Overview

The South Australian Heavy Vehicle Standards (2 For 3 Bus Seat) Exemption Notice 2021 (No.1) was introduced to provide a temporary exemption from certain vehicle standards requirements for heavy vehicles in South Australia. This Notice was enacted to address a specific gap in the regulatory framework concerning the design and safety standards of bus seats that incorporate a centre seating position for children under 12 years of age. The Notice was made under section 61 of the Heavy Vehicle National Law, reflecting the legislative intent to harmonise heavy vehicle standards across Australia while allowing for state-specific exemptions where necessary. The primary objective of this exemption is to ensure that the safety standards for 2 for 3 bus seats are met through alternative compliance measures, while also providing clear communication to passengers about the appropriate use of these seats. This exemption aims to facilitate the transition and compliance with the new standards without compromising the safety of passengers.

Scope and Application

The South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2021 (No.1) applies specifically within South Australia to buses that exceed 4.5 tonnes gross vehicle mass (MD and ME category vehicles). This Notice exempts these heavy vehicles from certain standards prescribed under Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation, more specifically, the minimum passenger seating position width requirement as outlined in clause 58.13.1 of Australian Design Rule 58. However, the exemption is conditional; the 2 for 3 bus seat fitted to the vehicle must meet specific Australian Design Rule requirements, such as the Energy Dissipation Test for the rear parts of the seat and compliance with the Anchorages for Seatbelts rule for the centre seating position. Additionally, buses operating under this exemption must display a conspicuous label inside the bus, warning passengers that the 2 for 3 bus seat is only suitable for children under 12 years of age when used in a three-seat configuration. This Notice, made under section 61 of the Heavy Vehicle National Law, commences on 29 January 2021 and will expire on 28 January 2023, unless further extended or amended.

Key Provisions

This Notice, effective from 29 January 2021 and expiring on 28 January 2023, provides an exemption from certain vehicle standards requirements for heavy vehicles in South Australia. Specifically, Section 8 of the Notice exempts heavy vehicles from the minimum passenger seating position width requirement under clause 58.13.1 of Australian Design Rule 58/.. However, this exemption comes with specific conditions that must be met, as outlined in Section 9. Under Section 9, the 2 for 3 bus seats must comply with certain Australian Design Rule requirements. The rear parts of the seat fitted directly in front of a centre seating position must comply with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages). Additionally, the centre seating position must comply with Australian Design Rule 5 (Anchorages for Seatbelts). Furthermore, Section 9 also mandates that 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 aged under 12 years. Parties governed by this Notice, primarily heavy vehicle operators in South Australia, must ensure that their vehicles meet the specified conditions to comply with the exemption provisions. This includes adhering to the design rule requirements for 2 for 3 bus seats and ensuring that appropriate warnings are displayed inside the bus. Failure to comply with these requirements may result in legal repercussions. Section 10 of the Notice does not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the conditions set out in this Notice could lead to enforcement actions under the Heavy Vehicle National Law. Potential consequences may include fines, vehicle impoundment, or other penalties as prescribed by the relevant authorities. The exact penalties would depend on the specific nature and severity of the non-compliance, as well as any additional provisions or regulations in place at the time of enforcement.