Photo: 123RF
Confusion reigns as the nation's bus operators announce an indefinite nationwide ban on the use of bike racks starting tonight.
A ban on using the racks at night was brought in earlier this month after the Transport Agency (NZTA) issued an industry alert saying the racks could partially obscure headlights on some bus models.
Councils and public transport operators announced a calendar of overnight bike bans, varied to account for daylight hours.
There was no time frame put on any possible solution, but it was clear it wasn't imminent. The Canterbury Regional Council listed daily bus bike rack hours until March 2025.
But days ago, the Bus and Coach Association (BCA) upped the ante, announcing a blanket, nationwide ban.
Auckland Transport buses, that do not have bike racks, and only allow collapsible bikes on board, are not affected.
Association chief executive Delaney Myers said the original NZTA alert was a surprise.
While there have been some past issues about the legal compliance of bus racks, NZTA had worked with the industry to create exemptions or assist with solutions "to make it work", she said.
The alert said transport agency testing found vehicles did not comply with transport law, and advised operators to take steps to test their vehicles, and where necessary, make changes to ensure their buses did comply.
In the meantime, operators were instructed to limit the use of bike racks to daylight hours.
"That's quite a big deal - when the national regulator says to a group of professional operators you're breaking the law, and you need to follow the law - so we were surprised by it in the first place."
But Myers said the BCA obtained clear legal advice - if a vehicle doesn't comply at night, it doesn't comply during the day either.
Citylink bus with a bicycle rack. Photo: Supplied
"The industry alert, in our view, was a little bit misleading."
The BCA's testing suggests most of the fleet would not comply, she said.
She said the legality or otherwise varies with each load, so what might be legal on a particular model with one road bike might not be with three mountain bikes, for example, making it "almost impossible to comply".
"We feel like we've been left holding the baby on this. We've gone through many years where NZTA has supported the use of these bike racks.
"So out of the blue we have an industry alert that says you're not compliant with the law, without a really clear pathway on how we might do that is really unusual."
Myers said the NZTA has a "variety of options" available to allow the racks, such as issuing exemptions to the vehicle lighting rule.
"We're working with the NZTA to try and find some solutions but how long that takes is really not up to us," she said.
But, an NZTA spokesperson disputed the BCA's position and said the rules only applied at night.
"NZTA's view is that bicycle racks, with bicycles on them, can remain on the front of buses while headlamps are not in use."
If testing shows headlamps are not obstructed, or if bus operators have implemented solutions, the bicycle racks can be used during the hours of darkness as well, they said.
The NZTA supports the use of bike racks on buses "to increase the attractiveness and convenience of public transport and cycling to all New Zealanders" and encourages councils to ensure the racks continue to be available.
However, the Canterbury Regional Council is standing by the BCA's stance - that the use of the racks at any time would be illegal.
The council's public transport operations manager, Derek Walsh, said its contracts with bus operators require them to comply with the law, and it was not possible for the council to "attempt to override this position without clear legal provisions from the regulator".
Public Transport Users Association New Zealand national co-ordinator Jon Reeves said wherever the fault lay, it needed to be sorted out.
"We've done this for decades upon decades and why has it all of a sudden blown up? Or is it just a mountain out of a molehill?"
Given the NZTA says there have been no crashes as a result of the bike rack issue, Reeves said the agency, councils, and operators should "sort it out in a back room" before impacting public transport users.
He also suggested looking overseas.
"There are plenty of buses around the world that take buses on the front, and they have night-time over there too.
"I think it's a massive overreaction."
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