(1) These regulations may be cited as the New Zealand Railways Corporation (General) Regulations 1982.

(2) These regulations shall come into force on 1 April 1982.

(1) In these regulations, unless the context otherwise requires,—

(2) When the longitudinal centre line of any axle of a vehicle is closer than 1 metre to the longitudinal centre line of another axle, then the 2 axles shall be deemed to be 1 axle (in these regulations referred to as a dual axle). For the purpose of measuring the distance of any dual axle from another axle, the measurement shall be taken from the longitudinal centre line of that one of the 2 axles comprising the dual axle which is nearer to the axle from which the distance is to be measured.

Every person joining a Corporation service for the purpose of travelling therein without himself, or someone on his behalf, having paid the proper fare to the Corporation or its authorised agent or without being in possession of a ticket entitling him to travel therein shall, at the first opportunity, pay the proper fare together with the booking fee (if any) prescribed in the general scale of charges to the guard and obtain a ticket from him.

Every person when travelling on a Corporation service shall at the appropriate time, if in possession of a ticket available for the journey then being made by him, produce the ticket to the guard, and if so requested by the guard deliver up the ticket or pay the proper fare together with the booking fee (if any) prescribed in the general scale of charges to the guard. Any person offending against this regulation shall without prejudice to any penalty to which he may be liable for the offence, quit the Corporation service at the station or place or point named by the guard.

No person having paid the fare for a ticket entitling him to travel by an excursion or other specified Corporation service shall travel by any Corporation service other than that in respect of which the fare was paid without previously obtaining the proper ticket and paying the proper fare for travelling in the other Corporation service.

No person shall travel or attempt to travel in or upon any Corporation service, with intent to evade payment of the proper fare.

No person holding a ticket or free pass issued for travelling for any specific purpose shall use or attempt to use the ticket or free pass for travelling for any other purpose. Without prejudice to any penalty to which any person may be liable for a breach of this regulation, any such ticket or free pass found to be wrongly used shall be forfeited.

No person shall use or attempt to use any ticket to travel on any part of the railway or in any Corporation service except on the shortest route between the stations or places named on the ticket unless the ticket specifically authorises travel by any longer route; and no person having used a ticket for any part of the route for which it is issued shall afterwards use or attempt to use the ticket on any preceding part of the route.

Every member of the Legislature issued with a free pass shall produce it on request by the guard. Every such pass shall expire when the member to whom it is issued ceases to be a member of the Legislature from any cause and shall be delivered up as prescribed or required by the Corporation.

Fares shall be received and tickets issued conditionally on there being room in the Corporation service for all the passengers to whom tickets are issued. If there shall not be room for all such passengers, fares will, on application to the Corporation, be returned to the holders of tickets who are unable to travel.

Every person on arriving at the point to which the fare has been paid shall quit the Corporation service and no person shall proceed on a Corporation service beyond that point without previously paying the additional fare for the distance proposed to be travelled.

When any Corporation service, or carriage, or compartment, or seat, or berth in a Corporation service, has been reserved whether for any person or persons or any class or classes or body or bodies of persons or for Corporation purposes or for any other purpose whatever, any person other than the person or persons for whom the Corporation service, carriage, compartment, seat, or berth has been reserved, who shall enter or occupy any such reserved Corporation service, carriage, compartment, seat, or berth, shall immediately quit the same when requested to do so by the person or any of the persons for whom such reservation has been made, or by any Corporation employee. For the purposes of this regulation, the question of whether any such reservation as aforesaid has been made shall be one of fact only, to be determined by reference to any suitably written or printed notice or schedule or by an oral statement as to the reservation by any Corporation employee.

(1) When a Corporation service or a compartment therein contains the full number of passengers for whom there is accommodation, no additional person shall enter or remain therein if requested by any Corporation employee not to do so.

(2) No person shall stand in the vestibule or in the doorwell of a carriage if requested by any Corporation employee not to do so.

No person shall enter into or upon or quit or attempt to enter into or upon or quit any Corporation service while that service is in motion or is between stations or other stopping places.

No person shall, while wearing footwear, place his foot or feet upon any seat or any part of a seat in any Corporation service other than a footrest provided for the purpose.

No person shall take any dog or other animal into or upon any part of any Corporation service otherwise than for the purpose of transporting any dog or other animal in accordance with the provisions of the Corporation's general scale of charges:

provided that nothing herein shall prevent guide dogs properly muzzled and held in an approved harness by their owners from accompanying their blind owners in a Corporation service, subject to compliance by such blind owners with any reasonable conditions imposed by the Corporation.

No person shall remain in or upon the railway or any part thereof or in any Corporation service after having been requested by any Corporation employee or constable to depart, unless the person shall have lawful business thereon, or the person shall have been authorised to remain thereon.

