Land Transport Rule - Land Transport Rule: Setting of Speed Limits 2017 54001| NZ Transport Agency

Land Transport Rule:

Setting of Speed Limits 2017

Rule 54001

Objective of the rule

Land Transport Rules are law produced by the NZ Transport Agency for the Minister of Transport. This is the public consultation (yellow) draft of Land Transport Rule: Setting of Speed Limits 2017 (Rule 54001).

If you wish to comment on this draft Rule, please see the information about making a submission in the accompanying explanatory material. The deadline for submissions is 5pm, Friday 16 June 2017.

Contents

Part 1 Rule requirements

Section 1 Preliminary provisions

Section 2 General procedure

Section 3 Categories of, range of, and default speed limits

Section 4 Permanent, holiday, and variable speed limits

Section 5 Additional procedural steps for certain speed limits

Section 6 Temporary speed limits

Section 7 Emergency speed limits

Section 8 Roads in designated locations

Section 9 Signs and road markings

Part 2 Definitions

Part 3 Schedules

Schedule 1 Road lengths for speed limits

Schedule 2 Repeater signs


Part 1 Rule requirements

Section 1 Preliminary provisions

1.1 Title

This Rule is Land Transport Rule: Setting of Speed Limits [2017].

1.2 Commencement

This Rule comes into force on [date to come].

1.3 Purpose

The purpose of this Rule is to—

(a) produce a nationally-consistent and evidence-based approach to speed management; and
(b) provide a mechanism for road controlling authorities to set safe and appropriate speed limits for roads in their jurisdictions; and
(c) encourage road controlling authorities to prioritise roads where achieving safe and appropriate travel speeds is likely to deliver the highest benefits in terms of safety outcomes, economic productivity, or both.

1.4 Revocation

Land Transport Rule: Setting of Speed Limits 2003 is revoked.

Section 2 General procedure

2.1 Functions and powers of Agency

2.1(1) The Agency must provide to road controlling authorities—

2.1(2) The Agency may, in accordance with this Rule,—

2.2 Role of road controlling authorities in reviewing and setting speed limits

2.2(1) A road controlling authority, for roads under its jurisdiction,—

2.2(2) In carrying out its functions under 2.2(1), a road controlling authority must consider the safe and appropriate speed limit for a road in accordance with this Rule.

2.3 Consulting on proposed speed limits

2.3(1) A road controlling authority must, in accordance with this clause and 2.4, consult in writing with persons that may be affected by an urban traffic area proposed under section 3 or a speed limit proposed under section 4 before—

2.3(2) The persons that must be consulted are—

2.3(3) A road controlling authority must allow a reasonable time for persons consulted under subclause (2) to make submissions on the proposed speed limit.

2.4 Additional information required when consulting on particular proposed speed limits

2.4(1) When consulting on a proposed holiday speed limit, the road controlling authority must inform any person being consulted of the periods during which the proposed speed limit is to apply.

2.4(2) When consulting on a proposed new urban traffic area or variation of an existing urban traffic area, the road controlling authority must inform any person being consulted of the following details:

2.5 Decision-making procedures and notification of set speed limits

2.5(1) A road controlling authority must set a speed limit (other than a temporary or an emergency speed limit) or designate an urban traffic area in accordance with this Rule by making a bylaw.

2.5(2) When a road controlling authority proposes to set a speed limit in accordance with 2.5(1) by making a bylaw under any enactment, the consultation required by 2.3 may be carried out at the same time as, or as part of, any consultative procedure in that enactment.

2.5(3) When deciding to set a speed limit, a road controlling authority must take account of submissions received during consultation on the proposed speed limit.

2.5(4) Following review and consultation, if a road controlling authority decides the existing speed limit is not the safe and appropriate speed limit for a particular road, it must either—

2.5(5) A road controlling authority must retain an existing speed limit if that speed limit is the safe and appropriate speed limit for the road.

2.5(6) Except for a temporary or an emergency speed limit, a road controlling authority must, at least 14 days before a speed limit comes into force, notify the Agency and the Commissioner that a speed limit has been set and provide them, in writing, with the following information:

2.5(7) After complying with 2.5(6), a road controlling authority must, as soon as practicable, supply in writing any other details requested by the Agency or the Commissioner that are relevant to the speed limit.

