Part 12 Traffic and Speed limits.

Part 12 Traffic and Speed limits www.whakatane.govt.nz

WDC Bylaw 2007 Traffic and PART 12 TRAFFIC AND SPEED LIMITS Date made: 29 April 2009 Commencement: 1 June 2009 Amendments: 29 July 2010 (new speed limits) Amendments: 16 March 2011 EXPLANATORY NOTE The purpose of Part 12 Traffic and is to set the requirements for parking and control of vehicular and other traffic on all roads under the control or ownership of the. Part 12 Trafiic and is made pursuant to section 591A and 684 of the Local Government Act 1974, section 145 and 146 of the Local Government Act 2002, section 72 of the Transport Act 1962, the Land Transport (Road User Rule) 2004, the Land Transport Rule: Traffic Control Devices 2004 and the Land Transport Rule: Setting of 2003. Part is divided into seven parts. Part one Interpretation; Part two contains provisions relating to the parking of vehicles and parking fees. Part three contains provisions relating to traffic control. Part four contains provisions relating to other traffic matters, such as the use of engine brakes in urban areas and the sale of goods and services at intersections. Part five sets out the speed limits for roads in the. Part six sets out the offences and penalties for breaches of this Part of the Bylaw. Part seven sets out the exemptions that apply to this Part of the Bylaw. The provisions of this Part of the Bylaw are in addition to other parking and traffic provisions contained in relevant legislation and regulations. A209128 2

WDC Bylaw 2007 Traffic and CONTENTS PART ONE INTERPRETATION 12.1 Interpretation PART TWO PARKING 12.2 General Matters 12.3 Parking and Other Matters 12.4 Stopping Places for Special Vehicles 12.5 Loading Zones 12.6 Disabled Persons Parking Places Reserved 12.7 Obstruction of Traffic 12.8 Charges for Parking 12.9 Parking Fee to be Paid 12.10 Heavy Motor Vehicle Parking PART THREE TRAFFIC 12.11 One Way Roads 12.12 Road Works 12.13 Damage to Signs 12.14 Heavy Traffic Restrictions 12.15 Bus Routes 12.16 Temporary Restrictions on the Use of Roads PART FOUR OTHER MATTERS 12.17 Use of Engine Brakes 12.18 Selling of Goods and Services at Intersections 12.19 Displaying vehicles on Roads 12.20 Temporary Stands 12.21 Authentification of Notices A209128 3

WDC Bylaw 2007 Traffic and 12.22 Service on PART FIVE SPEED LIMITS 12.23 12.24 Urban Traffic Areas 12.25 Validation of PART SIX OFFENCES AND PENALTIES 12.26 Offences and Penalties PART SEVEN EXEMPTIONS 12.27 Exemptions FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE One Way Roads Traffic and Heavy Through Traffic Prohibition Fines (attached to the bylaw for information purposes only) A209128 4

WDC Bylaw 2007 Traffic and PART 12 TRAFFIC AND SPEED LIMITS PART ONE INTREPRETATION 12.1 INTERPRETATION 12.1.1 Road has the same meaning as in the Local Government Act 1974 and does not include any State Highways controlled by the New Zealand Transport Agency within the. Road is defined in the Local Government Act 1974 as the whole of any land which is within a district, and which: (a) Immediately before the commencement of this Part of this Act was a road or street or public highway; or (b) Immediately before the inclusion of any area in the district was a public highway within that area; or (c) Is laid out by the council as a road or street after the commencement of this Part of this Act; or (d) Is vested in the council for the purpose of a road as shown on a deposited survey plan; or (e) Is vested in the council as a road or street pursuant to any other enactment; and includes (f) Except where elsewhere provided in this Part of this Act, any access way or service lane which before the commencement of this Part of this Act was under the control of any council [or is laid out or constructed by or vested in any council as an access way or service lane] or is declared [] by the Minister of Works and Development as an access way or service lane after the commencement of this Part of this Act [or is declared by the Minister of Lands as an access way or service lane on or after the 1st day of April 1988]: (g) Every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof; but, except as provided in the [[Transit New Zealand Act 1989]] or in any regulations under that Act, does not include a motorway within the meaning of that Act [or the Government Roading Powers Act 1989]: A209128 5

