National Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption (Notice) 2015 (No. 1)

Overview

The National Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption (Notice) 2015 (No. 1) was enacted to address a specific gap in vehicle safety standards concerning the configuration of seats in certain buses. This notice was introduced under section 61 of the Heavy Vehicle National Law, as enforced by each participating jurisdiction. Its primary objective is to exempt specified categories of heavy vehicles from particular requirements of the Heavy Vehicle (Vehicle Standards) National Regulation. This exemption aims to accommodate the installation of "2 for 3" bus seats, which are designed with an additional centre seating position suitable for children under 12 years of age. The notice applies to buses exceeding 4.5 tonnes GVM in all participating jurisdictions, subject to certain conditions ensuring the safety and compliance of these modified seats with Australian Design Rules. This exemption is in effect for five years from its commencement, which was on the date of publication in the Commonwealth Gazette.

Scope and Application

The National Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption (Notice) 2015 (No. 1) applies to heavy vehicles over 4.5 tonne GVM in all participating jurisdictions, specifically targeting MD and ME category vehicles. The notice provides an exemption from certain vehicle standards as outlined in the Heavy Vehicle (Vehicle Standards) National Regulation, particularly concerning the minimum passenger seating position width requirements as per Australian Design Rule 58. This exemption is applicable to buses equipped with '2 for 3' seats, which are defined as double seats with an additional centre seating position suitable for children under 12. However, the exemption is contingent upon specific conditions being met, including compliance with the Energy Dissipation Test in Australian Design Rule 3, and adherence to Australian Design Rules 4 and 5, which pertain to seatbelts and their anchorages respectively. Furthermore, buses operating under this exemption must display a warning sign indicating that the 2 for 3 seats are only suitable for children under 12 years of age. This notice, made under section 61 of the Heavy Vehicle National Law, came into effect on the date of its publication in the Commonwealth Gazette and will remain in force for five years from that date.

Key Provisions

The National Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption (Notice) 2015 (No. 1) (Notice) provides exemptions from certain requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (National Regulation) for buses over 4.5 tonne GVM (section 8). Specifically, these buses are exempt from the minimum passenger seating position width requirement specified in clause 58.13.1 of Australian Design Rule 58 (section 9). The exemption is subject to specific conditions, which include the rear parts of the seat fitted directly in front of a centre seating position of a 2 for 3 bus seat complying with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages), and the centre seating position of a 2 for 3 bus seat complying with Australian Design Rule 4 (Seatbelts) and Australian Design Rule 5 (Anchorages for Seatbelts) (section 10). Additionally, the buses 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 (section 11). Parties governed by this Notice, specifically heavy vehicles (buses) over 4.5 tonne GVM, must comply with the conditions outlined in the Notice to be exempt from certain vehicle standards. This includes ensuring that the specified seating arrangements meet the requirements of Australian Design Rules 3, 4, and 5, and that appropriate warning labels are displayed to passengers. Compliance is mandatory for the exemption to apply. Failure to comply with these obligations may result in the heavy vehicle not being eligible for the exemption from the specified vehicle standards, potentially subjecting it to the full regulatory requirements of the National Regulation. Breaches of the conditions outlined in the Notice do not explicitly state civil or criminal penalties. However, non-compliance with the National Regulation, which the Notice aims to partially exempt certain vehicles from, can lead to a range of penalties under the Heavy Vehicle National Law. These can include fines, vehicle prohibition orders, and in severe cases, imprisonment. The specific penalties depend on the nature and severity of the breach and are determined by the courts. It is essential for parties governed by this Notice to ensure strict adherence to the specified conditions to avoid any potential legal repercussions.