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10: Speed Limits Bylaw
This Bylaw allows the Council to set speed limits by resolution, on all roads under its control and in certain designated locations specified in the Bylaw.
This Bylaw is made pursuant to section 684(13) of the Local
Government Act 1974, the Local Government Act 2002 and the
Land Transport Rule: Setting of Speed Limits 2003, and allows
the Council to set speed limits in relation to roads and
areas under its control in the district.
1.0 Short title and commencement
1.1 The title of this bylaw is the Hastings District Council Speed Limits Bylaw 2005, being part 10 of the Hastings District Council Bylaws.
1.2 The speed limits described in the schedules come into force 1 May 2005, at which time clause 5.13 of Part 6 (in relation to cemeteries), clause 9.4 of Part 14 (in relation to beaches), and clause 3.6 of Part 15 (in relation to reserves) of the Hastings District Council Consolidated Bylaws 1995 are repealed.
2.0 Scope
2.1 The purpose of this Bylaw is to provide for the maintenance of existing speed limits and to set speed limits on rural and urban roads and other designated locations under the control of Hastings District Council. This bylaw is made under the Local Government Act 2002.
2.2 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.
3.0 |
Definitions |
Bylaw Speed Limit means a speed limit for vehicle traffic imposed by the Council pursuant to clause 5.3 or 5.4 of this Bylaw. Council means the Hastings District Council Holiday Speed Limit means a maximum speed limit set under this bylaw that is in force 24 hours a day for a specified period, or periods. Owner means the person or entity listed as the 'ratepayer' for the property on the Council's Rating Information Database. Permanent Speed Limit means a maximum
speed limit set under this bylaw that is in force except
for when a holiday, variable, minimum or temporary
speed limit is in force. (i) a street; and Rural area means a road or a geographical area that is not an urban traffic area, to which the rural speed limit generally applies, as set out in schedule 3. Speed limit means; (b) for a minimum speed limit, the minimum speed at which a vehicle may legally be operated in a specified lane of a road; (c) an urban, rural, permanent, holiday, temporary, variable or minimum speed limit. Speed Limit for a Road in a Designated Location means a speed limit for vehicle traffic imposed by the Council pursuant to clause 5.6 of this Bylaw. Temporary Speed Limit means a speed limit that is in force for a period of less than six months and is set under this bylaw. Urban traffic area means an area designated under this bylaw consisting of one or more specified roads or a specified geographical area, to which the urban speed limit generally applies. Urban Speed Limit means a speed limit of 50km/h. |
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4.0 |
Application and ammendment of this bylaw |
4.1 |
This Bylaw applies to all roads and areas under the control and management of the Hastings District Council. |
4.2 |
This bylaw may be amended at any time in accordance with the bylaw making requirements of the Local Government Act 2002 and speed limits may be varied at any time in accordance with clauses 5.5 and 5.6 of the bylaw. |
5.0 |
Bylaw speed limits |
5.1 |
The roads or areas indicated on the speed limit plans numbered HDC 04001/1 – HDC04001/3 and identified in Schedules 1 – 3 of this bylaw are declared to be subject to the speed limits identified on those plans. |
5.2 |
In accordance with clause 10 of the Land Transport Rule: Setting of Speed Limits 2003, the roads identified on plans numbered HDCO4001/1–HDC O4001/3 as having a 50km/hour speed limit are designated as urban traffic areas and the existing 50km/hr speed limit is hereby validated. |
5.3 |
In accordance with clause 10 of the Land Transport Rule: Setting of Speed Limits 2003, the roads identified on plans numbered HDCO4001/1–HDC 04001/3 as having a 70km/hour speed limit will continue to have that speed limit. |
5.4 |
All other roads identified on plans numbered HDCO4001/1–HDCO4001/3 in Hastings District will have a speed limit of 100km/h. |
5.5 |
The Council may by resolution in accordance with clauses 6.1 and 6.2 make additions to or, alterations to, bylaw speed limits for any roads or areas identified in schedules 1, 2 or 3. The Council may set speed limits of 20, 30, 40, 50, 60, 70, 80, or 100km/h on any road or area within its district. |
5.6 |
The Council may by resolution in accordance with clauses
6.1 and 6.2 of this bylaw, make or alter bylaw speed
limits in any of the following Designated Locations:
(a) a car park Council may by resolution in accordance with clauses 6.1 and 6.2 of this bylaw also set holiday speed limits and temporary speed limits. From the date specified in clause 1 and until the
Council by resolution in accordance with clauses 6.1
and 6.2 of this bylaw alters the same the speed limit
(being a Speed Limit for a Road in a Designated Location)
in or on all reserves, beaches, and cemeteries within
the Hastings District shall be 20km/hour. |
5.7 |
Where a bylaw speed limit is set, areas to which the bylaw speed limit applies will be marked by notices or signs as required by Land Transport Rule: Setting of Speed Limits 2003. |
6.0 |
Resolutions |
6.1 |
If the Council chooses to create, amend or alter any bylaw speed limit by way of resolution under clause 5.5 or 5.6 of this Bylaw, the special consultative procedure set out in section 83 Local Government Act 2002 will be followed. |
6.2 |
Where the Council intends to pass a resolution under clauses 5.5 and 5.6 of this bylaw to set a speed limit for a particular road or area, then in addition to the requirements of section 83 Local Government Act the Council will also write to all relevant landowners and occupiers of property on the affected portion of road giving them the opportunity to submit and be heard. |
7.0 |
Offences |
7.1 |
Every person commits an offence against this Bylaw
who operates a vehicle in excess of the bylaw speed limits
set by this bylaw.
Note: Offences, penalties and fees relating to infringement
of speed limits are provided for in the relevant provisions
of the Land Transport Act 1998 and Transport Act 1962.
These do not change as a result of this Bylaw. |
Schedule 1: Urban traffic areas - 50 km/h
The roads or areas described in this schedule or as shown on a map referenced in this schedule are declared to be urban traffic areas that have a speed limit of 50 km/h, except for those roads or areas that are shown on a map as having a different speed limit, as referenced in the appropriate schedule of this Bylaw.
Speed Limit |
Description |
Date Speed Limit Comes into Force |
Legal Instrument |
Previous Legal Instrument |
50 km/h |
Hastings and Havelock North: All the roads within the area marked on the map titled “Speed Limits Hastings District”, number HDC04001/1 and identified in the legend as an urban traffic area having a speed limit of 50 km/h, except for state highways and those roads or areas that are marked on the said map and identified in the legend as having a different speed limit, as referenced in the appropriate schedule of this Bylaw. |
1 May 2005 |
Hastings District Council Speed Limits Bylaw |
Section 52(1) of the Transport Act 1962 and Notice in the New Zealand Gazette, 12/9/2002, No. 135, page 3631. |
50 km/h |
Puketapu, Bridge Pa, Clive, Paki
Paki, Te Awanga, Omahu and Fernhill, Whakatu, Haumoana,
and Waimarama:
All the roads within the area marked on the map entitled “Speed
Limits Hastings District”, number HDC04001/2 and
identified in the legend as an urban traffic area having
a speed limit of 50 km/h, except for those roads or areas
that are marked on the said map and identified in the
legend as having a different speed limit, as referenced
in the appropriate schedule of this Bylaw |
1 May 2005 |
Hastings District Council Speed
Limits Bylaw |
Section 52(1) of the Transport
Act 1962 and Notice in the New Zealand Gazette, 12/9/2002,
No. 135, page 3631. |
50 km/h |
Puketapu, Bridge Pa, Clive, Paki Paki, Te Awanga, Omahu and Fernhill, Whakatu, Haumoana, and Waimarama: All the roads within the area marked on the map entitled “Speed Limits Hastings District”, number HDC04001/2 and HDC04001/3 identified in the legend as an urban traffic area having a speed limit of 50 km/h, except for state highways and those roads or areas that are marked on the said map and identified in the legend as having a different speed limit, as referenced in the appropriate schedule of this Bylaw |
1 May 2005 |
Hastings District Council Speed
Limits Bylaw |
Section 52(1) of the Transport
Act 1962 and Notice in the New Zealand Gazette, 12/9/2002,
No. 135, page 3631. |
| 60 km/h | Twyford: All the roads within the area marked on the map titled “Speed Limits Hastings District”, number HDC04001/1 and identified in the legend as an urban traffic area having a speed limit of 60 km/h, except for state highways and those roads or areas that are marked on the said map and identified in the legend as having a different speed limit, as referenced in the appropriate schedule of this Bylaw. |
1 October 2006 | Hastings District Council Speed Limits Bylaw 2005 | N/A |
Schedule 2 : Urban and Rural - 70 km/h
The roads or areas described in this schedule or as shown
on a map referenced in this schedule are declared to have
a speed limit of 70 km/h.