2.6 Registration of all speed limits except temporary speed limits

2.6(1) A road controlling authority must establish and maintain a register of speed limits that records all speed limits, except temporary speed limits, for the roads under its jurisdiction, including—

2.6(2) Information recorded in the register of speed limits must include—

2.6(3) A road controlling authority must make the register of speed limits available for inspection, at reasonable times, by members of the public on request.

2.6(4) Details of a speed limit that has been superseded by a new speed limit set in accordance with this Rule must be retained on the register of speed limits for at least seven years from the date on which the new speed limit came into force.

2.7 Records relating to setting of speed limits

When a road controlling authority sets a speed limit, other than a temporary speed limit, it must retain, for at least seven years from the date on which the new speed limit comes into force, data, correspondence, reports, and other records relating to the review, consultation, decision-making procedures, and setting of the speed limit.

2.8 Road controlling authority procedure

2.8(1) A road controlling authority must have processes to ensure quality control of its procedures for reviewing and setting speed limits.

2.8(2) The Agency may investigate road controlling authorities for compliance with this Rule.

2.8(3) The Agency must notify a road controlling authority in writing if it considers that the road controlling authority has not complied with this Rule, and give the road controlling authority a reasonable opportunity to respond to the notification.

2.8(4) If the Agency is not satisfied by a road controlling authority’s response under 2.8(3), the Agency may issue directions to the road controlling authority regarding matters to be addressed.

2.8(5) A road controlling authority must comply with directions given by the Agency under 2.8(4), 2.8(6), or 9.7, or with the requirements of the Agency or the Commissioner under 6.2(7) or 7.2(7).

2.8(6) If the Agency considers that a road controlling authority has not complied with this Rule in reviewing or setting a speed limit, or that a speed limit set by a road controlling authority does not comply with this Rule, the Agency may direct the road controlling authority to—

2.8(7) If a road controlling authority does not comply with directions given under 2.8(4), 2.8(6), or 9.7, or the requirements of 6.2(7) or 7.2(7), the Agency may exercise the appropriate responsibilities of a road controlling authority under this Rule and change, or modify the application of, a speed limit, by notice in the Gazette.

2.8(8) A road controlling authority is liable for the reasonable expenses incurred by the Agency under 2.8(7).

2.9 Traffic control devices

Before a speed limit comes into force on a road, a road controlling authority must ensure that all traffic control devices installed on the road—

2.10 Commencement of new or changed speed limit

2.10(1) Except for a temporary or an emergency speed limit, a speed limit is set, or an urban traffic area is designated, by a road controlling authority when it makes a bylaw setting a speed limit or designating an urban traffic area.

2.10(2) Except for a temporary or an emergency speed limit, a speed limit that is set, or an urban traffic area that is designated, by a road controlling authority comes into force on the date specified in the bylaw that sets the speed limit or designates the urban traffic area.

2.10(3) A speed limit or urban traffic area that is changed by the Agency by notice in the Gazette under 2.8(7) comes into force on the date specified in the Gazette notice.

2.11 Speed limits set under previous enactment

A speed limit set for a road, or an urban traffic area designated, by a road controlling authority prior to the commencement of this Rule remains in effect until, in accordance with this Rule,—

Section 3 Categories of, range of, and default speed limits

3.1 Categories of speed limit

This Rule provides for the following categories of speed limit:

3.2 Range of speed limits

A speed limit that is set in accordance with this Rule must be one of the following:

3.3 Road lengths for speed limits

3.3(1) A road for which a speed limit is set under this Rule must—

3.3(2) In addition to applying to the road which is being reviewed, a speed limit may apply to short lengths of road adjoining that road, even though those short lengths of road would not comply with the table in Schedule 1.

3.3(3) The point at which a speed limit changes must be at, or close to, a point of obvious change in the roadside development or the road environment.