WDC Bylaw 2007 Traffic and 12.1.2 Speed Limit has the same meaning as in the Land Transport Rule: Setting of 2003 and means: (a) (b) (c) the maximum speed at which a vehicle may legally be operated on a particular road, but does not mean the maximum permitted operating speed for classes or types of vehicle specified in any Act, regulation or rule; for a mimimum speed limit, the minimum speed at which a vehicle may be operated in a specified lane of a road; an urban, rural, permanent, holiday, temporary, variable or minimum speed limit. 12.1.3 Urban Traffic Area has the same meaning as in the Land Transport Rule: Setting of Speed Limits 2003 and means an area designated under this rule that consists of one or more specified roads or a specified geographical area, to which the urban speed limit generally applies. 12.1.4 Urban Speed Limit is defined as 70km/h or less PART TWO PARKING AND OTHER MATTERS 12.2 GENERAL MATTERS 12.2.1 The may by publicly notified resolution: (a) (b) (c) (d) (e) (f) (g) (h) prohibit or restrict the stopping, standing or parking of a vehicle of any specified class or description on any road; or Limit the stopping, standing or parking of a vehicle on a road to vehicles of a specified class or description; or Limit the period of time that a vehicle may park on any part of a road where stopping, standing or parking is limited to such vehicles; or Nominate intersections where give way or stop signs shall be erected; or Prohibit U-turns or the turning of any vehicle across the centre line, except to turn into a side street where the traffic sign or marking indicates no U-turns on roads; or Set aside roads or any portion of a road for angle parking; or Prescribe the fines for offences under this clause; or Install and operate pay and display machines. 12.2.2 Any such resolution referred to in clause 12.2.1 may apply to a specified class, type, weight or description of vehicle, and may be expressed or limited to apply only on specified days, or times, or in respect of specified events or classes of events, or be limited to specified maximum periods of time. A209128 6

WDC Bylaw 2007 Traffic and 12.2.3 The may mark such roads and/or erect signs on any road, as necessary to give effect to any resolution made pursuant to clause 12.2.1. Where roads are marked to indicate parking restrictions (for example, in the case of angle parking) vehicles must park within the road markings as indicated. 12.2.4 The may be publicly notified resolution rescind, amend or vary any resolution made under clause 12.2.1. 12.3 PARKING 12.3.1 No person shall stop, stand, or park a vehicle on any road in contravention of a restriction imposed by the and evidenced by appropriate signs and/or road marks. 12.3.2 Notwithstanding the provisions of clause 12.3.1 any authorised officer may subject to any conditions that may be required (which may include the payment of a prescribed fee), authorise the stopping, standing or parking of specified vehicles. 12.3.3 No person shall be deemed to have committed an offence against clause 12.3.1 if he or she displays in his or her vehicle a parking exemption permit issued by an authorised officer in accordance with the 's policy. 12.4 STOPPING PLACES FOR SPECIAL VEHICLES 12.4.1 The may by publicly notifed resolution reserve and mark out any part of a road as a stopping place or a stand for passenger service vehicles or for any other specified class of vehicle. 12.5 LOADING ZONES 12.5.1 The may by publicly notifed resolution reserve and mark out any part of a road as a loading zone. 12.5.2 In any such resolution the may: (a) limit the period of time that a vehicle may remain parked in a loading zone; and (b) prohibit, restrict or limit the stopping, standing or parking of vehicles other than goods service vehicles in a loading zone. A209128 7

WDC Bylaw 2007 Traffic and 12.6 DISABLED PERSON PARKING PLACES RESERVED 12.6.1 The may by publicly notified resolution reserve any part of a road as a parking place for use only by any disabled person as defined in section 2 of the Disabled Persons Community Welfare Act 1975, whether that person is a passenger in, or the driver of the vehicle. 12.6.2 Under any resolution made under clause 12.6.1, the may restrict the stopping, standing or parking of a vehicle in parking places so reserved to holders of a mobility parking permit in accordance with the conditions of issue. 12.6.3 No driver shall cause or permit a vehicle to be parked on any part of a road in contravention of a resolution under clause 12.6.1 of this Part of the Bylaw. 12.7 OBSTRUCTION OF TRAFFIC 12.7.1 No person shall stop, stand or park a vehicle on a road or any public place so as to cause an obstruction. 12.7.2 Except with the prior written permission of the or an authorised officer, and in accordance with any conditions that may be required, no person shall park a vehicle on a road or other land under the control or ownership of the, for any period exceeding 7 days, if that vehicle has no effective motor power in or attached to it, or cannot be driven safely. For the purposes of this clause, vehicle includes boats, trailers, caravans, and the shell or hulk of a vehicle. 12.7.3 The owner or person in charge of any vehicle which is standing on any road, whether attended or unattended, shall upon the request of an authorised officer move such vehicle for the purpose of facilitating traffic flow or preventing any obstruction on any road. 12.7.4 If the owner or person in charge of the vehicle referred to in clause 12.7.1, 12.7.2 and 12.7.3 cannot be located or refuses the request to move the vehicle, the may take such reasonable steps as it considers appropriate to remove the vehicle from the road and may recover the costs of doing so. 12.8 CHARGES FOR PARKING 12.8.1 The may by publicly notified resolution declare any road or part of a road, where charges may be made for parking and may prescribe the method of payment to be adopted. 12.8.2 Any resolution made by the in clause 12.8.1 may be amended or rescinded by a further resolution of the. 12.8.3 The boundaries of areas where there are charges for parking shall be indicated by signs. 12.8.4 The fines for parking offences will be set by the as part of the Annual Plan process, in accordance with the relevant statutory provisons. 12.9 PARKING FEE TO BE PAID A209128 8

