      (4) Nothing in this section—

      • (a) applies to any railway on, over, or across any road; or

      • (b) limits any provision in this Act or any other Act, or any provision in any rules or regulations made under this Act or any other Act, regarding the regulation of traffic on roads; or

      • (c) limits the power to make bylaws conferred on a road controlling authority under any other Act.

      (5) In this section, railway has the same meaning as in section 4(1) of the Railways Act 2005.

    22AC Minister may amend, replace, or disallow bylaws
    • (1) The Minister may, by notice published in the Gazette,—

      • (a) amend or replace any bylaw made by a road controlling authority under section 22AB:

      • (b) disallow, either wholly or in part, any bylaw made by a road controlling authority under section 22AB or any other enactment (whether before or after the commencement of this section) if the bylaw—

        • (i) is inconsistent with any enactment; or

        • (ii) is unreasonable or undesirable in so far as it relates to or may affect traffic.

      (1) The Minister may, by notice published in the Gazette, amend, replace, or disallow, either wholly or in part, any bylaw made by a road controlling authority under section 22AB or any other enactment (whether before or after the commencement of this section) if the bylaw—

      • (a) is inconsistent with any enactment; or

      • (b) is unreasonable or undesirable in so far as it relates to or may affect traffic.

      (2) On any disallowance under subsection (1), the bylaw must, to the extent to which it is disallowed, be treated as having been revoked.

      (3) Any disallowance under subsection (1) takes effect either on the day of the publication of the notice of disallowance in the Gazette or on a later date that may be specified in the notice.

    22AD Consultation
    • (1) A road controlling authority that is a local authority may not make a bylaw under section 22AB unless it has used the special consultative procedures set out in section 83 of the Local Government Act 2002.

      (2) A road controlling authority that is not a local authority may not make a bylaw under section 22AB unless it has consulted with—

      • (a) the occupiers of any properties adjoining the road to which the proposed bylaw would apply; and

      • (b) any affected road controlling authorities that are responsible for roads that join, or are located near, the road to which the proposed bylaw would apply; and

      • (c) the territorial authority for the area where the road is located; and

      • (d) any affected local community; and

      • (e) the Commissioner of Police; and

      • (f) any other organisation or road user group that the road controlling authority considers affected; and

      • (g) the Agency (if the road controlling authority is not the Agency).

      (3) The road controlling authority must—

      • (a) give notice in writing to the persons specified in subsection (2) of the road controlling authority's proposal to make, amend, or replace a bylaw; and

      • (b) give those persons a reasonable time, which must be specified in the notice, to make submissions on the proposal.

    22AE Publication and proof of bylaws
    • (1) As soon as practicable after a bylaw is made, the road controlling authority must give public notice of the making of the bylaw, stating—

      • (a) the date on which the bylaw comes into force; and

      • (b) that copies of the bylaw may be inspected and obtained at the office of the relevant road controlling authority on payment of a specified amount.

      (2) A road controlling authority must—

      • (a) keep copies of all its bylaws at the office of the road controlling authority; and

      • (b) make its bylaws available for public inspection, without fee, at reasonable hours at the office of the road controlling authority; and

      • (c) supply to any person, on request and on payment of a reasonable charge, a copy of any of its bylaws.

      (3) The production of any document purporting to contain a printed copy of any bylaw made under section 22AB and authenticated by the road controlling authority that made it is, until the contrary is proved, sufficient evidence of the existence and provisions of the bylaw.

    22AF Warning notices
    • (1) If a motor vehicle is operated in a manner that breaches a qualifying bylaw, an enforcement officer may attach a warning notice to the motor vehicle (instead of, or in addition to, issuing an applicable infringement notice).

      (2) The warning notice must be—

      • (a) in the form prescribed by the Minister of Police by notice in the Gazette; and

      • (b) attached to the motor vehicle subject to the warning notice in a manner that—

        • (i) is visible; but

        • (ii) does not interfere with the driver's view of the road.

      (3) A warning notice attached to a motor vehicle under subsection (1)

      • (a) is in effect for a period of 90 days from the date of its attachment; and

      • (b) must remain attached to the motor vehicle for that period.