New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2024G00106 In force Gazette

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HEAVY VEHICLE NATIONAL LAW

1 Purpose

The purpose of this Notice is to exempt specified types of buses from the mass limits and axle mass limits of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).

2 Authorising provision

This Notice is made under Section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL).

3 Title

This Notice may be cited as the New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1).

4 Commencement

This Notice commences on 10 February 2024.

5 Expiry

This Notice expires on 9 February 2029.

6 Definitions

Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the HVNL.

‘ABS’ means antilock braking system

‘ADR’ means Australian Design Rule

Guide means the New South Wales Class3 Bus Mass Exemption Operator’s Guide.

‘Australian Road Authority’ includes the National Heavy Vehicle Regulator

‘EBS’ means electronic braking system

‘ESC’ means electronic stability control

‘UN ECE’ means the United Nations Economic Commission for Europe Regulation”.

7 Application

(1) This Notice applies to eligible three axle buses operating in the stated areas and routes in New South Wales.

Part 3 – Three axle complying buses

8 Application

This Part applies to an eligible vehicle operating in New South Wales.

9 Eligible vehicle

An eligible vehicle for this Part is—

(a) a three axle complying bus that has a tandem rear axle group fitted either with —

(i) single tyres on one axle and dual tyres on the other axle; or

(ii) dual tyres on both axles; and

(b) that complies with the relevant conditions of this Part.

10 Exemption from prescribed mass requirement

An eligible vehicle is exempt from the following prescribed mass requirements in Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) Regulation (the Regulation), to the extent provided in this Notice, for travel in the stated areas –

(a) section 2(1)(a)(i)(B); and

(b) section 2(1)(a)(i)(C).

11 Mass limit

The mass of an eligible vehicle must not be more than—

(a) for an eligible vehicle described in section 9(a)(i) – 20.5t.

(b) for an eligible vehicle described in section 9(a)(ii) – 23.0t.

12 Axle and axle group mass limits

The mass on an axle or an axle group of an eligible vehicle must not exceed the limits that apply to single axles and axle groups as set out in Table 1, Part 2 of Schedule 1 to the Regulation.

13 Vehicle safety conditions

(1) An eligible vehicle must be fitted with either—

(a) an ABS that complies with ADR 35/04 or later and an EBS that complies with UN ECE R13; or

(b) an ESC system that complies with –

(i) for a vehicle to which ADR 35/06 applies – ADR 35/06; or

(ii) for another vehicle – UN ECE R13.

(2) The manufacture date of an eligible vehicle is the date shown on its identification plate.

(3) Compliance with the requirements of sub-section (1) must be verified by either—

(a) an identification plate issued by a person authorised by an Australian Road Authority to affix an identification plate; or

(b) a certificate verifying modifications issued by a person authorised by an Australian Road Authority to certify heavy vehicle modifications; or

(c) an original letter from the manufacturer of the vehicle stating that the vehicle complies with the requirements of subsection (1), and providing details of which system is installed, the model, and the VIN on the vehicle.

(4) A certificate or letter referred to in subsection (3)(b) or (3)(c) must be carried in the driving compartment of the vehicle.

14 Areas and routes

(1) An eligible vehicle operating under this Part may use any road in New South Wales.

(2) Regardless of any access granted under this section, an eligible vehicle must comply with any conditions or restrictions applied to a stated area or route in the Specified Road Manager Network Requirements in the Guide.

Part 4 – Three axle ultra-low floor buses

15 Interpretation

In this Part –

‘disrupted railway passenger services’ means the unplanned disruption of railway passenger services operated by a NSW entity that are sufficiently serious to require the provision of rail replacement bus services.

‘rail replacement bus service’ means a bus operated by an accredited service operator within the meaning of the Passenger Transport Act 2014 (NSW) for the purpose of carrying passengers, and persons who were proposing to be passengers, of disrupted railway passenger services.

‘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).

16 Application

This Part applies to an eligible vehicle operating in New South Wales.

17 Eligible vehicle

An eligible vehicle for this Part is—

(a) a three axle bus providing a rail replacement bus service or a regular bus service that is either—

(i) a rigid ultra-low floor bus that is longer than 12.5m but not longer than 14.5m, and that has a rear tandem axle group fitted with single tyres on one axle and dual tyres on the other axle; or

(ii) an articulated ultra-low floor bus that has three single axles, fitted with dual tyres on the centre and rear axles; and

(b) that complies with the relevant conditions of this Part.

18 Exemption from prescribed mass requirement

An eligible vehicle is exempt from the following prescribed mass requirements in Schedule 1 of the Regulation, to the extent provided in this Notice, for travel in the stated areas—

(a) section 2(1)(a)(i)(B); and

(b) section 2(1)(b); and

19 Mass limit

The mass of an eligible vehicle must not be more than—

(a) for an eligible vehicle described in section 17(a)(i) – 20.8t.

(b) for an eligible vehicle described in section 17(a)(ii) – 26.8t.

20 Axle and axle group mass limits

(1) An eligible vehicle described in section 17(a)(i) must not exceed the following mass limits—

(a) for a steer axle – 6.5t.

(b) for a tandem axle group – 14.5t.

(2) An eligible vehicle described in section 17(a)(ii) must not exceed the following mass limits—

(d) for a central axle – 9.0t.

(e) for a rear axle – 11.8t.

21 Areas and routes

(1) An eligible vehicle operating under this Part may use any road in New South Wales.

Part 5 – Three axle double decker buses

22 Interpretation

In this Part—

‘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 under Part 3 of the Passenger Transport Act 2014 (NSW).