3.4 Default urban and rural speed limits

3.4(1) The urban speed limit is 50 km/h and applies to any road that is within an area designated as an urban traffic area, except for—

3.4(2) The rural speed limit is 100 km/h and applies to any road that is a motorway and any road that is not within an area designated as an urban traffic area, except for a road described in subclause (3).

3.4(3) The roads to which neither subclause (1) nor (2) apply are—

3.5 Designation of area as urban traffic area

3.5(1) A road controlling authority may designate an area as an urban traffic area for the purpose of, and in accordance with, this Rule.

3.5(2) A road controlling authority—

Section 4 Permanent, holiday, and variable speed limits

4.1 Setting permanent, holiday, or variable speed limit

4.1(1) Clauses 4.2 to 4.6 specify the procedures for setting a permanent speed limit, a holiday speed limit, or a variable speed limit.

4.1(2) Clauses 4.4 to 4.6 do not apply to a road in a designated location within the meaning of 8.2.

4.1(3) A road controlling authority that wishes to set a variable speed limit, or a permanent or holiday speed limit that is a 70 km/h speed limit, a 90 km/h speed limit, or a 110 km/h speed limit, must comply with, in addition to the requirements of 4.4 to 4.6, the relevant requirements of section 5.

4.2 Agency must develop and maintain safe and appropriate speed information

4.2(1) The Agency must develop and maintain information about the safe and appropriate speed for roads in New Zealand.

4.2(2) In carrying out its functions under subclause (1), the Agency must have regard to—

4.3 Supply of safe and appropriate speed information to road controlling authorities

4.3(1) The Agency must supply, to each road controlling authority, information about the safe and appropriate speed for roads within that road controlling authority’s jurisdiction.

4.3(2) The Agency must, in supplying information under subclause (1), prioritise information about roads where achieving safe and appropriate travel speeds is likely to deliver the highest benefits in terms of safety outcomes, economic productivity, or both.

4.3(3) A road controlling authority may request from the Agency information about the safe and appropriate speed for any road within that road controlling authority’s jurisdiction and, if requested by a road controlling authority, the Agency must supply such information if that information is available.

4.4 Road controlling authority may review permanent, holiday, or variable speed limit

4.4(1) A road controlling authority may review a permanent, holiday, or variable speed limit.

4.4(2) In reviewing a permanent, holiday, or variable speed limit, a road controlling authority must have regard to—

4.5 Road controlling authority may propose permanent, holiday, or variable speed limit

4.5(1) A road controlling authority may propose a permanent, holiday, or variable speed limit.

4.5(2) A road controlling authority must notify the Agency before proposing a variable, 70 km/h, 90 km/h, or 110 km/h speed limit.

4.5(3) A road controlling authority must consult on a proposed speed limit in accordance with 2.3 and 2.4.

4.6 Road controlling authority may set permanent, holiday, or variable speed limit

4.6(1) A road controlling authority may set a permanent, holiday, or variable speed limit.

4.6(2) In setting a permanent, holiday, or variable speed limit, a road controlling authority—

Section 5 Additional procedural steps for certain speed limits

5.1 Variable speed limits

5.1(1) A variable speed limit relates to—

5.1(2) Before setting a variable speed limit, a road controlling authority must obtain approval from the Agency to set that speed limit.

5.1(3) The Agency may, by notice in the Gazette and subject to any specified conditions that the Agency considers appropriate, approve a variable speed limit.

5.1(4) After an approval has been made under subclause (3), a road controlling authority—

.

5.1(5) The Agency may, by notice in the Gazette, remove a variable speed limit that has been set by a road controlling authority.

5.2 70 km/h and 90 km/h speed limits

5.2(1) Before setting a 70 km/h or 90 km/h speed limit, a road controlling authority must obtain approval from the Agency to set that speed limit.

5.2(2) The Agency must, in considering a proposed 70 km/h or 90 km/h speed limit, take into account—

5.2(3) The Agency may, by notice in the Gazette and subject to any specified conditions that the Agency considers appropriate, approve a 70 km/h or 90 km/h speed limit.

5.2(4) After obtaining an approval under subclause (3), a road controlling authority—

5.2(5) The Agency may, by notice in the Gazette, remove a 70 km/h or 90 km/h speed limit that has been set by a road controlling authority.

