South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2025 (No.1)

Overview

The South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2025 (No.1) was enacted to address a specific gap in compliance requirements for certain heavy vehicles in South Australia. This notice, issued under section 61 of the Heavy Vehicle National Law (HVNL) as in force in South Australia, provides exemptions for MD and ME category vehicles with a Gross Vehicle Mass (GVM) over 4500kg. The primary objective of this notice is to facilitate compliance with national vehicle standards while accommodating the unique configuration of 2 for 3 bus seats, which are designed to seat three children under 12 years of age in a two-seat configuration. The notice aims to balance safety and practicality by exempting these vehicles from specific passenger seating position width requirements, provided certain conditions are met, such as adherence to the Energy Dissipation Test for rear parts of the seat and compliance with anchorages for seatbelts. This exemption is set to commence on 28 January 2025 and will expire on 27 January 2026.

Scope and Application

The South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2025 (No.1) applies specifically to MD and ME category vehicles with a Gross Vehicle Mass (GVM) over 4500kg, operating within South Australia. The notice exempts these vehicles from the minimum passenger seating position width requirement under clause 58.13.1 of Australian Design Rule 58/03, as stipulated in Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation. This exemption is intended to alleviate certain compliance burdens while maintaining safety standards through specific conditions. The notice stipulates that the rear parts of the 2 for 3 bus seat must comply with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages), and the centre seating position must comply with Australian Design Rule 5 (Anchorages for Seatbelts). Additionally, a conspicuous label or sign must be affixed inside the bus to inform passengers that the 2 for 3 bus seat is intended only for children under 12 years of age when occupied in a three-seat configuration. The notice is effective from 28 January 2025 and will expire on 27 January 2026, unless further action is taken to extend its duration.

Key Provisions

The primary operative sections of the South Australian Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2025 (No. 1) include sections 7, 8, and 9. Section 7 identifies the types of heavy vehicles to which the notice applies, namely MD and ME category vehicles with a Gross Vehicle Mass (GVM) over 4500kg. Section 8 exempts these vehicles from the minimum passenger seating position width requirement stipulated in clause 58.13.1 of Australian Design Rule 58/.. Section 9 outlines specific conditions that must be met for the exemption to apply, including requirements for the design of 2 for 3 bus seats and the mandatory warning signs inside the bus. This notice imposes several obligations and requirements on the parties it governs. Primarily, it mandates that any MD and ME category vehicles with a GVM over 4500kg operating in South Australia must adhere to the specified conditions to qualify for the exemption. These conditions include ensuring that the rear parts of the 2 for 3 bus seats comply with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages) and that the centre seating positions comply with Australian Design Rule 5 (Anchorages for Seatbelts). Additionally, buses operating under this exemption must display a conspicuous label or sign inside the bus to inform passengers that the 2 for 3 bus seats are only for children under 12 years old when used in a three-seat configuration. Breaches of the conditions stipulated in this notice could lead to significant civil and criminal consequences. While the notice does not explicitly state penalties, violations of the Heavy Vehicle National Law (HVNL) can result in fines and other enforcement actions under the relevant state or territory legislation. For instance, the Heavy Vehicle National (General) Regulations 2013 (Cth) specifies that offences under the HVNL can attract substantial fines. For companies, the maximum penalty can be up to $210,000, and for individuals, it can be up to $42,000, depending on the severity and frequency of the offence. Furthermore, persistent or severe breaches may also lead to more severe consequences, including the potential for vehicle impoundment or even revocation of the vehicle's registration.