HEAVY VEHICLE NATIONAL LAW
NATIONAL HEAVY VEHICLE STANDARDS (2 FOR 3 BUS SEAT) EXEMPTION (NOTICE) 2015 (NO. 1)
Purpose
- The purpose of this notice is to exempt stated categories of heavy vehicles from the requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation) specified in this notice.
Authorising Provision
2. This notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.
Title
3. This notice may be cited as the National Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption (Notice) 2015 (No. 1).
Commencement
4. This notice commences on the date of publication in the Commonwealth Gazette.
Expiry
5. This notice expires 5 years after its commencement.
Definition
6. Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL and the Australian Design Rules.
7. In this notice –
A ‘2 for 3 seat’ means a double seat, consisting of two adult seating positions, that incorporates an additional centre seating position with a lap sash seat belt fitted within the two original seating positions and which has been shown to comply with the applicable vehicle standards in this configuration for occupation of each of the three seating positions by a child under 12.
Application
8. This notice applies to buses over 4.5 tonne GVM (MD and ME category vehicles) in all participating jurisdictions.
Exemptions from prescribed vehicle standards
9. A heavy vehicle described in clause 8 of this notice is exempt from the minimum passenger seating position width requirement of clause 58.13.1 of Australian Design Rule 58 for the purposes of compliance with Part 1 of Schedule 1 of the National Regulation.
Conditions
10. A 2 for 3 bus seat fitted to a heavy vehicle (bus) must meet the Australian Design Rule requirements specified below :
(a) the rear parts of the seat fitted directly in front of a centre seating position of a 2 for 3 bus seat must comply with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages); and
(b) the centre seating position of a 2 for 3 bus seat must comply with Australian Design Rule 4 (Seatbelts) and Australian Design Rule 5 (Anchorages for Seatbelts).
11. A bus operating under this notice must have a conspicuous label or sign affixed inside the bus warning passengers that a 2 for 3 seat can only be used by children under 12 years of age when used in a three seat configuration.
Declaration
I, Sal Petroccitto, delegate of the National Heavy Vehicle Regulator, hereby exempt the heavy vehicles specified in this notice from the stated requirements of the National Regulation to the extent and on the conditions specified in this notice.
Dated 16 January 2015
Sal Petroccitto
Chief Executive Officer
National Heavy Vehicle Regulator