WDC Bylaw 2007 Traffic and 12.9.1 No person in charge of a vehicle shall park in a metered or pay and display space without having paid the appropriate fee and where required correctly activiated the parking meter or pay and display machine controlling the space. 12.9.2 Where a vehicle is parked on a space controlled by a pay and display machine, a valid receipt issued by the pay and display machine shall be placed on the dashboard at the front of the vehicle in a manner which will allow the expiry time to be seen by an authorised officer from outside the vehicle. 12.9.3 Where parking fees are to be paid no person shall deposit any coins other than New Zealand currency. Payment may also be made by any other means indicated by signs attached to the pay and display machines or any other payment device. 12.9.4 The hours during which parking fees shall be paid shall be prescribed by the by publicy notified resolution and shall be indicated by signs. 12.9.5 Every person commits an offence against this Part of the Bylaw who damages or intereferes with any payment device or attempts to damage or interferes with any payment device or who without authority affixes or attempts to fix any placard, advertisement or sign upon any payment device or writes, draws upon or disfigures any payment device. 12.10 HEAVY MOTOR VEHICLE PARKING 12.10.1 The may by publicly notified resolution, prescribe the roads or any portion of a road in which the parking of Heavy Motor Vehicles or a vehicle that is fitted with a flat deck or tray for the carriage of goods (whether or not it is equipped with side boards and tailboards) are to be regulated. 12.10.2 The may by publicly notified resolution rescind, amend or vary any resolution made pursuant to Clause 12.10.1. 12.10.3 Except with the prior permission of the or an authorised officer, and in accordance with any conditions that may be required, a person shall not stop, stand or park a Heavy Motor Vehicle or vehicle on a grass verge or berm flower bed or shrubbery laid out on any road or on land vested in or under the control of, or on a median strip or traffic island. 12.10.4 Notwithstanding the provisions of clause 12.10.3 any authorised officer may subject to any conditions that may be required (which may include the payment of a prescribed fee), authorise the stopping, standing or parking of specified vehicles. 12.10.5 No person shall be deemed to have committed an offence against clause 12.10.3. if he or she displays in his or her vehicle a parking exemption permit issued by an authorised officer in accordance with the 's policy. 12.10.6 A driver must not park or leave a motor vehicle on any roadway during the hours of darkness unless (a) it is illuminated from an artificial source so that it is visible; or A209128 9

WDC Bylaw 2007 Traffic and (b) it displays light from the rearward-facing position lamp or, if 2 rearward-facing position lamps are fitted, from both rearward-facing position lamps, and from either the forward-facing position lamp or dipped-beam headlamp on the side of the vehicle that is closest to the middle of the road. 12.10.7 A driver must not park or leave any goods vehicle that is a Heavy Motor Vehicle or a vehicle fitted with a flat deck or tray for the carriage of goods (whether or not it is equipped with sideboards or tail boards) on any roadway during the hours of darkness unless it displays a rearward-facing position lamp that is visible. PART THREE TRAFFIC 12.11 ONE WAY ROADS 12.11.1 The may by publicly notified resolution designate a road to be a one way road. 12.11.2 The roads listed in the First Schedule of this Part of the Bylaw as One Way Roads are authorised under clause 12.11.1. 12.12 ROAD WORKS 12.12.1 Without limiting the Land Transport (Road User Rule) 2004 any vehicle being used for the purpose of maintenance or construction of roading, or of any other utility, may be driven or parked contrary to this Part of the Bylaw with permission of an authorised officer, provided it is parked or driven with due consideration of other road users and in compliance with the conditions of any traffic management plan approved for those works. 12.12.2 No person shall carry out work within the road reserve without the prior approval of the. 12.12.3 will within the road reserve, stop work being carried out in an unsafe manner. 12.12.4 may require the payment of a Footpath Deposit where works are proposed within the road reserve or across footpaths to ensure that assets are protected from damage arising from works being repaired. The Footpath Deposit shall be refunded at the completion of the works, following an inspection, less any deductions necessary to cover damage to assets. 12.13 DAMAGE TO SIGNS 12.13.1 No person shall interfere with, damage or remove any traffic control sign. A209128 10

