National Transport Commission (Road Transport Legislation Vehicle Standards) Regulations 2006 (Cth)
National Transport Commission (Road Transport Legislation—Vehicle Standards) Regulations 2006
Select Legislative Instrument No. 38, 2006
made under the
National Transport Commission Act 2003
Compilation No. 5
Compilation date: 5 March 2016
Includes amendments up to: F2016L00170
Registered: 2 May 2016
About this compilation
This compilation
This is a compilation of the National Transport Commission (Road Transport Legislation—Vehicle Standards) Regulations 2006 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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............ Road transport legislation—vehicle standards................................... 1
Schedule 1—Text of the proposed Road Transport Reform (Vehicle Standards) Regulations 1998 2
Schedule 2—Text of the proposed Australian Vehicle Standards Rules 1999 25
Endnotes137
Endnote 1—About the endnotes 137
Endnote 2—Abbreviation key 138
Endnote 3—Legislation history 139
Endnote 4—Amendment history 140
1Name of Regulations
These Regulations are the National Transport Commission (Road Transport Legislation—Vehicle Standards) Regulations 2006.
2Commencement
These Regulations commence on the day after they are registered.
3Road transport legislation—vehicle standards
For section 7 of the National Transport Commission Act 2003 (the NTC Act), Schedules 1 and 2 set out road transport legislation, in the form of Regulations and Rules respectively, about the design of road vehicles.
Note 1:The road transport legislation set out in Schedule 1 does not have the force of law (see paragraph 7(2)(a) of the NTC Act).
Note 2:These Regulations must be made in accordance with the Agreement (see subparagraph 3(b)(ii) of the NTC Act).
Note 3:These Regulations are not subject to disallowance—see regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003.
Note 4:These Regulations are not subject to sunsetting—see regulations made for the purposes of paragraph 54(2)(b) of the Legislation Act 2003.
Note 5:The text set out in Schedule 1 is that of the proposed Road Transport Reform (Vehicle Standards) Regulations 1998, and that in Schedule 2 is that of the proposed Australian Vehicle Standards Rules 1999 Those proposed Regulations and Rules were prepared in the form of Regulations to be made under the Road Transport Reform (Vehicles and Traffic) Act 1993, and were approved in that form by the Ministerial Council for Road Transport on 29 January 1999, but were never actually made as Regulations. The texts set out in Schedules 1 and 2 are as approved by the Council. The texts have been formatted in accordance with current drafting practice (including styles of provision numbering and cross‑referencing) but are otherwise unaltered.
Schedule 1—Text of the proposed Road Transport Reform (Vehicle Standards) Regulations 1998
(regulation 3)
Contents
Part 1—Preliminary 4
Division 1—Introductory 4
1............ Name of regulations........................................................................... 4
2............ Commencement.................................................................................. 4
3............ Regulations to be read with Vehicle Standards.................................. 4
4............ Main object of regulations and Vehicle Standards............................. 4
Division 2—Some features of the regulations and Vehicle Standards 5
5............ Definitions—the dictionary etc.......................................................... 5
6............ Diagrams............................................................................................ 5
7............ Notes................................................................................................... 5
8............ Examples............................................................................................ 5
Part 2—Interpretation 6
9............ Definitions.......................................................................................... 6
Part 3—Obligations of drivers and operators 8
10.......... Vehicles and trailers to be properly maintained................................. 8
11.......... Emission control systems to be fitted and properly maintained......... 9
12.......... Motor vehicles not complying with Vehicle Standards................... 10
13.......... Trailers not complying with Vehicle Standards............................... 10
14.......... Combinations not complying with Vehicle Standards..................... 11
15.......... Exception for vehicles being repaired etc........................................ 11
16.......... Exception for vehicles exempt under another law........................... 11
Part 4—Exemptions 13
Division 1—Exemptions made by the Minister 13
17.......... Background to Division.................................................................... 13
18.......... Making of exemptions...................................................................... 13
19.......... When exemptions may be amended................................................. 13
20.......... When exemptions may be revoked.................................................. 14
21.......... Compliance with conditions of exemptions..................................... 14
