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Dear Legal Advisor,

I recently received a infringement notice of $150 from Auckland Transport for using the T2 lane around 5pm at the Constellation Drive, Apollo Drive intersection (in Rosedale) when I had no passenger in the vehicle. However as indicated in the attached diagram, to make a left turn at that intersection during rush hour, it is unavoidable to drive temporarily through the T2 lane for a few seconds. I am not the only driver who had to turn left and are fined for doing so. The media has already reported several similar cases at the same intersection.

Pursuant to the New Zealand Road Code (NZTA) on "Special Vehicle Lanes" which states that "Other vehicles may use special vehicle lanes to make a turn or get to a parking space. Use of the lane for these purposes must be kept to a minimum length and be no more than 50 metres."

My questions are:
1) Is the Road Code the (only) legal base for Auckland Transport to issue the infringement notice?
2) How do we interpret the part which says "other vehicles may use special vehicle lanes to make a turn...must be kept to a minimum length and be no more than 50 metres"?
3) how stringent is the 50 metres rule?
4) There was no sign or clear indication of where the 50 metres starts on the T2 lane or on the side of the road. Drivers turning left could only roughly estimate. what is the recommended driving path to drivers who have to turn left at that intersection during rush hour?
4) Is it worth to go to court and argue my case?
5) What is Auckland Transport's liability for their misjudgement if the actual distance I travelled on the T2 lane can be proven to be less than 50 meters?

Image: https://www.dropbox.com/s/gqf4pw4wzq1c4ky/Capture-2.jpg

Note:
legends for the map
Yellow Highlighted Area: Traffic queue during rush hour
Green path: the distance my vehicle travelled

Thank you

You raise a number of valid concerns. One of the most relevant ones from my point of view is the lack of signage on special vehicle lanes. It's agreed that if turning into driveways etc, it's not possible to post 50m signage everywhere, but it would be helpful when approaching intersections, such as in your situation.
However, as signage isn't currently a requirement, it is not an argument you could successfully pose.
In answer to your questions;
1) I believe the basis used in addition to the road code would include Land Transport Regulations and any applicable Bylaws.
2) You must travel no more than 50 metres in the lane unless in a vehicle permitted to be in that lane.
3) 50 metres maximum, so it's stringently adhered to.
4) Again, from the point where you enter the lane to the point you leave it, it must be no more than 50 metres.
4a) If there's evidence against you, I don't think you could mount a successful defence, therefore I'd say it's probably not worth going to court to argue your case.
5) You should be able to request photographic evidence showing the distance you travelled. Those I've seen in the past were a series of still shots showing proof of distance travelled. However, like police speed camera errors, if they were proved wrong their liability would be limited to dropping charges against you.

Thank you for your advice.

Apparently the Auckland Transport were phishing at that spot for "legal" income.

Just an addition to my previous response, I'm advised that like police speed limit tolerance, Auckland Transport generally apply a tolerance and don't usually issue infringement notices for motorists travelling less than 80 metres in such a lane.

Thank you for your reply.

80-meter tolerance may be "usually". Auckland Transport replied my request of review video footage- they sent me a picture illustrated a path of 75 meters on the T2 lane, but did not state this was the length my car travelled on that day.

I went back to that intersection last night and measured the length of the path my car travelled on that day according to the photos Auckland Transport replied to me. It was about 65 meters. Thus it is not worth to argue on the court, although not changing onto T2 lane until approaching that intersection within 50 meters is not a plausible practice during rush hour.

I have videoed the traffic situation of that intersection for several days in my car while I pass through it after work. Almost everyone changed onto that T2 lane before 50 meters. I am angry not because I was caught not everyone, or a fine of $150 (it is nothing to me), but the behaviour of Auckland Transport.

Auckland Transport know what is going on there. Media have reported this case several times, and apparently drivers complained. Auckland Transport did nothing making the situation better as far as I can see, but just phishing there for "legal" income and nicely call this "legal enforcement". This is shame and absolutely disgusting.