WDC Bylaw 2007 Traffic and 12.14 HEAVY TRAFFIC RESTRICTIONS 12.14.1 No person driving or in charge of any Heavy Motor Vehicle shall drive or allow such Heavy Motor Vehicle to be driven along those roads referred to in the Third Schedule of this Part of the Bylaw, when alternative access is available for the purpose, except: (a) (b) (c) (d) (e) (f) (g) where the place of business of the owner of such Heavy Motor Vehicle is located along one of those roads referred to in the Third Schedule (and the vehicle is travelling along that road) OR driving along those roads listed in the Third Schedule is necessary for the purpose of driving to the place of business of the owner of the Heavy Motor Vehicle, and/or where the domicile of the driver or operator of such Heavy Motor Vehicle is located along one of those roads referred to in the Third Schedule (and the vehicle is travelling along that road) OR driving along those roads referred to in the Third Schedule is necessary for the purpose of driving to the domicile of the driver or operator of the Heavy Motor Vehicle, and/or in connection with the delivery or collection of passengers or goods to an address on those roads referred to in the Third Schedule, when alternative access is not available for this purpose, and/or in connection with the provision of services to an address on those roads referred to in the Third Schedule, when alternative access is not available for this purpose, and/or in connection with the essential maintenance of such Heavy Motor Vehicle, and/or pursuant to any lawful requirement with which the driver of such Heavy Motor Vehicle must comply pursuant to any legislative provision for the time being in force relating to the hours of driving of heavy motor vehicles; in connection with any other purpose approved in writing by the, or, if required by law, by publicly notified resolution; provided that any use of the roads within the District specified in the Third Schedule of this Part of the Bylaw shall be to the least extent necessary for the permitted purpose. 12.14.2 Clause 12.14.1 does not apply to: (a) (b) (c) (d) any ambulance, fire service vehicle or other emergency vehicle; campervans or passenger vehicles such as buses; vehicles towing watercraft for delivery to or from the District; a vehicle of a network utility operator or its authorised agent or contractor engaged in the provision of, or maintenance of a network utility operation; A209128 11

WDC Bylaw 2007 Traffic and (e) (f) a vehicle carrying an overweight/size load with a permit to do so issued by the in accordance with any statutory or regulatory authority vested in or delegated to the ; or any other class of vehicle that may specify from time to time in writing, or, if required by law, by resolution publicly notified. 12.15 BUS ROUTES 12.15.1 The may by publicly notified resolution decide and direct the road or roads on which passenger service vehicles shall travel in the course of service in the District. 12.15.2 The may by resolution publicly notified rescind, amend or vary any resolution made pursuant to clause 12.15.1. 12.16 TEMPORARY RESTRICTIONS ON THE USE OF ROADS 12.16.1 Where an authorised officer considers that there is, or is likely to arise at any place on a road under the control of the a temporary risk of: (a) (b) danger to the public or to road workers; or damage to the road; the authorised officer may temporarily restrict the use of, or speed of, or class of vehicles which may use any part of that road. Any such restriction shall be defined by the display of temporary warning signs. PART FOUR OTHER MATTERS 12.17 USE OF ENGINE BRAKES 12.17.1 No person shall at any time operate or cause or permit to be operated a "Jacob's engine brake" or similar device on any urban road, with the following exceptions: (a) (b) Ohope Road between the intersection with Pohutukawa Avenue and the intersection with Cliff Road; Mokorua Gorge Road between the intersection with Valley Road and the intersection with Bridger Glade. 12.18 SELLING OF GOODS AND SERVICES AT INTERSECTIONS 12.18.1 Except with the prior written permission of the or an authorised officer and in accordance with any conditions that may be required, no person shall, within 100 metres of an intersection on any of its approaches: (a) wash or clean the windows of any vehicles for payment or donation; or A209128 12

