Roads

[Skyryder]

I've just had a look of the Transport Act 1998.

Part One Preliminary Provisions

2 Interpretation


Road (d) a place to which the public have access, whether as of right or not.



Try as I might I can not find any exemptions to this. Any one know one way or the other.


Skyryder

[4Ducati]

Thats because legaly, in the event of something major going wrong involving the use of a motor-vehicle of any type, there are no exceptions - NZ Traffic laws apply in all cases where the public has access.

Most recent high profile case in point - Possum Bourne's death. This accident happened on a PRIVATE road - for purposes of investigation by Police SCU, they investigate it as an accident occurring on a PUBLIC road, & lay charges under provisions in the Land Transport Act. In this case, the other driver was clearly not keeping left, & was prosecuted for careless driving causing death.

If on a 'legal road - drivers must be licenced - vehicles WOF / rego & up to scratch, etc etc.

This is NZ - reality, ya can do whatever ya like, till A) You get caught, or B) Something goes wrong..............

Once either of those things happen, legislation like the above starts to get used to make people responsible for their own actions, or in some cases - in-actions........

Legislation was originally changed to include Clause D wording, because people were doing 'runners' from Police onto 'private property' to avoid D.I.C charges.........

(And please - don't 'shoot the messenger'........!!) :)

[slimjim]

cool..wasn't fully aware of this...

[Finn]

Thats because legaly, in the event of something major going wrong involving the use of a motor-vehicle of any type, there are no exceptions - NZ Traffic laws apply in all cases where the public has access.

Okay. A friend owns a farm in Wairarapa that is on both sides of a public road. We were talking about building a ramp so we could jump the dirt bikes over the road.

Here's the scenario: I'm jumping across the road on the bike and while in mid air get taken out by a crop dressing plane. Is this an exception?

[4Ducati]

Okay. A friend owns a farm in Wairarapa that is on both sides of a public road. We were talking about building a ramp so we could jump the dirt bikes over the road.

Here's the scenario: I'm jumping across the road on the bike and while in mid air get taken out by a crop dressing plane. Is this an exception?

Fair question there Finn - was hoping some-one was gonna bring that scenario up..........

No exception sorry - as when you both land, you'll then be on a public road, & - it also involves the useage of a motor-vehicle. For more guidelines to this particular scenario - Look in 'You ARE the Weakest Link' legislation..............

More info also in publication 'Avoid drinking Auckland's water 101', which can lead to questions like this being asked in some messed up cases.............

[Finn]

Fair question there Finn - was hoping some-one was gonna bring that scenario up..........

No exception sorry - as when you both land, you'll then be on a public road, & - it also involves the useage of a motor-vehicle. For more guidelines to this particular scenario - Look in 'You ARE the Weakest Link' legislation..............

More info also in publication 'Avoid drinking Auckland's water 101', which can lead to questions like this being asked in some messed up cases.............

Ah, but...

1) When we began the jump, we were on private land
2) We landed on private land. At no stage did we touch the public road
3) The bikes are farm bikes. Unregistered.

There's nothing wrong with Auckland's water. Evian is French you know.

[Skyryder]

Ah, but...

1) When we began the jump, we were on private land
2) We landed on private land. At no stage did we touch the public road
3) The bikes are farm bikes. Unregistered.


You will need to file a flight plan and have an air safety certification. Any 'mid air' incidents and you will get :done: for careless flying. :gob:


Skyryder

[Skyryder]

Thats because legaly, in the event of something major going wrong involving the use of a motor-vehicle of any type, there are no exceptions - NZ Traffic laws apply in all cases where the public has access.

Most recent high profile case in point - Possum Bourne's death. This accident happened on a PRIVATE road - for purposes of investigation by Police SCU, they investigate it as an accident occurring on a PUBLIC road, & lay charges under provisions in the Land Transport Act. In this case, the other driver was clearly not keeping left, & was prosecuted for careless driving causing death.


So if I interprete this correctly a race track is considered a public road.

ROAD (d) a place to which the public have access, whether of right on not.

Has something been missed?


Skyryder

[Jantar]

You will need to file a flight plan and have an air safety certification. Any 'mid air' incidents and you will get :done: for careless flying. :gob:


Skyryder

Ummm No. A flight plan will not be needed unless the jump takes place in controlled airspace. It is very unlikely that the bike will jump high enough to worry about that. However while under 10000 ft there is a speed limit of 250 knots. And you are right about mid air incidents. The rule here is that powered gives way to un-powered. It may be argued that as the bike's engine is not attached to any form of air propulsion device, the the bike is unpowered while in the air, and therefore has right of way.

If the riders is still alive after colliding with an agricultural aircraft, he may have a valid defence.

The paddock that he took off from and the one that he lands in are both roads under the definition, unless they have locked gates.

[4Ducati]

Correct re locked gate, which is cooool, till some $hithead unlocks the gate with boltcutters, thus turning the other side into a 'road'...........

Theres a farmer in Southland that was prosected through an accident that happened on his property, after people used boltcutters to gain access........

Dumb. Yip. I know. Once again, welcome to NZ. Sometimes, all ya really don't need is some smart prosecution lawyer that loves himself just a bit tooooo much & likes seeing his own name in print........

Finn - sooner or later, once you hit in mid-air, you're on a road in that scenario. Get over it.......:)

Once you finish reading the Land Transport Act cover to cover, have a go with some more light reading by getting to know the Health & Safety in Employment Act. All nice yummy-yummy mind bending beauracratic stuff that ya don't need to know, till after something has gone wrong..........

(Oh, & just to make ya really REALLY happy - not knowing the Law / Acts, is NOT a defence in a court case...........)

Finn - when we meeting up over in the 'rapa - might have to bring my XL125S over to see if I can get that plane............;) :) :)

[Usarka]

Ah, but...

1) When we began the jump, we were on private land
2) We landed on private land. At no stage did we touch the public road
3) The bikes are farm bikes. Unregistered.

There's nothing wrong with Auckland's water. Evian is French you know.

Are you wearing all the gear? Being on unregistered bikes means the rest of us are carrying your ACC levies. At least make sure you wear gloves.

[4Ducati]

Velcro gloves..............

[KingJackaL]

I approve of this conversation :D.

However, if a road is "a place to which the public have access, whether as of right or not.", then that would include the air above your property as well, as the public (regardless of right), can access that air via jumping. As such, you are on (in?) a road while colliding with the crop dusting plane, and I believe that Jantar's post may apply.

Although, on further thought - wouldn't that make the point of the crash an uncontrolled intersection? And therefore the standard give-way rules should apply?

IANAL etc...