(1) This rule may be cited as the Land Transport (Road User) Rule 2004.

(2) This rule is the Land Transport Rule 61001.

This rule comes into force on 27 February 2005.

A statement of the objective of this rule is set out in Schedule 1.

A statement of the extent of the consultation that has been carried out in relation to this rule under section 161(2) of the Act is set out in Schedule 2.

Unless the context otherwise requires,—

• (a) this rule applies to road users and to vehicles on roads:

• (b) a duty or requirement imposed by this rule on a driver applies also in relation to the vehicle the driver is driving or intending to drive, or to the vehicle over which the driver has control, as the case may be:

• (c) no duty or requirement imposed by this rule on drivers of motor vehicles applies to persons driving mobility devices, wheeled recreational devices, or power-assisted cycles.

In this rule, unless the context otherwise requires,—

(1) A road user must comply with the applicable provisions of this rule.

(2) A road user must comply with every reasonable direction given by an enforcement officer for the safe and efficient regulation of traffic, even if the road user may contravene a provision of this rule by complying with the direction.

(1) A person is not in breach of this rule 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

  • (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 Act, whether or not a person had complied with this rule.

(3) A person is not in breach of this rule if that person proves that the act or omission complained of—

• (a) took place in compliance with the directions of an enforcement officer, a parking warden, a traffic signal, or a traffic sign; or

• (b) 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, or 5.3, or Part 6, in relation to a vehicle, if that person proves that—

• (a) the vehicle was, at the time of the act or omission complained of, actually engaged in a public work on a road; and

• (b) the vehicle was being used on the road with due consideration for other road users; and

• (c) the act or omission complained of was reasonably necessary for the purposes of that work; and

• (d) he or she took all reasonable care to prevent the occurrence 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.

(1) A driver, when driving, must at all times drive as near as practicable to the left side of the roadway unless this rule otherwise provides.

(2) If a driver's speed, when driving, is such as to impede the normal and reasonable flow of traffic, that driver must, as soon as is reasonably practicable, move the vehicle as far as practicable to the left side of the roadway when this is necessary to allow following traffic to pass.

(3) A driver may drive in the right lane in the direction of travel when driving on a multi-lane road if—

• (a) the driver is turning right, or making a U-turn from the centre of the road, and is giving the prescribed signal of that driver's intention to turn right; or

• (b) the driver is passing; or

• (c) the left lane is unavailable to the driver; or

• (d) the driver is required by any provision of this rule to drive in the right lane; or

• (e) a variable lane control downward-facing arrow sign indicates that the driver must drive in the right lane; or

• (f) the driver is avoiding an obstruction; or

• (g) the traffic in all other lanes is congested; or

• (h) the traffic in every lane is congested.

(1) This clause applies if a road controlling authority has indicated by the installation of the appropriate signs that an extra lane has been provided as a slow vehicle bay.

(2) A driver who is driving at a slow speed that would impede the normal and reasonable movement of any other vehicle must—

• (a) move into the slow vehicle bay as soon as the movement may be made with safety; and

• (b) continue there until the driver reaches the end of the slow vehicle bay or is able to proceed without impeding the normal and reasonable movement of vehicles using the road.

(1) A driver, when driving, must not use—

• (a) a lane that has been declared unavailable by an over-head traffic signal showing a red diagonal cross; or

• (b) on a two-way roadway marked in 2 or more lanes, a lane on the right side of the centre line unless the driver is passing another vehicle travelling in the same direction; or

• (c) on a two-way roadway marked in 3 lanes,—

  • (i) the lane on the right side of the roadway; or

  • (ii) the centre lane unless the driver is turning right into another roadway or a vehicle entrance or is passing another vehicle travelling in the same direction; or

• (d) a lane to the driver's right of a no-passing line; or

• (e) the area on the right side of a row of traffic cones or other delineators placed so that they separate traffic travelling in opposite directions; or

• (f) a special vehicle lane reserved for a specific class or classes of vehicle unless—

  • (i) the vehicle is one of the class or classes of vehicle for which the lane is reserved; or

  • (ii) the vehicle is an emergency vehicle being used in an emergency.

(2) A driver, when driving on a road marked in lanes,—

• (a) must drive as far as practicable entirely within a lane except when complying with subclause 2.1(2) or when changing lanes; and

• (b) must not move from a lane until he or she has first ascertained that the manoeuvre may be made safely.

(3) However, a driver may drive wholly or partly in a lane that is unavailable to the driver under subclause (1) or clause 4.6(2) to (4) if—

• (a) it is impracticable to proceed otherwise because of—

  • (i) the size of the driver's vehicle; or

  • (ii) the size of the load on the driver's vehicle; or

  • (iii) a road obstruction; and

• (b) driving in that lane can be done safely and without impeding other traffic.

(4) A driver may also drive wholly or partly in a lane that is unavailable to the driver under subclause (1) or clause 4.6(2) to (4) if the driver—

• (a) drives in the lane to cross it to—

  • (i) make a turn; or

  • (ii) leave a road; or

  • (iii) enter a marked lane or line of traffic from the side of the road; or

  • (iv) enter a marked lane or line of traffic from another marked lane; or

  • (v) park in a place clear of a special vehicle lane, if the lane that the driver crosses is a special vehicle lane; or

  • (vi) enter a specified stopping place or loading zone to pick up or drop off passengers or a load, if the driver is driving a passenger service vehicle or goods vehicle and the lane that the driver crosses is not reserved for a vehicle of that class; and

• (b) drives in the lane for the minimum length necessary to complete the manoeuvre and for no more than a maximum length of 50 m; and

• (c) gives way to vehicles entitled to use the lane.

(5) A driver who is turning across a light rail vehicle lane or safety zone must not impede the progress of any light rail vehicle travelling along the same roadway in the same or opposite direction.

If road markings or traffic signs designate specific lanes for specific manoeuvres at the approaches to an intersection, a driver must not use any lane except for the manoeuvre appropriate to its marking or signage.

(1) A driver intending to turn to enter another roadway or a vehicle entrance to the left must—

• (a) move as far as practicable to the left side of the roadway before reaching the point at which the driver intends to turn; and

• (b) keep as close as practicable to the left side of the road-way throughout the turn.

(2) A driver intending to turn to enter another roadway or a vehicle entrance to the right must—

• (a) move as far as practicable to the right without encroaching on any lanes that are unavailable to the driver (or, in the case of a roadway not marked in lanes, without encroaching over the middle of the roadway) before reaching the point at which the driver intends to turn; and

• (b) turn as directly as possible to a similar position on any roadway the driver enters.

(3) A driver is not in breach of subclause (2) if the driver proves that, in the interests of safety, the driver moved as far as practicable to the left of the roadway on which the driver was travelling and slowed or stopped the vehicle in advance of the point where he or she intended to turn right until the roadway was clear of traffic turning right from the centre of the road and it was safe to turn.

(1) A cyclist may turn right at an intersection by making a right turn in accordance with clause 2.5(2) or (3).

(2) Alternatively, a cyclist may turn right at an intersection by making a hook turn. To make a hook turn, the cyclist must do the following:

• (a) approach and enter the intersection from as close as practicable to the far left side of the roadway that the cyclist is leaving; and

• (b) move forward into the intersection while—

  • (i) keeping as close as practicable to the far left side of the intersection; and

  • (ii) keeping as clear as practicable of any marked foot crossing; and

  • (iii) keeping clear of any driver turning left from the left side of the roadway that the cyclist is leaving; and

• (c) go as close as practicable to the far left side of the roadway that the cyclist is entering; and

• (d) turn the cycle so that it is facing the roadway that the cyclist is entering; and

• (e) remain at the far left side of the roadway that the cyclist is entering until,—

  • (i) if there are traffic signals at the intersection, the signal on the roadway that the cyclist is entering turns green; or

  • (ii) if there are no traffic signals at the intersection, there are no approaching drivers on the roadway that the cyclist is leaving to whom the cyclist must give way; and

• (f) move forward into the roadway that the cyclist is entering.

(1) A driver must not pass or attempt to pass another vehicle moving in the same direction unless—

• (a) the movement can be made with safety; and

• (b) the movement is made with due consideration for other users of the road; and

• (c) sufficient clear road is visible to the driver for the passing movement to be completed without impeding or being likely to impede any possible opposing traffic; and

• (d) until the passing movement is completed, the driver has a clear view of the road and any traffic on the road for at least 100 m in the direction in which the driver is travelling.

(2) Subclause (1)(c) and (d) does not apply if the passing vehicle and the vehicle being passed are in different lanes and are, throughout the passing movement, either on a one-way road or on the same side of the centre line.

(3) A driver must not, when passing another vehicle moving in the same direction, move into the line of passage of that vehicle until the manoeuvre can be made safely and without impeding the movement of that other vehicle.

