Land Transport Act 1998

If you need more information about this Act, please contact the administering agency: Ministry of Transport

Bylaws

Heading: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

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)

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:

(b)

prescribing fines, not exceeding $1,000, for the breach of any bylaw made under this section.

Vehicle and road use

(c)

prohibiting or restricting, absolutely or conditionally, any specified class of traffic (whether heavy traffic or not), or any specified motor vehicles or class of motor vehicle that, by reason of its size or nature or the nature of the goods carried, is unsuitable for use on any road or roads:

(d)

for the safety of the public or for the better preservation of any road,—

(i)

fixing the maximum speed of vehicles or of specified classes of vehicles on any road:

(ii)

designating any area, where that designation will have the effect of determining the speed limit in that area:

(e)

prohibiting or restricting engine braking in any area where the permanent speed limit does not exceed 70 kilometres per hour:

(f)

prohibiting or restricting the use of vehicles on beaches:

(g)

restricting the use of motor vehicles on unformed legal roads for the purposes of protecting the environment, the road and adjoining land, and the safety of road users:

(h)

prescribing the use of roads and cycle tracks, and the construction of anything on, over, or under a road or cycle track:

Heavy traffic

(i)

providing for the giving and taking of security by or from any person that no special damage will occur to any road, bridge, culvert, ferry, or ford by reason of any heavy traffic:

(j)

prohibiting any specified class of heavy traffic that has caused or is likely to cause serious damage to any road, unless the cost of reinstating or strengthening the road, as estimated by the Minister or the relevant road controlling authority, as the case may be, is paid previously:

(k)

providing for the annual or other payment of any reasonable sum by any person concerned in any heavy traffic by way of compensation for any damage likely to occur as a result of the heavy traffic to any road, bridge, culvert, ferry, or ford:

(l)

providing for the establishment, in accordance with section 361 of the Local Government Act 1974, of a toll to be levied on any class of heavy traffic:

Parking

(m)

prohibiting or restricting, subject to the erection of the prescribed signs, the stopping, standing, or parking of vehicles on any road; limiting the stopping, standing, or parking of vehicles on any road to vehicles of any specified class or description; limiting the period of time that vehicles may park on any part of the road where parking is limited to such vehicles; and providing that a vehicle used for the time being for any specified purpose must be treated for the purposes of the bylaw to be of a specified class or description, whether or not the vehicle belongs to any other class or description for any other purpose:

(n)

prohibiting or restricting, subject to the erection of the prescribed signs, the parking of heavy motor vehicles, or any specified class or description of heavy motor vehicle, on any specified road during specified hours or for a period that exceeds a specified period:

(o)

prescribing the use of parking places and transport stations, which includes (but is not limited to)—

(i)

specifying the vehicles or classes of vehicle that may be entitled to use any parking place or transport station:

(ii)

reserving any specified parking place or transport station for use, either generally or at specified times, only by members of the judiciary, health practitioners, members of the diplomatic corps or consular corps, or disabled persons as defined in section 2 of the Disabled Persons Community Welfare Act 1975:

(iii)

if in the relevant road controlling authority’s opinion it would be reasonable to reserve parking places or transport stations for use by persons who reside in the vicinity,—

(A)

reserving specified parking places or transport stations for those persons to use, either generally or at specified times; and

(B)

setting the fees that those persons must pay to the relevant road controlling authority, whether annual or otherwise, for the use of those parking places or transport stations (provided that the fees do not exceed the reasonable cost to the relevant road controlling authority of the service involved in granting a permit to park in any parking place or transport station, collecting fees, or otherwise in relation to the reserving of any parking place or transport station):

(iv)

prohibiting or restricting parking (being the stopping or standing of a vehicle for a period in excess of that specified in the bylaws) on specified roads or part of roads in residential areas by specified classes of vehicles, either generally or at specified times, where in the relevant road controlling authority’s opinion the parking is likely to cause a nuisance or danger:

(v)

prescribing the conditions under which any parking place or transport station may be used:

(vi)

prescribing the charges to be paid to the relevant road controlling authority in connection with the use of any parking place or transport station, as measured by parking meters or in any other manner specified in the bylaws:

(vii)

providing for the removal of vehicles from parking places or transport stations or roads where those vehicles are using those places or stations in breach of the bylaws, and requiring the payment of the reasonable cost of such removal:

Signs and markings

(p)

providing that, subject to the erection of the prescribed signs, vehicles on roads must travel in 1 specified direction only:

(q)

prohibiting, subject to the erection of the prescribed signs, vehicles on a roadway turning from facing or travelling in 1 direction to facing or travelling in the opposite direction, or prohibiting vehicles on a road, other than vehicles of a specified class, from turning to the right or to the left:

(r)

prescribing, subject to the marking of lanes on the roadway, that on any road any traffic lane may be used or any turning movement may be made only by vehicles of specified classes or vehicles carrying specified classes of loads or no fewer than a specified number of occupants:

Livestock

(s)

prohibiting, either absolutely or conditionally, the crossing of any bridge or culvert by horses, cattle, sheep, pigs, or other animals, or vehicles and regulating the times at which or the manner in which any horses, cattle, sheep, pigs, or other animals, or vehicles, may cross or be taken over any bridge or culvert:

(t)

prescribing the routes by which and the times at which horses, cattle, sheep, pigs, or other animals, or specified classes of vehicles, may pass over any road:

(u)

prohibiting the driving of loose horses, cattle, sheep, pigs, or other animals along any road, otherwise than at the times and by the routes so prescribed, except with the permission of the Minister or of the relevant road controlling authority, as the case may be, and on the conditions that the Minister or the relevant road controlling authority, as the case may be, thinks fit:

(v)

prohibiting, either absolutely or conditionally, the driving of horses, cattle, sheep, pigs, or other animals along any road, and requiring that no horses, cattle, sheep, pigs, or other animals may be taken upon or enter any road unless they are confined within a motor vehicle:

Displays, vegetation, and access

(w)

regulating the use of any means of access constructed under section 319(1) of the Local Government Act 1974:

(x)

requiring the owner or occupier of any area of land on which a building is situated or the owner or occupier of any building or part of a building, being land or a building or part of a building to which a number has been allocated under section 319B of the Local Government Act 1974, to display that number in a position visible from the road:

(y)

regulating, controlling, or prohibiting the display or continuance of the display of posters, placards, handbills, writings, pictures, or devices for advertising or other purposes on or over public buildings or bridges, or on or over buildings, walls, fences, posts, trees, pavements, or hoardings, that are situated—

(i)

in or on or adjoining any land or road that is the property of, or under the control of, the relevant road controlling authority; or

(ii)

where that display is visible from a road or public place:

(z)

restricting or prohibiting the planting or erection, at or within a specified distance from corners, bends, or intersections on roads, of trees, shrubs, hedges, scrub, or other growth, or of fences or walls, that, in the opinion of the relevant road controlling authority are, or are likely to constitute, a source of nuisance or danger to traffic, and requiring the trimming or cutting down of such trees, shrubs, hedges, scrub, or other growth:

(za)

requiring any allotment in such parts of the district as are specified in the bylaws to be fenced along its line of frontage to any road and to be kept clear of noxious plants:

(zb)

prohibiting the cutting of grass for seed on roads or on any specified roads without the previous consent in writing of the relevant road controlling authority, either at all times or during any specified part of the year:

(zc)

regulating the use of, and protecting, grass plots, flower beds, and shrubberies laid out in roads or on land vested in or under the control of the relevant road controlling authority by or under the authority of the relevant road controlling authority, and protecting trees growing on any roads or on land vested in or under the control of the relevant road controlling authority (whether or not planted by the relevant road controlling authority):

(zd)

regulating or prohibiting the construction of cellars or the making of excavations within a specified distance from any road or any adjoining land, and preventing cellars and excavations from becoming a receptacle for stagnant water or other impure matter:

Weights

(ze)

providing for—

(i)

the weighing or measurement of vehicle loads:

(ii)

the computation of the weight or measurement of loads from the cubical or superficial measurements of vehicle loads:

(zf)

prescribing the quantity of material that, for the purpose of a computation, may be conclusively treated as a specified weight or measurement of vehicle loads from the cubical or superficial measurements of vehicle loads:

(zg)

providing for the drivers of vehicles to—

(i)

give information as to vehicle loads and as to the quantity, weight, size, or measurement of vehicle loads:

(ii)

do any thing for the purpose of enabling the quantity, weight, size, or measurement of the loads to be ascertained, as may be requested by any person authorised in this regard:

(zh)

regulating the weights of vehicles or loads that may pass over bridges or culverts:

Pedlars

(zi)

prohibiting or permitting the occupation of stands or stalls (including vehicles used as stalls) by hawkers, pedlars, and keepers of mobile or travelling shops (subject, in the case of a State highway, to the prior consent of the Agency and to any conditions imposed by the Agency)—

(i)

in roads, public places, and State highways as the relevant road controlling authority thinks fit; or

(ii)

in specified roads or State highways or parts of specified roads or State highways; or

(iii)

in any public place adjoining specified roads or State highways or parts of specified roads or State highways if the presence of the stall or stand is likely to cause an obstruction or a danger to traffic:

(zj)

prescribing charges in respect of any permits that may be granted in relation to matters specified in paragraph (zi):

General

(zk)

regulating any road-related matters not addressed by paragraphs (a) to (zj), including (but not limited to) enhancing or promoting road safety or providing protection for the environment.

(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.

(3)

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.

(3A)

A relevant road controlling authority may, by resolution, limit a parking place or transport station or any specified part of that parking place or transport station to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes.

(3B)

If, under subsection (3A), a parking place or transport station is limited to vehicles belonging to or used by particular persons or classes of persons or to vehicles used for particular public purposes, no person in charge of any other vehicle may allow the vehicle to stand in the parking place or transport station.

(4)

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.

(5)

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.

(6)

In this section,—

keeper, in relation to a mobile or travelling shop, means the person by whom or on whose behalf any business is carried on by means of the mobile or travelling shop

mobile or travelling shop—

(a)

means a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or available for sale in the road, or from which goods, wares, or merchandise may be ordered in the road (whether or not in response to any invitation) or from which services are offered for sale in the road; but

(b)

does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares, or merchandise ordered previously

parking place has the same meaning as in section 591(6) of the Local Government Act 1974

railway has the same meaning as in section 4(1) of the Railways Act 2005

transport station has the same meaning as in section 591(6) of the Local Government Act 1974.

(7)

Bylaws and resolutions made under this section are secondary legislation for the purposes of the Legislation Act 2019, but section 161A of the Local Government Act 2002 applies to all bylaws and resolutions made under this section as if they were made by a local authority.

Section 22AB: inserted, on 1 December 2009, by section 8 of the Land Transport (Enforcement Powers) Amendment Act 2009 (2009 No 36).

Section 22AB(1)(b): amended, on 11 August 2017, by section 90 of the Land Transport Amendment Act 2017 (2017 No 34).

Section 22AB(1)(c) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(c): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(d): replaced, on 22 July 2015, by section 11 of the Land Transport (Speed Limits Validation and Other Matters) Act 2015 (2015 No 64).

Section 22AB(1)(e): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(f): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(g): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(h): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(i) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(i): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(j): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(k): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(l): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(m) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(m): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(n): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(o): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(o)(ii): amended, on 30 November 2022, by section 64 of the Statutes Amendment Act 2022 (2022 No 75).

Section 22AB(1)(p) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(p): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(q): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(r): replaced, on 1 July 2017, by section 18 of the Energy Innovation (Electric Vehicles and Other Matters) Amendment Act 2017 (2017 No 27).

Section 22AB(1)(s) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(s): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(t): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(u): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(v): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(w) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(w): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(x): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(y): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(z): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(za): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zb): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zc): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zd): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(ze) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(ze): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zf): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zg): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zh): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zi) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zi): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zj): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zk) heading: added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(1)(zk): added, on 10 May 2011, by section 10(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(3A): inserted, on 10 May 2011, by section 10(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(3A): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 22AB(3B): inserted, on 10 May 2011, by section 10(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(6): substituted, on 10 May 2011, by section 10(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 22AB(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).