No person, unless authorised or licensed by a traffic manager, shall go into or upon any Corporation service or other part of the railway for the purpose of touting or soliciting custom or employment of any description; and no person while in or upon any Corporation service or other part of the railway shall, unless duly authorised or licensed as aforesaid, tout or solicit custom or employment of any description.

No person shall smoke tobacco or other substance in any Corporation service or any part of that service or in or upon any other part of the railway, where smoking is specified to be prohibited by the general scale of charges or by notice exhibited in or on any Corporation service, or in or on any other part of the railway.

No person shall load or discharge firearms or carry loaded firearms in or upon or place them in or upon any Corporation service or in or upon any part of the railway; nor shall any person, except by permission of a Corporation employee duly authorised in that behalf take into or place in or upon the railway or in or upon any Corporation service, any flammable, explosive, or corrosive gas, spirit, liquid, substance, or matter, or any article or thing which is or may become dangerous to person or property.

(1) No person shall trespass on any part of a railway to which the public are not allowed access by law.

(2) It shall be the duty of the owner, and also of the person in charge of any animal, to prevent the animal from trespassing on any railway or on any part thereof; and if any animal is found so trespassing, the owner and also the person in charge thereof shall be severally liable for a breach of this regulation.

(3) The provisions of this regulation are in addition to, and not in substitution for, the provisions of the Trespass Act 1980.

Except with the permission of a duly authorised Corporation employee, no person shall remove any goods from the railway until all charges due to the Corporation in respect of the goods shall have been paid.

No person who is present on any part of the railway, or who is delivering or receiving goods or passengers to or from any part of the railway, or any siding connected therewith, or any building or place served by any siding connected therewith, shall obstruct or hinder the shunting or working of the railway or siding.

The owner or the person for the time being having charge of each loading dock, loading bay, loading bank, stage, platform, chute, gangway, crane, or other appliance used for or in connection with the receipt or delivery of goods or passengers to or from any part of the railway or any siding connected therewith or adjacent to any part of the railway or any siding connected therewith, shall place a person in control of the same, whose duty it shall be to prevent the loading dock, loading bay, loading bank, stage, platform, gangway, chute, crane, or other appliance, or any person or vehicle using the same, from obstructing or hindering the shunting or working of the railway or siding.

Timetables issued by the Corporation shall be subject to cancellation, suspension, or alteration at any time, and the Corporation shall not be liable for any loss, damage, or expense, arising from any such cancellation, suspension, or alteration.

Any person who finds any property in or upon any part of the railway including any vehicle thereon, or in any Corporation service shall immediately hand it over to the guard or to the Corporation employee for the time being in charge of the station at or nearest the place where it was found.

(1) No person shall operate on or over any bridge, or on or over any level crossing,—

• (a) any heavy vehicle if it is fitted with any tyre which is not pneumatic; or

• (b) any vehicle if it is fitted with any tyre having lugs, cleats, or similar projections; or

• (c) any vehicle if it is so constructed that any part of the vehicle other than the tyres, or so loaded that any part of its load, will come in contact with the deck of the bridge, or road surface, or railway lines, sleepers, or fastenings, as the case may be; or

• (d) any vehicle if it exceeds the weight limits allowed in terms of the Heavy Motor Vehicle Regulations 1974,—

unless permission in writing is first obtained from a District Railway Engineer, which permission may be given subject to such conditions as the District Railway Engineer thinks fit to impose. The permission shall be signed by the District Railway Engineer or by any member of his staff or other person authorised by him in that behalf and may apply to any particular trip or to any number of trips or to a specified period or periods and may at any time be revoked or amended by any District Railway Engineer.

(2) In subclause (1) the term tyre includes a self-laying track.

(3) Every person operating a vehicle under a permission given as aforesaid shall comply with all the conditions of the permission and the person driving the vehicle shall produce the permission when requested to do so by any authorised officer.

(4) No such permission shall prejudice the rights of the Corporation or the controlling authority appointed pursuant to any other Act to recover by legal process reimbursement for any damage done to the bridge during the trip or trips so permitted.

(1) The Chief Civil Engineer may from time to time, with respect to traffic using, or passing under, any bridge, fix—

• (a) the maximum weight for heavy vehicles:

• (b) the maximum portion of the weight of any heavy vehicle borne on any one axle or group of axles:

• (c) the maximum speed at which any vehicle may be operated on the bridge:

• (d) the maximum height of any vehicle or of its load.

(2) The weight limits or speed limit or height limit fixed with respect to traffic using any bridge shall become effective for the purposes of this regulation as soon as there shall be erected at each end of the bridge a sign indicating the weight limits or speed limit or height limit so fixed.