A driver must not pass or attempt to pass on the right of another vehicle moving in the same direction when—

• (a) approaching or crossing an intersection unless—

  • (i) the roadway is marked in lanes and the driver can make the movement without the driver's vehicle encroaching on a lane available for opposing traffic; or

  • (ii) in any other case, the driver can make the movement with safety and with due consideration for users of the intersecting road; or

• (b) approaching or passing a flush median, unless the driver—

  • (i) intends to turn right from the road marked with the flush median into another road or vehicle entrance; or

  • (ii) has turned right onto the road marked with the flush median; or

  • (iii) can make the entire movement without encroaching on the flush median.

(1) A driver must not pass or attempt to pass on the left of another vehicle moving in the same direction except in accordance with this clause.

(2) In any case in which the movement referred to subclause (1) may be made,—

• (a) the 2 vehicles must be in different lanes; or

• (b) the overtaken vehicle must be stationary or its driver must have given or be giving the prescribed signal of that driver's intention to turn right; or

• (c) if the overtaken vehicle is a light rail vehicle moving in the same direction, the light rail vehicle must not be—

  • (i) signalling an intention to turn left or to stop; or

  • (ii) stationary for the purposes of allowing passengers to alight or board.

(3) If the roadway is marked in lanes, the driver may make the movement referred in subclause (1) only if the driver's vehicle does not encroach on a lane that is unavailable to a driver.

(1) This clause applies if a driver is at or approaching a portion of a roadway where the road controlling authority has, in accordance with any enactment, marked a no-passing line applying to traffic moving in the direction in which the driver is moving.

(2) The driver must not pass or attempt to pass a motor vehicle or an animal-drawn vehicle moving in the same direction within the length of roadway on which the no-passing line is marked until the driver reaches the further end of the no-passing line, unless throughout the passing movement the driver keeps the vehicle wholly to the left of the no-passing line.

A driver must not pass or attempt to pass a vehicle that has stopped or slowed down at a school crossing point or pedestrian crossing in order to comply with clause 3.9 or subclause 10.1(1).

(1) A driver must not pass or attempt to pass another vehicle that has stopped at a level crossing to—

• (a) give way to any rail vehicle using the railway line; or

• (b) ascertain whether a rail vehicle is using the railway line.

(2) A driver must not pass or attempt to pass another vehicle moving in the same direction at or within 60 m of a level crossing unless, if the roadway is marked in lanes, the driver's vehicle does not encroach on a lane available for opposing traffic.

(1) A driver must not enter a motorway except at an opportunity and at a speed that will place the driver correctly in the stream of traffic without danger to any other user of the motorway.

(2) A driver must not stop or park on a motorway except in an area set aside and indicated by a traffic sign as a parking area.

(3) A driver must not drive in an emergency stopping lane unless—

• (a) the driver needs to drive in it to avoid a collision or to stop in an emergency; or

• (b) the driver's vehicle is disabled; or

• (c) a sign at the entrance to the lane indicates vehicles of a specified class or classes may use the lane during the time specified on the sign and the driver is operating a vehicle of that specified class or one of those specified classes.

(4) A driver must not reverse or make a U-turn on a motorway.

(1) A driver must not drive a motor vehicle along a footpath.

(2) Subclause (1) does not apply to a person who rides a moped or motorcycle on a footpath in the course of delivering newspapers, mail, or printed material to letter boxes if the road controlling authority has authorised the use of the footpath for that purpose.

A driver must not drive a motor vehicle on a lawn, garden, or other cultivation adjacent to, or forming part of, a road.

(1) Subject to subclauses (2) and (3), if traffic at any place is controlled by a traffic control device, a person (including a pedestrian) using the road at that place must comply with the instructions given by that traffic control device that apply to them.

(2) If traffic signs have been installed at a place controlled by traffic signals, then, in so far as the instructions given by the traffic signals are inconsistent with those given by the traffic signs, a person (including a pedestrian) using the road at that place must comply with the instructions given by the traffic signs that apply to them and not those given by the traffic signals.

(3) If at any time the traffic at any place at which a traffic control device is installed is controlled by an enforcement officer, the officer's directions override any instruction that may be given by the traffic control device.

(1) While a green signal in the form of a disc is displayed,—

• (a) a driver facing the signal may proceed straight ahead or may turn left or right at an intersection unless a red signal in the form of an arrow or a special sign prohibits that movement:

• (b) a driver facing the signal, including a driver turning left or right, must—

  • (i) proceed with due regard to the safety of other road users; and

  • (ii) give way to pedestrians, riders of mobility devices, and riders of wheeled recreational devices lawfully crossing or about to cross the roadway; and

  • (iii) give way to motor vehicles and cycles lawfully proceeding straight ahead:

• (c) a driver facing the signal and turning right must give way to vehicles approaching from the opposite direction and lawfully turning or about to turn left.

(2) While a green signal in the form of a disc is the only signal displayed, pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal may enter the roadway unless a special signal for pedestrians indicates a flashing or steady red standing human figure symbol.

(3) If 2 drivers travelling in opposite directions each has a green signal to proceed and this clause does not specify who must give way, the driver required by clause 4.2 to give way must give way accordingly.

(4) While a steady yellow signal in the form of a disc is displayed,—

• (a) a driver facing the signal must not enter the controlled area while the signal is displayed unless the driver's vehicle is, when the signal first appears, so close to the controlled area that it cannot safely be stopped before entering the area:

• (b) pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal must not enter the roadway unless a special signal for pedestrians indicates a green walking human figure symbol.

(5) While a steady red signal in the form of a disc is displayed or 2 alternately flashing red signals in the form of a disc are displayed,—

• (a) a driver of a vehicle facing the signal or signals must not enter the controlled area, but a cyclist may enter ahead of a marked vehicle limit line and stop behind a marked cycle limit line:

• (b) pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal or signals must not enter the roadway unless a special signal for pedestrians indicates a green walking human figure symbol.

(1) While a green signal in the form of an arrow is displayed,—

• (a) a driver facing the signal may enter the controlled area and proceed only in the direction indicated by the signal, with due regard to the safety of other road users:

• (b) pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal must not enter the roadway unless a special signal for pedestrians indicates a green walking human figure symbol.

(2) While a yellow signal in the form of an arrow is displayed,—

• (a) a driver facing the signal must not enter the controlled area and must not make the movement indicated by the signal, unless the driver intends to proceed in the direction indicated by the signal and, when the signal first appears, the driver's vehicle is so close to the controlled area that it cannot safely be stopped before entering the area:

• (b) pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal must not enter the roadway unless a special signal for pedestrians indicates a green walking human figure symbol.

(3) While a red signal in the form of an arrow is displayed,—

• (a) a driver facing the signal must not enter the controlled area to proceed in the direction indicated by the signal:

• (b) pedestrians, riders of mobility devices, and riders of wheeled recreational devices facing the signal must not enter the roadway unless a special signal for pedestrians indicates a green walking human figure symbol.

(4) However, when a signal in the form of an arrow is displayed simultaneously with any other signal, in a single or a multi-column traffic signal display,—

• (a) the signal in the form of an arrow applies to drivers proceeding or about to proceed in the direction indicated by that signal; and

• (b) no other signal or signals apply to that vehicular traffic.

While a flashing yellow signal is displayed the provisions of clause 4.2 apply.

(1) While a special signal for pedestrians indicates a flashing or steady red standing human figure symbol, pedestrians, riders of mobility devices, and riders of wheeled recreational devices who are using the footpath and facing the signal must not enter the roadway.

(2) While a special signal for pedestrians indicates a green walking human figure symbol, pedestrians, riders of mobility devices, and riders of wheeled recreational devices may,—

• (a) if facing the signal, enter the roadway to cross towards the signal; and

• (b) if a “Pedestrians May Cross Diagonally During Cross” sign is installed, enter the roadway to cross towards the signal or to the diagonally opposite corner of the controlled area.

(1) While a white T or a white B signal is displayed, a driver of a light rail vehicle (in the case of a white T) or a bus (in the case of a white B) facing the traffic signal may—

• (a) travel straight ahead or turn right or turn left; or

• (b) turn right or turn left even though a traffic signal is displaying a red signal in the form of a disc.

(2) While a yellow T or a yellow B signal alone is displayed, a driver of a light rail vehicle (in the case of a yellow T) or a bus (in the case of a yellow B) facing the traffic signal must not enter the controlled area.

(3) However, if the driver of the light rail vehicle (in the case of a yellow T) or bus (in the case of a yellow B) is so close to the limit line or intersection when the yellow T or yellow B signal first appears that the driver cannot safely stop the vehicle before passing the limit line or entering the intersection, the driver may proceed with the movement otherwise prohibited by subclause (2).

(4) While a red T or a red B signal alone is displayed, a driver of a light rail vehicle (in the case of red T) or a bus (in the case of red B) facing the traffic signal must not—

• (a) proceed beyond any limit line associated with the traffic signal; or

• (b) in the absence of a limit line, enter the intersection at or near which the traffic signal is installed.

