Local Government Act 1989 -
SCHEDULE 11
POWERS OF COUNCILS OVER
TRAFFIC
1. Powers concerning parking
(1) A Council may fix, rescind
or vary-
(a)
the days, hours and periods of time for which, and the conditions on
which, vehicles may stand in a parking area
in any highway or other
parking area; and
(b)
fees for any vehicles standing in a parking area and the manner of
payment of those fees; and
(c) the
fee for residents of any area which the Council sets aside as an
area in which a resident parking scheme
is to operate that allows a
vehicle to stand in a parking area in
any road in the area regardless
of the fixed parking periods for that
area.
(2) In this clause highway and
parking area have the meanings they have in the
Road
Safety Act 1986 (or any regulations made under that Act).
2. Power to issue special
parking permits
A Council may issue a special
parking permit to any disabled person to enable
him or her to leave a vehicle
standing on different conditions from those
fixed under any part of clause
1.
3. Power to remove
unregistered or abandoned vehicles
(1) A Council may-
(a)
move or impound any unregistered vehicle or vehicle considered by it
to be abandoned (and anything in, on or
attached to, the vehicle);
(b)
keep the vehicle in the place to which it has been moved or any other
place;
(c)
return the vehicle to its owner on payment of a fee; and
(d)
sell, destroy or give away the vehicle (and anything in, on or
attached to, the vehicle) if the
owner of the vehicle has not paid the
fee within 7 days of the Council
impounding the vehicle.
(2) The Council, and anyone
who obtains the vehicle from the Council under
subclause (1)(d), is not
liable to the
owner of the vehicle or any other
person in respect of any
action taken under that subclause.
(3) The fee set for the
purposes of subclause (1)(c) must not exceed an amount
that reasonably represents the
cost to the Council of impounding, moving,
keeping and releasing the
vehicle (including any relevant overhead and other
indirect costs).
4. Power to move obstructing
vehicles
A Council may move or impound
any vehicle that is causing an unlawful
obstruction, or that is
unlawfully parked or left standing in an area
designated by the Minister,
and may charge the
owner of the vehicle a fee of
up to the amount of the fee
set for the purposes of clause 3(1)(c).
5. Power to move other
obstructions
A Council may-
(a)
move any thing that encroaches on or obstructs the free use of a road
or that reduces the breadth, or
confines the limits, of a road
(including any thing placed on the road
under clause 9, 10 or 11);
(b)
require any person responsible for, or in control of, the thing to
move it.
6. Power to restrict traffic
near a construction site
For the purposes of enabling
works to be carried out on or over a road, or
land next to a road, a Council
may-
(a)
fence off and occupy part of the road;
(b) erect
a structure or temporary crossing for vehicles on, or over, the
road;
(c)
permit a person to do anything the Council may do under paragraph (a)
or (b).
7. Power to close road on
seasonal basis
A Council may close a road, or
part of a road, for a particular period during
the year.
8. Power to erect and remove
works and structures
(1) A Council may erect and
remove any works or structures-
(a)
to protect passengers, pedestrians and drivers on a road; or
(b)
to regulate traffic on a road.
* * * * *
9. Power to place obstructions
or barriers on a road permanently
(1) A Council may block or
restrict the passage or access of vehicles on a
road by placing and
maintaining any permanent barrier or other obstruction on
the road.
(2) A Council must not
exercise this power unless it has considered a report
from the Roads Corporation
concerning the exercise of the power.
(3) The exercise of this power
is subject to any direction of the Minister.
(4) This clause does not apply
to a freeway or an arterial road within the
meaning of the Road
Management Act 2004, unless the Council has the consent of
the Roads Corporation.
10. Power to place obstructions
or barriers on a road temporarily
(1) A Council may block or
restrict the passage or access of vehicles on a
road by placing and
maintaining any temporary barrier or other obstruction on
the road-
(a)
for as long as is necessary to prevent any injury to any person or
damage to any property (including
damage to the road itself); or
(b)
for as long as is necessary for a procession, public ceremony or
function; or
(c)
for a genuine traffic diversion experiment.
(2) A Council must not
exercise the power given to it under subclause (1)(c)
unless it has considered a
report from the Roads Corporation concerning the
exercise of the power.
(3) This clause does not apply
to a freeway or an arterial road within the
meaning of the Road
Management Act 2004, unless the Council has the consent of
the Roads Corporation.
11. Powers concerning shopping
malls
A Council may declare a road,
or a part of a road, to be a shopping mall and
may prohibit or restrict the
entry of motor vehicles into any such mall.
12. Power to restrict use of
road by vehicles of a certain size etc.
(1) A Council may prohibit or
restrict the use of a road by any motor vehicle
of, or over, a certain size or
weight.
(2) Despite anything to the
contrary in section 223, if in the opinion of the
Council the use of a road by
motor vehicles of, or over, a certain weight
poses an immediate risk of
danger to people or damage to property (including
damage to the road itself),
the Council may exercise a power under this clause
before it makes a final
decision on the exercise of the power.
13. Power to determine speed
limits
A Council may determine speed
limits for vehicles on a road.
14. Power to prohibit traffic
on unsafe roads
A Council may prohibit or
restrict traffic on a road that it considers is
unsafe for that traffic.
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