Heavy Vehicle National Law

New South Wales and Victoria Class 3 Bus Mass Limit Exemption (Notice) 2014 (No.1) Amendment Notice (No.1) 2016

Statutory Instrument Series: Administrative Amendment Notice

Part 1 – Preliminary

1 Purpose

This Notice amends the New South Wales and Victoria Class 3 Bus Mass Limit Exemption (Notice) 2014 (No.1) published in the Commonwealth Gazette on 30 January 2014, and identified as C2014G00166.

2 Authorising provision

This Notice is made under the following sections of the Heavy Vehicle National Law as applied in each participating jurisdiction—

Section 117 of the Heavy Vehicle National Law (HVNL) - Regulator's power to exempt category of class 1 or 3 heavy vehicles from compliance with mass or dimension requirement, and

Section 23(a) of Schedule 1, HVNL – Power to make instrument or decision includes power to amend or repeal.

3 Commencement

This Notice commences on 24 August 2016.

4 Title

This Notice may be cited as the National Class 3 Bus Mass Limit Exemption (Amendment) Notice 2016 (No.1).

Part 2 – Amendment of New South Wales and Victoria Class 3 Bus Mass Limit Exemption (Notice) 2014 (No.1)

5 Notice amended

This Part amends the New South Wales and Victoria Class 3 Bus Mass Limit Exemption (Notice) 2014 (No.1)

6 Amendment of title

Title, “New South Wales and Victoria Class 3 Bus Mass Limit Exemption (Notice) 2014 (No.1)” —

omit, insert—

“Multi-State Class 3 Bus Mass Exemption (Notice) 2014.”

7 Amendment of Part 1

(1) Part 1, Section 6. Definitions, insert—

“ ‘ABS’ means antilock braking system

‘ADR’ means Australian Design Rule

‘EBS’ means electronic braking system

‘ESC’ means electronic stability control

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

(2) Part 1, after Section 6. Definitions, insert—

“7. Application

(1) Part 2 of this Notice applies to an eligible two axle bus operating in the stated areas in New South Wales, Queensland or Victoria.

(2) Parts 3, 4 and 5 of this Notice apply to an eligible three axle bus operating in the stated areas in New South Wales.”

8 Replacement of Parts 2, 3 and 4

Parts 2, 3 and 4—

omit, insert—

as per Schedule 1.

Dated 22 August 2016

Signature of Chief Executive Officer, Sal Petroccitto

Sal Petroccitto

Chief Executive Officer

National Heavy Vehicle Regulator

Schedule 1

Part 2 – Two axle buses – New South Wales, Queensland and Victoria.

8 Interpretation

In this Part –

‘controlled access bus’ means a bus, other than an articulated bus, longer than 12.5m but not longer than 14.5m

9 Application

This Part applies to an eligible vehicle operating in New South Wales, Queensland or Victoria.

10 Eligible vehicle

An eligible vehicle for this Part is a two axle bus that—

(a) has a drive axle fitted with dual tyres; and—

(i) is a complying bus; or

(ii) is an ultra-low floor bus; or

(iii) is a controlled access bus; or

(iv) is a bus, other than an ultra-low floor bus, that is licensed to carry standing passengers; and

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

11 Exemption from prescribed mass requirements

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)(A); and

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

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

12 Mass limit

The mass of an eligible vehicle must not be more than 18.0t.

13 Axle mass limits

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

(a) for a steer axle – 7.0 t.

(b) for a drive axle – 12.0 t.

14 Vehicle safety conditions - New South Wales

(1) An eligible vehicle manufactured before 1 January 2015 must be fitted with either—

(a) an ABS that complies with ADR 35/04 or later; or

(b) an ESC system that complies with UN ECE R13.

(2) An eligible vehicle manufactured on or after 1 January 2015 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.

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

(4) Compliance with the requirements of sub-sections (1) or (2) 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 the vehicle complies with the requirements of sub-sections (1) or (2), and providing details of which system is installed, the model, and the VIN on the vehicle.