(5) If the rider of a cycle, moped, or motorcycle is lawfully using a bus lane, this clause applies to the rider in the same way that it applies to the driver of a bus.

(1) While a green cycle symbol is illuminated, cyclists may proceed straight ahead, or turn left or right.

(2) While a yellow cycle symbol is illuminated, cyclists must stop unless they are so close to the controlled area that they cannot safely stop before entering the controlled area.

(3) While a red cycle symbol is illuminated, cyclists must not enter the controlled area, but a cyclist may enter ahead of a marked vehicle limit line and stop behind a marked cycle limit line.

(1) This clause applies if a person is directing traffic with a hand-held stop sign in accordance with any enactment.

(2) A driver approaching a hand-held stop sign—

• (a) must stop before reaching the sign; and

• (b) must not proceed until the person holding the sign—

  • (i) displays a “go” sign or a “slow” sign towards the driver; or

  • (ii) stops displaying a sign towards the driver.

A driver approaching a pedestrian crossing or a school crossing point at which a school patrol sign is extended must—

• (a) stop before reaching the pedestrian crossing or school crossing point; and

• (b) remain stopped while the sign is extended.

(1) This clause applies if a driver intends to—

• (a) stop or reduce speed; or

• (b) turn or move to the right or draw out from a kerb on the left side of the vehicle; or

• (c) turn or move to the left or draw out from a kerb on the right side of the vehicle; or

• (d) enter a roundabout; or

• (e) leave a roundabout.

(2) If a driver intends to stop or reduce speed, and is able to signal only by means of a manually-operated approved signalling device or an arm signal, the driver must signal for at least 3 seconds either—

• (a) by means of the approved signalling device; or

• (b) if an arm signal can be clearly seen from the rear, by extending (in the case of the rider of an all terrain vehicle, a motorcycle, a moped, or a cycle) either arm or (in the case of any other driver) the right arm directly outwards with the upper arm horizontal and the forearm vertically upwards.

(3) A driver who intends to turn or move to the right or to draw out from a kerb on the left side of the vehicle must signal for at least 3 seconds either—

• (a) by means of an approved signalling device; or

• (b) if an arm signal can be clearly seen from both the front and the rear of the vehicle, by extending the right arm directly outwards in a horizontal position.

(4) A driver who intends to turn or move to the left or to draw out from a kerb on the right side of the vehicle must signal for at least 3 seconds either—

• (a) by means of an approved signalling device; or

• (b) if practicable and able to be clearly seen from both the front and the rear of the vehicle, by extending the left arm directly outwards in a horizontal position.

(5) A driver entering a roundabout—

• (a) who intends to leave at the first exit after entering the roundabout, must signal a left turn before entering:

• (b) who intends to leave more than half-way around the roundabout, must signal a right turn before entering.

(6) A driver who intends to leave a roundabout must, if practicable, make any left-turn signal immediately before the intended exit and after any intervening exit from a roundabout.

(6A) It is not a breach of subclause (5) or (6) for the rider of a cycle not to signal if it is impracticable for him or her to make an arm signal.

(7) It is not a breach of this clause if—

• (a) arm signals are impracticable or not clearly visible because of the construction, equipment, or loading of the vehicle; and

• (b) the vehicle is not required to be fitted with the relevant approved signalling device and is not fitted with the device.

(1) A driver must make way, by stopping if necessary, as soon as practicable with safety—

• (a) for an emergency vehicle that is operating a blue or red beacon or blue and red beacons:

• (b) for a vehicle that is being escorted by an enforcement officer who is driving a vehicle operating a blue beacon or blue and red beacons:

• (c) if the driver has reasonable cause to believe that he or she is being signalled to make way by a siren carried on an emergency vehicle.

(2) The requirements to stop are set out in section 114 of the Act.

A driver must make way, by stopping if necessary, as soon as practicable with safety—

• (a) for a vehicle operated by a registered medical practitioner, registered nurse, or registered midwife that is displaying a green beacon:

• (b) for a pilot vehicle and any vehicle accompanying the pilot vehicle that is displaying signs and lighting equipment specified in any enactment to indicate that it is an overdimension vehicle or vehicle that has an overdimension load.

(1) A driver approaching or entering an intersection on a roadway where the vehicles that are moving in the direction in which that driver is travelling are controlled by a stop sign at or near the intersection must—

• (a) stop his or her vehicle before entering the path of any possible vehicle flow at such a position as to be able to ascertain whether the way is clear for the driver to proceed; and

• (b) give way to any vehicles approaching or crossing the intersection from a roadway not controlled by a stop sign.

(2) A driver approaching or entering an intersection on a roadway where the vehicles moving in the direction in which the driver is travelling are controlled by a give-way sign at or near the intersection must give way to any vehicles approaching or crossing the intersection from a roadway not controlled by either a stop sign or a give-way sign.

(3) A driver approaching a section of road suitable for travel in only 1 direction and controlled by a one-way give-way sign at or near the section must give way to vehicles on or approaching the section.

(1) This clause applies if both the vehicles moving in the direction in which a driver is travelling and the vehicles approaching from another direction—

• (a) are not controlled by a stop sign or a give-way sign; or

• (b) are controlled by a stop sign at or near an intersection; or

• (c) are controlled by a give-way sign at or near an intersection.

(2) A driver changing lanes or about to change lanes, or turning or about to turn, must give way to any vehicle not changing lanes, or not making a turn.

(2A) A driver turning or about to turn to his or her right must give way to any vehicle approaching from the opposite direction and lawfully turning or about to turn to its left.

(3) A driver approaching or crossing an intersection must give way to any vehicle approaching or crossing the intersection from his or her right unless subclause (2) or (4) applies.

(4) A driver on a terminating road who is approaching or crossing a T-intersection must give way to a vehicle on the continuing road, including a vehicle turning or about to turn right into the terminating road.

(5) In subclause (4),—

Clauses 4.1 and 4.2 do not apply to an intersection while it is controlled by an enforcement officer.

(1) A driver entering or exiting a driveway must give way to a road user on a footpath, cycle path, or shared path (as described by clause 11.1A(1)).

(2) A driver exiting a driveway must give way to a vehicle on a roadway, including a vehicle turning or about to turn right into the driveway.

(1) A driver must not increase speed when approaching an intersection if any other vehicle is approaching or crossing.

(2) Despite anything in Part 3, a driver approaching an intersection or an area controlled by traffic signals must not enter the intersection or controlled area if the driver's intended passage or exit is blocked by stationary traffic.

(1) A driver entering a roundabout must give way to traffic on the roundabout and to traffic approaching from the driver's right.

(2) A driver approaching a multi-lane roundabout who intends to leave the roundabout less than half-way around the roundabout must enter the roundabout from the left-hand lane or from a lane signed with or marked by lane-use arrows for traffic intending to leave less than half-way around.

(3) A driver approaching a multi-lane roundabout who intends to leave the roundabout half-way around the roundabout must enter the roundabout—

• (a) from a lane or lanes that are signed with or marked by lane-use arrows for traffic intending to leave half-way around; or

• (b) if there are no lanes signed or marked for traffic intending to leave half-way round, from any lane other than a lane reserved for another movement.

(4) A driver approaching a multi-lane roundabout who intends to leave the roundabout more than half-way around the round-about must enter the roundabout from the right-hand lane or from a lane marked by lane-use arrows for traffic intending to leave more than half-way around.

(5) Subclauses (2) to (4) are subject to clause 2.3(3) and (4) (which relate to the use of lanes that are usually unavailable).

(6) The required drivers' signals for entering and leaving a round-about are set out in clause 3.10(5) and (6).

A driver must not impede the progress of any light rail vehicle.

(1) A driver must not drive a vehicle at a speed exceeding the applicable speed limit (being a permanent, variable, holiday, urban, rural, temporary, or other speed limit).

(2) The fact that a vehicle is driven at a speed that does not exceed the applicable speed limit does not excuse an alleged breach of a provision of any other Part of this rule.

(3) A driver who drives at a speed exceeding the applicable speed limit is not in breach of subclause (1) if the driver proves that, at the time the vehicle was being driven,—

• (a) the vehicle was being used by an enforcement officer engaged on urgent duty and compliance with the speed limit would be likely to prevent the execution of the officer's duty; or

• (b) the vehicle was an emergency vehicle being used in an emergency and was operating a red beacon or a siren, or both; or

• (c) the vehicle was being used (on a road subject to a speed limit of 60 km per hour or more) to convey a member of the Executive Council engaged on urgent public business, or to convey any other person authorised for the purpose by the Minister and engaged on urgent public business in the execution of the person's functions.

(1) If more than 1 speed limit set by this rule applies to a vehicle under this Part, the lowest of those speed limits is the maximum speed limit for that vehicle.

(2) If a speed limit set other than by this rule for any vehicle either generally or in respect of any place is lower than the appropriate speed limit set by this rule, that lower speed limit applies to that vehicle either generally or in respect of that place.

