A new road rule which came into effect this month could prove difficult for police to enforce without specialised equipment, but officials say it will still create clearer expectations about driver behaviour.
From October 1, all New Zealand motorists must give a minimum 1.5m berth when passing cyclists, horse riders and other road users.
Failing to do so can net drivers a $300 fine or a maximum penalty of $1500 if ordered by a court. It was part of a wider package of changes, including give way rules for buses, where e-scooter riders and children can travel, and a suite of minor technical adjustments to road signs and markings.
The NZ Transport Agency (NZTA) acknowledged the enforcement problem police face in its regulatory impact statement, which accompanied the new road rules.
"This is both because of practical limitations such as the need for new, specialised equipment to measure passing distance to an evidential standard, and because of resource and capacity considerations."
NZTA does not plan to buy that equipment.
'No practicable mechanism' - police
Superintendent Richard Wilson told 1News officers are encouraged to use discretion when enforcing the rule, deciding whether education or enforcement is most appropriate. A breach could result in a $300 infringement.
"With no practicable mechanism to prove a passing distance gap, we advise our people to take the action deemed most appropriate for the situation."
Wilson said police’s strategic focus remains on driver behaviour, with restraints, impairment, distractions and speed the biggest contributors to deaths and serious injuries.
Police will not create new data recording systems for near misses or crashes, though the new offence code will provide insights, he said.
"We urge members of the public to continue to report unsafe road incidents through 111 if it’s happening now, or 105."
NZTA acknowledged “practical limitations” to enforcement of the rule but said it established a “clear legal requirement” and “consistent standard” for road users when passing cyclists, horse riders and e-scooter riders.
“Previously, drivers were required to pass safely, but there was no prescribed minimum distance in the road rules,” a spokesperson said.
Benefits of the rule were assessed through feedback rather than through a forecast of reduced deaths and serious injuries.
“The analysis explicitly recognised enforcement and data limitations, and concluded that safety benefits were likely to arise from clearer expectations for road users, improved awareness and increased compliance over time, particularly as new drivers learn the requirements as part of the road rules."
Existing careless, reckless and dangerous driving charges were complemented by the new offence and remain available if unsafe overtaking resulted in a near miss, crash or injury, they added.
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