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

Overview

The South Australia and Tasmania Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption Notice 2015 was introduced to address a specific issue concerning the capacity of certain bus seats in South Australia and Tasmania, allowing three children to occupy a seat designed for two adults. Enacted under the authority of section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction, this notice aims to provide a temporary exemption from certain seat width requirements for buses with a Gross Vehicle Mass (GVM) over 4.5 tonnes and fitted with 2 for 3 seats. The notice, which commenced on 1 October 2015 and will expire on 30 September 2018, applies to buses registered in South Australia or Tasmania, with conditions ensuring the safe use of these seats by limiting their occupancy to no more than three children at a time. The policy objective is to accommodate the seating needs of children on public transport without compromising safety standards.

Scope and Application

The South Australia and Tasmania Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption Notice 2015 applies to buses registered in South Australia or Tasmania that exceed a Gross Vehicle Mass (GVM) of 4.5 tonnes and are equipped with seats designed for two adults but can accommodate three children. This exemption is designed to allow a more flexible seating arrangement in certain buses for the transportation of children without compromising safety. The exemption is granted under section 61 of the Heavy Vehicle National Law (HVNL) as in force in South Australia and Tasmania, and it operates within the jurisdictional reach of these states, not extending to other parts of Australia. The exemption is valid from 1 October 2015 until 30 September 2018, and it exempts these buses from specific minimum seat width requirements set out in the Australian Design Rule 58/00. However, certain conditions must be adhered to, including restrictions on the number of occupants and the physical configuration of the seats to ensure safety when carrying children.

Key Provisions

The key operative sections of the South Australia and Tasmania Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption Notice 2015 (No. 1) include the definition of the terms used (Section 6), the application of the notice (Section 7), the exemptions from prescribed vehicle standards (Section 8), and the conditions that must be met (Section 9). The notice applies to heavy vehicles registered in South Australia or Tasmania, with a Gross Vehicle Mass (GVM) over 4.5t, and fitted with double seats known as '2 for 3 seats' (Section 7). These seats must adhere to specific measurements and conditions to qualify for the exemption from minimum seat width requirements (Section 8). The conditions include limiting the occupancy to two persons unless all are children, ensuring the gap between seat backs does not exceed 100mm, the gap between seat cushions does not exceed 50mm, and the seat backs remain upright when occupied by three children (Section 9). The obligations imposed by this Act on the parties or entities it governs are primarily concerned with the proper use and maintenance of the '2 for 3 seats' on buses. Bus operators must ensure that these seats are used in accordance with the conditions specified in the notice, meaning that they must not be occupied by more than two adults unless all occupants are children. Furthermore, operators must maintain the seats in such a way that the specified gaps between seat cushions and seat backs do not exceed the prescribed limits, and the seat backs remain upright when occupied by three children. Failure to adhere to these conditions could result in the exemption no longer applying, potentially leading to compliance issues under the Heavy Vehicle National Law. The notice does not explicitly outline offences or penalties for breach; however, any deviation from the specified conditions could result in the exemption being revoked, leading to compliance with the minimum seat width requirements prescribed by the Australian Design Rules. This means that buses could be required to meet the standard of a minimum seating width of 400mm, which could necessitate modifications to the seating arrangements on affected buses. Such modifications could incur costs for bus operators, and ongoing non-compliance could lead to enforcement actions under the Heavy Vehicle National Law, including fines and other penalties as prescribed by the law. The maximum penalties for breaches of the Heavy Vehicle National Law can vary significantly depending on the nature and severity of the breach, but they can include substantial fines and, in severe cases, imprisonment.