(3) The height limit fixed with respect to traffic passing under any bridge shall become effective for the purposes of this regulation as soon as there shall be erected at each side of the bridge a sign indicating the height limit fixed.

(4) No person shall—

• (a) operate on or over any bridge any heavy vehicle which exceeds the weight limits for the time being in force and fixed with respect to that bridge pursuant to this regulation; or

• (b) operate any vehicle on or over any bridge at a speed exceeding the speed limit for the time being in force and fixed with respect to that bridge pursuant to this regulation; or

• (c) operate on, over, or under any bridge any vehicle that itself or the load thereon exceeds the height limit for the time being in force and fixed with respect to that bridge pursuant to this regulation.

(5) For the purposes of this regulation the weight of a heavy vehicle shall be deemed to include the weight of any trailer drawn by the heavy vehicle.

(6) The following provisions shall apply with respect to every such sign which may be in the form of diagram No 4 in Schedule 4 of the Heavy Motor Vehicle Regulations 1974 in addition to the foregoing provisions of this regulation:

• (a) panel 1 of the sign may show the words “Class II”, in which case the weight limits which apply to individual axles on Class II roads shall apply on the bridge. Alternatively panel 1 of the sign may show a weight in kilograms in which case the weight shown shall be the weight limit on any one axle on the bridge. If no special axle weight limits are determined, the word “Axles” and panel 1 may be omitted from the sign, and its height may be reduced accordingly:

• (b) panel 2 of the sign may show any of the figures “30”, “40”, “50”, “60”, “70”, “80” or “90” followed by “% of Class I,” in which case the maximum sum of any 2 or more adjacent axles shall not exceed the stated percentage of the sum of axle weights allowed on Class I roads by tables No 2 and No 3 in Schedule 2 of the Heavy Motor Vehicle Regulations 1974. Alternatively panel 2 of the sign may show a weight in kilograms in which case the weight shown shall be the gross weight limit of any heavy motor vehicle on the bridge. If no special gross weight limits are fixed the word “Gross” and panel 2 may be omitted from the sign, and its height may be reduced accordingly:

• (c) panel 3 of the sign shall show the maximum speed limit for heavy motor vehicles in kilometres per hour. If no special speed limit is determined for heavy motor vehicles the word “Speed” may be omitted from the sign and its height may be reduced accordingly.

(7) Notwithstanding anything in the foregoing provisions of this regulation, a District Railway Engineer may give written permission for any specified vehicle, being a vehicle the weight of which (whether laden or unladen) exceeds the weight limits fixed with respect to any bridge, to be taken on to or over that bridge subject to such conditions as the District Railway Engineer thinks fit to impose. The permission shall be signed by the District Railway Engineer or by any member of his staff or other person authorised by him in that behalf and may apply to any particular trip or to any number of trips or to a specified period or specified periods and may, at any time, be revoked or amended by any District Railway Engineer.

(8) No such permission shall prejudice the rights of the Corporation or the controlling authority appointed pursuant to any other Act to recover by legal process reimbursement for any damage done to the bridge during the trip or trips so permitted.

(9) In any prosecution for a breach of this regulation it shall be sufficient evidence that the weight limits or speed limit or height 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 the weight limits, or speed limit, or height limit, or any of them, were in position at each end of the bridge, or at each side of the bridge, as the case may be.

(10) Every person operating a vehicle under a permission given as aforesaid shall comply with all the conditions of the permission and no person shall operate the vehicle unless the permission is carried therein. The person driving the vehicle shall produce the permission when requested to do so by any authorised officer.

(1) Notwithstanding anything in the foregoing provisions of this Part, no person shall operate on or over any bridge, or on or over any level crossing,—

• (a) any tracked vehicle or other vehicle of which any tyre is solid but no tyre is metal, at a speed exceeding 15 kilometres an hour:

• (b) any vehicle of which any tyre is metal at a speed exceeding 10 kilometres per hour.

(2) In any case in which the maximum speed fixed so as to apply to any such vehicle by the Chief Civil Engineer for any bridge is greater than the speed specified by subclause (1), the maximum speed of that vehicle for that bridge shall be that specified by subclause (1).

(1) Every person about to operate on any combined bridge any vehicle that itself or the load whereon exceeds 2.5 metres in width shall—

• (a) in the case of a combined bridge at which any railway employee is for the time being engaged in controlling traffic thereon, notify the employee of the width of the vehicle or its load and shall cross the combined bridge only when permission has been given by the employee:

• (b) in the case of a combined bridge at which no such employee is for the time being so employed, take all necessary precautions against the possibility of collision with other traffic and of damage to the combined bridge:

  provided that no person shall operate on any such combined bridge any vehicle that itself, or together with the load that it is for the time being carrying, exceeds 3.3 metres in width; unless permission in writing is first obtained from a District Railway Engineer, which permission may be given subject to such conditions as the District Railway Engineer thinks fit to impose. The permission shall be signed by the District Railway Engineer or by some member of his staff or other person authorised by him in that behalf, and may apply to any particular trip or to any number of trips or to a specified period or periods, and may at any time be revoked or amended by any District Railway Engineer.

