New South Wales Class 3 Bus Mass Exemption Notice Operator's Guide

The New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1) exempts a specified type of bus from the mass limits and axle mass limits of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (MDL).

Please note: The Notice is an exemption for which applies to eligible three axle buses operating in the stated areas and routes in New South Wales.

This instrument does NOT exempt these vehicles from other requirements of the Heavy Vehicle National Law (HVNL), including mass and other dimension requirements.

A rigid ultra-low floor bus longer than 12.5m but not longer than 14.5m example

three axle double decker bus no longer than 12.5m with a rear tandem axle group fitted with single tyres on one axle and dual tyres on the other axle example

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Specifications
Gazette Notice:	C2024G00106
Starts:	10 February 2024
Expires:	9 February 2029
Vehicle types:	Class 3, three-axle complying bus, three-axle ultra-low floor bus, three-axle double-decker bus
Exemptions:	Mass requirements (axle mass limits, axle group mass limits, single vehicle mass)
Law:	HVNL, MDL
Coverage:	NSW
To be carried:	No

Overview

The information in this Operator’s Guide is intended to do two things:

Explain how the New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1) (Notice) operates, to assist in complying with it. It is important to remember this Operator’s Guide is instructional only and it is the Notice that provides the exemption or authorisation. If there is a difference or misunderstanding between the Operator’s Guide and the Notice, the Notice has priority and must be followed. The only exceptions are the requirements or conditions set out in the ‘Network and Mapping’ section explained below.
Provide additional information referred to in the network requirements of the Notice. This includes links to network maps and other information such as vehicle, travel and road conditions. Networks and their conditions published in the ‘Network and Mapping’ section of this Operator’s Guide are not general advice and must be treated as conditions of the Notice.

Please read the Notice and this Operator's Guide together. To download or print this guide, use the print or PDF buttons on the top right of this page

About this Notice

This Notice enables access to stated areas and routes in New South Wales for the following types of passenger buses:

a three-axle complying bus;
a three-axle ultra-low floor bus; and
a three-axle double-decker bus.

Exemptions

These exemptions only apply to the extent to which conditions are granted.

Mass requirements

Eligible vehicles operating under the Notice are exempt from the following mass requirements in Schedule 1 of the Heavy Vehicle (Mass Dimension and Loading) National Regulation (MDL):

section 2 – Mass limits for a single vehicle or combination;
section 4 – Mass limits for a single axle or axle group.

Note: Other mass limits in the MDL apply.

Definitions

The following are terms used in this Notice or conditions of operation. Unless otherwise stated, words and expressions used in this Notice have the same meaning as defined in the HVNL.

Term	Definition
ABS	Means antilock braking system.
ADR	Means the Australian Design Rules.
Australian Road Authority	Includes the National Heavy Vehicle Regulator (NHVR).
EBS	Means electronic braking system.
ESC	Means electronic stability control.
Prescribed mass requirement	Means a mass requirement prescribed by the MDL.
Regular bus service	Means a bus service carrying passengers for fare or other consideration that is conducted according to regular routes and timetables in accordance with a passenger service contract entered into under Part 3 of the Passenger Transport Act 2014 (NSW).
Three-axle complying bus	Means a bus with 3-axles fitted.
Three-axle ultra-low floor bus	Means either a rigid or articulated ultra-low floor bus with specific axle configuration described in Part 4 of the Notice.
Three-axle double-decker bus	Means a three-axle bus with upper and lower deck passengers no longer than 12.5m that provides a regular bus service.
UN ECE	Means the United Nations Economic Commission for Europe Regulation.

Eligible vehicles

To be eligible to operate under the Notice, approved combinations must comply with all requirements of the MDL.

The Notice applies to New South Wales Class 3 three-axle buses and is divided into 3 separate Parts, each dealing with different types of buses:

Part 3 – Three-axle complying buses;
Part 4 – Three-axle ultra-low floor buses;
Part 5 – Three-axle double-decker buses.

Part 3 – Three-axle complying buses

Tyres

A Part 3 three-axle bus must have a tandem rear axle group fitted either with:

single tyres on one axle and dual tyres on the other axle; or
dual tyres on both axles.

Mass requirements:

The mass of a Part 3 three-axle bus must not be more than:

for a bus with a tandem rear axle group fitted with single tyres on one axle and dual tyres on the other axle - 20.5t.
for a bus with a tandem rear axle group fitted with dual tyres on both axles - 23.0t.

