South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2023 (No.1)

Overview

The Heavy Vehicle National Law (National Law) was enacted to ensure that heavy vehicles on Australian roads meet consistent safety and performance standards. Addressing a gap in the regulation of heavy vehicle standards across states, the National Law was designed to harmonise heavy vehicle regulations and provide a cohesive framework for safety, performance, and operational standards. This Act, administered by the National Heavy Vehicle Regulator under the authority of the Parliament, aims to protect the travelling public by setting stringent requirements for vehicle standards, licensing, and enforcement. The South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2023 (No.1) was introduced to exempt certain buses from specific seating width requirements, balancing safety with practical considerations for seating configurations, while ensuring that any exemptions do not compromise passenger safety.

Scope and Application

The South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2023 (No.1) applies specifically to heavy vehicles, categorised as MD and ME, which exceed 4.5 tonnes Gross Vehicle Mass (GVM), and it is in effect within the jurisdiction of South Australia. This notice exempts these vehicles from certain standards outlined in Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation, specifically concerning the minimum passenger seating position width requirement. The exemption is designed to accommodate a "2 for 3 bus seat," defined as a seating arrangement consisting of two adult seating positions with an additional central seating position, intended for use by children under 12 years of age. The exemption is valid from 29 January 2023 until 28 January 2025, and while it applies to the specified vehicles in South Australia, it does not extend to other jurisdictions. Buses covered by this exemption must adhere to certain conditions, such as meeting the Energy Dissipation Test for seats fitted directly in front of the central seating position and complying with anchorage requirements for seatbelts, as well as displaying a warning sign indicating the seat's intended use for children.

Key Provisions

This notice sets out the key provisions of the South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2023 (No.1). The notice, commencing on 29 January 2023 and expiring on 28 January 2025, exempts certain buses from specific requirements of the Heavy Vehicle (Vehicle Standards) National Regulation (section 61 of the Heavy Vehicle National Law). The notice applies to buses over 4.5 tonnes GVM (MD and ME category vehicles) in South Australia. The primary exemption provided is from the minimum passenger seating position width requirement stipulated in clause 58.13.1 of Australian Design Rule 58/03 (section 8). However, this exemption is conditional, as outlined in section 9. Under section 9, a 2 for 3 bus seat must meet specific Australian Design Rule requirements to qualify for the exemption. Firstly, the rear parts of the seat fitted directly in front of the centre seating position must comply with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages) (section 9(1)(a)). Secondly, the centre seating position must comply with Australian Design Rule 5 (Anchorages for Seatbelts) (section 9(1)(b)). Additionally, a conspicuous label or sign must be affixed inside the bus, warning passengers that a 2 for 3 bus seat can only be used in a three-seat configuration by children under 12 years of age (section 9(2)). These conditions ensure the safety of passengers using the 2 for 3 bus seats. Breaches of the conditions set out in this notice do not explicitly state any specific offences, penalties, or consequences. However, it is reasonable to infer that non-compliance with the conditions for the exemption could lead to the vehicle being deemed non-compliant with national safety standards. This could result in the vehicle being refused registration or entry into South Australia, as well as potential legal action for not adhering to the Heavy Vehicle National Law. It is advisable for parties governed by this notice to ensure strict adherence to the conditions to avoid any potential legal ramifications.