Heavy Vehicle National Law - New South Wales Heavy Vehicle Standards (2 For 3 Bus Seat) Exemption Notice 2021 (No.1)

Overview

The New South Wales Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption Notice 2021 (No.1) was enacted to provide a temporary exemption from certain vehicle standards for specific heavy vehicles in New South Wales. This notice was introduced to address a gap in the current regulations concerning the design and safety requirements for buses fitted with '2 for 3 bus seats', which are seats designed to accommodate three children under 12 years old in a three-seat configuration. Authorised under section 61 of the Heavy Vehicle National Law as in force in New South Wales, the notice aims to ensure that while these buses are exempt from specific width requirements, they still meet other critical safety standards. The notice took effect on 11 March 2021 and will expire on 10 March 2022, providing a temporary solution while allowing for ongoing evaluation of the safety implications of these seating arrangements.

Scope and Application

The New South Wales Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2021 (No.1) applies specifically to buses over 4.5 tonnes Gross Vehicle Mass (GVM) within the state of New South Wales, encompassing MD and ME category vehicles. This exemption notice is designed to relieve certain vehicles from particular requirements outlined in Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation, thereby facilitating compliance with national vehicle standards in a manner that accommodates specific seating configurations. The notice is made under section 61 of the Heavy Vehicle National Law and comes into effect on 11 March 2021, expiring on 10 March 2022. Notably, the exemption pertains to buses featuring a '2 for 3 bus seat', which consists of two adult seating positions and an additional centre seating position suitable for children under 12 years of age. While the notice exempts these vehicles from the minimum passenger seating position width requirement, it stipulates that 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 and the centre seating position must adhere to Australian Design Rule 5. Additionally, buses operating under this exemption must display a clear warning label indicating that the 2 for 3 bus seat is only to be used in a three-seat configuration by children under 12 years of age.

Key Provisions

The New South Wales Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2021 (No.1) provides an exemption from certain vehicle standards for buses with a Gross Vehicle Mass (GVM) over 4.5 tonnes, specifically those with 2 for 3 bus seats. Under section 8 of the notice, these buses are exempt from the minimum passenger seating position width requirement stipulated in clause 58.13.1 of Australian Design Rule 58/.. However, this exemption is conditional and comes with specific requirements. According to section 9, any 2 for 3 bus seat fitted to a heavy vehicle must adhere to certain Australian Design Rule requirements. The rear parts of the seat, directly in front of the centre seating position, must comply with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages). Additionally, the centre seating position itself must comply with Australian Design Rule 5 (Anchorages for Seatbelts). Furthermore, section 9 also mandates that buses operating under this notice must display a conspicuous label or sign inside the bus, warning passengers that a 2 for 3 bus seat can only be used in a three-seat configuration by children aged under 12 years. The obligations imposed on the parties or entities governed by this notice include ensuring that the 2 for 3 bus seats are installed in accordance with the specified Australian Design Rules. This means that the seats must be designed and fitted in such a way that they comply with the Energy Dissipation Test and the Anchorages for Seatbelts. Furthermore, the buses must display a clear warning sign indicating the appropriate age and usage restrictions for the 2 for 3 bus seats. These obligations are clearly outlined in sections 8 and 9 of the notice. Failure to adhere to these requirements could potentially result in the bus not being compliant with the National Regulation, leading to potential legal and safety issues. In terms of consequences for non-compliance, the notice does not explicitly outline specific offences, penalties, or consequences. However, non-compliance with the National Regulation could lead to various civil or criminal consequences depending on the severity and nature of the breach. For example, operating a vehicle that does not meet the prescribed standards could result in fines, vehicle impoundment, or other enforcement actions. Additionally, the heavy vehicle operator or owner could be liable for any resulting damages or injuries due to non-compliance with the vehicle standards. The notice references the National Law and the National Regulation, which provide a framework for such enforcement actions and penalties.