View sign language video versions of the Accessible Streets consultation’s Overview document below:
Waka Kotahi NZ Transport Agency and the Ministry of Transport are proposing a collection of rule changes known as the Accessible Streets Regulatory Package.
These rules are designed to:
Our proposed rules also support the Government Policy Statement on Land Transport and help road controlling authorities, like local councils, to better regulate their local areas.
Accessible Streets will create a national framework clarifying the types of vehicles and devices that are allowed on footpaths, shared paths, cycle paths and cycle lanes, and how they can use these spaces. This will include a 15km/h speed limit on the footpath and a requirement for all other footpath users to give way to pedestrians.
The rules also clarify how road controlling authorities may regulate pedestrians, devices and spaces like the footpath; and propose changes to the priority given to a range of road users to remove barriers to walking, device use and cycling.
CloseWe want to hear what you think.
You can tell us what you think by:
Make sure you tell us what you think by 5pm on Wednesday 22 April.
You can send us a video or email to accessible.streets@nzta.govt.nz
You can post us a letter for free to:
Accessible Streets 2020
Transport System Policy Team
FreePost 65090
Waka Kotahi NZ Transport Agency
Private Bag 6995
Wellington 6141
You can fill out our questionnaire by following this link: www.surveymonkey.com/r/MXTDZBC(external link)
CloseTo improve regulation on footpaths, shared paths, cycle paths and cycle lanes, we propose to change some of the current vehicle and device categories to reflect how these vehicles and devices are used in these spaces.
This change will help to clarify where particular devices or vehicles can go.
For your information:
A pedestrian currently includes:
Pedestrians are the main people using the footpath. If there’s no footpath available, they can also use:
A powered wheelchair is treated as a mobility device but is not specifically defined as one in legislation.
As a mobility device, a powered wheelchair can be used on:
Currently, while an unpowered wheelchair is included in the pedestrian category, a powered wheelchair is not. This is inconsistent as both powered and unpowered wheelchairs are around the same size and share the same purpose.
We propose to create a new category for powered wheelchairs.
Under this change, users of powered wheelchairs will be treated as pedestrians because powered wheelchairs are crucial to the movement of the people using them.
A powered wheelchair will be defined as a wheelchair:
This change helps to recognise the similarities in risk between powered wheelchairs, unpowered wheelchairs and pedestrians, and sets them apart from a person using a much larger, faster and higher risk mobility device, like a high-speed mobility scooter.
Powered wheelchairs will be treated as pedestrians and will be allowed to use the footpath. If there’s no footpath available, they can also use:
Wheeled recreational devices (also known as WRDs) are defined as a device with wheels, propelled by:
They include:
It currently excludes cycles with a wheel diameter over 355mm. This means that most bicycles are excluded. But, bicycles and e-bikes with a wheel diameter under 355mm are both a cycle and a wheeled recreational device.
You can use a WRD on footpaths and roads, and shared paths if permitted by road controlling authorities.
There are two key issues with the current definition of WRDs.
First, powered and unpowered devices are treated the same, despite major differences:
Devices classed as WRDs are considered part of the same group even though they travel at different speeds and are used in different ways. For example:
Second, WRDs are also defined as motor vehicles and this is confusing for users:
Under the current definition, a range of low-powered WRDs, such as e-skateboards, powered unicycles and hoverboards, are also considered motor vehicles. These are not technically permitted on the footpath.
This can be confusing because people expect that if a device fits the definition of a WRD, they can use it on the footpath.
Our proposed change will replace wheeled recreational devices with two new categories:
Together, unpowered and powered transport devices will be referred to as transport devices.
Our proposed change will create a category that includes small unpowered devices like skateboards, push scooters and roller blades. The device must be propelled by human power or gravity.
The new definition will remove wheel diameter requirements.
Unpowered transport devices can be used on:
Our proposed change will create a category for low-powered devices that are propelled by a motor and have been declared by the Transport Agency not to be a motor vehicle. The new definition will remove wheel diameter requirements.
The Transport Agency can declare that a device isn’t a motor vehicle if its maximum power output is under 600 watts. The Transport Agency can also impose conditions on the use of a powered transport device if the maximum power output is between 300 and 600 watts.
The Land Transport Act 1998 sets out these criteria. Powered transport devices can be used on:
Under this change, only e-scooters and Yikebikes are powered transport devices. All other powered devices, like e-skateboards, powered unicycles and hoverboards are motor vehicles and will not be allowed on the footpath, unless the Transport Agency makes a declaration.
CloseCycles, including adult tricycles and e‑bikes, are treated as their own vehicle category.
Adult cycles are too large to be considered a wheeled recreational device. Cycles with a wheel diameter less than 355mm, the average size for a six-year-old, are both a WRD and a cycle.
