Correspondence with RMS

Our letter:

We have just bought a 2016 Land Cruiser 200 series to tow us around the country for about a year. However, we need to take out the 3rd row of seats for greater space and less weight, although these will be put back in again when we return. It is a simple process.
We are not sure if this would be a modification under Part 5A of the Road Transport (Vehicle Registration) Regulation 2007. 
To give effect to the Regulation a 2013 Order was made to declare a modifications under Part 5A. Section 76AB of the Order concerns significant modifications to vehicles, and lists the major types of modifications for which new certification is required. One section deals with “Seats and Occupant Protection” which lists the following: 
40  Fitting of seats to non-original seat anchorages.
41  Fitting of seats to original anchorages that are ADR compliant, where the seats are not ADR compliant.
42  Fitting of or alterations to seat anchorages or seat belt anchorages.
43  Fitting of a non-original seat belt.
44  Mounting of seat belt anchorages integrally on a seat where that anchorage is not originally provided by the manufacturer.
45  Roll bar installations.
Question 1: is it correct that these modifications are the only seat-related ones that require an inspection / certification? 
Question 2: As the removal of the rear seats on a temporary basis does not meet any of the activities in the Order, does this mean that we would not need an inspection / certification?
Question 3: Is it different if the seats are removed temporarily but not permanently? 
Question 5: If the answer to Q3 is “no”, how would this work in practice? For example if I remove the seats to fit a lot of stuff in on Sunday morning, make a trip to the tip, then reinstall the seats that afternoon, would I be illegal during that trip?
Question 4: Are there any other requirements we need to meet?
I would appreciate a specific reply to each of these questions.
Thanks you

Reply from RMS

Hi Des

In some cases a VSCCS compliance certificate would be required to cover the removal of seats as the ADR category of the vehicle can change.  This can be vehicle specific and cannot be correctly advised without vehicle details.  If the ADR category does not change then the change in seating capacity should be advised and changed on Roads and maritime records by obtaining a blueslip from an AUVIS station for an adjustment of records only.  The ADR category can be either NA goods carrying vehicle or MC off road passenger vehicle.  This is determined by the load that can be carried. If the ADR category changes then you will need to have the vehicle certified.  In the case of your 200 series you would need to remove the seats and seat belts as they mount to the seats. Reducing the seating capacity and reducing the tare weight will cause the load capacity to increase and may affect the ADR category.

If you have a look at your compliance plate you will find an approval number.  Use that number to search for your vehicle here     http://myrta.com/rvd/searchRVD.do?submitValue=start   to find the correct Road vehicle descriptor sheet for your vehicle.  You will see there are others with 5 seats with NA ADR category.  

There is no provision for temporary seat removal.  On your trip to the tip the seating capacity of your vehicle would be incorrect on Roads and Maritime Services records. On some earlier model landcruisers the rear seats were made to simply unclip and remove however in the 200 series the seats and seat belts will need to be unbolted. Depending on the model you may have various sensors for seats and seat belts rear curtain airbags etc.

 If you would like more information please call Technical Enquiries on 1300 137 302 one of the team will be able to assist you

 Regards

 Graeme

 Graeme Snell
 Team leader Technical Enquiries 
 Compliance & Regulatory Services
 1300 137 302
 www.rms.nsw.gov.au
 Every journey matters