New Zealand Legislation: Regulations

10 Prohibition of certain heavy traffic

• (1) [Revoked]

  (2) [Revoked]

  (3) The controlling authority may, on reasonable grounds, prohibit absolutely or conditionally the use on any specified road of heavy motor vehicles or of any specified class of heavy motor vehicle during any specified period or series of periods.

  (4) The controlling authority may, if it considers on reasonable grounds that it is necessary to protect a road from excessive damage, prohibit, during any specified period of not more than 12 months, the use on that road of heavy motor vehicles which exceed a specified axle weight. If, at the expiry of the specified period, the controlling authority still considers a prohibition necessary to protect the road, it may extend the prohibition for a further specified period of not more than 12 months, and, until it considers such a prohibition is no longer necessary, may continue to extend the prohibition for further specified period of not more than 12 months each.

  (5) Notice of any prohibition imposed under subclauses (3) or (4) of this regulation shall be given by the controlling authority in the manner provided in subclause (6) of this regulation at least 7 days before the commencement of the specified period:

  Provided that in special circumstances, such as an emergency arising from rain, frost, flood, or other climatic conditions, it shall be sufficient compliance with this requirement if that notice be given as long before the commencement of the period as the circumstances reasonably permit.

  (6) The notice referred to in subclause (5) of this regulation shall be given by publication of a statement conveying the grounds of the prohibition and the general effect of the prohibition in some newspaper circulating in the district to which the matter of the notice relates, and by the erection and maintenance of an adequate sign posted in some conspicuous place at all entrances to the road or roads affected by the prohibition.

  (7) [Revoked]

  (8) Any consent or prohibition given or imposed under subclause (1), or subclause (3), or subclause (4) of this regulation may be expressed to relate to all roads under the control of the controlling authority, or any particular road or portion thereof.

  (9) If as a result of advice by the National Roads Board, or of inquiry, the Agency is of the opinion that the power given by subclause (3) or subclause (4) of this regulation has in the case of any road not been exercised in a reasonable manner, the Agency may, by notice in writing given to the controlling authority, revoke, wholly or in part, the prohibition of the use of the road by heavy motor vehicles or any class of heavy motor vehicles, as the case may be, as from the date of the notice or from such later date as may be specified in that behalf in the notice, and may give such public notice of the revocation as the Agency thinks fit.

  (10) On the date on which any such revocation takes effect, the controlling authority shall remove the signs giving notice of the prohibition which has been revoked.

  (11) Any sign erected under the Heavy Motor Vehicle Regulations 1955 or the Heavy Motor Vehicle Regulations 1969 at the commencement of these regulations shall remain in force as if it had been erected under this regulation.

  Subclauses (1) and (2) were revoked, as from 1 April 2002, by regulation 6(b) Land Transport (Offences And Penalties) Amendment Regulations 2002 (SR 2002/44).

  Subclause (6) was amended, as from 27 February 2005, by regulation 5 Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by omitting the words “A sign of the type specified in diagram No. 3 in Schedule 4 to these regulations may be used if appropriate.”.

  Subclause (7) was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).

  Regulation 10(9): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).

  Subclause (9) was amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the words “Authority” and “the Authority” for the words “Minister” and “he”.