Speed
Limit |
Description |
Date Speed
Limit Comes into Force |
Legal Instrument |
Previous Legal
Instrument |
70 km/h |
Hastings and Flaxmere, Havelock North, Pakowhai, Clive, Bridge Pa, Putorino, Waiohiki and Hastings District Council roads outside an urban traffic area listed in Schedule 1 have a speed limit of 70 km/h, except for roads or areas that are: (a) shown on a map HDC04001/1, HDC04001/2, and HDC04001/3 as having a different speed limit, as referenced in the appropriate schedule of this bylaw. |
1 May 2005 |
Hastings District Council Speed
Limits Bylaw |
Notice in the New Zealand Gazette, 12/9/2002, No. 135, page 3631 |
| 70 km/h | Waipatiki: All the roads within the area marked on the map titled “Speed Limits Hastings District”, number HDC04001/3 and identified in the legend as an urban traffic area having a speed limit of 70 km/h, except for those roads or areas that are marked on the said map and identified in the legend as having a different speed limit, including the period each year when a holiday speed limit applies as described in schedule 4. | 1 October 2006 | Hastings District Council Speed Limits Bylaw 2005 | N/A |
Schedule 3: Rural areas - 100 km/h
The roads or areas described in this schedule or as shown
on a map referenced in this schedule are declared to be rural
areas that have a speed limit of 100 km/h.
Speed
Limit |
Description |
Date Speed
Limit Comes into Force |
Legal Instrument |
Previous Legal
Instrument |
100 km/h |
All Hastings District Council roads outside an urban traffic area listed in Schedule 1 have a speed limit of 100 km/h, except for roads or areas that are: (a) shown on a map HDCO4001/1, HDCO4001/2, and HDCO4001/3 as having a different speed limit, as referenced in the appropriate schedule of this bylaw. |
1 May 2005 |
Hastings District Council Speed
Limits Bylaw |
Regulation 21(1) Traffic Regulations 1976.
Notice in the New Zealand Gazette, 12/9/2002, No.
135, page 3631 |
Schedule 4: Holiday Speed Limit 20 km/h
The roads or areas described in this schedule or as shown on a map referenced in this schedule are declared to be areas that have a speed limit of 20 km/h.
| 20 km/h | Waipatiki: All the roads within the area marked on the map titled “Speed Limits Hastings District”, number HDC04001/3 and identified in the legend as an urban traffic area having a speed limit of 20 km/h, except for those roads or areas that are marked on the said map and identified in the legend as having a different speed limit, as referenced in the appropriate schedule of this Bylaw. This speed limit applies annually from 1 December to the first Tuesday after the Easter holiday period. Outside of this period a speed limit of 70km/hr applies. | 1 October 2006 | Hastings District Council Speed Limits Bylaw 2005 | N/A |
This bylaw was made by the Hastings District Council at a meeting of the Council on 21 April 2005 and must be reviewed within 5 years from commencement.
