Legal loophole gives Tauranga's bus lane bandits a free ride

The Hairini bus lane. Photo / Andrew Warner

It has been more than 13 months since Tauranga's newest dedicated bus lane was opened at the end of Hairini St. In that time, some frustrated motorists have given up trying to travel around the lane to get to the city. Instead, they have been risking fines by driving down the lane in their cars to cut ahead of congestion. Reporter Kiri Gillespie investigates just how many people have been fined for breaching bus lane rules, and whether or not the bus lane is legal.

None of the drivers caught using a new bus lane as a shortcut has been fined - because it has not been included in the city's bylaw.

Investigations into the legal status of the Hairini bus lane reveal Tauranga City Council is unable to issue infringement fines under the Traffic and Parking Bylaw because the bylaw is yet to include the bus lane. This comes despite the bylaw being updated five times since the bus lane was opened on July 6, 2018.

Since then, drivers frustrated at the city's increasing congestion levels have been using the lane to cut ahead of Turret Rd traffic - and getting away with it. But the act remains illegal, despite the lack of fine.

Taumata Rd resident Bruce Cronin has long questioned the validity of the bus lane.

Cronin admitted using it almost daily and had not even received a warning letter over the past year. He doubted the lane was legally established.

Hairini resident Bruce Cronin regularly uses the bus lane and questions its validity. Photo / File

He said he was not surprised no tickets had been or could be issued.

"Every day I look at it and it's so stupid. There are one or two buses every hour or so and the whole road is blocked off for that."

Tauranga Transport Operations Centre manager James Wickham said the council was unable to update the bylaw because of ongoing investigations into the Maungatapu Underpass.

However, in August 2018, former council chief executive Garry Poole approved a Temporary Prohibition of Traffic under the Local Government Act to legalise the thoroughfare until something more permanent could be done.

While this validated the status of the Hairini bus lane, it also meant no fines could be issued. The Local Government Act cannot be used to enforce infringement notices on motorists.

Transportation manager Martin Parkes said the council agreed with the local community it would not include the bus lane into the bylaw until the council had worked with them on wider issues including improved safe access to the State Highway 29A Hairini roundabout and a possible new access road from Hairini St to the city-bound off-ramp from the Maungatapu roundabout.

"Following completion of the Maungatapu Underpass, there are a number of unresolved traffic issues in the Hairini/Ōhauiti/Welcome Bay area that are currently being worked on ..."

Parkes said such issues were interconnected with others such as the Welcome Bay Lane/Welcome Bay Rd project.

"This part of our road network is the most complex in the city. Understanding how these changes impact traffic flows on other parts of the network in this area is an important part of the change process," Parkes said.

"This is why it is taking time to decide the best solutions to the problems being faced by local residents and people travelling through the area."

In October 2018, an independent review into the Maungatapu Underpass found 25 safety issues. The review was prompted after concerns were raised about the safety of the intersection of Welcome Bay Rd and Welcome Bay Lane, which the council closed on September 28. It is understood work to redesign this intersection will begin from next month, a year later.

The Hairini St and Welcome Bay Rd feed into Turret Rd's dual carriageway and has become a significant Tauranga choke point at peak times. The council's bus lane was aimed at helping reduce this and to encourage more people to use public transport.