National Transport Commission (Model Amendments Regulations: Australian Vehicle Standards Rules Package No. 6) Regulations 2009 (Cth)

National Transport Commission (Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6) Regulations 2009

Select Legislative Instrument No. 292, 2009

made under the

National Transport Commission Act 2003

Compilation No. 1

Compilation date:                              5 March 2016

Includes amendments up to:            F2016L00170

Registered:                                           24 May 2016

About this compilation

This compilation

This is a compilation of the National Transport Commission (Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6) Regulations 2009 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

1............ Name of Regulations.................................................................................................... 1

2............ Commencement............................................................................................................ 1

3............ Proposed amendments to model legislation................................................................. 1

Schedule 1—Model legislation for regulation 3                                              2

Endnotes6

Endnote 1—About the endnotes                                                                                    6

Endnote 2—Abbreviation key                                                                                       7

Endnote 3—Legislation history                                                                                     8

Endnote 4—Amendment history                                                                                   9

1Name of Regulations

These Regulations are the National Transport Commission (Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6) Regulations 2009.

2Commencement

These Regulations commence on the day after they are registered.

3Proposed amendments to model legislation

(1)Under section 7 of the National Transport Commission Act 2003, Schedule 1 sets out model legislation (in the form of regulations) to amend the principal model legislation.

(2)In subregulation (1), principal model legislation means the model legislation set out in Schedule 2 to the National Transport Commission (Road Transport Legislation—Vehicle Standards) Regulations 2006 as if it had been amended by the model legislation set out in:

(a)Schedule 1 to the National Transport Commission (Road Transport Legislation—Vehicle Standards) Amendment Regulations 2006 (No. 1); and

(b)Schedule 1 to the National Transport Commission (Road Transport Legislation—Vehicle Standards) Amendment Regulations 2006 (No. 2); and

(c)Schedule 1 to the National Transport Commission (Road Transport Legislation—Vehicle Standards) Amendment Regulations 2007 (No. 1); and

(d)Schedule 1 to the National Transport Commission (Model Law on Engine Brake Noise Limits) Regulations 2009.

Note 1:The model legislation does not have the force of law (see paragraph 7(2)(a) of the National Transport Commission Act 2003).

Note 2:These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.

Note 3:These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.

Schedule 1—Model legislation for regulation 3

(regulation 3)

Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6

Contents

Page

1............ Name............................................................................................................................. 3

2............ Purpose......................................................................................................................... 3

3............ Approval....................................................................................................................... 3

4............ Regulations being amended by these Regulations........................................................ 3

5............ Substitution of rule 12.................................................................................................. 3

6............ Windscreens and windows........................................................................................... 4

7............ Performance of braking systems................................................................................... 4

8............ Substitution of rule 148A.............................................................................................. 4

9............ Widening of Part 11...................................................................................................... 4

10.......... Substitution of rule 154................................................................................................ 4

11.......... Insertion of rule 154A................................................................................................... 5

Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6

The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.

1.Name

These Regulations are the Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6.

2.Purpose

The purpose of these Regulations is to make miscellaneous amendments to the Australian Vehicle Standards Rules 1999 to update or improve the operation of those Rules.

3.Approval

These Regulations were approved by the Australian Transport Council on 1 May 2009.

4.Regulations being amended by these Regulations

These Regulations amend the Australian Vehicle Standards Rules 1999.

5.Substitution of rule 12

For rule 12 substitute –

“12Non‑application of Vehicle Standards to ADR‑compliant matters

(1)A requirement of Parts 5 to 13 does not apply to a vehicle if the requirement is inconsistent with a requirement of a second or third edition ADR that the vehicle complies with (regardless of whether or not the vehicle is required to comply with the ADR requirement).

(2)Subrule (1) does not apply if the vehicle is not of the same class or type as the vehicles to which the ADR requirement applies.