23 Application

This Part applies to an eligible vehicle operating in New South Wales.

24 Eligible vehicle

An eligible vehicle for this Part is—

(a) a three axle double decker bus no longer than 12.5m that is providing a regular bus service, and that has either—

(i) a twinsteer axle; or

(ii) a rear tandem axle group fitted with single tyres on one axle and dual tyres on the other axle; and

(b) complies with the relevant conditions of this Part.

25 Exemption from prescribed mass requirement

An eligible vehicle is exempt from the following prescribed mass requirements in Schedule 1 of the Regulation to the extent provided in this Notice, for travel in the stated areas—

(a) section 2(1)(b); and

(b) section 4 as it relates to the general mass limits specified in Table 1 (Axle mass limits table) of Part 2.

26 Mass limit

The mass of an eligible vehicle must not be more than 22.0t.

27 Axle and axle group mass limits

(1) An eligible vehicle described in section 24(a)(i) must not exceed the following axle mass limits –

(a) for a twinsteer axle – 11.0t.

(b) for a rear axle – 11.0t

(2) An eligible vehicle described in section 24(a)(ii) must not exceed the following axle mass limits –

(a) for a steer axle – 6.5t.

(b) for a tandem axle group – 15.5t.

28 Vehicle safety conditions

(1) An eligible vehicle must be fitted with either—

(a) an ABS that complies with ADR 35/04 or later and an EBS that complies with UN ECE R13; or

(b) an ESC system that complies with —

(i) for a vehicle to which ADR 35/06 applies – ADR 35/06; or

(ii) for another vehicle – UN ECE R13.

(2) The manufacture date of an eligible vehicle is the date shown on its identification plate.

(3) Compliance with the requirements of sub-section (1) must be verified by either—

(a) an identification plate issued by a person authorised by an Australian Road Authority to affix an identification plate; or

(b) a certificate verifying modifications issued by a person authorised by an Australian Road Authority to certify heavy vehicle modifications; or

(4) A certificate or letter referred to in subsection (3)(b) or (3)(c) must be carried in the driving compartment of the vehicle.

29 Areas and routes

(1) An eligible vehicle operating under this Part may use any route specified on the ‘Roads Approved for Double Deck Buses’ published in the Guide.

Peter Austin

Director, Policy Implementation

National Heavy Vehicle Regulator

Overview

The New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1) was introduced to address the need for exemptions from certain mass limits and axle mass limits as specified in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. Enacted under Section 117 of the Heavy Vehicle National Law (HVNL), this Notice was formulated to provide flexibility in the application of mass limits for specific types of buses operating in New South Wales, ensuring that these vehicles can be used effectively while maintaining safety standards. The policy objective is to facilitate the operation of certain buses within New South Wales by exempting them from particular mass restrictions, thus accommodating the operational needs of bus services within the state. The Notice exempts specified three-axle buses, including complying buses, ultra-low floor buses, and double decker buses, from certain mass and axle mass limits, provided they meet the conditions outlined in the Notice. This exemption is intended to support the operational efficiency of these buses, particularly in the context of rail replacement services and regular bus services, while ensuring compliance with safety requirements through the installation of appropriate braking systems and compliance verification.

Scope and Application

The New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1) applies to specific types of three-axle buses operating within the state of New South Wales. This Notice, made under Section 117 of the Heavy Vehicle National Law (HVNL), exempts eligible vehicles from certain mass and axle mass limits stipulated in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. The eligible vehicles include three-axle complying buses, three-axle ultra-low floor buses, and three-axle double decker buses, each meeting specific criteria such as axle configurations and vehicle dimensions. The exemption applies to buses operating within New South Wales, and compliance with the conditions of this Notice is mandatory, including adherence to specified mass limits and vehicle safety requirements. The Notice also mandates that compliance verification must be documented and carried in the vehicle. The Notice commences on 10 February 2024 and expires on 9 February 2029, and its scope can be extended or restricted through subordinate instruments as necessary.

Key Provisions

The New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1) primarily exempts specific types of buses from the mass and axle mass limits stipulated in the Heavy Vehicle (Mass, Dimension and Loading) National Regulation. This Notice applies to eligible three-axle buses operating in New South Wales and includes exemptions for three-axle complying buses, three-axle ultra-low floor buses, and three-axle double decker buses. The Notice specifies the mass limits for each type of eligible vehicle, ensuring that these buses do not exceed certain weight thresholds, which are detailed in the relevant sections of the Notice (sections 8, 11, 16, 18, 23, and 26). The obligations imposed by the Notice on the parties it governs include ensuring that eligible vehicles are fitted with safety systems such as ABS, EBS, or ESC, as specified in sections 13 and 28. Compliance with these safety requirements must be verified through an identification plate, a certificate, or an original letter from the manufacturer. Additionally, the vehicles must comply with any conditions or restrictions applied to specified areas or routes as outlined in the Specified Road Manager Network Requirements in the Guide. The Notice also mandates that a certificate or letter verifying compliance with the safety requirements must be carried in the driving compartment of the vehicle (sections 13(3), 28(3), and 28(4)). Failure to comply with the requirements of this Notice may result in civil or criminal penalties. While the specific penalties are not detailed in the Notice, breaches of heavy vehicle regulations typically attract fines and other legal consequences. The precise penalties would depend on the severity of the breach and the specific provisions of the Heavy Vehicle National Law and other relevant legislation.

Area of Law: Transport Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Commencement Provisions; Exemptions & Exclusions; Vehicle Safety Conditions

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content

Part 4 – Three axle ultra-low floor buses

Part 5 – Three axle double decker buses

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

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