5.2(6) Nothing in 5.2(1) to 5.2(4) affects a speed limit set before the commencement of this Rule.

5.3 110 km/h speed limits

5.3(1) Before setting a 110 km/h speed limit, a road controlling authority must obtain approval from the Agency to set that speed limit.

5.3(2) The Agency may, by notice in the Gazette and subject to any specified conditions that the Agency considers appropriate, approve a 110 km/h speed limit.

5.3(3) The Agency must not give approval under subclause (2) unless, in the Agency’s opinion, the road has been designed and constructed, and will be managed and operated to the standard necessary to safely support 110 km/h travel speeds.

5.3(4) After obtaining an approval under subclause (2), a road controlling authority—

5.3(5) The Agency may, by notice in the Gazette, remove a 110 km/h speed limit that has been set by a road controlling authority.

Section 6 Temporary speed limits

6.1 Criteria for setting temporary speed limits

6.1(1) A road controlling authority may set a temporary speed limit.

6.1(2) A road controlling authority—

6.2 How temporary speed limit is set, applies, and is removed

6.2(1) A temporary speed limit is set by installing signs in accordance with a traffic management plan approved in writing by the road controlling authority.

6.2(2) A temporary speed limit that is set in accordance with 6.1(2)(b) must be—

6.2(3) A temporary speed limit—

6.2(4) A road controlling authority that has set a temporary speed limit due to physical work occurring on or adjacent to the road that impacts the function of the road, or due to the presence of an unsafe road surface or structure, must take all practicable steps to ensure that a road user would reasonably understand the cause of the temporary speed limit being set.

6.2(5) A person who is authorised to install a temporary speed limit sign in accordance with the traffic management plan in 6.2(1) may remove a temporary speed limit sign.

6.2(6) A person in 6.2(5) must remove the temporary speed limit signs and equipment used to install or support the signs as soon as the person is satisfied that the reason for the temporary speed limit no longer applies.

6.2(7) The Agency or the Commissioner may, at any time, require the removal of a temporary speed limit and the removal of accompanying signs and equipment used to install or support the signs, if satisfied that—

6.3 Setting a temporary speed limit when there is physical work occurring on or adjacent to a road

6.3(1) A temporary speed limit that is set in accordance with 6.1(2)(b) due to physical work occurring on or adjacent to a road that impacts the function of the road must be safe and appropriate for—

6.3(2) A temporary speed limit that is set in accordance with 6.1(2)(b) due to physical work occurring on or adjacent to a road may apply for—

6.4 Setting a temporary speed limit when there is an unsafe road surface or structure

6.4(1) A temporary speed limit that is set in accordance with 6.1(2)(b) due to the presence of an unsafe road surface or structure must be safe and appropriate for—

6.4(2) A temporary speed limit that is set in accordance with 6.1(2)(b) due to the presence of an unsafe road surface or structure may apply for—

6.5 Setting a temporary speed limit for a special event

6.5(1) A temporary speed limit that is set in accordance with 6.1(2)(b) for a special event must be safe and appropriate for—

6.5(2) A temporary speed limit that is set in accordance with 6.1(2)(b) for a special event may apply for—


Section 7 Emergency speed limits

7.1 Criteria for setting emergency speed limits

7.1(1) In this section, emergency means a situation that—

7.1(2) A road controlling authority—

7.2 How emergency speed limit is set, applies, and is removed

7.2(1) An emergency speed limit is set and comes into force by installing signs in accordance with section 9 of this Rule.

7.2(2) An emergency speed limit set in accordance with 7.2(1) must be—

7.2(3) An emergency speed limit—

7.2(4) Within 10 working days of setting an emergency speed limit, a road controlling authority must, by notice in the Gazette, publish—

7.2(5) A road controlling authority may vary an emergency speed limit by—

7.2(6) If a road controlling authority fails to comply with 7.2(4) or 7.2(5), it must immediately remove any speed limit signs installed under 7.2(1).

