HEAVY VEHICLE NATIONAL LAW
Australian Capital Territory Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2019 (No.1)
- Purpose
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. 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.
3. Title
This Notice may be cited as the Australian Capital Territory Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2019 (No.1).
4. Commencement
This Notice commences on 10 February 2019.
5. Expiry
This Notice expires on 9 February 2024.
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 bus operated by ACTION and fitted with a bicycle rack.
7. Application
(1) This Notice applies in the Australian Capital Territory 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, to the extent listed in column four.
Table 1 Exemption from Prescribed Vehicle Standards
Column 1 | Column 3 | Column 2 | Column 4 |
Item | Component | Component ADR | Requirement exempted |
1 | Safety Glazing Material | 8/01 | Glazing requirements in accordance with clause 7.2 |
2 | 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 |
3 | General Safety Requirements | 42/04 | External protrusions in accordance with clauses 11.1.1, 11.1.2 and 11.1.3 |
4 | Vehicle Configuration and Dimensions | 43/04 | Total length of vehicle in accordance with clause 6.1.1.1 |
5 | Vehicle Marking | 61/02 | Visibility of number plate in accordance with clause 9.1.1.3 |
9. Conditions
A vehicle operating under this notice must display the fleet number on the right and left side of the front of the bus beneath the corner of the windscreen.
Geoff Casey
Executive Director Safety Standards & Assurance
National Heavy Vehicle Regulator
Overview
The Australian Capital Territory Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2019 (No.1) was introduced to address specific compliance issues arising from the fitment of bicycle racks on buses operated by ACTION, thereby exempting these vehicles from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation. Authorised under section 61 of the Heavy Vehicle National Law, this notice aims to facilitate smoother operation of buses with bicycle racks within the Australian Capital Territory without compromising safety standards. The notice, which came into effect on 10 February 2019, will remain in force until 9 February 2024, unless otherwise revoked. The primary objective is to ensure that buses equipped with bicycle racks can operate legally while still adhering to the overall safety framework of the National Regulation.
Scope and Application
The Australian Capital Territory Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2019 (No.1) serves to exempt certain buses from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation within the Australian Capital Territory. This Notice applies exclusively to buses fitted with a bicycle rack operated by ACTION, which are otherwise non-compliant with certain Australian Design Rules (ADR) due to the rack's installation. These buses, termed "bike rack buses," are exempted from specific ADR compliance standards related to safety glazing, lighting, light signalling devices, general safety requirements, vehicle configuration, dimensions, and vehicle marking, as detailed in Table 1 of the Notice. However, buses under this exemption must display their fleet number on the right and left sides of the front beneath the corner of the windscreen. This Notice, made under section 61 of the Heavy Vehicle National Law, commenced on 10 February 2019 and will expire on 9 February 2024, unless otherwise altered by subordinate instruments.
Key Provisions
The Australian Capital Territory Heavy Vehicle Standards (Bus Bicycle Rack) Exemption Notice 2019 (No. 1) provides specific exemptions for buses fitted with bicycle racks from certain vehicle standards set out in the Heavy Vehicle (Vehicle Standards) National Regulation. This Notice applies to bike rack buses, defined as buses operated by ACTION and fitted with a bicycle rack, and exempts them from compliance with specific Australian Design Rules (ADRs) as listed in Table 1 of the Notice (sections 7 and 8). The Notice permits these buses to operate without full compliance with certain ADRs due to the installation of a bicycle rack, which may cause deviations from standard vehicle configurations. However, the buses must still display their fleet number on the right and left side of the front of the bus beneath the corner of the windscreen (section 9).
Under this Notice, bike rack buses are exempt from complying with certain ADRs including those related to safety glazing material, installation of lighting and light signalling devices, general safety requirements, vehicle configuration and dimensions, and vehicle marking (section 8). These exemptions apply only to the extent that the deviations from the ADRs are a result of the fitment of a bicycle rack. The buses must still adhere to other requirements not explicitly exempted by this Notice.
Entities or parties governed by this Notice, specifically those operating bike rack buses, are required to ensure that their buses display their fleet number as stipulated. This is a condition that must be met for the exemptions to apply (section 9). They must also ensure that any deviations from the prescribed vehicle standards are solely due to the fitment of the bicycle rack and not due to other modifications or non-compliance.
There are no specific offences, penalties, or consequences outlined in the Notice for breach of its provisions. However, the exemptions provided by the Notice are contingent on compliance with the specified conditions, such as the display of the fleet number. Failure to comply with these conditions may result in the exemptions no longer applying, potentially requiring the buses to comply with the full range of ADRs. The Notice serves as a regulatory measure to accommodate the practicalities of bike rack buses while maintaining a balance between operational flexibility and safety standards.