Federal Register of Legislation - Australian Government

Primary content


This gazette
Administered by: Infrastructure and Regional Development
Published Date 01 Oct 2015



1.       Purpose

The purpose of this notice is to exempt certain South Australian and Tasmanian buses from minimum seat width requirements in order that three children may occupy a seat built for two adults.

2.       Authorising Provision

This notice is made under section 61 of the Heavy Vehicle National Law (HVNL) as in force in each participating jurisdiction.

3.       Title

This notice may be cited as the South Australia and Tasmania Heavy Vehicle Standards (2 for 3 Bus Seat) Exemption Notice 2015.

4.       Commencement

This notice commences on 1 October, 2015.

5.       Expiry

This notice expires on 30 September, 2018.

6.       Definition

(1)    Unless otherwise stated, words and expressions used in this notice have the same meanings as those defined in the HVNL and the Australian Design Rules.

(2)    In this notice –

A ‘2 for 3 seat’ means a double seat, consisting of two adult seating positions, without seat belts, that is no less than 860mm wide.


For buses registered in South Australia, a ‘child’ means a person who is up to and including the age of fourteen years of age.


For buses registered in Tasmania, a ‘child’ means a person who has not attained twelve years of age.   


7.       Application

This notice applies to buses registered in South Australia or Tasmania that have a GVM over 4.5t (MD and ME category vehicles) and that are fitted with 2 for 3 seats.


8.       Exemptions from prescribed vehicle standards

A heavy vehicle described in clause 8 of this notice is exempt from Part 1 of Schedule 1 of the Heavy Vehicle (Vehicle Standards) National Regulation in so far as it adopts clause 58.13.1 of the Australian Design Rule 58/00 Requirements for Omnibuses Designed for Hire and Reward.   

Note:  Clause 58.13.1 prescribes that the minimum width of a seating position is 400mm. 

9.       Conditions


(1) A 2 for 3 seat must not be occupied by more than two persons unless each person is a child.

(2) The gap between the seat backs of a 2 for 3 seat must be no more than 100mm.

(3) The gap between the seat cushions of a 2 for 3 seat must be no more than 50mm.

(4) The seat backs of a 2 for 3 seat must remain in the upright position when occupied by 3 children.


Dated: 25 September, 2015

Title: Signature of Acting CEO - Description: Signature of Geoff Casey, Acting Chief Executive Officer, NHVR






Geoff Casey

Acting Chief Executive Officer

National Heavy Vehicle Regulator