(3) If a maximum speed limit set under the Act by a road controlling authority applies to any motor vehicle in any locality or on any road or part of a road, and that speed limit is greater than the appropriate maximum speed limit set by this Part, the appropriate maximum speed limit set by this Part applies in that case.

A driver must not, in any minimum-speed lane, drive at a speed that is less than the minimum speed that applies to that lane unless,—

• (a) because of weather conditions, poor visibility, the density or nature of traffic, the conditions of the road or road surface, or other reasonable cause, that minimum speed would be unsafe; or

• (b) the driver is required by a signal or an instruction from an enforcement officer or from a traffic sign not to exceed a speed that is less than that minimum speed.

(1) A driver must not drive on a road at a speed exceeding 90 km per hour a vehicle that is towing, using a rigid towing connection, a vehicle normally propelled by mechanical power that is not a motorcycle or all terrain vehicle.

(2) A driver must not drive on a road at a speed exceeding 50 km per hour a vehicle that is towing, using a non-rigid towing connection, a vehicle normally propelled by mechanical power that is not a motorcycle or all terrain vehicle.

(3) A driver must not drive on a road at a speed exceeding 30 km per hour a vehicle that is towing a mechanically disabled motorcycle or all terrain vehicle, as permitted by clause 7.18(6).

(4) A driver must not drive on a road at a speed exceeding 90 km per hour a vehicle that is towing a trailer or trailers. This subclause is overridden by subclause (5).

(5) A driver must not drive on a road at a speed exceeding 40 km per hour a cycle, moped, motorcycle, or all terrain vehicle that is towing a trailer that, together with its load, exceeds 50% of the unladen weight of the cycle, moped, motorcycle, or all terrain vehicle.

(1) A driver must not operate at a speed in excess of 90 km per hour a heavy motor vehicle.

(2) A driver must not operate a heavy motor vehicle constructed without springs or other effective cushioning apparatus between its road wheels and its chassis at a speed in excess of 45 km per hour.

(3) However, subclause (2) does not apply when the unsprung axles are connected to the vehicle chassis by a longitudinal walking beam or beams.

(1) A driver must comply with subclause (1A) when meeting or overtaking a stopped school bus—

• (a) that is displaying a school bus sign and is stopped for the purpose of picking up or dropping off school children; or

• (b) that is displaying a specified school bus sign on which the lights are flashing.

(1A) The driver must—

• (a) drive with due care for the safety of the children; and

• (b) drive at a speed not exceeding 20 km per hour while passing any part of the school bus.

(2) A driver must not drive on a road at a speed exceeding 80 km per hour any school bus that has a gross vehicle mass exceeding 2 000 kg.

(1) [Revoked]

(2) A driver must not drive a light rail vehicle in any shared zone at a speed exceeding 10 km per hour.

(3) A driver must not drive a light rail vehicle at a speed exceeding the maximum speed limit specified in the safety system of the operator of the vehicle that has been approved under section 6D of the Transport Services Licensing Act 1989.

A driver must not exceed 20 km per hour after passing a warning sign advising of an accident, breakdown, or emergency and before arriving at a point clear of the accident, breakdown, or emergency for which the sign was installed.

(1) A driver must not drive a vehicle in a lane marked on a road at such a speed that the driver is unable to stop in the length of the lane that is visible to the driver.

(2) A driver must not drive a vehicle on a road that is not marked in lanes at such a speed that the driver is unable to stop in half the length of roadway that is visible to the driver.

(3) A driver must not drive on a road a vehicle following behind another vehicle so that the driver cannot stop the driver's vehicle short of the vehicle ahead if the vehicle ahead stops suddenly.

(4) No driver may drive a motor vehicle on any road following behind another vehicle at a distance behind that vehicle of less than—

• (a) 16 m, if his or her speed is 40 km an hour or more but less than 50 km an hour; or

• (b) 20 m, if his or her speed is 50 km an hour or more but less than 60 km an hour; or

• (c) 24 m, if his or her speed is 60 km an hour or more but less than 70 km an hour; or

• (d) 28 m, if his or her speed is 70 km an hour or more but less than 80 km an hour; or

• (e) 32 m, if his or her speed is 80 km an hour or more but less than 90 km an hour; or

• (f) 36 m, if his or her speed is 90 km an hour or more.

Nothing in this Part affects section 7(2) of the Act (which prohibits dangerous driving).

A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a road, whether attended or unattended, without due care or without reasonable consideration for other road users.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a roadway if he or she can stop, stand, or park it on the road margin without damaging ornamental grass plots, shrubs, or flower beds laid out or planted on the margin.

(2) Subclause (1) does not apply if the road controlling authority provides signs or markings, or makes a bylaw, indicating that a rule different from the one in subclause (1) applies.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on any part of a roadway so close to any corner, bend, rise, dip, traffic island, or intersection as to obstruct or be likely to obstruct other traffic or any view of the roadway to the driver of a vehicle approaching that corner, bend, rise, dip, traffic island, or intersection unless the stopping, standing, or parking is authorised by signs or markings maintained by the road controlling authority.

(2) A driver must not stop, stand, or park a vehicle on any part of a road, whether attended or unattended, within an intersection or within 6 m of an intersection unless the stopping, standing, or parking is authorised by signs or markings maintained by the road controlling authority.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on any part of a road contrary to the terms of a notice, traffic sign, or marking that—

• (a) indicates that stopping, standing, or parking vehicles is prohibited, limited, or restricted; and

• (b) is on or adjacent to the road; and

• (c) is authorised by a road controlling authority under the Land Transport Rule: Traffic Control Devices 2004.

(1A) Without limiting subclause (1), a driver or person in charge of a vehicle must not stop, stand, or park the vehicle in any parking area reserved for disabled persons unless—

• (a) the driver or any passenger is disabled; and

• (b) an approved disabled person’s parking permit is prominently displayed in the vehicle.

(2) A sign that imposes a parking restriction and incorporates the symbol “P” or “P$” on the top of the sign, or relates to a loading zone, applies between the hours of 8 am and 6 pm on days other than public holidays, unless otherwise specified on the sign or on a supplementary sign. All other signs apply at all hours of the day and night, unless a time period is specified on the sign.

(3) The words “other times”, or any words of similar effect, on a parking sign mean that any restriction on the sign applies while the sign applies under subclause (2), but does not apply during the times specified by an immediately adjacent sign that notifies a different restriction.

(4) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on any part of a roadway where the road controlling authority has marked a broken yellow line parallel to, and at a distance of not more than 1 m from, the edge of the roadway.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a pedestrian crossing.

(2) A driver must not stop, stand, or park a vehicle—

• (a) within 6 m of the driver's approach to a pedestrian crossing; or

• (b) within any distance (being greater than 6 m) from the driver's approach to a pedestrian crossing that the road controlling authority determines by installing a sign or by marking on the roadway a broken yellow line parallel to, and at a distance of not more than 1 m from, the edge of the roadway.

(3) Subclause (2) does not apply to—

• (a) a cycle; or

• (b) a vehicle of a type that is wholly within an area that is set back from the line of traffic approaching a pedestrian crossing and in which parking is authorised by signs or markings maintained by the road controlling authority.

A driver or person in charge of a vehicle must not stop, stand, or park the vehicle in any special vehicle lane unless—

• (a) the vehicle belongs to a class of vehicle for which use of the lane is reserved, and stopping, standing, or parking of the vehicle is permitted at that place by signs or markings; or

• (b) the vehicle is an emergency vehicle that is being used in an emergency and is operating a red beacon or red and blue beacons.

A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a traffic island or flush median.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle within 6 m of a bus stop sign. This subclause is overridden by subclauses (2) and (3).

(2) If the vehicle is a bus, the driver or person in charge of it may stop or stand the vehicle within 6 m of a bus stop sign.

(3) If the area in which stopping, standing, or parking is prohibited is marked out as being longer or shorter than 6 m, the provisions of clause 6.15 apply.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle so as to obstruct entry to or exit from any driveway.

(2) For the purposes of this clause, a vehicle parked alongside any part of a kerb crossing provided for a driveway or within 1 m of the prolongation of the side of a driveway must be regarded as obstructing entry or exit.

(3) Nothing in subclause (1) or subclause (2) applies to a bus that has stopped at an authorised bus stop, or a light rail vehicle that has stopped at a light rail vehicle stop, for the purpose of picking up or dropping off passengers.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle—

• (a) within 500 mm of a fire hydrant; or

• (b) if the fire hydrant is situated below the surface of the road, within 500 mm of the centre of the cover of the hydrant.

(2) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle between the nearer edge of the roadway and any portion of a marking on the roadway indicating the presence of a fire hydrant, the centre of which marking is not more than 6 m from a fire hydrant situated outside the roadway.

(3) However, a driver is not in breach of subclause (1) or subclause (2) if the driver proves that he or she remained in the vehicle or left in charge of the vehicle a person licensed and capable of moving it if necessary.

