Heavy Vehicle National Law
Multi-State Class 3 Bus Mass Exemption (Notice) 2014 Amendment Notice (No.2) 2016
Statutory Instrument Series: Administrative Amendment Notice
Part 1 – Preliminary
1 Purpose
This Notice amends the Multi-State Class 3 Bus Mass Exemption (Notice) 2014 published in the Commonwealth Gazette on 30 January 2014, and identified as C2014G00166, as amended by the New South Wales and Victoria Class 3 Bus Mass Limit Exemption (Notice) 2014 (No.1) Amendment Notice (No.1) 2016 published in the Commonwealth Gazette on 22 August 2016 and identified as C2016G01130.
2 Authorising provision
This Notice is made under the following sections of the Heavy Vehicle National Law as applied in each participating jurisdiction—
Section 117 of the Heavy Vehicle National Law (HVNL) - Regulator's power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement, and
Section 23(a) of Schedule 1, HVNL – Power to make instrument or decision includes power to amend or repeal.
3 Commencement
This Notice commences on the date of publication.
4 Title
This Notice may be cited as the Multi-State Class 3 Bus Mass Exemption (Amendment) Notice 2016 (No.2).
5 Notice amended
This Notice amends the Multi-State Class 3 Bus Mass Exemption (Notice) 2014.
6 Amendment of section 7, Application
Subsection (1)—after “areas”, insert—“and routes”.
Subsection (2)—after “areas”, insert—“and routes”.
7 Amendment of section 17, Area and routes - Queensland
Heading—“Area and routes”
omit, insert—
“Areas and routes”.
8 Amendment of section 25, Area or routes
Heading—“Area or routes”
omit, insert—
“Areas and routes”.
9 Amendment of section 26, Interpretation
Definition—‘‘ ‘community bus service’ means a bus service provided in accordance with a community transport agreement under Part 3 of the Passenger Transport Act 2014 (NSW).”
omit, insert—
‘‘ ‘regular bus service’ means a bus service carrying passengers for fare or other consideration that is conducted according to regular routes and timetables in accordance with a passenger service contract entered into under Part 3 of the Passenger Transport Act 2014 (NSW).”
10 Amendment of section 28, Eligible Vehicle
“community bus service”
omit, insert—
“regular bus service”.
11 Amendment of section 32, Area or routes
Heading—“Area or routes”
omit, insert—
“Areas and routes”.
12 Amendment of section 33, Interpretation
Definition—‘‘ ‘community bus service’ means a bus service provided in accordance with a community transport agreement under Part 3 of the Passenger Transport Act 2014 (NSW).”
omit, insert—
‘‘ ‘regular bus service’ means a bus service carrying passengers for fare or other consideration that is conducted according to regular routes and timetables in accordance with a passenger service contract entered into under Part 3 of the Passenger Transport Act 2014 (NSW).”
13 Amendment of section 35, Eligible Vehicle
“community bus service”
omit, insert—
“regular bus service”.
14 Amendment of section 40, Area or Routes
Heading—“Area or routes”
omit, insert—
“Areas and routes”.
Dated 7 September 2016
Peter Caprioli
Director of Access
National Heavy Vehicle Regulator
Overview
The Multi-State Class 3 Bus Mass Exemption (Amendment) Notice 2016 (No.2) was enacted to amend the Multi-State Class 3 Bus Mass Exemption (Notice) 2014, which had been introduced to address a gap in the regulation of heavy vehicle mass limits for certain class 3 buses across multiple states. This amendment was necessary to ensure consistency and clarity in the interpretation and application of the original exemption. The Notice was made under the authority of the Heavy Vehicle National Law (HVNL), specifically Section 117 which grants the Regulator’s power to exempt a category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirements, and Section 23(a) of Schedule 1, HVNL, which allows for the amendment or repeal of instruments or decisions. The purpose of this amendment is to refine the eligibility criteria and definitions related to the routes and services that can benefit from the exemption, ensuring that the regulatory framework remains effective and adaptable to the evolving needs of the transport industry.
Scope and Application
The Multi-State Class 3 Bus Mass Exemption (Amendment) Notice 2016 (No.2) amends the Multi-State Class 3 Bus Mass Exemption (Notice) 2014, applying under the Heavy Vehicle National Law as implemented in each participating jurisdiction. This legislative amendment is made under Sections 117 and 23(a) of the Heavy Vehicle National Law, empowering the regulator to exempt certain categories of heavy vehicles from mass or dimension requirements. The Notice extends its application to eligible vehicles involved in regular bus services in specified areas and routes within participating jurisdictions, including New South Wales and Victoria. It replaces the term "community bus service" with "regular bus service" to clarify the scope of exempted vehicles, ensuring they operate under regular routes and timetables as per passenger service contracts under the Passenger Transport Act 2014 (NSW). This amendment commenced on the date of its publication and is effective across the jurisdictions that have adopted the Heavy Vehicle National Law.
Key Provisions
This Amendment Notice modifies the Multi-State Class 3 Bus Mass Exemption (Notice) 2014 (section 10), introducing several changes to the original Notice. Firstly, the application scope is expanded to include not just specific areas but also routes (section 7). The Notice also revises the headings and definitions to consistently refer to "Areas and routes" instead of "Area or routes" (sections 17, 25, 32, 40). Additionally, the term "community bus service" is replaced with "regular bus service" in the relevant sections (sections 26, 33, 28, 35). These changes are intended to clarify and update the scope of the exemption to include regular bus services operating on specified routes, thereby expanding the types of buses that may be exempt from certain mass requirements.
The obligations under this Amendment Notice require entities operating regular bus services to adhere to the updated definitions and application scope. Specifically, they must ensure that their services align with the newly defined "regular bus service" criteria, including operating on specified routes and in accordance with passenger service contracts. This includes maintaining records and documentation to demonstrate compliance with the Notice's provisions. Additionally, operators must be aware of and comply with any changes in the areas and routes that the exemption applies to, ensuring that their buses meet the specified mass requirements unless exempted.
Failure to comply with the provisions of this Amendment Notice can result in legal consequences. While the Notice itself does not explicitly outline specific offences or penalties, non-compliance could potentially lead to enforcement actions under the Heavy Vehicle National Law (HVNL). This may include fines, penalties, or other sanctions as prescribed by the relevant jurisdiction's transport laws. The exact penalties would depend on the severity and nature of the breach, but they could include substantial financial penalties, enforcement actions, or even suspension of the bus service's operating license. Operators are therefore advised to ensure strict adherence to the Notice to avoid such repercussions.