22.......... Notices are disallowable instruments............................................... 14
Division 2—Exemptions given by the Authority 15
23.......... Background to Division.................................................................... 15
24.......... Applications for exemptions etc....................................................... 15
25.......... Decisions to be made by Authority.................................................. 16
26.......... Applicant to be told about decisions................................................ 17
27.......... Form of exemptions.......................................................................... 17
28.......... Effect of exemptions........................................................................ 17
29.......... Duration of exemptions.................................................................... 17
30.......... Conditional exemptions.................................................................... 17
31.......... When exemptions etc take effect...................................................... 18
32.......... Replacement exemptions.................................................................. 18
33.......... Grounds for amending exemptions other than on application......... 18
34.......... Grounds for revoking exemptions other than on application........... 18
35.......... Amending or revoking exemptions other than on application......... 18
36.......... Request to return exemptions etc..................................................... 19
37.......... Exemptions to be available for inspection....................................... 20
Division 3—Register of exemptions 21
38.......... Register of exemptions..................................................................... 21
39.......... Inspection of register........................................................................ 21
Part 5—Offence‑related provisions 22
40.......... Application of Criminal Code.......................................................... 22
41.......... Penalties............................................................................................ 22
Part 6—Other matters 23
42.......... Prescribed persons—delegation....................................................... 23
43.......... Decisions may be reconsidered........................................................ 23
44.......... Review of decisions.......................................................................... 24
45.......... Declaration of emergency vehicles.................................................. 24
46.......... Repeal of Road Transport Reform (Heavy Vehicle Standards) Regulations 24
Part 1—Preliminary
Division 1—Introductory
1Name of regulations
These regulations are the Road Transport Reform (Vehicle Standards) Regulations 1998.
2Commencement
(1)Regulation 1 and this regulation commence on gazettal.
(2)The remaining provisions of these regulations, and the Australian Vehicle Standards Rules 1998, commence on a day or days specified by the Minister administering the Act by notice in the Commonwealth of Australia Gazette.
3Regulations to be read with Vehicle Standards
These regulations are to be read with, and as if they formed part of, the Australian Vehicle Standards Rules 1998 (the Vehicle Standards).
4Main object of regulations and Vehicle Standards
(1)The main object of these regulations and the Vehicle Standards is to set standards, about the construction and performance of motor vehicles, trailers and combinations, for this jurisdiction that are intended to be applied uniformly and consistently throughout Australia.
(2)The standards are intended:
(a)to promote, throughout the life of motor vehicles, trailers and combinations, their safe use and efficiency and the protection of the environment; and
(b)to reduce the cost of transport administration.
Division 2—Some features of the regulations and Vehicle Standards
5Definitions—the dictionary etc
(1)The dictionary at the end of the Vehicle Standards defines certain words and expressions, and includes signpost definitions to words and expressions defined elsewhere in the Vehicle Standards.
Note:A signpost definition (eg road‑related area see rule [1A.3]) is included in the dictionary only if the defined word or expression is used outside the rule defining the word or expression.
(2)The dictionary is part of the Vehicle Standards.
(3)Certain definitions used in these regulations or the Vehicle Standards are taken from the Act.
Note 1:The definitions of motor vehicle, road, road‑related area and trailer are taken or derived from the Act.
Note 2:Under section 16 of the Act, the Minister may declare additional areas to be areas to which these regulations apply.
(4)A definition in these regulations or the Vehicle Standards applies to each use of the word or expression in these regulations and the Vehicle Standards, unless the contrary intention appears.
6Diagrams
(1)A diagram in the Vehicle Standards is part of the Vehicle Standards.
(2)A diagram of something (except the essential diagram in rule [10.9]) is an illustrative example of the thing in black and white, but does not represent its dimensions or the dimensions of any part of it.
