Part 13: Parking control

Last updated: December 2007. This document ceases to be a controlled document when printed. Please refer to the current version at www.landtransport.govt.nz

3  Legal framework and implications

3.3   Implications of parking legislation

When stopping, standing or parking a vehicle, it must be done with due care and with reasonable consideration for other road users, regardless of whether the vehicle is attended or unattended. Furthermore, under the Road User Rule, where practicable, vehicles should be parked on the road margin (but not on a lawn, garden or other cultivation adjacent to, or forming part of, a road) rather than the roadway itself.

In certain circumstances, legislation requires that appropriate signs or markings be installed to denote parking restrictions or prohibitions and that these be applied in a uniform and consistent manner.

3.3.1   Parking signs and markings – general requirements

Parking signs or markings must be used when the RCA has made a bylaw or by some other means to prohibit the stopping of vehicles at all times.

Where parking prohibitions exist through other enactments (eg at fire hydrants, across driveways – see photo, close to corners, and on or near pedestrian crossings), the TCD Rule allows RCAs to install regulatory signs or markings to draw attention to the restriction (see also section 3.3 for more detail). The bylaw process however is recommended for the installation of such regulatory signs and markings.

Parking signs must be installed:

• when the RCA has prohibited or restricted the stopping of vehicles for specified periods of time; or
• when the RCA has prohibited the stopping of vehicles (either at all times of the day or for specified periods of time) to ensure the free flow of traffic movement, eg clearways.

It is not uncommon for a number of parking signs and supplementary plates to be combined onto a single post or other existing structure (eg lamp posts or buildings) – giving road users a range of information. Accordingly, when combining signs, it is important that the general overarching control ‘message’ is relayed back to the road user at the top of the series of sign combination, thereby creating a hierarchy of importance as outlined below:

The TCD Rule restricts the number of parking signs on the same posts to two, unless one of the signs is a ‘clearway’ or special vehicle lane sign, in which case three are permitted. However, supplementary information relating to the ‘type of control’ are not considered as separate signs and can therefore be included on the same post. The individual signs may be mounted on one plate, with the restriction of each sign separated by a continuous line.

Where a number of parking signs apply to the same spaces, it is recommended the most restrictive sign be at the top and the least restrictive at the bottom. For example, a clearway sign would appear above a reserved parking sign, which in turn would appear above a general time limit (at other times) sign.

3.3.2  Unsigned or unmarked parking restrictions

As indicated in section 3.2, there are a number of locations and situations where the stopping, standing or parking of a vehicle is contrary to the Road User Rule. However, such locations, as identified below, need not be specifically signed or marked unless the RCA considers it appropriate to do so or has determined parking may occur and has signed or marked this exception.

Bends, crests and dips

There are instances where parking on high-speed, high-volume roads or at unexpected locations will create a disruption to through traffic. Within the Road User Rule, drivers or people in charge of vehicles 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 RCA (subclause 6.3 (1)).

While there is no specific requirement for an RCA to mark such locations, the TCD Rule provides for an RCA to install No Stopping signage or markings where demand for parking has created these types of hazards.

Intersections

Parking within 6 m of an intersection can reduce visibility for other road users and is not permitted under subclause 6.3(2) of the Road User Rule. Again, while there is no legal requirement to provide road markings at such locations, RCAs may provide them where appropriate to help reinforce the need for vehicles to be kept clear of such locations.

Driveways

Drivers must not stop, stand or park their vehicles so that they obstruct driveways. Obstruction is defined as a vehicle being parked within 1 m of the side of the driveway (Road User Rule, clause 6.9). The TCD Rule does not require RCAs to mark or sign such locations and, in general, it is recommended they are not marked. However, an RCA may consider installing markings where there is high parking demand or sight visibility is an issue.

Pedestrian crossing facilities

A number of different types of pedestrian facilities are described in the TCD Rule:

• Marked pedestrian crossing (‘zebra crossing’): A pedestrian crossing or ‘zebra crossing’ must be marked in accordance with the TCD Rule, Schedule 2 (M1-1). The rule does not require that parking restrictions be applied to the approaches to the pedestrian crossing; however, the Road User Rule states drivers must not park (or stop) on, or within 6 m of the driver’s approach to, the marked pedestrian crossing.
• Other pedestrian facilities (eg refuges/traffic islands): under clause 6.7 of the Road User Rule, a driver or person in charge of a vehicle must not stop, stand or park the vehicle on a traffic island or flush median.
• School crossing points (‘kea crossings’): A school crossing point must be marked in accordance with the TCD Rule, Schedule 2 (M1-3), which sets out a number of parking restrictions around the crossing location (see figure 3.1).

