Parking a car alongside a highway

[Padmei]

Hi there
Can anyone in the know point me in the direction where it says whether you can or can't park a car alongside a highway if you are selling it.
I have heard you are not but googled it & didn't find anything.
cheers

[Berries]

Bylaw Prohibiting the Sale of Vehicles on State Highways
Pursuant to section 61(3) of the Transit New Zealand Act 1989, Transit New Zealand hereby makes the following bylaw:

1 Title and commencement – This bylaw may be cited as the Transit New Zealand (Sale of Vehicles on State Highways) Bylaw 1999/14 and shall come into force 28 days after the date of its publication in the New Zealand Gazette.

2 Interpretation – In this bylaw –
“Authority” means Transit New Zealand. (Now “NZ Transport Agency” in accordance with Government Roading Powers Act)
“State highway” means a State highway as defined in section 2 of the Transit New Zealand Act 1989 (which includes the carriageway, the road verge, and associated land); and
(a) includes a motorway as defined in section 2 of that Act; but
(b) does not include any proposed State highway.
“Vehicle” has the same meaning as in the Transport Act 1962.

3 Sale of vehicles on State highways prohibited – (1) Except as permitted under clause 3(2), no person may stop or park a vehicle on any section of a State highway for the purpose of selling that vehicle or advertising that vehicle for sale to the public or a section of the public.
(2) Clause 3(1) does not apply where the offering or advertising for sale of vehicles is permitted by the National State Highway Manager, Transit New Zealand, or the Chief Executive of a territorial authority to which the Authority has delegated its powers and duties under section 62 of the Act, and all relevant conditions are complied with.
(3) The National State Highway Manager, Transit New Zealand, or the Chief Executive of the territorial authority as appropriate, may impose conditions to his or her consent under clause 3(2). Such conditions may include but are not limited to restricting the times and location at which the offering or advertising for sale may take place, the number of vehicles, and the size and format of any signage.

4 Removal of vehicles – (1) The Authority at any time, by its agents or employees, may remove any vehicle from a State highway if –
(a) the vehicle is stopped or parked on the State highway in breach of this bylaw; and
(b) the Authority considers that the vehicle constitutes or contributes to a threat to the safety of road users or to the efficiency of the State highway network.
(2) Any vehicle removed from a State highway under clause 4(1) must be held by or on behalf of the Regional State Highway Manager, Transit New Zealand, for the area and made available for collection by the owner on payment of the costs of the vehicle’s removal and storage.
(3) The Authority must use reasonable care in the removal and storage of any vehicle removed under this clause but is not liable for any loss or damage arising directly or indirectly from the removal of any vehicle under this clause unless caused by the negligence of its agents or employees.

5 Removal of vehicles by territorial authority – Where the Authority has delegated its powers and duties under section 62 of the Act, then, subject to the terms of the delegation, clause 4 applies to the territorial authority as if it were the Authority and the Chief Executive of the territorial authority as if he or she was the Regional State Highway Manager, Transit New Zealand.

This bylaw was made by resolution passed at a meeting of Transit New Zealand held in Wellington on the 7th day of April 1999.
Signed on behalf of Transit New Zealand

In my experience it only gets enforced if people start taking the piss and you get a lot of cars parked up in one place. Selling your own vehicle outside your house or place of work shouldn’t be an issue. It might become one to NZTA if you move it to some hot spot to specifically sell it and then so do a few others.

[Padmei]

Excellent thanks Berries.
I'm selling a car & have had it parked alongside the highway (out of the way on a grass verge, visible but all safe like) for a week & a half. Got a call today out of the blue from a stranger telling me he had seen a transit person taking down the details. I rushed home & shifted it. I may get a ticket but glad I didn't get it towed.
Good to know there are some good sorts out there like the character who called me.


Funny thing is that a few hundred metres along the road are houses with driveways right on the highway, I wonder if it is an offence to park your car at the side of the road (as they do- all safe like) but with a for sale sign on the car? Hmmmm....

[Berries]

What does a Transit person look like? It was probably someone in a hi-viz taking down the details because they wanted to buy it.

[FJRider]

What does a Transit person look like? It was probably someone in a hi-viz taking down the details because they wanted to buy it.

Easily spotted ...They drive around in NZTA sign written vehicles ...

[Mike.Gayner]

I saw a wanker in a Tauranga Council polo and shorts writing tickets for exactly this. Made me sick, but we've come to expect it from these bloody councils by now.

[R650R]

Usually more a council issue than transit. Due to car yards who pay big rates bills getty pissy with private sellers and unlicensed dealers, so the solution like an govt iniative is to ruin it for everyone.

The logic is people might suddenly brake and pull over to look at the cars causing a collision.
Funny though as they recommend you do exactly that if your non handsfree cellphone rings...

[Swoop]

I saw a wanker in a Tauranga Council polo and shorts writing tickets for exactly this. Made me sick, but we've come to expect it from these bloody councils by now.

I notice the Tauranga meter maids are ticketing for bald tyres now as well. $150- fine.
Their propaganda ministry states they are doing it to make roads safer and it's NOT a revenue gathering scheme. This is odd since their fine would cover the cost of a tyre!

Why are there so few meter maid stabbings?

[Jantar]

I believe it is legal as long as you leave your keys in the ignition and the doors unlocked.

[Woodman]

My understanding of it is that as long as you do not put a 'For sale" sign on it then it is ok pretty much anywhere. Just put a phone number and vehicle details, and most will just assume it is for sale and call if interested. If an officious wanker from the council or a car dealer complain they will need proof that it is actually for sale.