(2) Every person operating a vehicle as aforesaid shall comply with all the conditions of the permission and no person shall operate the vehicle unless the permission is carried therein. The person driving the vehicle shall produce the permission when requested to do so by any authorised officer.

No person whether on foot or driving or riding any vehicle or animal, shall enter on or cross over or attempt to enter on or cross over any combined bridge when there is any risk of the person, vehicle, or animal being involved in a collision with any opposing road traffic:

provided that there shall be deemed to be no risk of collision by reason only of the fact that a person whether on foot or driving or riding a vehicle or animal enters on a combined bridge occupied by opposing road traffic if the bridge is equipped with passing bays and the opposing traffic has, at the time when the person enters on the bridge, still to reach at least 1 of the passing bays on the bridge.

Rail traffic shall at all times be entitled to the right of way on combined bridges; and for the purpose of allowing free passage to any such traffic, every person driving or riding or in charge of any vehicle or animal on any such bridge shall immediately remove the vehicle or animal from the bridge when and in the manner directed by any authorised officer.

(1) The Corporation may require or cause to be erected at any crossing made pursuant to section 169 of the Public Works Act 1981 or granted pursuant to section 35 of the Act, such notices and warning devices as it considers necessary for the protection of persons using the crossing.

(2) It shall be the duty of every person driving a motor vehicle when approaching or crossing a level crossing or elsewhere on a railway to keep a vigilant look out for any approaching locomotive, railcar, carriage, wagon, or other vehicle using the railway line.

(3) The Corporation shall not be liable in respect of any accident that may occur by reason of any failure of any such warning device.

(1) No person shall drive or lead or attempt to drive or lead any cow, horse, sheep, or other similarly large animal, or drive or attempt to drive any vehicle including a cycle, or a motorcycle, on to any platform at which Corporation services arrive or from which such services depart, except for the purpose of loading or unloading the animal or vehicle into or from a Corporation vehicle.

(2) No person shall ride or attempt to ride any animal or cycle, or motorcycle on to or upon any such platform for any purpose whatever.

No person shall ride or drive or attempt to ride or drive any vehicle, including a cycle, or a motorcycle, or ride or drive or lead or attempt to ride or drive or lead any cow or horse or sheep or similar large animal, on to or over any footbridge or into or through any pedestrian subway whether or not there shall be displayed a notice indicating that the footbridge or pedestrian subway shall be used for pedestrian traffic only.

Every person operating or about to operate any vehicle in or upon any railway approach road shall at all times obey the orders of any authorised officer, and every such person shall immediately remove any such vehicle to such part of the railway as he may be directed, and shall, if so directed, remove any such vehicle altogether from the railway.

Unless otherwise directed by an authorised officer, every person operating or about to operate any vehicle in or upon any railway approach road shall comply with all notices, traffic signs, and markings, maintained or exhibited on or about the approach road for the control or guidance of vehicular traffic, and in particular shall—

• (a) where an entrance to any railway approach road is indicated by any such notice, traffic sign, or marking, enter upon the railway approach road only by that entrance; and

• (b) where an exit from any railway approach road is indicated by any such notice, traffic sign, or marking, depart from the railway approach road only by that exit; and

• (c) stop, stand, or park the vehicle only upon a stand set apart for the particular class of vehicle as indicated by any such notice, traffic sign, or marking.

Any railway approach road may be closed to vehicular traffic during such period or periods or for such time as may from time to time be determined by the traffic manager, and no person shall operate any vehicle upon any such approach road during any such period. The fact that a notice, traffic sign, or marking indicating the periods during which the railway approach road will be closed to vehicular traffic is exhibited at or near the entrance to the railway approach road, or that any authorised officer shall direct the operator of any vehicle not to enter on the railway approach road, shall be sufficient evidence that the railway approach road has been closed to vehicular traffic pursuant to this regulation. Nothing in this regulation shall be deemed to require the exhibition of any notice, traffic sign, or marking as is mentioned in this paragraph; nor shall the fact that any notice, traffic sign, or marking is exhibited be a bar to the closing of the railway approach road during any longer period than is shown on the notice, traffic sign, or marking, or during any other period or periods.

The orders and regulations specified in the Schedule are hereby revoked.