Vehicle Safety requirements

The bus must be fitted with either:

an ABS that complies with ADR 35/04 or later and an EBS that complies with UN ECE R13; or
an ESC system that complies with:
- for a vehicle to which ADR 35/06 applies – ADR 35/06; or
- for another vehicle – UN ECE R13.

Part 4 – Three-axle ultra-low floor buses

An articulated ultra-low floor bus that has three single axles, fitted with dual tyres on the centre and rear axles example

A Part 4 three-axle bus providing a rail replacement bus service or a regular bus service is either:

a rigid ultra-low floor bus longer than 12.5m but not longer than 14.5m, and has a rear tandem axle group fitted with single tyres on one axle and dual tyres on the other axle; or
an articulated ultra-low floor bus that has three single axles, fitted with dual tyres on the centre and rear axles.

Mass requirements

The mass of a Part 4 three-axle bus must not be more than:

for a rigid ultra-low floor bus longer than 12.5m but not longer than 14.5m, with a rear tandem axle group fitted with single tyres on one axle and dual tyres on the other axle - 20.8t.
for an articulated ultra-low floor bus with three single axles, fitted with dual tyres on the centre and rear axles - 26.8t.

There are no vehicle standards requirements for this part of the Notice.

Part 5 – Three-axle double-decker buses

three axle double decker bus no longer than 12.5m with a twinsteer axle example

Tyres

A Part 5 three-axle double-decker bus no longer than 12.5m that is providing a regular bus service, and that has either:

a twinsteer axle; or
a rear tandem axle group fitted with single tyres on one axle and dual tyres on the other axle.

Mass requirements:

The mass of a Part 5 three-axle double-decker must not be more than 22.0t.

Vehicle Safety requirements

The bus must be fitted with either:

an ABS that complies with ADR 35/04 or later and an EBS that complies with UN ECE R13; or
an ESC system that complies with:
- for a vehicle to which ADR 35/06 applies – ADR 35/06; or
- for another vehicle – UN ECE R13.

Conditions

Notices are subject to various conditions to ensure public safety, protect assets and prevent adverse impacts on the community, such as noise, emissions and traffic congestion. See the sections below for specific conditions related to this Notice.

See the sections below for specific conditions related to this Notice.

General conditions

Before an eligible vehicle is driven along any route, its driver and operator must be satisfied that the route has been assessed and that the vehicle can be driven along it without:

disrupting telecommunication, electricity, rail, gas, water or sewage services; or
damaging a road (including a bridge), structure, rail crossing or tree.

Other conditions and additional information

Third party approvals

Gazette notices, permits and some jurisdictional laws may require third parties and other entities to provide permission for a vehicle to travel if it exceeds certain mass or dimension limits.

Operators must secure all approvals from third parties such as electricity/utility companies, rail authorities and other third parties as part of their heavy vehicle operations.

For more information, visit the Third party approvals page.

Complying with the HVNL

Unless otherwise exempted by the Notice or this Operator's Guide, operators must ensure their vehicle or combination complies with ADRs, HVNL, MDL and VS Regulation.

Using or permitting another person to use a defective heavy vehicle or a heavy vehicle with unapproved modifications on a road may be an offence.

Failure to comply may result in the driver and/or operator being liable for an offence. Penalties can include infringement notices or prosecution.

Chain of Responsibility (CoR)

Under the HVNL, every party in the Chain of Responsibility (CoR) has a positive duty to ensure the safety of their activities in relation to a heavy vehicle. This duty, known as the “primary duty”, applies to the scheduling, loading and consigning of a vehicle, as well as to its operation on a road.

Safety is broader than the safety of drivers and other road users. It also includes protection of road infrastructure, preventing damage to other vehicles or property, and minimising environmental harm. Substantial penalties may be imposed upon parties who breach this obligation and upon their executives.

For more information on your CoR obligations visit Chain of Responsibility on the NHVR website.

Our Regulatory Advice offers guidance, tips and tools for managing a range of heavy vehicle safety risks.