Cycles and e-bikes are not permitted on the footpath. They can use:
Cycles and e-bikes will continue to be a separate category of vehicle.
Small-wheeled cycles and e-bikes that are propelled by cranks will be classified as cycles.
A crank is a bicycle part that connects its pedals to a chain which helps the wheels to move forward and backward.
Under our proposed changes cycles and e-bikes can be used on:
Mobility devices are defined as devices:
Powered wheelchairs will no longer be considered a mobility device and will be re-categorised as pedestrians. There will be no other changes to devices in this category.
We’ll review the mobility device category as part of later work.
CloseAn alternative to our proposed changes is to retain the status quo. This would mean that changes to vehicle definitions would happen as part of a detailed review in the future.
We have identified multiple issues with the current vehicle definitions, but only some can be addressed by the proposals in Accessible Streets. It could be more beneficial to review vehicle definitions through legislative changes, that could include:
However, if we make no change to vehicle definitions through Accessible Streets, the following problems will continue:
Currently, people using a device on the footpath must behave in a courteous and considerate manner, travelling in a way that is not dangerous for other people using the footpath. There are no restrictions on the speed they can travel or the size of the device.
Fast-moving devices such as e-scooters are now commonly used on the footpath. To ensure they’re used safely and continue to provide mobility benefits to everyone using them, we propose a new rule – the Land Transport Rule: Paths and Road Margins 2020. Our proposed new rule aims to:
For the safety of others sharing the footpath, users riding on the footpath under the new rule must:
Everyone using the footpath, except pedestrians walking or running, must follow the above requirements. Under the new framework, the vehicles and devices that can be used on the footpath are:
We propose that road controlling authorities, like local councils, will be able to lower the speed limit on the footpath to 10km/h or 5km/h. They will not be able to increase the speed limit.
We also propose that road controlling authorities will have the ability to ban or restrict some vehicles or devices from the footpath. However, they would need to consult with their community before making this decision.
CloseAn alternative approach is to continue relying on broad behavioural requirements. This option reflects that most people behave in a manner that is consistent with the current rules. Police can prosecute users for inconsiderate, careless, dangerous and reckless device use on the footpath. Retaining the status quo would allow users to make a judgement about what behaviour is appropriate in certain circumstances and would allow new social norms to develop within the current behavioural requirements.
The main risk with retaining the status quo is it may not address the risks posed by fundamental changes to the type of vehicles now sharing the footpath with pedestrians. The increased availability and use of powered devices on footpaths, including mobility devices and vehicles that resemble small cars, has meant a greater risk of conflict on footpaths. This conflict may be better dealt with by specific rules about the speed vehicles can travel and the width of these vehicles.
CloseWe have also considered other alternatives to the proposed change, to lessen the potential impact on other footpath users.
Allowing children up to the age of 16 to ride on the footpath would increase the safety of children when cycling on the road. In limiting this change to children, we would lessen the possible risk of incentivising all adults to ride on the footpath. While this is highly unlikely to occur in practice, it would create safety risks for other footpath users.
We note that limiting this option to children is consistent with the approach taken in some Australian states, where children under the age of 12 and their parents are allowed to cycle on the footpath. However, other Australian states and territories have rules that allow both adults and children to cycle on the footpath.
This proposal would not address the needs of adult cyclists where cycling infrastructure is unavailable, and where they see the road to be an unsafe environment. As outlined above, the experience in Queensland also suggests that most cyclists will avoid riding on the footpath, even if it is legal.
Alternatively, we could make no change to the rule. This means that most cyclists will not be allowed to cycle on the footpath. This option reflects that while cycling on the footpath is illegal, in practice, most people accept that children and their parents should cycle on the footpath because it is the safest option.
However, this would mean retaining a set of rules that are confusing and could be considered unfair, particularly for children. Under the status quo most children and all adults are not legally allowed to cycle on the footpath, but they are allowed to ride other devices such as skateboards, push scooters, e-scooters, and mobility devices on the footpath
CloseRules for using footpaths, shared paths and cycle paths are unclear. However, more people are using them more frequently, and using more devices in these spaces. This creates challenges around access for all new and existing users of these paths.
To manage these challenges, we propose a new rule – the Land Transport Rule: Paths and Road Margins 2020.
The new rule aims to redefine and provide clear rules for the users of shared paths and cycle paths. It will establish a national framework for the use of devices in these spaces, by:
The new rule will also enable road controlling authorities, like local councils, to lower the speed limit or restrict users in these spaces if needed.
CloseOur proposed change will allow transport devices, including e-scooters and skateboards, to be used in cycle lanes and all cycle paths. Pedestrians and mobility devices can still use cycle lanes and cycle paths if a footpath is not available.
