Submission on Draft Land Transport (Road User) Amendment Rule [2011]

The NZ Transport Agency invited comments on proposals to change New Zealand's give way rules for traffic. The RNZFB's submission outlined possible impacts on pedestrian safety and the RNZFB's orientation and mobility teaching methods, and recommended that the NZ Transport Agency's plans for communicating the changes to the public should take blind, partially sighted and deafblind New Zealanders into particular account.

Introduction

This is the Royal New Zealand Foundation of the Blind’s feedback on the NZ Transport Agency's draft Land Transport (Road User) Amendment Rule [2011]. The RNZFB welcomes the opportunity to share feedback on this draft Rule.

Royal New Zealand Foundation of the Blind

The Royal New Zealand Foundation of the Blind (the RNZFB) is New Zealand’s main provider of sight loss services to blind and partially sighted people. The RNZFB's vision is empowering and supporting blind and partially sighted New Zealanders to ensure that they have the same opportunities and choices as everyone else.

The RNZFB advises government, business and the community on inclusive standards to ensure that blind and partially sighted people can participate and contribute equitably. The RNZFB also provides its members with the adaptive skills they need to lead independent lives. One of the core services provided is training in orientation and mobility skills so that members can travel independently.

The RNZFB has more than 11,500 blind and partially sighted members nationwide, including many who are deafblind.

Draft Land Transport (Road User) Amendment Rule [2011]

The RNZFB provides orientation and mobility training to blind and partially sighted people to give them the skills to travel independently, including the use of white canes, guide dogs and other mobility aids. Though RNZFB members do not drive, proposed changes to the give way rules for vehicles may impact on pedestrian safety and the RNZFB's orientation and  mobility teaching methods.

Until the new Rule is in place, RNZFB orientation and mobility instructors who are working with clients on road crossing programmes will need to teach methods based on current and future Rules. This will increase teaching time, and may create some confusion for some clients. Once the Rule is in place, it will become part of regular teaching practice. Some clients who have previously learned independent mobility skills may require further instruction to gain confidence in their decision making. Additional requirements for orientation and mobility instruction during the transition to the new Rule may incur increased costs for the RNZFB.

The NZ Transport Agency's plans for communicating the changes to the public should take blind, partially sighted and deafblind New Zealanders into particular account, so that they understand the flow of traffic at all intersections. For example, public education materials should be made available in formats that blind and partially sighted people can read. This may include braille, audio, large print and accessible electronic text. The RNZFB would be pleased to advise the NZ Transport Agency on communications strategy for reaching blind and partially sighted people.

Proposal 1: It is proposed to amend the Rule to require a driver when turning right at an intersection to give way to all oncoming traffic travelling straight ahead or turning left, unless a traffic sign or traffic signal requires the driver to stop or give way.

If left-turning vehicles are not required to give way to right-turning vehicles, this may give them the opportunity to approach and exit the intersection at a higher speed. Including pedestrian priority signalling on light-controlled intersections will assist with addressing this. Left turning vehicles at light-controlled intersections are already an issue for pedestrian safety, as they often speed off when the light changes to green to avoid giving way to right-turning traffic. On multi-laned roads, left turning vehicles have always had the legal right to turn at the change in lights without giving way to right turning traffic, and in practice do not always check for pedestrians.

At signalised crossings where the audible tactile traffic signal (ATTS) is not working, our members rely on the sound of the traffic moving parallel to them to determine the crossing phase. This means that they may not begin crossing immediately when the crossing light is green. This can be confusing for drivers turning left. It would be helpful if public education resources for drivers included information about how they can safely share the road with blind and partially sighted pedestrians.

Proposal 2: It is proposed to amend the Rule to require all traffic from a terminating road at an uncontrolled intersection to give way to all traffic travelling on a continuing road.

This proposed change would have some positive impact on road crossing techniques for blind and partially sighted pedestrians, as it would reduce uncertainty as to whether a vehicle turning left into a terminating road has stopped to give way to a pedestrian or to right-turning traffic.

In all of the documentation relating to this proposed Rule change, it is noted that right turning vehicles need to look for a gap in the oncoming traffic. Public education materials about the rule change need to also mention the need to check for and give way to pedestrians. Right-turning vehicles can present a significant hazard for pedestrians crossing the road, and in practice do not always check for pedestrians.

Proposal 2 - Driveways: Currently, if a driveway is a public entrance or exit, for example, at a supermarket, hospital or airport, it must be treated as an uncontrolled intersection. Given the differing designs and locations of driveways, the NZTA believes it would unnecessarily complicate the proposed changes to the give-way rules if driveways were to be included within the definition of an intersection. Instead, it is proposed to add a new requirement in clause 4.4 of the Rule to require that a vehicle exiting a driveway give way to vehicles on the road.

It would be helpful if public education materials for drivers related to this rule change made it clear that cars exiting driveways must always give way to pedestrians as per Clause 4.4 of the Land Transport (Road Users) Rule 2004 ("Giving way when entering or exiting driveway: A driver entering or exiting a driveway must give way to a road user on a footpath"). This is especially important where entrances and exits to large buildings or facilities are designed to look like a road or intersection, and drivers assume they have priority to block the footpath and pull out in front of pedestrians.

Further Information

The Foundation would welcome opportunities to provide more information if required. Please direct any questions to:

Moira Clunie
Insights, Policy & Advocacy Manager
Telephone: +64 9 355 6938
Email: mclunie@rnzfb.org.nz

Royal New Zealand Foundation of the Blind
Private Bag 99941
Newmarket, Auckland