A driver or person in charge of a vehicle must not stop, stand, or park the vehicle so that any other stopped motor vehicle is located between his or her vehicle and the nearest edge of the roadway.

(1) Unless clause 6.13 applies, a driver or person in charge of a vehicle must not stop, stand, or park the vehicle otherwise than parallel with the direction of the roadway and with the left side of the vehicle as close as practicable to the left side of the road.

(2) However, in a one-way road, the vehicle must face in the same direction as the vehicles proceeding along the road and as close as practicable to either side of the road.

(1) If the road controlling authority has indicated that vehicles may be parked only at an angle to the direction of the road-way, a driver must not stand or park a vehicle (other than a cycle) otherwise than in accordance with the direction indicated.

(2) An all terrain vehicle, a motorcycle, a moped, or a cycle may be parked otherwise than parallel with the roadway if during the hours of darkness it is sufficiently illuminated so as to be visible from at least 50 m.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a footpath or on a cycle path.

(2) Subclause (1) does not apply to cycles if a road controlling authority indicates otherwise by means of signs or markings or if it installs facilities for the parking, standing, or storage of cycles on a footpath or cycle path.

(3) Nothing in subclause (1) prevents a person from stopping, standing, or parking a cycle, mobility device, or wheeled recreational device on a footpath if doing so does not unreasonably obstruct any other user of the footpath.

(1) This clause applies to an area of roadway that the road controlling authority—

• (a) reserves as a stopping place or stand for a class or classes of vehicle; and

• (b) tells drivers about by installing 1 or more appropriate parking signs at an adjoining place or at adjoining places that give drivers reasonable notice of the area's presence.

(2) A driver or person in charge of a vehicle that does not belong to a class or classes of vehicle indicated by an appropriate parking sign installed at that stopping place or stand must not stop, stand, or park the vehicle, whether attended or unattended, on the area.

(3) A driver or person in charge of a vehicle that belongs to a class or classes of vehicle indicated by an appropriate parking sign installed at that stopping place or stand must not leave the vehicle unattended on the area.

(4) An area described in subclause (1) may be marked by lines on the roadway put there by the road controlling authority. The road controlling authority must mark the area by putting lines on the roadway if it is practicable for it to do so.

(1) A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on any part of a roadway reserved by a road controlling authority as a loading zone—

• (a) if the vehicle does not belong to the class (if any) specified on the sign; or

• (b) if the driver leaves the vehicle unattended for more than 5 minutes or any period longer than that specified on the sign; or

• (c) if goods or passengers are not actually being loaded or unloaded from the vehicle.

(2) This clause applies only if the location of the loading zone is indicated by the road controlling authority by the installation of the appropriate parking signs and markings prescribed by Land Transport Rule 54002: Traffic Control Devices 2004.

(3) Nothing in subclause (1) permits a vehicle to be left unattended within a loading zone if the appropriate parking sign indicates that the vehicle must be attended at all times.

A driver or person in charge of a vehicle must not stop, stand, or park the vehicle—

• (a) on a level crossing; or

• (b) near a level crossing so as to obscure the view that other road users have of the crossing or a rail vehicle approaching the crossing.

(1) A driver or person in charge of a goods vehicle that exceeds 6 m in length and 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) must not stop, stand, or park that vehicle on a roadway during the hours of darkness, whether attended or unattended, at an angle to the direction of the roadway.

(2) However, subclause (1) does not apply to any part of a roadway where the road controlling authority maintains a notice, traffic sign, or marking indicating that the parking of such vehicles at an angle to the roadway during the hours of darkness is permitted.

(1) Except with the written permission of the road controlling authority given for a specified trailer, and in compliance with any conditions imposed by the road controlling authority in giving that permission, a person must not park a trailer on a roadway for a period exceeding 7 days.

(2) Subclause (1) does not derogate from any of the provisions of clauses 6.1 to 6.18.

(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.

(1) A person must not ride in or on a vehicle, or in or on an object conveyed on a vehicle, in a manner or position that may be liable to cause injury to that person.

(2) A driver must not permit a person to ride in breach of subclause (1).

(3) A person must not alight from or board a moving motor vehicle or light rail vehicle.

(4) A driver must not operate a motorcycle (other than a motorcycle fitted with a sidecar) on a road while it is carrying more than 2 persons.

(1) A person must not cause a hazard to any person by opening or closing a door of a motor vehicle, or by leaving the door of a motor vehicle open.

(2) A driver of a school bus or passenger service vehicle or light rail vehicle must ensure that any door used for the entrance or exit of passengers is not open while the bus or vehicle is in motion.

(1) A driver must not operate a vehicle in a condition or manner that causes or is liable to cause—

• (a) injury to any person or animal; or

• (b) annoyance to any person; or

• (c) damage to any property; or

• (d) distraction to the driver.

(2) A driver must not operate a vehicle that is so loaded, or has a load so unsafely secured or covered, that the vehicle or its load causes or is liable to cause—

• (a) injury to any person or animal; or

• (b) annoyance to any person; or

• (c) damage to any property; or

• (d) distraction to the driver.

(3) A driver must not operate a vehicle that is so loaded, or has a load so unsafely secured or insufficiently covered, that the load or a portion of the load escapes or falls from the vehicle or is likely to do so.

(4) A driver must not operate a vehicle if the vehicle or its load, or both, drag on or make moving contact with the roadway other than by means of the wheels or by means of an attachment used to prevent the accumulation of static electricity.

(5) A driver must not use a motor vehicle to tow a trailer designed for use as a human abode while any person is carried in that trailer unless the carriage of that person is required for the purposes of a roadworthiness test of the trailer.

(1) A driver must not, while driving a vehicle,—

• (a) use a mobile phone to make, receive, or terminate a telephone call; or

• (b) use a mobile phone to create, send, or read a text message; or

• (c) use a mobile phone to create, send, or read an email; or

• (d) use a mobile phone to create, send, or view a video message; or

• (e) use a mobile phone to communicate in a way similar to a way described in any of paragraphs (b) to (d); or

• (f) use a mobile phone in a way other than a way described in any of paragraphs (a) to (e).

(1A) Subclause (1) is overridden by subclauses (2) to (7).

(2) An enforcement officer may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the officer is making, receiving, or terminating the call in the execution of the officer's duty.

(3) A driver may, while driving a vehicle, use a mobile phone if—

• (a) the driver is using the phone to make a 111 or *555 call; and

• (b) it is unsafe or impracticable for the driver to stop and park the vehicle to make the call.

(4) A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the phone does not require the driver to hold or manipulate it to make, receive, or terminate the call.

(5) [Revoked]

(6) A driver may, while driving a vehicle, use a mobile phone to make, receive, or terminate a telephone call if the vehicle has stopped for a reason other than the normal starting and stopping of vehicles in a flow of traffic.

(7) A driver may, while driving a vehicle, use a mobile phone in a way described in subclause (1)(a) or (f), if both the following apply:

• (a) the phone is secured in a mounting fixed to the vehicle; and

• (b) if the driver manipulates or looks at the phone, he or she does so infrequently and briefly.

(1) A driver must not operate a vehicle that creates noise that, having regard to all the circumstances, is excessive.

(2) A person must not create by any means (for example, a car stereo) within or on a vehicle any noise that, having regard to all the circumstances, is excessive.

(3) In determining whether any noise is excessive, regard may be had, in addition to all other relevant matters, to—

• (a) the manner of operation of the vehicle:

• (b) the condition of the vehicle:

• (c) the time of the day when the noise is created:

• (d) the locality where the noise is created:

• (e) the likelihood of annoyance to any person:

• (f) any relevant standard or specification that applies under the Act.

(4) Without limiting any enactment other than this rule, the following are authorised:

• (a) the use of sirens fitted to emergency vehicles being used on urgent occasions:

• (b) when the driver is in distress, the use of audible security alarms fitted to small passenger service vehicles:

• (c) when a person in or associated with the use of the vehicle is in distress, the use of audible security alarms fitted to a motor vehicle that is being operated by the holder of a licence as a property guard under the Private Security Personnel and Private Investigators Act 2010 and that is being used to transport money or other valuable goods.

(5) A person must not, at any time,—

• (a) use a warning device on a motor vehicle otherwise than as a reasonable traffic warning; or

• (b) make an unnecessary or unreasonably loud, harsh, or shrill noise by means of a warning device on a motor vehicle.

(6) A person must not operate a siren fitted to an emergency vehicle unless the vehicle is readily identifiable by means of—

• (a) its construction; or

• (b) the operation of a beacon or beacons; or

• (c) an identification sign.

(1) A driver must not operate a motor vehicle other than a traction engine that, for 10 or more seconds, emits a continuous stream of smoke or vapour that is visible to a person with normal vision.

(2) Subclause (1) does not apply if smoke or vapour is visible solely because of the condensation of water vapour.