Example

As the second and third edition ADR do not apply to a truck built in 1968, the truck must comply with rule 129 (“What braking system a motor vehicle must have”). If the owner of such a truck modified the brakes so that they did comply with the second edition ADR, any requirement in rule 129 in relation to the truck’s brakes that was inconsistent with the second edition ADR would no longer apply to the truck.

However, if the modified brakes only comply with a Rule of the second edition ADR that only applies to passenger cars, then rule 129 does apply, as subrule (1) of rule 12 would not apply as a result of subrule (2), because a truck is not a passenger car.”.

6.Windscreens and windows

In rule 43(2), in the definition of approved material, in the 5^th and 6^th dot points, for “Road Vehicle Safety Glass” substitute “Specification for Road Vehicle Safety Glass”.

7.Performance of braking systems

For rule 128(8) substitute –

“(8)The parking brake of a vehicle or combination must be able to hold the vehicle or combination stationary on a 12% gradient:

(a)when the vehicle or combination is on a dry, smooth road surface, free from loose material; and

(b)whether or not the vehicle or combination is loaded.”.

8.Substitution of rule 148A

For rule 148A substitute –

“148AMeasurement of stationary noise levels

(1)For this Division, the stationary noise level of a motor vehicle is to be measured in accordance with the procedure set out for the kind of vehicle in the National Stationary Exhaust Noise Test Procedures for In‑Service Motor Vehicles – September 2006 (ISBN: 1 921168 50 1) published by the Commission.

(2)In subregulation (1), Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

Note:The National Stationary Exhaust Noise Test Procedures for In‑Service Motor Vehicles – September 2006 is available on the Commission’s web site at

9.Widening of Part 11

(1)In the heading to Part 11, for “LPG” substitute “Alternative”.

(2)In the Note under the heading to Part 11 substitute –

“Note:This Part sets out requirements to ensure that LPG (Liquid Petroleum Gas) and CNG (Compressed Natural Gas) fuel systems are safely installed in motor vehicles. In the case of vehicles with an LPG system installed, there is an additional requirement to ensure that they can be identified as LPG‑powered vehicles.”.

10.Substitution of rule 154

For rule 154 substitute –

“154LPG‑powered vehicles

(1)An LPG system installed in a motor vehicle, and the vehicle, must comply with all relevant requirements set out in the version of Australian Standard AS 1425 that was current at the time the system was installed in the vehicle.

(2)A motor vehicle that has an LPG system installed must have fixed conspicuously to its front and rear number plates the labels required by the version of Australian Standard AS 1425 that was current at the time the system was installed in the vehicle.

(3)If a motor vehicle had an LPG system installed before Australian Standard AS 1425 was first published, the vehicle must have fixed conspicuously to its front and rear number plates a label:

(a)that is made of durable material; and

(b)that is at least 25 millimetres wide and 25 millimetres high; and

(c)that is of a reflective red that conforms with either Australian Standard AS 1743 Road Signs or Australian Standard AS 1906 Retroreflective materials and devices for road traffic control purposes (Part 1: Retroreflective sheeting); and

(d)that states ‘LPGAS’ or ‘LPG’, or similar words or acronyms that have the same meaning, in capital letters at least 6 millimetres high.”.

11.Insertion of rule 154A

After rule 154 insert –

“154A Vehicles powered by natural gas

A natural gas system installed in a motor vehicle, and the vehicle, must comply with all relevant requirements set out in the version of Australian Standard AS 2739 that was current at the time the system was installed in the vehicle.

Examples

Forms of natural gas include CNG (Compressed Natural Gas) and LNG (Liquid Natural Gas).”.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
National Transport Commission (Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6) Regulations 2009 (SLI No. 292, 2009)	4 Nov 2009 (F2009L04052)	5 Nov 2009 (r 2)
Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016	29 Feb 2016 (F2016L00170)	Sch 1 (item 34): 5 Mar 2016 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
r 3.............................................	am F2016L00170