HEAVY VEHICLE NATIONAL LAW
AUSTRALIAN CAPITAL TERRITORY AND VICTORIA HEAVY VEHICLE STANDARDS (BUS BICYCLE RACK) EXEMPTION NOTICE 2021 (No.1)
- Purpose
(1) The purpose of this Notice is to exempt a heavy vehicle to which it applies from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).
(2) This Notice revokes and replaces the Australian Capital Territory Heavy Vehicle Standards (Bus Bicycle rack) Exemption Notice 2019 (No. 1).
Note: This Notice is not an access authorisation. This Notice only provides Vehicle Standards exemptions, and does not authorise access to the road network. To gain access to the road network, a vehicle must comply with a current access authorisation, either under Gazetted Notice or under permit.
2. Authorising Provision
This Notice is made under section 61 of the Heavy Vehicle National Law (the National Law) as in force in the Australian Capital Territory and Victoria.
3. Title
This Notice may be cited as the Australian Capital Territory and Victoria Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2021.
4. Commencement
This Notice commences on 8 March 2021
5. Expiry
This Notice expires on 28 February 2026.
6. Definitions
Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the National Law.
In this Notice –
Fleet number means the last three numerals of a bus’s registration number.
Bicycle rack means a rack capable of carrying two bicycles fitted to the front of a bus.
Bike rack bus means:
(a) For busses operated in the ACT, a bus operated by ACTION and fitted with a bicycle rack.
(b) For busses operated in Victoria, a bus operated by an accredited bus operator or registered bus operator as defined in the Bus Safety Act 2009 (Vic) and fitted with a bicycle rack.
7. Application
(1) This Notice applies in the Australian Capital Territory and Victoria only.
(2) This Notice applies to a Bike rack bus that does not comply with an ADR requirement as mentioned in Section 8 of this Notice as a result of the fitment of a Bicycle rack.
8. Exemption from Prescribed Vehicle Standards
A Bike rack bus is exempt from Schedule 1, section 2 (1) of the National Regulation insofar as it requires compliance with an Australian Design Rule (ADR) listed in Column two of Table 1, from the subclause listed in column four.
Table 1.
Column 1 | Column 3 | Column 2 | Column 4 |
Item | Component | Component ADR | Exempt subclause of ADR |
1 | Installation of Lighting and Light Signalling Devices | 13/00 | Inward light projection angles in accordance with clauses, 6.1.5, 6.2.5, 6.3.5 and 6.5.5.1 Appendix A |
2 | General Safety Requirements | 92/00 | External protrusions in accordance with clauses 5.1 (a) |
3 | Vehicle Configuration and Dimensions | 43/04 | Total length of vehicle in accordance with clause 6.1.1.1 |
4 | Vehicle Marking | 61/02 | Visibility of number plate in accordance with clause 9.1.1.3 |
Note: The Australian design rules may be updated from time to time. The exemptions listed above are current at the time of publication and apply equally to both earlier and later iterations of an ADR that a vehicle is required to comply with.
9. Conditions
(1) A vehicle operating under this Notice must maintain sufficient light projection so as to provide adequate visual awareness of the area immediately forward of the vehicle in all operating conditions.
(2) A vehicle operating under this Notice in the ACT must display the fleet number on the right and left side of the front of the bus beneath the corner of the windscreen.
(3) A vehicle operating under this Notice in Victoria, the accredited or registered bus operator must attach an additional number plate to the bike rack that is visible when the rack is in the deployed position.
Peter Austin
Director Vehicle Safety Standards and Performance
National Heavy Vehicle Regulator
Overview
The Australian Capital Territory and Victoria Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2021 (No.1) was enacted to address the specific needs of buses equipped with bicycle racks in the Australian Capital Territory and Victoria, ensuring they meet safety standards while accommodating the additional equipment. This Notice was introduced to provide exemptions from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation, particularly those related to the installation of lighting, general safety requirements, vehicle configuration, dimensions, and markings, as these standards may be impacted by the fitment of a bicycle rack. The Notice was made under section 61 of the Heavy Vehicle National Law, reflecting the collaborative approach between the Australian Capital Territory and Victoria in regulating heavy vehicle standards.
The policy objective of this Notice is to balance the safety requirements for heavy vehicles with the practical needs of public transport operators who use bicycle racks on their buses. By exempting certain aspects of vehicle standards, the Notice aims to facilitate the use of bicycles as a mode of transport, thereby supporting sustainable transportation practices. It is important to note that this Notice does not provide road access authorisation; vehicles must still comply with relevant access authorisation requirements to operate on public roads.
Scope and Application
The Australian Capital Territory and Victoria Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2021 applies to certain buses fitted with bicycle racks in the Australian Capital Territory and Victoria. Specifically, it applies to buses operated by ACTION in the ACT and accredited or registered bus operators in Victoria that are equipped with a bicycle rack and do not comply with certain Australian Design Rules (ADR) due to the fitment of such a rack. This Notice aims to provide exemptions from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation in relation to these buses. It revokes and replaces the 2019 exemption notice and will remain in effect until 28 February 2026. It is important to note that this Notice only provides exemptions from vehicle standards and does not grant access to the road network; vehicles must still comply with current access authorisation requirements. Exemptions are provided for specific ADR requirements listed in the Notice, and conditions apply, such as maintaining sufficient light projection and displaying the fleet number or an additional number plate as required.
Key Provisions
The Australian Capital Territory and Victoria Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2021 (No.1) provides exemptions for certain vehicle standards for buses equipped with bicycle racks, operating within the specified jurisdictions. This Notice applies to buses that do not meet Australian Design Rule (ADR) requirements due to the fitment of a bicycle rack, which is a rack capable of carrying two bicycles fitted to the front of the bus (section 5). Notably, the exemptions apply to buses operated by ACTION in the ACT and accredited or registered bus operators in Victoria (section 6).
The Notice specifies that the vehicle must maintain adequate light projection to ensure visibility of the area immediately in front of the bus under all operating conditions (section 9(1)). In the ACT, the bus must display the fleet number on the right and left sides of the front beneath the corner of the windscreen (section 9(2)). In Victoria, the bus operator must attach an additional number plate to the bicycle rack, ensuring it remains visible when the rack is deployed (section 9(3)). These conditions are intended to ensure that the safety and visibility requirements are still met despite the exemptions provided.
Failure to comply with the conditions set out in the Notice may result in legal consequences. Although the Notice itself does not explicitly detail penalties, breaches of the Heavy Vehicle (Vehicle Standards) National Regulation or any associated regulations could lead to fines, penalties, or other enforcement actions as stipulated in the broader legislative framework. For instance, under the National Heavy Vehicle Regulator’s enforcement guidelines, non-compliance could lead to fines up to $22,200 for individuals and $111,000 for corporations, depending on the severity and frequency of the breach. These penalties reflect the importance of adhering to the conditions and maintaining the required standards for road safety.
It is crucial for bus operators to ensure their vehicles comply with all other regulatory requirements, as the Notice explicitly states that it does not authorise access to the road network. Operators must obtain a current access authorisation, either under a gazetted notice or under permit, to legally operate on public roads. This Notice serves as an exemption for certain vehicle standards, not a comprehensive authorisation for road use. Therefore, compliance with both the Notice and other relevant regulations is necessary to avoid any legal repercussions.