Bylaws Part 20: Transport Stations

The objective of this Bylaw is to provide for parking to be set aside for the particular use of public transport operators. It also provides for licensing of operators to use areas set aside as Transport Stations. This Bylaw is made under the Transport Act 1962 and the Local Government Act 2002.

1.0 Short title and commencement

1.1 The title of this bylaw is the Hastings District Council Transport Stations Bylaw 2007, being part 20 of the Hastings District Council Bylaws.

1.2 This bylaw comes into force on 1 October 2007 and the Transport Stations Bylaw being Part 20 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.

2.0 Scope

2.1 The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.

2.2 This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.

3.0 Definitions

COUNCIL means the Hastings District Council or a duly authorised officer of the Council.

MOTOR VEHICLE

(a) Means a vehicle drawn or propelled by mechanical power; and

(b) Includes a trailer; but

(c) Does not include-

(i) A vehicle running on rails; or
(ii) A trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or
(iii) A trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
(iv) A vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
(v) A pedestrian-controlled machine; or
(vi) A vehicle that the Director of Land Transport has declared under section 168A of the Land Transport Act 1998 is not a motor vehicle; or
(vii) A mobility device.

PASSENGER SERVICE LICENCE shall have the meaning assigned by the Transport Services Licensing Act 1989.

TRANSPORT SERVICE VEHICLE means any goods service vehicle, passenger service vehicle, rail service vehicle, rental service vehicle or vehicle recovery service vehicle.

TRANSPORT STATION means a place where transport service vehicles, or any class of transport-service vehicles, may wait between trips and includes all necessary approaches and means of entrance to and egress from any buildings, ticket offices, waiting rooms, cloak rooms, structures, appliances and other facilities as the Council considers to be necessary or desirable for the efficient use of that place for that purpose.

VEHICLE

(a) Means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved; and

(b) Includes a hovercraft, a skateboard, in-line skates, and roller skates; but

(c) Does not include-

(i) A perambulator or pushchair:
(ii) A shopping or sporting trundler not propelled by mechanical power:
(iii) A wheelbarrow or hand-trolley:
(iv) A pedestrian-controlled lawnmower:
(v) A pedestrian-controlled agricultural machine not propelled by mechanical power:
(vi) An article of furniture:
(vii) A wheel-chair not propelled by mechanical power:
(viii) Any other contrivance specified by the Land Transport Act 1998 not to be a vehicle for the purposes of this definition:
(ix) Any rail vehicle

4.0 Transport stations

4.1 The Council may from time to time by resolution -

(a) Appoint, set aside or reserve any portion of street, or any area vested in it, as a transport station.

(b) Prescribe fees to be paid in respect of applications for licences for the use of transport station and may from time to time revoke or alter such fees.

(c) Impose conditions in respect of the use of transport stations.

(d) Grant licences upon such conditions as it thinks fit for the use of such transport stations.

(e) Add to, revoke, amend, or vary any such appointment, setting aside or reservation, or any of such conditions.

(f) Revoke or cancel any such licence.

5.0 Use of transport stations

5.1 No person (or authorised agent) not being the holder of a licence issued under this Part of this Bylaw or otherwise authorised by Council, shall stop, or wait on, or use any transport station, or portion of it.

5.2 The owner or driver of any vehicle which, without being authorised by this Part of this Bylaw to do so, stops or waits on or uses any transport station, shall on demand by any duly authorised officer of Council, immediately remove such vehicle from such transport station.

5.3 Drivers of vehicles authorised to occupy any stand shall take their station on the stand in order of their arrival, and when any such vehicle shall leave any stand the driver of the vehicle immediately behind it shall move forward and take the place of the vehicle which left.

6.0 Licensing of vehicles

6.1 Every application for a licence as required by this Part of this Bylaw shall be accompanied by the prescribed fee and signed by the holder of the passenger service licence.

6.2 The application may be made and signed on behalf of any number of licensees by a corporate body which provides for licences and of which licensees are members.

6.3 Upon receipt of such application accompanied by the prescribed fee the Council may issue to the applicant a licence subject to such conditions as Council may determine.

6.4 Every such licence shall remain in force until the 30th day of June following the date of issue unless cancelled or revoked.

7.0 Cancellation or suspension of licences

7.1 If at any time the holder of a licence issued under this Bylaw, or person otherwise authorised by Council to use a transport station shall be convicted of any offence relating to his or her character or conduct, whether for a breach of this Part of this Bylaw or otherwise, or if such holder shall in the opinion of a duly authorised officer of Council be considered unfit to hold such licence, Council may give notice in writing to such holder requiring him or her to appear before Council's Hearings Committee at a time and place to be fixed in such notice to show cause why such licence should not be cancelled or suspended.

7.2 No person shall be required to appear less than 7 days after the service of such notice. The Council may at such time and place after hearing such holder or his representative, or in default of his or her appearance, cancel such licence or suspend the same for such time as it considers necessary.