Verification of safety compliance

As mentioned previously, it is a condition for the operation of either a Part 3 Complying Bus or a Part 5 Double Decker Bus that the bus must be fitted either with:

an ABS that complies with ADR 35/04 or later and an EBS that complies with UN ECE R13; or
an ESC system that complies with:
- for a vehicle to which ADR 35/06 applies – ADR35/06; or
- for another vehicle – UN ECE R13.

It is a condition of the Notice that an operator of a Class 3 complying bus or a double-decker bus must verify compliance with the above vehicle safety standards by either:

an identification plate issued by a person authorised by an Australian Road Authority to affix an identification plate; or
a certificate verifying modifications issued by a person authorised by an Australian Road Authority to certify heavy vehicle modifications; or
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.

A certificate or letter referred to in the above subsection, dot points two and three, must be carried in the driving compartment of the vehicle.

The requirement to carry the Notice

Drivers do not need to carry a copy of the Notice.

Network and mapping

For the purposes of s121 of the HVNL, an area or route specified in the 'Network & Mapping' section of this Operator's Guide is a stated area or route to which this Notice applies. In addition to complying with the conditions stated in this Operator's Guide, operators must ensure compliance with the specific road manager access requirements set out below or in network maps.

In this tab, you will find the approved routes authorised under the Notice. There may also be network conditions pursuant to the stated areas and routes under the Notice. Network conditions relate to road and travel conditions that are not contained within the Notice.

National Network Map

This Notice may refer to state or territory government websites for the publication of networks. From 20 December 2023, certain authorised heavy vehicle road network maps for the Australian Capital Territory, New South Wales, Queensland, South Australia, and Victoria are published by the National Heavy Vehicle Regulator, through the NHVR National Network Map. Additional information and guidance can be found on the National Network Map webpage.

Participating jurisdiction

Three-axle complying buses (Part 3)

An eligible vehicle complying with the conditions of this Notice is authorised to access all roads in New South Wales subject to the conditions contained in this guide.

Three-axle ultra-low floor buses (Part 4)

An eligible vehicle complying with the conditions of this Notice is authorised to access all roads in New South Wales subject to the conditions contained in this guide.

Three axle double-decker buses (Part 5)

An eligible vehicle operating under this Part may use any route specified in TfNSW publication Roads approved for Double Deck Buses.

Related notices

In this tab, you will find a list of state and territory notices related to the New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1).

A related notice may be comparable with this Notice or provide alternatives for operators to find the appropriate notice under which to operate.

Related national notices

Jurisdiction	Notice
National	National Class 2 Bus Authorisation Notice 2024 (No.1) This Notice commences on 10 February 2024. Authorises the use of Class 2 heavy vehicles that are buses, other than articulated buses, that are longer than 12.5m. National Class 3 Bus Rear Overhang Dimension Exemption Notice 2024 (No.1) This Notice commences on 10 February 2024. Grants an exemption from rear overhang dimension requirements for Class 3 buses, other than articulated buses, that are longer than 12.5m but are not longer than 14.5m.

Jurisdiction

Notice

National

National Class 2 Bus Authorisation Notice 2024 (No.1)

This Notice commences on 10 February 2024. Authorises the use of Class 2 heavy vehicles that are buses, other than articulated buses, that are longer than 12.5m.

National Class 3 Bus Rear Overhang Dimension Exemption Notice 2024 (No.1)

This Notice commences on 10 February 2024. Grants an exemption from rear overhang dimension requirements for Class 3 buses, other than articulated buses, that are longer than 12.5m but are not longer than 14.5m.

Related state notices

Jurisdiction	Notice
New South Wales	New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1) Exempts specified types of buses from the mass limits and axle mass limits of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

Jurisdiction

Notice

New South Wales

New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1)

Exempts specified types of buses from the mass limits and axle mass limits of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation.

Resources

There are currently no resources, supporting documents, tools, or calculators for this Notice. All information about the Notice is contained in this Operator’s Guide. Please refer to the tabs for more information about this notice, or contact us with your specific questions.

Note: The Notice contains various vehicle safety requirements, which may have been superseded or already applied under Heavy Vehicle National Law (HVNL) or other laws such as the Transport Operations ( Passenger Transport) Standard 2010. If you have any feedback on the information provided, please contact us at info@nhvr.gov.au

Changes and updates

Date	Summary	Links to resources and communications
10 February 2024	New South Wales Class 3 Bus Mass Exemption Notice 2024 (No.1) commenced.	C2024G00106