(3) A driver is not in breach of subclause (1) if the driver produces documentation that proves that—

• (a) at the time of the alleged breach all reasonably practicable steps had been taken within the preceding 6 months to ensure that the motor vehicle could be operated without breaching subclause (1); or

• (b) the engine is original equipment for the vehicle and its design means the motor vehicle cannot reasonably (without disproportionate effort or expense) comply.

A driver must ensure that, while the vehicle is in motion on a road, every passenger under the age of 5 years is properly restrained by an approved child restraint appropriate for that passenger.

A driver must ensure that, while the motor vehicle is in motion on a road, every passenger of or over the age of 5 years but under the age of 8 years—

• (a) is properly restrained by an approved child restraint appropriate for that passenger, if such a restraint is available in the vehicle; or

• (b) if such a restraint is not available in the vehicle, is restrained as securely as practicable in the circumstances using any child restraint or seat belt that is available (whether or not that child restraint or seat belt is approved).

(1) Subclause (2) applies when a person—

• (a) is a passenger in a motor vehicle; and

• (b) occupies a seat fitted with a seat belt, whether or not the seat belt is an approved seat belt; and

• (c) is aged from 8 to 14 years.

(2) The driver of the vehicle must ensure that, while the vehicle is in motion on the road, the person—

• (a) wears the seat belt correctly so that he or she is properly restrained; and

• (b) keeps the seat belt securely fastened.

A driver must not, while the motor vehicle is in motion on a road, permit a passenger under the age of 15 years who is not properly restrained by an approved child restraint or seat belt appropriate for that passenger to be alongside the driver unless—

• (a) the vehicle is not provided with sitting positions behind the driver's seat; or

• (b) all the sitting positions behind the driver's seat are occupied by passengers under the age of 15 years.

(1) Subclause (2) applies when a person—

• (a) is in a motor vehicle; and

• (b) is occupying a seat fitted with a seat belt, whether or not the seat belt is an approved seat belt; and

• (c) is aged 15 years or more.

(2) While the vehicle is in motion on the road, the person must—

• (a) wear the seat belt correctly so that he or she is properly restrained; and

• (b) keep the seat belt securely fastened.

(1) The requirements of clauses 7.7 to 7.10 do not apply to a driver (whether imposed in respect of himself or herself or any child), or to a passenger in any motor vehicle, if the driver or passenger produces to an enforcement officer, whenever required to do so by that officer, a certificate from a registered medical practitioner certifying that the restraining of the person who would otherwise be required by those provisions to be restrained by a child restraint or seat belt is impracticable or undesirable for medical reasons.

(2) A driver or passenger who is required to produce a certificate to an enforcement officer under subclause (1) has 7 days, after the day on which the requirement is imposed, to do so.

(2A) If the certificate produced to the enforcement officer was issued on or after 1 October 2011,—

• (a) the certificate must specify the date on which it was issued and its expiry date; and

• (b) the expiry date must be on or after the day on which the certificate was required to be produced.

(3) The requirements of clauses 7.7 to 7.10 do not apply to a driver (whether imposed in respect of himself or herself or any child), or to a passenger in any vehicle, if the person who would otherwise be required by those provisions to be restrained by a child restraint or seat belt—

• (a) is the driver and, while complying with the requirements of those clauses, could not reasonably operate effectively any of the following items of equipment:

  • (i) footbrake or handbrake controls:

  • (ii) headlamp or foglamp:

  • (iii) direction-indicator control:

  • (iv) horn:

  • (v) windscreen-wiper control:

  • (vi) choke:

  • (vii) driver's sun visor; or

• (b) is the driver of a vehicle that is travelling in reverse, and would not be able to reverse the vehicle in a safe manner if the driver were to comply with the requirements of those clauses; or

• (c) is the driver of a taxi plying for hire; or

• (d) is a person who—

  • (i) is engaged in the course of his or her employment in the delivery or collection of mail or newspapers or other goods, or the servicing of the vehicle, or meter reading or other similar duties, or spraying or other similar duties from the vehicle; and

  • (ii) for that purpose is required to alight from and re-enter the vehicle at frequent intervals, so long as the vehicle is travelling at a speed not exceeding 50 km per hour; or

• (e) is an enforcement officer or prison officer travelling with another person who is not an enforcement officer or prison officer in circumstances in which it is impracticable or undesirable to wear a seat belt.

(4) Clauses 7.6, 7.7, 7.8, and 7.10 do not apply to the driver of a bus.

(5) The requirements of clause 7.6 do not apply to a driver (whether imposed in respect of himself or herself or any child), or to a passenger in any vehicle, if the driver—

• (a) is driving a passenger service vehicle in which no appropriate child restraints are available; or

• (b) is driving a goods vehicle having an unladen weight exceeding 2 000 kg in which no seat belts are available; or

• (c) is driving a motor vehicle first registered before 1 January 1955 in which no seat belts are available; or

• (d) is driving a motorcycle; or

• (e) is driving a motor vehicle that is being used by an enforcement officer in the execution of the officer's duty.

(1) A person must not drive or ride on an all terrain vehicle, on a motorcycle, in a sidecar, or on a moped on a road unless the person is wearing a safety helmet of an approved standard that is securely fastened.

(1A) However, subclause (1) does not apply in respect of the driver or rider of an all terrain vehicle if—

• (a) the all terrain vehicle is fitted with a roll bar; and

• (b) the driver and every rider are each—

  • (i) occupying a seat equipped with a seat belt; and

  • (ii) wearing that seat belt (unless, in the case of the driver, he or she is not required to do so under clause 7.11(3)(b)); and

  • (iii) while the vehicle is in motion,—

    • (A) wearing that seat belt correctly, so that he or she is properly restrained; and

    • (B) keeping that seat belt securely fastened.

(2) The approved standards for safety helmets are—

• (a) UN/ECE Regulation No 22, Uniform provisions concerning the approval of protective helmets and their visors for drivers and passengers of Motor Cycles and Mopeds (E/ECE324–E/ECE/TRANS/505/Rev.1/Add.21):

• (b) Australian Standard AS 1698, Protective helmets for vehicle users:

• (c) New Zealand Standard NZ 5430, Protective helmets for vehicle users:

• (d) Snell Memorial Foundation, Helmet Standard for use in motorcycling:

• (e) Federal Motor Vehicle Safety Standard No 218, Motor-cycle helmets:

• (f) British Standard BS 6658, Specification for protective helmets for vehicle users (for type A helmets only):

• (g) Japan Industrial Standard T8133.

(3) The approved standard in subclause (2)(e) applies only to motorcycle safety helmets that are manufactured and purchased in the United States of America.

(4) A safety helmet must comply with the version of an approved standard for safety helmets that is—

• (a) applicable in the relevant standard-setting jurisdiction to the date of manufacture of the safety helmet or as specified in the standard; or

• (b) a more recent version of the standard if the safety performance of the safety helmet is not adversely affected.

(5) An approval of a safety helmet under the Traffic Regulations 1976 that was published in the Gazette before 27 February 2005 remains valid after this rule comes into force.

(6) In proceedings for an offence of breaching this clause, proof that a safety helmet worn by the defendant did not bear a standard specification mark or a registered trademark is, until the contrary is proved, sufficient evidence that the helmet was not of an approved standard.

(7) A safety helmet must be free from damage, wear, tear, or modifications that may adversely affect its safety.

(8) A person is not in breach of subclause (1) if the person proves that at the time of the commission of the alleged breach he or she was an adherent of the Sikh religion.

(9) Subclause (8) does not apply if the vehicle was being driven at a speed exceeding 50 km per hour.

(1) Clause 7.12 does not apply to the driver or rider of an all terrain vehicle, a motorcycle, or a moped while it is being used at a speed not exceeding 30 km per hour to travel from one part of a farm to another part of the same farm or from one farm to another adjoining farm which is owned or occupied by the same person.

(2) For the purposes of subclause (1), farms must be regarded as adjoining even though they may be separated by a road, a railway, or a watercourse.

(3) Clause 7.12 does not apply to any driver of or rider on an all terrain vehicle, a motorcycle, or a moped who is—

• (a) driving or riding in accordance with the terms and conditions of any certificate of exemption issued by the Agency under clause 7.14; and

• (b) carrying that certificate of exemption; and

• (c) travelling at a speed not exceeding 50 km per hour.

(1) The Agency may issue a certificate of exemption from the requirement in clause 7.12 to wear a safety helmet to any person who produces a medical certificate, issued by a registered medical practitioner not more than 60 days before the date on which the person applies to the Agency, to the effect that the person is unable, because of a medical condition, to wear a safety helmet.

(2) A certificate of exemption is current for a period not exceeding 2 years, and is subject to any terms and conditions that the Agency thinks fit to impose.

A driver or passenger of an all terrain vehicle, a motorcycle, or a moped on any road who is wearing a safety helmet must immediately produce the helmet for inspection on the demand of an enforcement officer, and must, if so required, hand it to the enforcement officer for that purpose.

