Hello Hugh

 

Thank you for your email in relation to red light policies.

 

The Land Transport (Road User) Rule 2004 (Road User Rule) sets down the
requirements in relation traffic laws in New Zealand with the Official New
Zealand Road Code providing a user-friendly guide to the laws set down in
the Road User Rule along with best practice.

 

Due to the number of situations that can occur on the road, the Road User
Rule does not provide a law every situation but more than one part or
section of the Rule may be applicable within one instance. However,
enforcement agencies (such as the NZ Police) have discretionary powers
which enables them to issue an infringement notice where a particular
traffic rule hasn’t been adhered to. If there is an instance where an
infringement is disputed, the courts would consider the situation based on
the traffic laws which may have been applied, along with the traffic, the
environment, the weather, road conditions, etc., at the time.

 

As you may be aware, the below sections of the Road User Rule outlines the
requirements when a driver is presented with a yellow signal at traffic
lights:

 

3.3 Traffic signals in form of arrow

 

(2) While a yellow signal in the form of an arrow is displayed,—

  (a) a driver facing the signal must not enter the controlled area and
must not make the movement indicated by the signal, unless the driver
intends to proceed in the direction indicated by the signal and, when the
signal first appears, the driver’s vehicle is so close to the controlled
area that it cannot safely be stopped before entering the area:

 

3.2 Traffic signals in form of disc

 

(4) While a steady yellow signal in the form of a disc is displayed,—

  (a)  a driver facing the signal must not enter the controlled area while
the signal is displayed unless the driver’s vehicle is, when the signal
first   appears, so close to the controlled area that it cannot safely be
stopped before entering the area:

 

The above sections of the Road User Rule can be found via:
[1]www.legislation.govt.nz/regulation/public/2004/0427/67.0/DLM302188.html#DLM303062

 

As above, a driver is required to stop on a yellow signal unless it is not
safe to do so. As there are no specific position where an infringement may
be issued or where fault may be laid, it would be up to the applicable
enforcement agency or the Courts to determine ‘fault’, as this is not the
place of the Transport Agency. As mentioned above, the Courts would need
to determine what laws would have needed to be applied at the time of the
instance, the traffic at the time, the environment, the weather, road
conditions, etc., at the time.

 

I hope that the above information provides clarification as to the
position of the Transport Agency but you may wish to seek independent
legal advice if you have had an instance where you’ve received an
infringement or an accident has occurred and you are wanting to establish
who was “at fault”.

 

Kind Regards

 

Dan Thomson / Senior Customer Access Representative       
Customer Service Centre   

P 0800 108 809

E [2][email address] / W [3]nzta.govt.nz

Palmerston North Office
Private Bag 11777, Palmerston North 4442, New Zealand 

 

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Thank you for contacting the NZ Transport Agency. We are experiencing
larger email volumes than normal so our response time has extended to 5-7
working days.

 

If you need to report a State Highway issue that requires urgent
attention, please call our 24/7 Highway Information Team on 0800 444 449.

 

If your email is urgent please call us on one of the following between 8am
and 6pm, Mon-Fri:

 

- Motor vehicle licensing 0800 108 809
- Driver licensing 0800 822 422
- Overseas +64 6 9536200
- Tolling 0800 40 20 20 (Mon-Fri 8am to 8pm and 9am to 5pm weekends) 

 

 

Safe travels

NZ Transport Agency

 

Find the latest transport news, information, and advice on our website:

[1]www.nzta.govt.nz

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References

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1. http://www.nzta.govt.nz/