Traffic Act 1909 Motor Traffic Amendment (Bus Safety) Regulation 1997 (1997-368) [GG No 86 of 1.8.1997, p 5932] (NSW)

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1997 No 368

New South Wales

Motor Traffic Amendment (Bus

Safety) Regulation 1997

under the

Traffic Act 1909

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Traffic Act 1909.

Bob Debus

Acting Minister for Roads

Explanatory note

The objects of this Regulation are:

(a)

to extend the requirements relating to warning signs and lights in relation to buses used to transport school children to include buses used to transport the children during certain hours, and

(b)

to make it an offence for the owner of certain buses to permit a person to drive a bus, or for a person to drive a bus, unless the bus is fitted with:

(i)

a mirror system designed to improve the driver’s field of view of passenger doors,

(ii) padding to certain interior hard surfaces of the bus, and
(iii) a door system designed to prevent door entrapment, and

(c)

to make specific provision to limit the maximum door closing force of existing registered buses to reduce the possibility of passenger entrapment by a door.

This Regulation is made under the Traffic Act 1909, including sections 3 (1)

(a), (c) and (i), (2) (c) and (d) and (7).

Published in Gazette No 86 of 1 August 1997, page 5932 Page 1

1997 No 368

Clause 1 Motor Traffic Amendment (Bus Safety) Regulation 1997

Motor Traffic Amendment (Bus Safety)

Regulation 1997

1 Name of Regulation

This Regulation is the Motor Traffic Amendment (Bus Safety)

Regulation 1997.

2 Commencement

This Regulation commences on 1 August 1997.

3 Amendment of Motor Traffic Regulations 1935

The Motor Traffic Regulations 1935 are amended as set out in

Schedule 1.

4 Notes

The explanatory note does not form part of this Regulation.

1997 No 368

Motor Traffic Amendment (Bus Safety) Regulation 1997

Amendment of Motor Traffic Regulations 1935 Schedule 1
Schedule 1 Amendment of Motor Traffic
Regulations 1935

(Clause 3)

[1]        Regulation 136A Warning signs and lights for school buses

Insert “from time to time” after “Authority” in the definition of

warning system in Regulation 136A (1).

[2]        Regulation 136A (9), (10)

Omit Regulation 136A (9). Insert instead:

(9) In this Regulation, a reference to the driving of a bus for school purposes is a reference to the driving of a bus:
(a) that is being used to convey children (whether with or without adult passengers) to or from school:

(i)       between 7.00 am and 9.30 am on a weekday, or

(ii)     between 2.30 pm and 5.00 pm on a weekday, or

(b) that is used solely for the purpose of conveying children to or from school.

[3]       Regulations 136B, 136C

Insert after Regulation 136A:

136B Safety provisions for buses first registered on or after 1

August 1997

(1)

This Regulation applies to any bus accredited to operate regular passenger services within the meaning of the Passenger Transport Act 1990 and first registered on or after l August 1997.

1997 No 368

Motor Traffic Amendment (Bus Safety) Regulation 1997

Schedule 1 Amendment of Motor Traffic Regulations 1935
(2) In this Regulation:
bus door safety system means a bus door system
installed on a bus that:

(a)

is designed to prevent, without driver intervention, entrapment of persons by the closing of the doors, and

(b)

complies with the requirements of the technical specification approved by the Authority for the purposes of this Regulation.

safety padding means padding that:

(a)

is affixed to handrails, the top and back of seats, and partitions on buses, including raised items that are part of, or are affixed to, seats and partitions, and

(b)

complies with the requirements of the technical specification approved by the Authority for the purposes of this Regulation.

field of view system means a system installed on a bus
that:

(a)

provides the driver of the bus with an adequate view of the doorways of the bus, and

(b)

complies with the requirements of the technical specification approved by the Authority for the purposes of this Regulation.

(3) The owner of a bus must not permit any person to drive a
bus on a public street unless the bus is fitted with:
(a) a bus door safety system, and
(b) safety padding, and
(c) a field of view system.
A person must not drive a bus on a public street unless
(4) the bus is fitted with:
(a) a bus door safety system, and
(b) safety padding, and
(c) a field of view system.

1997 No 368

Motor Traffic Amendment (Bus Safety) Regulation 1997

Amendment of Motor Traffic Regulations 1935 Schedule 1
(5) A requirement of clause (2) or (3) does not apply:

(a)

to the owner of a bus whom the Authority exempts in writing from compliance with the requirement, and

(b)

to the driver of a bus, the owner of which has been exempted under paragraph (a).

(6)

The Authority is to make any approved technical specification approved for the purposes of this Regulation available on request.

136C Door requirements for buses registered before 1 August

(1) This Regulation applies. to buses fitted with driver controlled doors and first registered before 1 August 1997.
(2) The owner of a bus must not permit a person to drive a bus to which this Regulation applies on a public street on or after 1 August 1998 unless the steady force applied to any object located up to 1500 millimetres above the door step when the door of the bus is closing does not exceed 150 newtons when measured between 20 millimetres and 300 millimetres from the door’s fully closed position.
(3) A person must not drive a bus to which this Regulation applies on a public street on or after 1 August 1998 unless the steady force applied to any object located up to 1500 millimetres above the door step when the door of the bus is closing does not exceed 150 newtons when measured between 20 millimetres and 300 millimetres from the door’s fully closed position.
(4) Despite clauses (2) and (3), the steady force applied to any object located up to 1500 millimetres above the door step when the door of the bus is closing may, if a steady force of 150 newtons results in the door not working properly, be increased to a steady force that enables the door to work properly. However, it must not, in any case, be increased to more than 400 newtons.
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