Land Transport Rule: Setting of Speed Limits 2003

Questions and answers

General questions

1. What does the Setting of Speed Limits Rule do?
The Rule reinforces the standard speed limits of 50 km/h in urban areas and 100 km/h on rural roads and motorways. It also allows road controlling authorities (RCAs) – eg Transit New Zealand and local body authorities – to vary these limits under certain conditions and to set temporary speed limits for road works or special events.
RCAs now have to follow a standard method of reviewing speed limits. LTNZ is still responsible for promoting national consistency in speed limits by setting standards and monitoring the decisions of RCAs.

2. Who does the Rule affect?
All RCAs are affected by the Rule. As part of it they are responsible for reviewing and setting speed limits and for installing accompanying signs. They are also required to consult with community groups and road users who are likely to be affected by proposed speed limit changes.

3. Why were the changes introduced?
The previous system of setting speed limits was complicated, with central and local government having dual control, but divided responsibilities. Territorial authorities sought more control over setting speed limits on their roads.

4. What were the major changes in the Rule?
The Rule is intended to make the process of setting speed limits simpler. It transfers the power to set speed limits from central to local government. RCAs will be able to set a wider range of speed limits to suit the conditions of particular roads. The Rule changed the procedure under which a speed limit is created and sets out appropriate standards for local authorities to follow.

5. How were speed limits set before?
A 50 km/h speed limit for roads in built-up areas and a national rural speed limit of 100 km/h was set. The Minister of Transport had the power (delegated to LTNZ) to apply these speed limits to other roads and to set 70 km/h limits. Under the Local Government Act 2002, RCAs could make speed limit bylaws but this power was usually only used to set 60 or 80 km/h speed limits. Acts of Parliament also gave some public and private bodies, such as airport authorities, similar powers.

6. What didn’t change under the Rule?
The policy and method for calculating speed limits remain LTNZ’s responsibility. The enforcement and fines imposed on road users who break speed limits still apply and are controlled in other central legislation.

7. What are the benefits of the Rule?
Speed limits are now able to be set by local authorities to reflect local conditions and the process of changing speed limits should also take less time. Members of the community can have a say on proposed changes. The new procedures are expected to result in less bureaucracy and will get rid of the previous dual systems used by central and local government when setting speed limits.

8. How much does the Rule cost?
There is a one-off cost of $500,000 to comply with the transitional requirements of the Rule to save existing speed limits. These costs will be picked up by RCAs. They have been fully consulted and are eligible to apply to Transfund for reimbursement of some of the increased compliance costs.

9. What speed limits can road controlling authorities set?
Road controlling authorities are able to set 20, 30, 40, 50, 60, 70, 80, and 100 km/h speed limits by passing bylaws. They are not able to increase the existing maximum limit of 100 km/h on rural roads and motorways.

10. Can speed limits change in areas where there are a high number of crashes?
Yes. RCAs are able to change the current speed limit to address particular circumstances, although a lower speed limit in itself will not necessarily reduce the risk of crashes. Other factors, such as road design and construction, traffic engineering improvements and improved driving practices, also contribute to safer roads and safer driving habits.

11. Can road controlling authorities reduce the speed limit outside schools?
Yes, if they believe the existing conditions are unsafe and certain conditions are met, they can pass a variable speed limit bylaw requiring drivers to reduce their speed at times when children are arriving at or leaving school. Speed limit signs for these have already been approved by the Director of Land Transport NZ.

12. If local authorities set their own speed limits, how easy are they to administer or enforce?
LTNZ worked closely with the Police, the Ministry of Transport and RCAs to streamline the system to make it workable. RCAs need to follow a set of national guidelines when changing a speed limit and when erecting road signs.

LTNZ is monitoring the setting of speed limits to make sure the standards being applied are safe and consistent and has to approve the conditions for any minimum or variable speed limit (not the speed limit itself).

The Police are prosecuting drivers caught breaking speed limits under central legislation.

13. Are there other provisions in the Rule to help road controlling authorities improve the management of traffic on their roads?
Yes, road controlling authorities can set 20, 30, or 40 km/h speed limits to improve safety in areas that are used by pedestrians, cyclists and motorists. Under the Rule they can also set variable speed limits for specific conditions.

14. How have the public been consulted on this Rule?
The public and a wide range of interest groups and local authorities had opportunities to make submissions from when the draft rule was initially released for public comment in 1997.

15. When did the Rule come into effect?
5 April 2004.

16. Can people get a speed limit reduced in their neighbourhood so that it’s less noisy?
No. Speed limits can only be changed for safety reasons.

17. Where do I find copies of the Rule and more information about it?
All existing Rules made to date can be found on the Rules page and this Rule can be found here, or from a bookshop which sells government publications.

For further information visit the LTNZ website at www.landtransport.govt.nz, or contact the LTNZ Contact Centre on 0800 699 000.

Last updated:15 May 2008