New Zealand Legislation: Regulations
Regulations are laws made under Acts
(1) [Revoked]
(2) [Revoked]
(3) For the purposes of this regulation, a controlling authority may with respect to any bridge under its control fix weight limits or a speed limit or both weight limits and a speed limit for heavy motor vehicles, and combinations of vehicles including a heavy motor vehicle, using that bridge.
(4) Before a controlling authority proceeds to fix any weight limits or speed limit with respect to any bridge under this regulation, it shall obtain from a chartered professional engineer a certificate that he has made a detailed inspection of the bridge and that as a result he is of the opinion that the use of the bridge by vehicles exceeding in weight the weight limits, or travelling at a speed exceeding the speed limit, proposed to be fixed would so overstrain the bridge as to be likely to cause its ultimate failure.
(5) Any controlling authority that has fixed weight or speed limits with respect to any bridge as aforesaid shall cause notification thereof in form D in Schedule 1 to these regulations to be published in some newspaper circulating in the district in which the bridge is situated, and shall erect and maintain near each end of the bridge a sign indicating any weight and speed limits so fixed in the form prescribed by Land Transport Rule: Traffic Control Devices 2004 (54002).
(6) [Revoked]
(7) Any controlling authority that has fixed a speed limit with respect to any bridge as aforesaid shall cause notification thereof in form D in Schedule 1 to these regulations to be published in some newspaper circulating in the district in which the bridge is situated. Any such notice may be combined with a notice under subclause (5) of this regulation, as indicated in the said form D.
(8) The weight limits or speed limit fixed with respect to any bridge shall become effective for the purpose of this regulation so soon as subclause (5) or subclause (7) has been complied with and no sooner.
(9) Within 7 days of the publication or first publication (if more than one) of a notification, the controlling authority shall forward to the Agency a copy of the newspaper containing the notification, together with advice that an engineer's certificate has been obtained in accordance with subclause (4) of this regulation.
(10) The controlling authority shall remove any weight limits or speed limit which it has fixed with respect to any bridge under this regulation, or under the corresponding provisions of the Heavy Motor Vehicle Regulations 1969, upon being satisfied that the same are no longer necessary by reason of repairs to the bridge having been effected or for any other sufficient reason, and shall cause notification of the removal to be published in some newspaper circulating in the district in which the bridge is situated and shall forthwith remove the signs erected under subclause (5) of this regulation, or, as the case may be, the corresponding provisions of the Heavy Motor Vehicle Regulations 1969.
(11) The controlling authority shall forthwith notify the Agency of the removal of any weight limits or speed limit as aforesaid, and shall forward to him a copy of the newspaper containing notification thereof.
(12) Any weight limits or speed limit removed under this regulation shall be ineffective as from the time of removal of the signs by the controlling authority, or as from the date of publication or first publication (if more than one) of the notification of that removal.
(13) Any weight limits or speed limit fixed by the controlling authority under the provisions of this regulation shall remain in force, unless sooner revoked or amended, for a period of 12 months and no longer, but any such weight limits or speed limit, and any weight limits or speed limit fixed under the corresponding provisions of the Heavy Motor Vehicle Regulations 1969 and in force at the commencement of these regulations, may be reimposed from time to time under the provisions of this regulation for further periods not exceeding 12 months at any one time.
(14) In any prosecution for a breach of this regulation, it shall be sufficient evidence that the weight limits or speed limit with respect to any bridge had been fixed and were in force in accordance with this regulation, if the prosecution proves that at the time when the offence was committed the signs indicating weight or speed limits, or both, were in position near each end of the bridge, and that those limits had been fixed by the controlling authority not more than 12 months before the date of the alleged offence.
(15) In the case of any weight limit or speed limit in force for any bridge at the commencement of these regulations, the limit shall remain in force until it would have been due to expire under the Heavy Motor Vehicle Regulations 1969, and the signs indicating such limits may continue to be used for this purpose until the limits are altered or revoked under these regulations.
(16) [Revoked]
(16A) [Revoked]
(16B) [Revoked]
(17) [Revoked]
(18) [Revoked]
(19) [Revoked]
Subclauses (1) and (2) were revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Subclause (4) was amended, as from 1 January 2004, by section 76 Chartered Professional Engineers of New Zealand Act 2002 (2002 No 17) by substituting the words “a chartered professional engineer”
for the words “an engineer (who is either registered under the Engineers Registration Act 1924 or is the holder of a certificate of recognition issued by the Engineers Registration Board)”
.
Subclause (5) was amended, as from 27 February 2005, by regulation 6(1) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “prescribed by Land Transport Rule: Traffic Control Devices 2004 (54002)”
for the words “of diagram No. 4 in Schedule 4 to these regulations”
.
Subclause (6)(a) was substituted by regulation 7(1) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325).
Subclause (6)(b) was amended by regulation 2 Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1974/309) by substituting the expression “80”
, or “90”
for the expression “80”
.
Subclause (6)(b) was amended by regulation 7(2) Heavy Motor Vehicle Regulations 1974, Amendment No 5 (SR 1988/325) by inserting the expression “and No 4”
.
Subclause (6) was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Subclause (8) was amended, as from 27 February 2005, by regulation 6(2) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445) by substituting the words “subclause (5) or subclause (7) has”
for the words “the provisions of subclauses (5) and (6), or, as the case may require, subclause (7), of this regulation have”
.
Regulation 11(9): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclauses (9) and (11) were amended, as from 20 August 1993, by section 35(3) Land Transport Act 1993 (1993 No 88) by substituting the word “Authority”
for the word “Secretary”
.
Regulation 11(11): amended, on 1 August 2008, by section 50(2) of the Land Transport Management Amendment Act 2008 (2008 No 47).
Subclause (16) was amended by regulation 7(1)(b) Motor Spirits Duty Refund Regulations 1978 (SR 1978/28) by substituting the words “road user licence”
for the words “heavy-traffic licence”
.
Subclause (16) was revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).
Subclauses (16A) and (16B) were inserted by regulation 6 Heavy Motor Vehicle Regulations 1974, Amendment No 4 (SR 1987/206).
Subclauses (16A) to (19) were revoked, as from 27 February 2005, by regulation 8(a) Heavy Motor Vehicle Amendment Regulations (No 3) 2004 (SR 2004/445).