Land Transport (Road User) Rule 2004

6.20 Exceptions under this Part

(1)

This clause contains exceptions to this Part that are in addition to the exceptions in clause 1.8.

(2)

A driver or person in charge of any goods vehicle is not in breach of clause 6.11 or clause 6.12 if he or she proves that the act or omission complained of—

(a)

took place in accordance with the directions of a notice, traffic sign, or marking on the roadway; or

(b)

was necessary for the loading or unloading of the vehicle in the course of trade, and took place with due consideration for the safety and convenience of other road users, and either—

(i)

that alternative access for the purpose of loading or unloading the vehicle was unavailable; or

(ii)

if alternative access was available, that the circumstances existing at the time were such that it was unreasonable to require the alternative access to be used.

(3)

A driver of any small passenger service vehicle is not in breach of clause 6.11 if the driver proves that—

(a)

the act or omission complained of took place during the picking up or setting down of passengers in connection with their carriage for hire or reward and took place with due consideration for the safety and convenience of other road users; and

(b)

either—

(i)

alternative access for the purpose of picking up or setting down passengers was unavailable; or

(ii)

if alternative access was available, that the circumstances existing at the time were such that it was unreasonable to require such access to be used.

Compare: SR 1976/227 r 36(2), (3)

Clause 6.20(3): amended, on 1 October 2011, by clause 15 of the Land Transport (Road User) Amendment Rule 2011 (SR 2011/307).