Bylaw 2010: Part 5 Speed Limits
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Part Part 5 Speed Limits The purpose of this part of the bylaw is to allow the Council to set speed limits by resolution on all roads under its ownership or control and in certain designated locations specified in the bylaw. (ECM 924234) 1. Authority 1.1 This part is made under: a) Section 22AB of the Land Transport Act 1998; and. b) Land Transport Rule: Setting of Speed Limits 2017. 2. Purpose 2.1 The purpose of this part of the bylaw is to allow the Council to set speed limits by resolution on all roads under its ownership or control and in certain designated locations specified in the bylaw. 3. Application of this part 3.1 This part applies to all roads for which the New Plymouth District Council is the road controlling authority and includes all roads under the ownership or control of the Council. 4. Interpretation 4.1 This part shall be in addition to the provisions of Part 1 Introductory of the New Plymouth District Bylaw 2008 and if this part is inconsistent with Part 1 Introductory then the provisions of this part shall prevail. 4.2 In this part unless the context otherwise requires: Definitions Bylaw speed limit means a speed limit for vehicle traffic saved or set by or under this bylaw. Road has the same meaning as in Part 2 of the Rule, but does not include any State Highways within the district. Road Controlling Authority has the same meaning as in Part 2 of the Rule. Rule means the Land Transport Rule: Setting of Speed Limits 2017. Speed limit has the same meaning as in Part 2 of the Rule. Vehicle has the same meaning as in section 2(1) of the Land Transport Act 1998. 5. Bylaw speed limits 5.1 The Council may, by resolution, set speed limits and designate urban traffic areas for any roads under the Council's jurisdiction. 5.2 The Council may, by resolution, set speed limits for any roads under the Council’s jurisdiction in any of the following designated locations: a) Car park. b) Educational or scientific facility. c) Commercial or industrial facility. d) Health facility. e) Residential facility. SPEED LIMITS 1 f) Marae land. g) Camping ground. h) Sports facility or other recreation area. i) Botanical garden. j) Cultural reserve. k) Port or wharf area. l) Airport. m) Beach n) Cemetery. o) Facility operated by the New Zealand Defence Forces. p) Facility operated by the Department of Corrections. q) Any other location approved by the New Zealand Transport Agency by notice in the Gazette. 5.3 The Council may, by resolution, amend or revoke a resolution made under clauses 5.1 or 5.2 of this bylaw. 6. Consultation 6.1 If the Council chooses to create, amend or alter any bylaw speed limit by way of resolution under clauses 5.1 or 5.2 of this bylaw, the consultation process in sections 2.5, 2.6 and 8.1(3) of the Rule, as the case may be, must be followed. 7. Offences 7.1 Every person commits an offence against this bylaw who operates a vehicle in excess of the bylaw speed limits set by this bylaw. Offences, penalties and fees relating to infringement of speed limits are provided for in the relevant provisions of the Land Transport Act 1998. These do not change as a result of this bylaw. 8. Register of speed limits and savings 8.1 The Council shall maintain a Register of Speed Limits, which will include all designated urban traffic areas and speed limits as set by Council resolution. 8.2 Nothing in this bylaw affects any speed limit already set, or any urban traffic area already designated, or any speed limit previously saved, and those speed limits and urban traffic areas continue to apply unless the Council alters or revokes the speed limit or urban traffic areas in accordance with this bylaw and the Rule. 8.3 The revocation of Part 21 of the New Plymouth District Consolidated Bylaw 2000 does not prevent any legal proceedings being taken in relation to any speed limits set under that Part and such proceedings continue to be dealt with and completed as if that Part had not been revoked. 