WDC Bylaw 2007 Traffic and (b) (c) solicit any subscription, collection or donation; or use the intersection area for the purposes of selling or offering any goods or services of any kind. 12.19 DISPLAYING VEHICLES ON ROADS 12.19.1 No person or business shall use any road or any other public place for the keeping, placing or parking of vehicles for sale, exhibition, demonstration or storage, unless the prior written permission of the or an authorised officer is obtained. 12.20 TEMPORARY STANDS 12.20.1 In all cases where no public stands are appointed by this Part of the Bylaw, an Authorised Officer shall have the power, in cases of necessity, to appoint a temporary stand, and the driver of any passenger service vehicle shall use the same in accordance with the instructions of any Authorised Officer. 12.21 AUTHENTICATION OF NOTICES 12.21.1 Any notice required to be sent out or signed by or on behalf of the may be sent or signed by the Mayor, Chief Executive or any officer acting under delegated authority. 12.22 SERVICE ON COUNCIL 12.22.1 Any application or notice which is required to be served upon or delivered to the may be delivered at the office of the addressed to the, the Mayor or the Chief Executive. PART FIVE SPEED LIMITS 12.23 SPEED LIMITS 12.23.1 The roads or roads described in the Second Schedule of this Part of the Bylaw ( Schedule of Speed Limits ) and shown on the plans referred to in the Second Schedule are declared to have the speed limits as specified in the Second Schedule or plans. 12.24 URBAN TRAFFIC AREAS 12.24.1 The roads or roads within the areas identified in the Second Schedule of this Part of the Bylaw ( Schedule of ) and as shown on the plans referred to in the Second Schedule as having a 70 km/hour or less speed limit, are designated as urban traffic areas. 12.25 VALIDATION OF SPEED LIMITS A209128 13

WDC Bylaw 2007 Traffic and 12.25.1 Any speed limits identified in the Second Schedule of this Part of the Bylaw ( Schedule of Speed Limits ) and as shown on the plans referred to in the Second Schedule (other than 50 km/hour on roads within a designated urban traffic area and 100 km/hour on roads within a rural area), are validated. PART SIX OFFENCES AND PENALTIES 12.26 OFFENCES AND PENALITES 12.26.1 Any person who does or omits, or causes to be done or ommitted, any act contrary to any of the provisions of this Part of the Bylaw committs an offence and shall be liable, on summary conviciton to the penalty set out in section 242(4) of the Local Government Act 2002 (being a fine not exceeding $20,000). 12.26.2 Any person who committs an offence against any of the provisons set out in Part Two of this Bylaw may either be subject to the penalty set out in clause 12.26.1 or be subject to the penalties set out in Part 1 of Schedule 1B of the Land Transport (Offences and Penalites) Regulations 1999. 12.26.3 Any person who committs an offence against any of the provisions set out in Part Three of this Bylaw may either be subject to the the penalty set out in clause 12.26.1 or be subject to the penalties set out in section 72 of the Transport Act 1962 and section 139 of the Land Transport Act 1998. 12.26.4 In addition to clause 12.26.1, 12.26.2 and 12.26.3, The Land Transport (Road User) Rule 2004 creates a number of offences in relation to the stopping, standing, parking and operation of vehicles on the roads. 12.26.5 Offences, penalties and fees relating to the infringement of speed limits are provided for in the relevant provisons of the Land Transport Act 1998 and the Transport Act 1962. These do not change as a result of this Part of the Bylaw. 12.26.6 The fines for parking offences are listed in the Fourth Schedule which is attached for information purposes only. The Fourth Schedule does not form part of the bylaw. PART SEVEN EXCEPTIONS 12.27 EXCEPTIONS 12.27.1 The exceptions to this bylaw are set out in the Land Transport (Road User) Rule 2004 and are repeated here for ease of reference. General exceptions (1) A person is not in breach of this Part of the Bylaw if that person proves that: (a) the act or omission complained of took place in response to a situation on a road; and (b) the situation was not of the person s own making; and (c) the act or omission was taken - (i) to avoid the death or injury of a person; or A209128 14

WDC Bylaw 2007 Traffic and (ii) if the act or omission did not create a risk of death or injury or greater damage to any property, to avoid damage to any property. (2) Subclause 1 does not apply if a court is considering, in proceedings for an offence specified in the Land Transport Act 1998, whether or not a person had complied with this rule. (3) A person is not in breach of this Part of the Bylaw if that person proves that the act or omission complained of (a) (b) took place in compliance with the directions of an enforcement officer, a parking warden, a traffic signal, or a traffic sign; or in the case of an act or omission done by an enforcement officer or a parking warden, was necessary in the execution of the person s duty. (4) A person is not in breach of clauses 2.1 to 2.9, 2.13 (which relates to use of roads), clause 5.3 (minimum speed limits) or Part 6 (stopping and parking), in relation to a vehicle, of the Land Transport (Road User) Rule 2004, if that person proves that - (a) (b) (c) (d) the vehicle was, at the time of the act or omission complained of, actually engaged in a public work on a road; and the vehicle was being used on the road with due consideration for other road users; and the act or omission complained of was reasonably necessary for the purposes of that work; and he or she took all reasonable care to prevent the occurance of any accident, mishap, collision, or damage, or any injury to or interference with any person, animal, or property arising because of the act or omission. A209128 15

