Legal fears mean Queenstown bus bike racks still can't be used

Bike racks on the front of buses in Queenstown and Dunedin are still not being used in the daytime on the advice of transport industry lawyers, Crux can report. 

Following a national safety alert issued by the New Zealand Transport Agency, Otago Regional Council introduced a “temporary” night-time ban on the use of bike racks on buses at the start of November. 

It later extended suspension of use of the bike racks on buses in both Dunedin and Queenstown to apply both during the day and in the evening.

The precautionary measure followed concerns that on some bus models operated in New Zealand, when loaded with bikes, bike racks may partially obscure headlights and therefore may not be compliant with road rules.

However, last month NZTA clarified that compliance with the Rule is only required when headlamps are operated during the hours of darkness.

Despite that the bus racks are still out of daytime use a month later.

Crux contacted Otago Regional Council again today to find out why.

“It is NZTA’s position that the industry alert which was issued (by NZTA) in October only requires the restriction of the use of bike racks at night. However, the Bus & Coach Association of New Zealand (BCA) has obtained legal advice on behalf of its members, which includes Ritchies & GoBus, to the effect that if the installation and/or use of bike racks has the potential to block headlights then it is the vehicle itself that is not compliant with the Land Transport Rule: Vehicle Lighting 2004,” ORC transport manager Lorraine Cheyne said.

“For this reason some operators have elected to remove the racks from buses.

“ORC’s contracts require our operators to be lawfully compliant in their business operations, which includes vehicles, employment matters etcetera. 

“There is legal precedent with regard to not relying on a government entity’s position. We will allow daytime use of bike racks on buses when we can ensure that the installation and use of bike racks on our buses is compliant and would not, in the event of an incident, impose any liability on the ORC or our operators.”

Ms Cheyne was unable to give assurances the issue would be resolved for the school summer holidays.

“This is a nation-wide, sector-wide concern. ORC is working with the sector to resolve the issue as swiftly and efficiently as we can by working with the sector to assess compliance by models of vehicles across all fleets, as opposed to each authority assessing all of its own vehicles. However, we do not have a specific time-line for completion of this work.”

Main image: Bike racks on buses are still out of use.