8.4 To avoid any doubt, nothing in this bylaw limits the application of the Rule. 2 New Plymouth District Council Bylaw 2010 All roads under the New Plymouth District Council’s jurisdiction have enforceable speed limits in accordance with Part 5 (Speed Limits) of the New Plymouth District Council Bylaw 2010. This register records these speed limits. The bylaw allows the New Plymouth District Council to set or change the enforceable speed limits on roads under its jurisdiction. It does not however allow the Council to set or change the enforceable speed limits on New Zealand Transport Agency (State Highways) roads or other privately owned roads within the Council’s boundary. Designated Urban Traffic Areas The Council can formally resolve built up areas as Designated Urban Traffic Areas. The Council can formally resolve that built up areas are to be Designated Urban Traffic Areas. The default speed limit on the roads within these Designated Urban Traffic Areas is 50 km/h. Designated Urban Traffic Areas are listed in Schedule 5 of the Register. Roads within the Urban Traffic Areas can have a speed limit other than 50 km/h and these limits are set by Council resolution. A speed limit sign is then installed, and the road is recorded in this register and maps. Speed limits on roads outside the Designated Urban Traffic Areas are automatically 100 km/h, unless the Council has set a different speed limit by Council resolution. These different speed limits are made known by installing speed limit signs, and are then recorded in this register and maps. 2 REGISTER OF SPEED LIMITS SCHEDULE 1 Roads that have a speed limit of 10 km/h The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 10 km/h. Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit is set REGISTER OF SPEED LIMITS 3 SCHEDULE 2 Roads that have a speed limit of 20 km/h The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 20 km/h. Ref. No. Description of Speed Limit Date of Speed Limit Legal Instrument Previous Legal Instrument Map Number Enactment under which Speed Limit was set 4 REGISTER OF SPEED LIMITS SCHEDULE 3 Roads that have a speed limit of 30 km/h The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 30 km/h. Map Enactment under Ref. Date of Previous Legal Description of Speed Limit Legal Instrument Number which Speed Limit No. Speed Limit Instrument was set New Plymouth CBD catchment 1 July 2012 Council Resolution Land Transport Rule The following north/south streets: 24 April 2012 Setting of Speed Limits 2003 - Queen Street, entire length - Egmont Street, entire length - Robe Street, from Powderham Street to Devon Street West - Brougham Street, from Powderham Street to Ariki Street - Currie Street, entire length - Liardet Street, from St Aubyn Street/Molesworth Street to Courtenay Street - Gover Street, from Molesworth Street to Courtenay Street and the following east/west streets: - Devon Street West, from Currie Street to Queen Street - Devon Street East, from Currie Street to Gover Street - King Street, from Queen Street to Brougham Street - Ariki Street, entire length - Gill Street, from Currie Street to Gover Street St Aubyn Street, Molesworth Street (State Highway 44) and Powderham Street/Courtenay Street (State Highway 45) are excluded from the speed reduction zone and form the boundaries of the zone Holloway Road, Omata – from South Road (SH45), extending west for a 8 December Council Resolution Land Transport Rule distance of 190m and terminating at Waireka Road East 2020 27 October 2020 Setting of Speed Limits 2017 (reliant upon s22(2) Interpretation Act 1999) REGISTER OF SPEED LIMITS 5 SCHEDULE 4 Roads that have a speed limit of 40 km/h The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to have a speed limit of 40 km/h. Map Enactment under Ref. Date of Previous Legal Description of Speed Limit Legal Instrument Number which Speed Limit No. Speed Limit Instrument was set Waireka Road East, Omata – from South Road (SH 45), extending south for 8 December Council Resolution Land Transport Rule a distance of 560m and terminating at the end of Waireka Road East 2020 27 October 2020 Setting of Speed Limits 2017 (reliant upon s22(2) Interpretation Act 1999) . 6 REGISTER OF SPEED LIMITS SCHEDULE 5 Urban traffic areas - roads that have a speed limit of 50 km/h The roads or areas described in this schedule or as shown on a plan referenced in this schedule are declared to be urban traffic areas that have a speed limit of 50 km/h. Previous Map Enactment under which Ref. Date of Description of Speed Limit Legal Instrument Legal Number Speed Limit was set No. Speed Limit Instrument S4/01 New Plymouth City (including Bell Block) - All New Plymouth District dd/mm/yy New Plymouth New Zealand LTO332/ 1B Land Transport Rule Council roads within the area marked on the map entitled “Speed District Council Gazette and LT0332/ Setting of Speed Limits Restrictions New Plymouth City (incl.