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MRK008

In the NZ Road Code under the section describing illegal and unsafe passing, it says "Don’t pass any vehicle at an intersection if it means you will cross the centre line" with an associated picture of a blue car overtaking a red car over a solid white line described as "illegal passing at an intersection". However, the legislation provides an exception to this rule, saying that it is ok to pass if it is safe (see 2.7(a)(ii) of Land Transport (Road User) Rule 2004). I wonder why the NZ Road Code says that this manoeuver is always illegal (and unsafe), when the legislation says otherwise?

Anon

Hi there,
The rules become clear when you read the complete page and match it to the relevant Road User rule. . https://www.nzta.govt.nz/resources/roadcode/about-driving/passing/
The image you are referring to has a vehicle crossing potentially into the path of two opposing vehicles and so would not be a legal manoeuvre at an intersection. Further down the page it also features intersections, it shows manoeuvres that can be carried out if safe to do so. Passing on the inside (left) of a right turning vehicle stopped at an intersection and use of multiple lanes to pass. The Road User rule you refer to states that "a driver must not pass or attempt to pass on the right of another vehicle moving in the same direction when—(a) approaching or crossing an intersection unless—
(i) the roadway is marked in lanes and the driver can make the movement without the driver’s vehicle encroaching on a lane available for opposing traffic; or in any other case, the driver can make the movement with safety and with due consideration for users of the intersecting road;
http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303049.html