7.2(7) The Agency or the Commissioner may, at any time, require the removal of an emergency speed limit and the removal of accompanying signs and equipment used to install or support the signs, if satisfied that—

7.2(8) An emergency speed limit that is set in accordance with 7.2(1) must be safe and appropriate in the circumstances of the emergency for—


Section 8 Roads in designated locations

8.1 Permanent speed limits for roads in designated locations

8.1(1) A road controlling authority must comply with this section when setting a permanent speed limit for a road under its jurisdiction in a designated location.

8.1(2) A speed limit set in accordance with this section must be—

8.1(3) Before setting a speed limit for a road in a designated location, a road controlling authority must—

8.1(4) After setting a speed limit for a road in a designated location, a road controlling authority must—

8.2 Designated location defined

In this section, a designated location is any of the following—


Section 9 Signs and road markings

9.1 Requirement to provide signs at, or near, point where speed limit changes

9.1(1) A road controlling authority must install a speed limit sign on the left-hand side of a road under its jurisdiction at or near, and not more than 20 m from, the point on the road where a speed limit changes.

9.1(2) If the estimated two-way annual-average daily traffic at the point where a speed limit changes exceeds 500 vehicles, the road controlling authority must also install a speed limit sign on the right-hand side of the road, or on the central median where appropriate, at or near, and no more than 20 m from, that point.

9.1(3) If a road user might not easily see, or readily understand or react to, a sign that is installed within 20 m of the point on the road where a speed limit changes, a road controlling authority may, despite 9.1(1) and 9.1(2), install speed limit signs more than 20 m, but as close to it as reasonably practicable, from that point.

9.1(4) A speed limit sign may be installed otherwise than as required by 9.1(1) if—

9.2 Requirement to provide repeater signs unless nature of road makes speed limit clear to road users

9.2(1) A road controlling authority must install speed limit signs where they will be easily seen by road users and to which they may readily react, with at least one sign being installed within each maximum length of road applying to the speed limits in—

9.2(2) A road controlling authority is not obliged to comply with 9.2(1)(a) in regards to any particular length of road if—

9.3 Specific requirements for permanent and holiday speed limit signs

9.3(1) For a new permanent speed limit or a holiday speed limit, the speed limit shown on the associated signs installed by the road controlling authority must not be visible to road users until the speed limit comes into force.

9.3(2) A road controlling authority must remove a sign for a holiday speed limit at the end of any period for which the holiday speed limit is in force.

9.4 Specific requirements for signs for variable speed limits

9.4(1) A road controlling authority, when setting a variable speed limit approved by the Agency, must install signs as specified by the Agency.

9.4(2) For a new variable speed limit, the speed limit shown on the associated signs installed by the road controlling authority must not be visible to road users until the speed limit comes into force.

9.5 Specifications for signs

The design, format, shape, colour, and size of a speed limit sign must comply with requirements for signs in Land Transport Rule: Traffic Control Devices 2004.

9.6 Road markings

A road controlling authority may mark on the road surface the applicable speed in numerals, in accordance with Land Transport Rule: Traffic Control Devices 2004.

9.7 Agency may direct road controlling authority to install, modify, or remove signage

The Agency may direct a road controlling authority to install, modify, or remove a speed limit sign to comply with this Rule.

Part 2 Definitions

(1) In this Rule,—

(2) A term that is used in this Rule and defined in the Act but not defined in this Rule has the meaning given in the Act.

Part 3 Schedules

Schedule 1 Road lengths for speed limits

Speed limit (km/h) Minimum length (m)
50 500
60 500
70 As approved by the Agency under 5.2
80 800
90 As approved by the Agency under 5.2
100 2000
110 As approved by the Agency under 5.3

Schedule 2 Repeater signs

Table 1 - Maximum length of road between repeater signs for permanent and holiday speed limits

Speed limit (km/h) Maximum length of road between signs (km)
60 2
70 2.4
80 2.7
90 3.0

Table 2 - Maximum length of road between repeater signs for temporary and emergency speed limits

Temporary or emergency speed limit (km/h) Maximum length of road between signs (km)
20 0.7
30 1
40 1.4
50 1.7
60 2
70 2.4
80 2.7
90 3.0

Land Transport Rule: Setting of Speed Limits 2017 54001
NZ Transport Agency, Waka Kotahi