New South Wales Heavy Vehicle Standards (2 For 3 Bus Seat) Exemption Notice 2021 (No.1)


  1. Purpose


The purpose of this notice is to exempt a heavy vehicle to which it applies from certain requirements of Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation (the National Regulation).


2.       Authorising Provision


This Notice is made under section 61 of the Heavy Vehicle National Law (the National Law) as in force in New South Wales.


3.       Title


This Notice may be cited as the New South Wales Heavy Vehicle Standards (2 for 3 bus seat) Exemption Notice 2021 (No.1).


4.       Commencement


This Notice commences on 11 March 2021.


5.       Expiry


This Notice expires on 10 March 2022.


6.       Definitions


1)      Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the National Law.


2)      In this Notice –


A ‘2 for 3 bus seat’ means a bus seat, consisting of two adult seating positions and incorporates an additional centre seating position for occupation of each of the three seating positions by a person who is under 12 years of age.


MD and ME category vehicle have the same meanings as in the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005, as amended from time to time.

7.       Application


1)      This Notice applies in New South Wales.


2)      This Notice applies to buses over 4.5 tonne GVM (MD and ME category vehicles).


8.       Exemption from Prescribed Vehicle Standards


A heavy vehicle described in section 7 of this notice is exempt from the minimum passenger seating position width requirement of clause 58.13.1 of Australian Design Rule 58/.. for the purposes of compliance with Part 1 of Schedule 1 of the National Regulation.


9.       Conditions


1)      A 2 for 3 bus seat fitted to a heavy vehicle (bus) must meet the Australian Design Rule requirements specified below:


2)      the rear parts of the seat fitted directly in front of a centre seating position of a 2 for 3 bus seat must comply with the Energy Dissipation Test of Australian Design Rule 3 (Seats and Seat Anchorages); and


3)      the centre seating position of a 2 for 3 bus seat must comply with Australian Design Rule 5 (Anchorages for Seatbelts).


4)      A bus operating under this notice must have a conspicuous label or sign affixed inside the bus warning passengers that a 2 for 3 bus seat can only be used in a three seat configuration by children aged under 12 years.



Peter Austin

Director, Vehicle Safety and Performance

National Heavy Vehicle Regulator