FIRST SCHEDULE PART 12 OF CONSOLIDATED BYLAW ONE WAY ROADS Quay Street Service Lane, King Street A209128 16

SCHEDULE OF SPEED LIMITS SECOND SCHEDULE OF PART 12 TRAFFIC AND SPEED LIMITS OF THE WDC CONSOLIDATED BYLAW 2007 Part 1 Roads that have a speed limit of 20km/h The roads or roads within the areas described in this part of the Schedule or as shown on a Plan referenced in this Schedule are declared to be roads that have a speed limit of 20km/h. Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 7274(4) 20km/h At Whakatane: All roads marked on the Plan entitled Bylaw 2007 at Whakatane, Paroa and Coastlands number 7274(4) and identified in the legend as having a speed limit of 20km/hr. (Note: The roads identified as having a speed limit of 20km/h were previously set at 15km/h and have been altered due to 15km/h not allowed under the Land Transport Rule 54001: Setting of 2003.) 1 June 2009 Bylaw 2007: Part Speed Limits A209128 17

Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument N/A 7274(2) 20km/h At Ohope: All roads marked on the Plan entitled Bylaw 2007 at Ohope, number 7274(2) and identified in the legend as having a speed limit of 20km/hr. 1 June 2009 12 Traffic and A209128 18

Part 2 Roads that have a speed limit of 30km/h The roads or roads within the areas described in this part of the Schedule or as shown on a Plan referenced in this Schedule are declared to be roads that have a speed limit of 30km/h. Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 7274(4) 30km/h At Whakatane: 7274(3) 30km/h At Galatea: 7274(2) 30km/h At Ohope: All roads marked on the Plan entitled Bylaw 2007 at Whakatane, Paroa and Coastlands number 7274(4) and identified in the legend as having a speed limit of 30km/hr. All roads marked on the Plan entitled Bylaw 2007 at Galatea, number 7274(3) and identified in the legend as having a speed limit of 30km/hr. All roads marked on the Plan entitled Bylaw 2007 at Ohope, number 7274(2) and identified in the legend as having a speed limit of 30km/hr. 1 June 2009 1 June 2009 1 June 2009 A209128 19

Part 3 Roads that have a speed limit of 40km/h The roads or roads within the areas described in this part of the Schedule or as shown on a Plan referenced in this Schedule are declared to be roads that have a speed limit of 40km/h. Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 7274(2) 40km/h At Ohope: All roads marked on the Plan entitled at Ohope, number 7274(2) and identified in the legend as having a speed limit of 40km/hr. School zones marked on the Plan entitled Speed Limits at Ohope, number 7274(2) and identified in the legend as having a variable speed limit of 40 km/hr are subject to the following conditions: 1. The speed limit is 40km/hr when the variable speed limit signs are operating and the numerals 40 are displayed. 2. The times during which the variable speed limit signs are permitted to operate are limited to; a. 35 minutes before the start of the school until the start of school; b. 20 minutes after the end of school, commencing no earlier than 5 minutes before the end of school; c. 10 minutes at any other time during a school day when at least 50 children cross the road or enter or leave a vehicle at the roadside. 3. The speed limit is 50km/hr al all times when the variable speed limit signs are not operating. 1 June 2009 Amended 29 July 2010 Amended 29 July 2010; NZ Gazette of 2 June 2005, No. 86 P2051 Approved by the Director for 40 km/h variable speed limits in a school zone. A209128 20

Part 4 Urban Traffic Areas 50km/h The roads or roads within the areas described in this part of the Schedule or as shown on a Plan referenced in this Schedule are declared to be roads that have a speed limit of 50km/h, except for those roads or roads within the areas that are described as having a different speed limit in the Schedule, or those saved under existing regulations. Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 7274(2) 50km/h At Ohope: 7274(4) 50km/h At Whakatane: 7274(5) 50km/h At Edgecumbe: All roads marked on the Plan entitled Bylaw 2007 at Ohope, number 7274(2) and identified in the legend as having a speed limit of 50km/hr. All roads marked on the Plan entitled Bylaw 2007 at Whakatane, Paroa and Coastlands number 7274(4) and identified in the legend as having a speed limit of 50km/hr. All roads marked on the Plan entitled Bylaw 2007 at Edgecumbe number 7274(5) and identified in the legend as having a speed limit of 50km/hr. 1 June 2009 1 June 2009 1 June 2009 A209128 21