The change is intended to encourage faster transport devices, like e-scooters or skateboards, to move off the footpath and onto parts of the road when they’re less likely to come into conflict with pedestrians or fast-moving motor vehicles. They can still use the footpath if they keep to the speed limit. They can use shared paths, most cycle paths and the road as they do currently.
CloseCurrently, cycles must use a headlamp, a rear facing position light, and reflectors when riding on the road at night. Powered transport devices, while also permitted on the road, do not have any lighting or reflector requirements. This inconsistency can be dangerous as it means transport devices can travel at night without being visible to others. The risk is increased if the user is on the road with fast-moving traffic.
Our proposed change would only permit powered transport devices on the road (and paths) at night provided the device is fitted with:
If proposal 4 and 6C are introduced, these lighting and reflector requirements would apply when riding in a cycle lane or cycle path at night too.
For your information:
A headlamp is a light on the front of a bicycle or device. attached to the front of a bicycle or device.
A position light is another light attached to a bicycle or device.
Reflectors work by bouncing light back to where it came from. They can either be attached to a bicycle or device or worn as reflective clothing.
CloseWe propose that cycles and transport devices will be allowed to travel straight ahead from a left turn lane, unless it is unsafe to do so. Travelling straight ahead from a left turn lane is pictured below in Figure A.
When cycle lanes are not available, riding straight ahead from a left turn lane can often be safer than travelling through heavy, high-speed traffic in the straight-through lane. The left turn lane usually has less traffic, travelling at slower speeds.
Under the proposed changes, the cyclist pictured (labelled A) will be able to travel straight ahead from the left turn lane with one left turning car (labelled B) instead of the lane with two cars (labelled C and D).
We propose that cyclists and transport device users will be allowed to pass slow-moving traffic on the left. Passing on the left is known as ‘undertaking’ and many cyclists do this already.
On the road, cycles and transport devices must ride as far left as practicable. ‘Undertaking’ allows them to maintain a safe, steady speed past slow, stop-start traffic, while avoiding travelling between motor vehicles.
Under the proposed change, the cyclist pictured (labelled A) can pass slow-moving cars (labelled B and C) on the left. If the cyclist is passing slow-moving vehicles on the left and parked cars on the right (labelled D and E), the cyclist will need to pass carefully.
We propose to clarify that turning traffic must give way to cycles, transport devices and buses when those users are travelling straight through an intersection in a separated lane, as pictured in Figure C.
By separated lane, we mean a lane that is physically separated from other traffic lanes with the use of a device like a concrete barrier or planter box. These separated lanes are usually used by cycles, transport devices and buses.
This will clarify who has the right of way at intersections. Buses, cycles and transport devices can expect fewer delays as they do not have to wait for turning traffic. It is also expected to reduce risks for users of these modes as traffic is more likely to slow down before turning to check for cycles, buses or transport devices. Less risk and a faster commute may encourage the use of public transport, transport devices and cycling over private vehicles.
Under the proposed change, the cars pictured (labelled C and D) would need to give way to the cyclists travelling through the intersection (labelled A and B) before turning into the side road.
Our proposed change will mean:
We propose that minimum markings be two white lines across the side road, as pictured in Figure D. Our proposed change is expected to reduce delays for path users and make active modes more attractive.
Giving priority to footpath, shared path and cycle path users over turning traffic is expected to increase their safety and priority at intersections.
The pedestrians in the picture above (labelled A and B) are crossing the side road with white lines. We propose that these pedestrians would have right of way over turning traffic and other path users.
The cyclist (labelled as C) about to cross the side road, would also have right of way over turning traffic but would need to give way to the pedestrians also crossing the road.
The cars on the road (labelled D and E) will need to give way to the pedestrians and the cyclist crossing the road.
Our proposed change will ensure drivers of motor vehicles pass at a safe distance when overtaking cyclists, horses, pedestrians and people using, transport devices and mobility devices on the road.
The minimum overtaking gap will be:
A mandatory minimum overtaking gap will:
The proposed change is expected to decrease the number of incidents involving overtaking vehicles and vulnerable road users.
CloseCurrently, to restrict parking on berms, local councils can introduce a bylaw:
Different councils disagree on whether they need signage.
Our proposed change will remove the need for signage and clarify what’s needed for road controlling authorities to restrict parking on berms.
Road controlling authorities will be able to restrict parking on a berm or an area of berms by:
This means that if a road controlling authority believes that berm parking on a collection of streets is a safety issue, they’ll have the power to restrict berm parking in those spaces without using a sign.
CloseUnder our proposed change, road users must give way when an urban bus on a scheduled public transport service:
Our proposed change will apply on roads with a posted speed limit of 60km/h or less.
This will signal that public transport has priority in urban areas, as buses usually carry more people than cars.
Close