(1) This clause applies if any of the following falls or escapes from a vehicle on a road:

• (a) a slippery substance:

• (b) a piercing or dangerous substance:

• (c) glass:

• (d) any other substance of any kind that, because of its size or nature, constitutes or could constitute a danger to road users.

(2) If removal of the substance or glass can be achieved quickly and safely, the driver of any vehicle involved must immediately remove it or cause it to be removed.

(3) If removal of the substance or glass cannot be achieved quickly and safely and there is a likelihood of harm being caused to the public or to any person, the driver of any vehicle involved must warn the public or report the occurrence immediately to the nearest Police station or to a constable.

(4) If all the drivers of the vehicles involved are physically incapacitated and unable to comply with subclause (2) or subclause (3), a person removing any vehicle concerned from the scene must comply with subclause (2) or subclause (3) (as the case requires).

(1) This clause—

• (a) applies if the driver of a motor vehicle (vehicle A) is following another vehicle (vehicle B); but

• (b) does not apply where the speed limit is 50 km per hour or less.

(2) The driver of vehicle A must, except when overtaking vehicle B with the intention of passing it, keep a sufficient distance from vehicle B to enable the driver of any other vehicle to overtake and pass vehicle A and then move in behind vehicle B when conditions are such that this can be done safely.

(1) A driver of a light vehicle on a road must not tow more than 1 trailer.

(2) For the purpose of subclause (1), trailer includes a vehicle normally propelled by mechanical power which is being temporarily towed without the use of its own power.

(3) However, a driver of a tractor on a road may tow up to 2 light vehicles so long as the tractor manufacturer's ratings are not exceeded.

(4) A driver must not, during the hours of darkness, tow a vehicle other than a trailer unless the towed vehicle is fitted with a lamp displaying a white light to the front sufficient to show the towing connection and with a rear position lamp complying with the provisions of any applicable enactment.

(4A) A driver must not, during the hours of darkness, tow a trailer fitted with a position lamp or lamps unless the lamp or lamps are displayed.

(5) A driver must not operate a motor vehicle towing a trailer unless—

• (a) the trailer is safely and securely attached by an adequate towing connection to the rear of the towing vehicle; and

• (b) all components of the towing connection are connected as required by any enactment that applies to the situation.

(6) A driver must not tow a motorcycle or an all terrain vehicle unless that motorcycle or all terrain vehicle is mechanically disabled.

(7) If the brake of a trailer must be connected to a towing vehicle to enable the brake of that towing vehicle, or the brakes of that towing vehicle and trailer, to operate correctly and effectively, the driver of that towing vehicle must ensure that—

• (a) the connection is adequate; and

• (b) the equipment required to establish and maintain an adequate connection complies with any relevant equipment standards specified in any regulations or any other rules made under the Act.

A driver may not drive a vehicle fitted with an outrigger on a road unless the outrigger is fully retracted and locked.

A driver may not drive a vehicle fitted with a dual steering system from the left-hand driving position unless that driver is—

• (a) carrying out the task for which the vehicle was constructed; or

• (b) evaluating or testing the vehicle, including (but not limited to) carrying out a road test in connection with inspection and certification.

(1) A driver must not operate a motor vehicle on or in which is carried any firearm, airgun, or restricted weapon (as defined in section 2 of the Arms Act 1983) that is loaded with a bullet, cartridge, missile, or projectile, whether in its breech, barrel, chamber, or magazine.

(2) Subclause (1) does not apply in relation to the carriage of firearms—

• (a) for Police purposes; or

• (b) for the purposes of the New Zealand Defence Force; or

• (c) under the authority of a permit issued by a constable who is of or above the level of position of inspector.

A road user must exercise due care towards—

• (a) a person—

  • (i) moving animals on a road; or

  • (ii) riding an animal on a road; and

• (b) that person's animals.

(1) This clause applies to the driver of a small passenger service vehicle that is fitted with 1 or more child safety locks.

(2) The driver must ensure that a sign approved by the Agency is displayed at the handle on the outside of each door that is fitted with a child safety lock.

(3) The driver must ensure that a child safety lock is used only at the request of—

• (a) the passenger nearest to the door fitted with the lock; or

• (b) a person responsible for the well-being of the passenger nearest to the door fitted with the lock.

(1) A driver must not operate a motorcycle on a road unless adequate footrests are fitted for use by every person carried other than in a sidecar.

(2) A driver must ensure that, while the motorcycle is in motion on a road, footrests are used by any person carried for whom a footrest is required by subclause (1).

A driver must not operate a motor vehicle on a road unless that motor vehicle has a ready means of entrance and exit for every person that is carried in it.

(1) A person must not use vehicle lighting equipment in such a way that it dazzles, confuses, or distracts so as to endanger the safety of other road users.

(2) If a vehicle's headlamps are in use, a driver must dip those headlamps—

• (a) whenever they would be likely to interfere adversely with the vision of another driver in motion on a road; or

• (b) when approaching an intersection or other place where the traffic is or appears to be under the control of an enforcement officer; or

• (c) when the vehicle is parked.

(3) A driver, during the hours of darkness, must use the vehicle's headlamp or headlamps.

(4) A driver during the hours of darkness must use the vehicle's position lamp or lamps.

(5) This subclause applies to the driver of a moped or motorcycle manufactured on or after 1 January 1980. The driver other than during the hours of darkness must use the moped's or motorcycle's headlamps or, if fitted, the moped's or motorcycle's daytime running lamps.

(1) A driver may use a fog lamp only in conditions of severely reduced visibility, including fog or snow, but not under clear atmospheric conditions even during the hours of darkness.

(2) A person may use a work lamp only—

• (a) when the vehicle to which it is fitted is stationary or travelling slowly; and

• (b) to illuminate a work area or scene.

(3) The driver of a school bus displaying a specified school bus sign may operate the flashing lights on the sign only—

• (a) while the school bus is stopped for the purpose of picking up or dropping off school children; and

• (b) within 20 seconds before, and within 20 seconds after, the period for which the bus is stopped.

(1) A person must not operate a beacon fitted to a vehicle unless the beacon has been approved for fitting to the vehicle, and is—

• (a) a blue beacon or a red beacon fitted to a vehicle operated by an enforcement officer in the course of that officer's duty; or

• (ab) a blue beacon fitted to a vehicle operated by—

  • (i) a customs officer (as defined in section 2(1) of the Customs and Excise Act 1996) to exercise a power to stop conferred on the officer under section 144 of that Act; or

  • (ii) a fishery officer (as defined in section 2(1) of the Fisheries Act 1996) to exercise a power to stop conferred on the officer under section 199 of that Act; or

  • (iii) a ranger (as defined in section 2 of the Marine Reserves Act 1971) to exercise a power to stop conferred on the ranger under section 18 of that Act; or

• (b) a red beacon fitted to an emergency vehicle that is being operated in an emergency; or

• (c) a green beacon fitted to a vehicle operated by a registered medical practitioner or registered nurse or registered midwife while on urgent medical service; or

• (d) a white forward-facing beacon fitted to an emergency vehicle being operated in an emergency and that is also operating a red beacon or a blue beacon or both a red beacon and a blue beacon; or

• (e) an amber beacon or a purple beacon fitted to a vehicle operated in compliance with Land Transport Rule 41001: Vehicle Dimensions and Mass 2002; or

• (f) an amber beacon fitted to a vehicle operated in accordance with a traffic management plan approved by a road controlling authority; or

• (g) an amber beacon fitted to a vehicle for use when the vehicle is stationary or being driven slowly and the operation of the beacon is necessary to warn other road users of a hazard due to the presence of the vehicle or of persons carrying out a lawful activity on the road in the vicinity of the vehicle.

(1A) Subclauses (1B) and (1C) apply to an agricultural motor vehicle that—

• (a) was first registered on or after 1 June 2013; and

• (b) is not an agricultural trailer.

(1B) The driver of a vehicle to which this subclause applies must, at all times when that vehicle is being operated, use 1 or more amber beacons, the light from which must be clearly visible from both the front and the rear of the vehicle for a distance of not less than 100 metres.

(1C) However, if the beacon or beacons are obscured by an agricultural trailer towed by, or an implement fitted to, the vehicle referred to in subclause (1B), the driver must also use 1 or more illuminated amber beacons on the trailer or implement, as the case may be, so as to ensure full compliance with subclause (1B).

(1D) To avoid doubt,—

• (a) a driver who complies with subclause (1C) does not commit an offence for failing to comply with subclause (1B):

• (b) subclauses (1B) and (1C) do not limit the requirements of subclause (1)(g).

(2) A device that allows headlamps to flash alternately may be used by—

• (a) an emergency vehicle being operated in an emergency:

• (b) a pilot vehicle being operated in compliance with Land Transport Rule 41001: Vehicle Dimensions and Mass 2002.

(3) The device referred to in subclause (2) may not be used during the hours of darkness.