Reference Number Speed Limit Description 7274(6) 50km/h At Matata: 7274(7) 50km/h At Te Teko: 7274(10) 50km/h At Waimana: 7274(11) 50km/h At Taiwhakaea: All roads marked on the Plan entitled Bylaw 2007 at Matata number 7274(6) and identified in the legend as having a speed limit of 50km/hr. All roads marked on the Plan entitled Bylaw 2007 at Te Teko number 7274(7) and identified in the legend as having a speed limit of 50km/hr. All roads marked on the Plan entitled Bylaw 2007 at Waimana number 7274(10) and identified in the legend as having a speed limit of 50km/hr. All roads marked on the Plan entitled Bylaw 2007 at Taiwhakaea number 7274(11) and identified in the legend as having a speed limit of 50km/hr. Date Speed Limit Comes into Force Legal Instrument 1 June 2009 1 June 2009 1 June 2009 1 June 2009 Previous Legal Instrument A209128 22

Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 7274(13) 50km/h At Murupara: All roads marked on the Plan entitled Bylaw 2007 at Murupara number 7274(13) and identified in the legend as having a speed limit of 50km/hr. 1 June 2009 7274(14) 50km/h At Taneatua: 7274(16) 50km/h At Te Mahoe: All roads marked on the Plan entitled Bylaw 2007 at Taneatua number 7274(14) and identified in the legend as having a speed limit of 50km/hr. All roads marked on the Plan entitled Bylaw 2007 at Te Mahoe number 7274(16) and identified in the legend as having a speed limit of 50km/hr. 1 June 2009 1 June 2009 A209128 23

Part 5 Roads that have a speed limit of 60km/h The roads or roads within the areas described in this part of the Schedule or as shown on a Plan referenced in this Schedule are declared to be roads that have a speed limit of 60km/h. Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 7274(6) 60km/h At Matata: 7274(2) 60km/h At Ohope: All roads marked on the Plan entitled Bylaw 2007 at Matata number 7274(6) and identified in the legend as having a speed limit of 60km/hr. All roads marked on the Plan entitled Bylaw 2007 at Ohope number 7274(2) and identified in the legend as having a speed limit of 60km/hr. 1 June 2009 1 June 2009 7274(18) 60km/h At Matahi Valley Special Purpose Road: All roads marked on the Plan entitled Bylaw 2007 at Matahi Valley Special Purpose Road number 7274(18) and identified in the legend as having a speed limit of 60km/hr. 29 July 2010 Bylaw 2007: Part 12 Traffic and Speed Limits Amended 29 July 2010 Bylaw 2007: Part 12 Traffic and Speed Limits A209128 24

Part 6 Roads that have a speed limit of 70km/h The roads or roads within the areas described in this part of the Schedule or as shown on a Plan referenced in this Schedule are declared to be roads that have a speed limit of 70km/h. Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 7274(4) 70km/h At Whakatane: All roads marked on the Plan entitled Bylaw 2007 at Whakatane, Paroa and Coastlands number 7274(4) and identified in the legend as having a speed limit of 70km/hr. 1 June 2009 Amended 29 July 2010 Bylaw 2007: Part 12 Traffic and Speed Limits Amended 29 July 2010 7274(5) 70km/h At Edgecumbe: All roads marked on the Plan entitled Bylaw 2007 at Edgecumbe number 7274(5) and identified in the legend as having a speed limit of 70km/hr. 1 June 2009 Bylaw 2007: Part 12 Traffic and Speed Limits 7274(1) 70km/h At Awakeri: Speed limit set by Transit New Zealand Bylaw. (Refer Map 7274(1)) 1 June 2009 A209128 25

Reference Number Speed Limit Description 7274(8) 70km/h At Ruatoki: 7274(9) 70km/h At Thornton: 7274(17) 70km/h At Otakiri: 7274(2) 70km/h At Ohope: All roads marked on the Plan entitled Bylaw 2007 at Ruatoki number 7274(8) and identified in the legend as having a speed limit of 70km/hr. All roads marked on the Plan entitled Bylaw 2007 at Thornton number 7274(9) and identified in the legend as having a speed limit of 70km/hr. All roads marked on the Plan entitled Bylaw 2007 at Otakiri, number 7274(17) and identified in the legend as having a speed limit of 70km/hr. All roads marked on the Plan entitled Bylaw 2007 at Ohope, number 7274(2) and identified in the legend as having a speed limit of 70km/hr. Date Speed Limit Comes into Force Legal Instrument 1 June 2009 Bylaw 2007: Part 12 Traffic and Speed Limits 1 June 2009 Bylaw 2007: Part 12 Traffic and Speed Limits 29 July 2010 Bylaw 2007: Part 12 Traffic and Speed Limits Amended 29 July 2010 29 July 2010 Bylaw 2007: Part 12 Traffic and Speed Limits. Amended 29 July 2010 Previous Legal Instrument Bylaw 2007: Part 12 Traffic and Speed Limits Bylaw 2007: Part 12 Traffic and Speed Limits A209128 26

