HEAVY VEHICLE NATIONAL LAW
Queensland Heavy Vehicle Standards (Warning Lights And Signs On School Buses) Exemption Notice 2019 (No. 1)
1. Purpose
The purpose of this notice is to exempt a heavy vehicle to which it applies from the requirements of Division 16, Part 6 of Schedule 2 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 as in force in each participating jurisdiction.
3. Commencement
This notice commences on 10 February 2019.
4. Expiry
This notice expires on 9 February 2022.
5. Definitions
Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the Heavy Vehicle National Law.
In this notice—
bus means a bus —
(a) operated in Queensland; and
(b) fitted with warning lights after June 1999.
defined urban area means—
(a) the area of the City of Brisbane under the City of Brisbane Act 2010 (Qld); or
(b) an area for which a service contract is required under section 42 of the Transport Operations (Passenger Transport) Act 1994 (Qld) for the provision of road-based general route services that are not—
i. school services only; or
ii. services only for the carriage of eligible school students.
Queensland bus light and signage requirements means the requirements set out in Part 4 (Operators) of the Transport Operations Passenger Transport Standard 2010, made under the Transport Operations (Passenger Transport) Act 1994 (Qld).
school bus means a bus being used to provide a school service outside, or partly outside, a defined urban area, even though the bus may be used for other purposes at other times.
school service means a scheduled passenger service only or primarily for the transport of school students to and from school (other than for school excursions) on days that schools are open for instruction.
school student means a person who is—
(a) under 18 years; and
(b) enrolled at a State school or a non-State school.
6. Title
This Notice may be cited as the Queensland Heavy Vehicle Standards (Warning Lights and Signs on School Buses) Exemption Notice 2019 (No. 1).
7. Application
(1) This notice applies in the State of Queensland.
(2) This notice applies to—
(a) a school bus carrying school students; and
(b) a bus, other than a school bus.
8. Conditions of Exemption from Prescribed Vehicle Standards
(1) A school bus carrying school students is exempt from Division 16, Part 6 of Schedule 2 of the National Regulation where it complies with the ‘Queensland bus light and signage requirements.
(2) A bus, other than a school bus is exempt from Division 16, Part 6 of Schedule 2 of the National Regulation, and may be fitted with a warning sign or warning lights if the sign or lights are fitted and operated in accordance with the Queensland bus light and signage requirements.
9. Condition - Approved Routes
This notice applies to all roads in Queensland.
Geoff Casey
Executive Director Safety Standards & Assurance
National Heavy Vehicle Regulator
Overview
The Queensland Heavy Vehicle Standards (Warning Lights and Signs on School Buses) Exemption Notice 2019 (No. 1) was introduced to address the need for exemptions from certain heavy vehicle standards for school buses and other buses within Queensland, particularly regarding warning lights and signs. Enacted under the authority of section 61 of the Heavy Vehicle National Law, this legislation was crafted by the National Heavy Vehicle Regulator with a clear policy objective of balancing safety standards with practical operational requirements for buses in Queensland. The notice allows for exemptions for school buses and other buses, provided they adhere to specific Queensland bus light and signage requirements, thereby ensuring that vehicles meet necessary safety standards while also being operationally feasible. This exemption notice came into effect on 10 February 2019 and will remain in force until 9 February 2022, offering a temporary regulatory solution to the identified issues within the heavy vehicle sector in Queensland.
Scope and Application
The Queensland Heavy Vehicle Standards (Warning Lights and Signs on School Buses) Exemption Notice 2019 (No. 1) serves to exempt certain heavy vehicles from specific vehicle standards regulations under the Heavy Vehicle National Law. Specifically, this notice applies to school buses carrying school students and other buses operating within the state of Queensland. A school bus is defined as a vehicle used to transport school students to and from school, outside or partly outside a defined urban area, while a school student refers to a person under 18 years of age enrolled in a State or non-State school. The notice exempts these vehicles from the requirements of Division 16, Part 6 of Schedule 2 of the Heavy Vehicle (Vehicle Standards) National Regulation, provided they comply with Queensland bus light and signage requirements. Additionally, other buses, not used for school services, can be fitted with warning signs or lights if they adhere to the same Queensland requirements. The exemption applies to all roads in Queensland, and the notice is effective from 10 February 2019 until 9 February 2022.
Key Provisions
The main operative sections of this notice (sections 7 and 8) provide for the exemption of certain buses from specific vehicle standards requirements under the Heavy Vehicle (Vehicle Standards) National Regulation. Specifically, section 7(1) states that this notice applies to school buses carrying school students and buses other than school buses. Section 8(1) provides that a school bus carrying school students is exempt from the requirements of Division 16, Part 6 of Schedule 2 of the National Regulation if it complies with the Queensland bus light and signage requirements. Section 8(2) permits a bus other than a school bus to be exempt from the same requirements if it is fitted with warning signs or warning lights in accordance with the Queensland bus light and signage requirements.
This Act imposes several obligations on the parties it governs. For instance, school buses carrying school students must comply with the Queensland bus light and signage requirements to be exempt from the specified vehicle standards. Similarly, other buses must adhere to these requirements if they are to be fitted with warning signs or warning lights. These obligations ensure that all buses operating in Queensland, whether school buses or otherwise, meet certain safety standards relating to warning lights and signs.
The notice does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, it is reasonable to infer that non-compliance with the Queensland bus light and signage requirements could result in the bus not meeting the exemption conditions, potentially leading to enforcement actions under the Heavy Vehicle National Law. Although the notice itself does not specify penalties, the broader legislation under which it operates may impose fines or other sanctions for non-compliance with vehicle standards and safety requirements.