Overview

The New South Wales Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption Notice 2020 (No. 1) was enacted to address the issue of specific seating configurations in heavy vehicles, particularly those accommodating children. This notice was introduced to provide an exemption from certain standards under Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation, as in force in New South Wales. Authorised by section 61 of the Heavy Vehicle National Law, this exemption aims to facilitate the operation of buses with a particular seating arrangement known as a "2 for 3 bus seat," which is designed to accommodate two adults and a child under 12 years of age in a three-seat configuration. The notice was enacted by the National Heavy Vehicle Regulator and is intended to ensure that such seating arrangements meet specific safety standards while providing a temporary exemption from certain regulatory requirements. This measure was designed to enhance safety and compliance within the heavy vehicle industry in New South Wales.

Scope and Application

The New South Wales Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption Notice 2020 (No.1) provides a temporary exemption from certain vehicle standards requirements for heavy vehicles, specifically buses over 4.5 tonne GVM within the state of New South Wales. This Notice is made under section 61 of the Heavy Vehicle National Law and aims to exempt eligible buses from the minimum passenger seating position width requirement of Australian Design Rule 58/13. The exemption applies only to buses equipped with a '2 for 3 bus seat', defined as a bus seat consisting of two adult seating positions with an additional centre seating position designed for children under 12 years of age. The exemption is conditional upon the buses meeting specific Australian Design Rule requirements, including compliance with the Energy Dissipation Test for rear parts of the seat and the Anchorages for Seatbelts for the centre seating position. Additionally, buses operating under this exemption must display a conspicuous label or sign warning passengers that the centre seating position can only be occupied by children under 12 years when used in a three-seat configuration. The Notice is effective from 12 March 2020 until 11 March 2021, applying solely within New South Wales.

Key Provisions

The New South Wales Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption Notice 2020 (No.1) primarily exempts certain heavy vehicles from specific requirements under Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation (section 8). Specifically, it exempts buses over 4.5 tonnes GVM from the minimum passenger seating position width requirement (clause 58.13.1 of Australian Design Rule 58). This exemption applies to buses that are fitted with a '2 for 3 bus seat' as defined in the notice, which is a bus seat consisting of two adult seating positions and an additional centre seating position for occupation by three persons under 12 years of age (section 6). The Act imposes several obligations on parties governed by it. Firstly, any 2 for 3 bus seat fitted to a heavy vehicle must meet specific Australian Design Rule requirements. Specifically, the rear parts of the seat fitted directly in front of the centre seating position must comply with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages), and the centre seating position must comply with Australian Design Rule 5 (Anchorages for Seatbelts) (section 9). Additionally, buses operating under this notice must have a conspicuous label or sign affixed inside the bus, warning passengers that a 2 for 3 bus seat can only be used in a three-seat configuration by children under 12 years (section 9). There are no explicit offences, penalties, or consequences for breach of this notice. However, the notice is made under section 61 of the Heavy Vehicle National Law, which provides a framework for imposing penalties for non-compliance with the National Law and associated regulations. Under the National Law, the maximum penalty for contravening the National Regulation is 500 penalty units (approximately AUD 75,000) for an individual and 2,500 penalty units (approximately AUD 375,000) for a body corporate. The notice itself does not specify the penalties applicable to breaches of its provisions. However, it is reasonable to infer that similar penalties would apply for breaches of this notice as for breaches of the National Regulation. In summary, this notice provides an exemption from certain vehicle standards for buses over 4.5 tonnes GVM fitted with a 2 for 3 bus seat. It imposes obligations on parties to ensure the seats meet specific design requirements and that passengers are warned of the appropriate use of the seats. There are no explicit penalties specified in the notice itself, but penalties for breaches of the National Law and associated regulations would likely apply. The notice is in force for one year from 12 March 2020, expiring on 11 March 2021.