Part 7 Roads that have a speed limit of 80km/h The roads or roads within the areas described in this part of the Schedule or as shown on a Plan referenced in this Schedule are declared to be roads that have a speed limit of 80km/hr. Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 7274(12) 80km/h At Waiohau: All roads marked on the Plan entitled Bylaw 2007 at Waiohau, number 7274(12) and identified in the legend as having a speed limit of 80km/hr. 1 June 2009 7274(4) 80km/h At Whakatane: All roads marked on the Plan entitled Bylaw 2007 at Whakatane, Paroa and Coastlands number 7274(4) and identified in the legend as having a speed limit of 80km/hr. 1 June 2009 Amended 29 July 2010 Amended 29 July 2010 7274(2) and 7274(4) 80km/h At Whakatane and Ohope: All roads marked on the Plan at Whakatane, Coastlands and Paroa number 7274(4) and at Ohope number 7274(2) being identified in the legend as having a speed limit 80km/hr. 1 June 2009 7274(15) 80km/h At Onepu: 1 June 2009 A209128 27

Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument All roads marked on the Plan entitled Bylaw 2007 at Onepu number 7274(15) and identified in the legend as having a speed limit of 80km/hr. 7274(17) 80km/h At Ngahina: All roads marked on the Plan entitled Bylaw 2007 at Ngahina number 7274(17) and identified in the legend as having a speed limit of 80km/hr. 1 June 2009 N/A A209128 28

Part 8 Rural areas 100km/h The roads or roads within the areas described in this part of the Schedule or as shown on a Plan referenced in this Schedule are declared to be roads that have a speed limit of 100km/h. Reference Number Speed Limit Description Date Speed Limit Comes into Force Legal Instrument Previous Legal Instrument 100km/h All roads outside an urban traffic area listed in the Register of have a speed limit of 100 km/h, except for roads or areas that are: (a) described as having a different speed limit in the appropriate part of the Register of ; or 1 June 2009 Whakatane District (b) shown on a map as having a different speed limit, as referenced in the appropriate part of the Register of. 7274(2) 100km/h At Ohope: All roads marked on the Plan entitled Bylaw 2007 at Ohope number 7274(2) and identified in the legend as having a speed limit of 100km/hr. 1 June 2009 Whakatane District A209128 29

THIRD SCHEDULE PART 12 OF CONSOLIDATED BYLAW HEAVY THROUGH TRAFFIC PROHIBITION All roads in areas designated as Urban Traffic Areas within the Whakatane and Ohope area which are those areas where the Urban Speed Limit applies except at: Landing Road roundabout, Whakatane Hinemoa Street, Whakatane Arawa Street, Whakatane Valley Road, Whakatane between Arawa Street and Taneatua Road [note: these road areas are signposted and provide the route for the heavy traffic bypass through the Urban Traffic Area]

FOURTH SCHEDULE [ATTACHED FOR INFORMATION PURPOSES ONLY] PART 12 OF CONSOLIDATED BYLAW FINES 1.0. PARKING OFFENCES (i) Any parking offence involving parking on a road or other public place in breach of this bylaw, in excess of the period of time fixed pursuant to this bylaw, where the excess time is: Not more than 30 min $12.00 More than 30 min but not more than 1 hour $15.00 More than 1 hour but not more than 2 hours $21.00 More than 2 hours but not more than 4 hours $30.00 More than 4 hours, but not more than 6 hours $42.00 More than 6 hours $57.00 (ii) (a) Parked on or within 6 m of an intersection $60.00 (b) Parked on or near a pedestrian crossing $60.00 (c) Parked on broken yellow lines $60.00 (d) Double parking $60.00 (e) Inconsiderate parking $60.00 (f) Parked on a clearway $60.00 (g) Parked on a bus only lane $60.00 (iii) Any other parking offence $40.00 2.0 OTHER OFFENCES The penalty for any other offence shall be as provided for within the Local Government Act 2002, Transport Act 1962, the Land Transport (Offences and Penalties) Regulations 1999, the Land Transport Act 1998, The Land Transport (Road User) Rule 2004 or any amendments. 3.0. TOWAGE FEES All expenses incurred by the in respect of the movement or proposed movement of any vehicle (whether or not the vehicle is in fact moved) or the restraining of any vehicle of this bylaw shall be a cost to the owner thereof and shall be payable as additional to any fine which might be imposed in respect of the offence giving rise to the movement or restraining as the case might be. 4.0 SPEEDING Every person who commits an offence is liable on summary conviction, to a fine not exceeding $500.00.