Figure 3.1 Parking restrictions around kea crossings

Bus stops

Road users may not park, stand or stop on or within 6 m of a bus stop sign (Road User Rule, clause 6.8). Bus stops must be marked out where the space reserved for the bus extends for more than 6 m on either side of a single bus stop sign. Where bus stops are marked out, they should be marked in accordance with the TCD Rule Schedule 2 (M3-2). The standard layouts and traffic controls associated with bus stops are included in section 6.

Special vehicle lanes

Where part of a road is defined as a ‘special vehicle lane’ (such as a bus lane or cycle lane) for 24 hours, seven days a week, and is suitably marked or signed in accordance with the TCD Rule, no additional signing or marking to restrict or prohibit parking is legally required. In such cases, the driver or person in charge of a vehicle must not stop, stand or park the vehicle in a special vehicle lane unless the vehicle belongs to the permitted class of vehicle for which the lane is reserved and the stopping or standing of the vehicle is permitted by signs or markings (eg a bus stop within a bus lane).

For time-restricted special vehicle lanes, appropriate signs and markings are required to denote the parking restrictions in force outside of the hours of the operation of the special vehicle lane.

Fire hydrants

A driver or person in charge of a vehicle must not stop, stand or park the vehicle within 0.5 m of a fire hydrant (or, if the fire hydrant is below the surface of the road, within 0.5 m of the centre of the cover of the hydrant). However, a person is able to park within this location if someone who is capable of moving the vehicle remains with the vehicle, which can therefore be moved if necessary.
If a fire hydrant is outside the roadway, vehicles must not be stopped, stood or parked between the nearer edge of the roadway and any marking on the roadway indicating the presence of the fire hydrant if the hydrant is located within 6 m of the centre of marking indicating the presence of the hydrant.

Although not specifically required to be marked, an RCA may mark the fire hydrant to help ensure access is maintained.

At or near level crossings

Although not required to be marked and signed, vehicles must not park on a level crossing or near a level crossing so as to obscure the view that other road users may have of the crossing or a rail vehicle approaching the crossing.
Recommended practice in urban areas is to mark at least 20 m of No Stopping restriction, which can be extended to ensure signs and traffic control devices are visible from a safe stopping distance. In rural areas, No Stopping lines may also be marked on the approach to level crossings when the RCA considers parked vehicles may restrict visibility of traffic control devices from a safe stopping distance.

3.3.3  Road user obligations toward parking signs and markings

Legislation also requires a driver or a person in charge of the vehicle to obey certain requirements if appropriately signed or marked in accordance with the TCD Rule, as follows:

Parking at an angle

Where an RCA has indicated parking at an angle to the direction of the roadway by way of parallel lines to indicate the allowed direction (see section 6.2), a driver must not stand or park a vehicle (other than a cycle) other than in accordance with the direction indicated. Goods vehicles that exceed 6 m in length fitted with a flat deck or tray must not be stopped or parked at an angle to the direction of the road during hours of darkness, except if indicated as permissible by signs or markings.

Parking on footpaths/cycle paths/shared paths

Vehicles must not be stopped or parked on a footpath, cycle path or shared path with the exception of cycles and mobility devices. Cycles may be parked if indicated as permissible by signs or markings, or if cycle parking facilities are installed but a general exception for cycles and mobility devices exists provided when parked they do not unreasonably obstruct any other user of the footpath.

Reserved parking

Reserved parking is an area of roadway that has been reserved for parking by a specified class or classes of vehicles, activity or by class of road user. This relates to particular types of vehicles such as buses, taxis, goods vehicles and vehicles used by the disabled.

Such areas need to be reserved by the RCA through bylaw and must be signed by one or more appropriate parking signs adjoining the area (at any place or places that give a driver reasonable notice of the presence of the area) (see photo on right). The extent of the reserved area must (unless impracticable) also be marked by lines.

Loading zones

A loading zone is an area that has been designated by an RCA solely for the purpose of loading or unloading goods or passengers. Vehicles must not be left unattended for more than five minutes (or any longer period specified on a sign). The RCA must install appropriate signs and markings in accordance with the TCD Rule (see section 6).

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