The direction-indicator lamps on a motor vehicle may be flashed simultaneously as a hazard warning, but may be used only when the vehicle is—

• (a) stationary or, if the driver complies with clause 3.10(3) to (6), slow moving, and only to indicate a temporary hazard to traffic; or

• (b) a goods vehicle that is double-parked for trade purposes, to load or unload goods, and alternative access is not available, or it is unreasonable to require alternative access to be used; or

• (c) a small passenger service vehicle whose driver is in distress; or

• (d) a vehicle normally propelled by mechanical power while it is being towed without the use of its own power.

(1) 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

• (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.

(2) 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.

(3) The driver of a motor vehicle that is standing or has stopped on a road for a temporary purpose during the hours of darkness (for example, to enable the driver to read a map) must use either the forward-facing position lamp or lamps, or the dipped-beam headlamp or lamps.

A driver of a motor vehicle fitted with a forward windscreen must at all times keep the windscreen clean and clear so that the driver's view forward is not impeded or obstructed.

(1) An operator of a motor vehicle that is required to have a warrant of fitness or certificate of fitness must at all times when the vehicle is operated on a road keep the vehicle in a condition appropriate to the level required for the issue of that warrant or certificate (as the case may be).

(2) An operator of a motor vehicle is not in breach of subclause (1) if the operator proves that, at the time the vehicle was being driven,—

• (a) the vehicle was being operated solely for the purpose of—

  • (i) bringing it into compliance and the vehicle was safe to be operated for that purpose; or

  • (ii) obtaining a relevant certification and the vehicle was safe to be operated for that purpose; or

• (b) the operator did not know, and had no reasonable cause to suspect, that the vehicle was no longer equipped or in a condition to justify the issue for it of a warrant of fitness or certificate of fitness.

(3) If a motor vehicle is required by Land Transport Rule 35001/1: Vehicle Standards Compliance 2002 to have a certificate of loading, the vehicle must be operated in accordance with the loading and weight specifications and any conditions in the certificate of loading affixed to the vehicle.

(1) If a motor vehicle is required by Land Transport Rule 41001: Vehicle Dimensions and Mass 2002 to comply with a static roll threshold of at least 0.35 g and be certified for static roll threshold, the vehicle must be operated in accordance with the load height and gross mass limits that are specified on—

• (a) the certificate of loading; or

• (b) a static roll threshold compliance certificate issued by a vehicle inspector or inspecting organisation.

(2) If a motor vehicle is operated in accordance with a static roll threshold compliance certificate, the certificate must be—

• (a) carried in the vehicle; and

• (b) produced for inspection on demand by an enforcement officer.

(1) A person approaching or crossing a level crossing must keep a vigilant lookout for any approaching rail vehicle using the railway line.

(2) A driver must give way to a rail vehicle using the railway line that is approaching and within 800 m of the level crossing.

(3) A person must not walk or attempt to walk across a level crossing when there is a risk of that person being involved in a collision with a rail vehicle using the railway line.

(4) A person must not ride, drive, or attempt to ride or drive a vehicle or animal on or across a level crossing when there is a risk of that vehicle or animal being involved in a collision with a rail vehicle using the railway line.

(5) [Revoked]

(1) A driver approaching a level crossing that is controlled by a stop sign must—

• (a) stop the driver's vehicle in a position and for a time that enables the driver to ascertain whether the line is clear; and

• (b) remain stationary until the way is clear to proceed.

(2) A driver approaching a level crossing that is controlled by a give-way sign must give way to any rail vehicle that is approaching or crossing the level crossing.

(3) While a steady red signal in the form of a disc or 2 alternately flashing red signals in the form of a disc are displayed at a level crossing, a driver facing the signals must not enter the controlled area.

(4) While a warning device in the form of a barrier arm is for the time being lowered at a level crossing, a driver facing the barrier arm must not enter the controlled area.

A driver must not enter a level crossing when the driver's intended passage through the crossing or intended exit is blocked by traffic.

(1) This clause applies to—

• (a) a large passenger service vehicle being used on any road for the carriage of passengers (with or without goods); or

• (b) the carriage of school children on any road in a school bus.

(2) Before entering a level crossing, the driver of a vehicle to which this clause applies must—

• (a) stop clear of the line; and

• (b) take adequate observations to ensure that the line is clear.

Clause 9.4 does not apply if—

• (a) the road controlling authority has installed at the level crossing a sign indicating that vehicles are not required to stop in accordance with that clause; or

• (b) barrier arms are installed at the level crossing; or

• (c) a traffic signal producing a steady red signal in the form of a disc or 2 alternately flashing red signals is installed at the level crossing.

(1) A driver approaching a pedestrian crossing must—

• (a) give way to pedestrians, and to riders of wheeled recreational devices or mobility devices,—

  • (i) on the pedestrian crossing; or

  • (ii) obviously waiting to cross it and who are not behind a school patrol sign; and

• (b) if necessary, slow down and stop the driver's vehicle for that purpose.

(2) A driver approaching a pedestrian crossing must not enter the crossing if the driver's intended passage is blocked by stationary traffic.

(3) For the purposes of this clause, if a pedestrian crossing is interrupted by a raised traffic island, the parts of the crossing that are situated on different sides of that traffic island must be regarded as separate pedestrian crossings.

(4) This clause does not apply to a pedestrian crossing that is for the time being controlled by an enforcement officer.

(1) A driver of a vehicle entering or proceeding along or through a shared zone must give way to a pedestrian who is in the shared zone.

(2) A pedestrian in a shared zone must not unduly impede the passage of any vehicle in the shared zone.

(1) A pedestrian must, at all times when practicable, remain on the footpath if one is provided.

(2) A driver must not drive a mobility device on any portion of a roadway if it is practicable to drive on a footpath.

(3) A pedestrian or driver of a mobility device or a wheeled recreational device using the roadway must remain as near as practicable to the edge of the roadway.

(4) A driver of a mobility device or wheeled recreational device on a footpath—

• (a) must operate the device in a careful and considerate manner; and

• (b) must not operate the device at a speed that constitutes a hazard to other footpath users.

(5) A person using a wheeled recreational device on a footpath must give way to pedestrians and drivers of mobility devices.

(6) A pedestrian must not unduly impede the passage of—

• (a) a mobility device or wheeled recreational device permitted to use the footpath by this clause; or

• (b) a moped or motorcycle permitted to use the footpath by clause 2.13(2).

(1) This clause applies to a path that—

• (a) may be a cycle path, a footpath, or some other kind of path; and

• (b) may be used by some or all of the following persons at the same time:

  • (i) pedestrians:

  • (ii) cyclists:

  • (iii) riders of mobility devices:

  • (iv) riders of wheeled recreational devices.

(2) A person using the path—

• (a) must use it in a careful and considerate manner; and

• (b) must not use it in a manner that constitutes a hazard to other persons using it.

(3) A rider of a cycle, mobility device, or wheeled recreational device on the path must not operate the cycle or device at a speed that constitutes a hazard to other persons using the path.

(4) If a sign or marking on the path gives priority to pedestrians or cyclists, the following rules apply on the path:

• (a) pedestrians, riders of mobility devices, and riders of wheeled recreational devices must give priority to cyclists if the sign or marking gives priority to cyclists:

• (b) cyclists must give priority to pedestrians, riders of mobility devices, and riders of wheeled recreational devices if the sign or marking gives priority to pedestrians:

• (c) no user may unduly impede the passage of any other user, whatever priority the sign or marking gives.

A person must not,—

• (a) while waiting to board a light rail vehicle, stand on any part of a roadway other than a safety zone; or

• (b) for the purpose of boarding a light rail vehicle, proceed from a footpath towards the vehicle until the vehicle has stopped.

(1) A pedestrian or rider of a mobility device must not cross a roadway otherwise than on a pedestrian crossing or at a school crossing point, at an underpass, or on a footbridge when a pedestrian crossing or school crossing point, an underpass, or a footbridge is reasonably available to the pedestrian for that purpose within a distance of 20 m.

(2) If pedestrian traffic on any part of any roadway is controlled by traffic signals, a pedestrian must not cross any other part of that roadway that is within 20 m of the part controlled by traffic signals.

(3) This clause is subject to clause 11.4.

(1) A pedestrian or rider of a mobility device or wheeled recreational device who crosses a roadway elsewhere than on a pedestrian crossing or at a school crossing point must, whenever possible, cross at right angles to the kerb or side of the roadway.

(2) This clause does not apply at an intersection controlled by traffic signals if the pedestrian or rider is complying with a notice, sign, or marking maintained by the road controlling authority and indicating that such persons may or should cross otherwise than at right angles.

A pedestrian or a rider of a mobility device or wheeled recreational device must not suddenly enter a pedestrian crossing when an approaching vehicle is so close to the pedestrian crossing that the driver of the vehicle is unable to give way to the pedestrian or the driver or rider of the device.

A pedestrian or rider of a mobility device or wheeled recreational device must not remain on the roadway, including a pedestrian crossing or school crossing point, longer than is necessary for the purpose of crossing the roadway with reasonable dispatch.