Changing lanes inside the Waterview Tunnel

 Many of us have wondered about the legality of changing lanes inside the Waterview Tunnel in Auckland - especially when you see other motorists do so, or there's a really slow vehicle in front of you and the other lanes are zooming past. I have decided to clear this up with the powers that be. In summary, changing lanes is not illegal inside the Waterview Tunnel, but is strongly discouraged.

Signage

There are clear signs at both entrances that say "NO LANE CHANGING" in black text on a white background with a black border. However, these signs are not compulsary as stated in the NZTA Road code (https://www.nzta.govt.nz/roadcode/heavy-vehicle-road-code/road-code/about-signs/main-types-of-signs/). These signs are Information Signs, which are intended to provide useful information. Notice the no lange changing signage is in the same format as the sign that says "Tunnel 400m ahead". A compulsory sign would be red or blue, or have a red border (e.g. a speed limit sign, or a no turn sign).

Official Information Act request

Obviously relying on the interpretation of the roadcode won't help if you do get a ticket. So I made an Official Information Act request to Waka Kotahi - New Zealand Transport Agency. They transferred my request to the Police as it was a matter of enforcement. In their response, Superintendent Steve Greally, Director for Road Policing, for New Zealand Police based out of Police National Headquarters, had this to say:

Changing lanes within the Waterview Tunnel is strongly discouraged, but there is nospecific offence for doing so. Motorists may be penalised for unsafe lane changes andother behaviours that are dangerous, careless, or reckless, in accordance with the Land Transport Act 1998 and/or the Land Transport (Road User) Rule 2004.

What about those cameras?

I heard rumours from family, friends, and online (mostly Reddit) that people were issued tickets for changing lanes. I also clarified this in my OIA request, and the response is nobody has received a ticket for an unsafe lane change based on camera or operator room instructions:

I can however advise that the safety cameras (not including CCTV cameras) used in the Waterview Tunnel are only used for speed enforcement. Any infringement notices issued for unsafe lane changes would be issued by an officer. Tunnel Control Room operators are not able to issue infringement notices but may refer incidents of note to Police for investigation.

It's not illegal, but you can still get a ticket.

Changing lanes is not illegal inside the Waterview Tunnel, but if you drive in an unsafe manner, and this includes an unsafe lane change, you put other motorists at risk, and this is a driving offence. If you happen to change lanes in an unsafe way inside the tunnel, then you could face enforcement action if its dangerous enough for the control room to refer you to police, or if a police officer sees you. The officer may also determine that any lane change inside the tunnel is unsafe given the informational signs and the confined nature of the tunnel which poses unique risks to road safety, in which case you'll need to argue your point in court - good luck with that one.