(5) A certificate or letter referred to in sub-section (4)(b) or (4)(c) must be carried in the driving compartment of the vehicle.

15 Areas and routes - New South Wales

(1) An eligible vehicle operating under this Part, other than a controlled access bus, may use any road in New South Wales.

(2) An eligible vehicle operating under this Part that is a controlled access bus may use any road in New South Wales on which controlled access buses are permitted to travel pursuant to the National Class 2 Heavy Vehicle Controlled Access Bus Authorisation (Notice) 2014.

16 Vehicle safety conditions - Queensland

(1) An eligible vehicle manufactured before 1 January 2016 must be fitted with either—

(a) an ABS that complies with ADR Rule 35/04 or later; or

(b) an ESC system that complies with UN ECE R13.

(2) An eligible vehicle manufactured on or after 1 January 2016 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 ADR35/06 applies – ADR35/06; or

(ii) for another vehicle – UN ECE R13.

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

17 Area and routes - Queensland

(1) An eligible vehicle operating under this Part, other than a controlled access bus, may operate in any area included in the “Participating Road Managers List” published on the Department of Transport and Main Roads website, subject to any conditions of travel in that area.

Note—

the “Participating Road Managers” list may be found at— http://www.tmr.qld.gov.au/business-industry/Heavy-vehicles/Heavy-vehicle-guidelines-and-class-permits.

(2) An eligible vehicle operating under this Part, that is a controlled access bus, may use any road—

(a) on which controlled access buses are permitted to travel pursuant to the National Class 2 Heavy Vehicle Controlled Access Bus Authorisation (Notice) 2014; and

(b) that is within an area referred to in subsection (1), subject to any conditions of travel in that area.

18 Areas and routes – Victoria

(1) An eligible vehicle operating under this Part, other than a controlled access bus, may use any road in Victoria.

(2) An eligible vehicle operating under this Part that is a controlled access bus, may use any road in Victoria on which controlled access buses are permitted pursuant to the National Class 2 Heavy Vehicle Controlled Access Bus Authorisation (Notice) 2014.

Part 3 – Three axle complying buses – New South Wales

19 Application

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

20 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.

21 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)(a)(i)(C).

22 Mass limit

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

(a) for an eligible vehicle described in section 20(a)(i) – 20.5t.

(b) for an eligible vehicle described in section 20(a)(ii) – 23.0t.

23 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.

24 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.

25 Area or routes

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

Part 4 – Three axle ultra-low floor buses – New South Wales

26 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.

‘community bus service’ means a bus service provided in accordance with a community transport agreement under Part 3 of the Passenger Transport Act 2014 (NSW).

27 Application

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

28 Eligible vehicle

An eligible vehicle for this Part is—

(a) a three axle bus providing a rail replacement bus service or a community 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.

29 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

30 Mass limit

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

(a) for an eligible vehicle described in section 28(a)(i) – 20.8t.

(b) for an eligible vehicle described in section 28(a)(ii) – 26.8t.

31 Axle and axle group mass limits

(1) An eligible vehicle described in section 28(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 28(a)(ii) must not exceed the following mass limits—

(d) for a central axle – 9.0t.

(e) for a rear axle – 11.8t.

32 Area or routes

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

Part 5 – Three axle double decker buses – New South Wales

33 Interpretation

In this Part—

‘community bus service’ means a bus service provided in accordance with a community transport agreement under Part 3 of the Passenger Transport Act 2014 (NSW).

34 Application

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

35 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 community 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.

36 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.

37 Mass limit

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

38 Axle and axle group mass limits

(1) An eligible vehicle described in section 35(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 35(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.

39 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.

40 Area or routes

An eligible vehicle operating under this Part may use any route specified on the approved route list titled ‘Double Decker Bus Routes’ published on the Roads and Maritime Services website.

Note—

The list of ‘Double Decker Bus Routes’ may be found at— http://www.rms.nsw.gov.au/business-industry/heavy-vehicles/road-access/restricted-access-vehicles/buses.html