Note:The essential diagram in rule [10.9] provides the dimensions required for a 75 millimetre kingpin used in a B‑double or road train.
7Notes
A note in these regulations or the Vehicle Standards is explanatory and does not form part of these regulations or the Vehicle Standards.
8Examples
(1)An example in these regulations is part of these regulations, and an example in the Vehicle Standards is part of the Vehicle Standards.
(2)If a provision includes an example of its operation:
(a)the example is not exhaustive; and
(b)if the example is inconsistent with the provision—the provision prevails.
Part 2—Interpretation
9Definitions
In these regulations and the Vehicle Standards:
Act means the Road Transport Reform (Vehicles and Traffic) Act 1993 of the Commonwealth.
amendment, of an exemption, includes an amendment of a condition of the exemption by addition, omission or substitution.
another jurisdiction means a State or the Northern Territory.
Authority means the Registrar of Motor Vehicles under the Motor Traffic Act 1936 of the Australian Capital Territory.
dangerous goods has the meaning given by regulation 2.2 of the Road Transport Reform (Dangerous Goods) Regulations of the Commonwealth.
emergency vehicle means a vehicle that is:
(a)operated by an ambulance or fire fighting service; or
(b)operated by the Defence Force; or
(c)declared under regulation 45 to be an emergency vehicle.
exemption includes an exemption as amended.
exemption holder means:
(a)for an exemption given by the Authority for a particular vehicle—the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority; or
(b)for an exemption given by the Authority for a particular combination—the person in whose name the first motor vehicle forming part of the combination is registered, or otherwise authorised to be driven on a road or road‑related area, by a vehicle registration authority; or
(c)for an exemption given by the Authority for all vehicles or combinations for which a person is the operator—the person.
Government Gazette means the Australian Capital Territory Gazette.
Minister means the responsible Australian Capital Territory Minister.
operator means:
(a)for a motor vehicle or trailer—either of the following:
(i)the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority;
(ii)the person who is responsible for maintenance of the vehicle; or
(b)for a combination—either of the following:
(i)the person in whose name the first motor vehicle forming part of the combination is registered, or otherwise authorised to be driven on a road or road‑related area, by a vehicle registration authority;
(ii)the person who is responsible for the operation of the combination.
police officer means:
(a)a member or special member of the Australian Federal Police; or
(b)a service police officer within the meaning of the Defence Force Discipline Act 1982 of the Commonwealth.
road user includes a user of a road‑related area.
road‑related area includes an area that is declared, under section 16 of the Act, to be an area to which these regulations apply.
this jurisdiction means the Australian Capital Territory and the Jervis Bay Territory.
vehicle registration authority means:
(a)the Authority; or
(b)the corresponding authority of another jurisdiction.
Vehicle Standards means the Australian Vehicle Standards Rules 1998.
Part 3—Obligations of drivers and operators
10Vehicles and trailers to be properly maintained
(1)This regulation applies to a motor vehicle or trailer, whether or not part of a combination, that is on a road or road‑related area, but does not apply to a vehicle mentioned in rule [1A.4] of the Vehicle Standards.
Note:Rule [1A.4] provides that the Vehicle Standards do not apply to the vehicles mentioned in the rule.
(2)A person must not drive a motor vehicle unless the vehicle is maintained in a condition that ensures:
(a)its safe operation; and
(b)the safety of the person, anyone else in the vehicle and other road users.
Penalty:$2,000
(3)A person must not drive the first or only motor vehicle forming part of a combination unless each vehicle forming part of the combination is maintained in a condition that ensures:
(a)its safe operation; and
(b)the safety of the person, anyone else in the combination and other road users.
Penalty:$2,000
(4)The operator of a motor vehicle or trailer must maintain the vehicle in a condition that ensures:
(a)its safe operation; and
(b)the safety of the driver, anyone else in the vehicle and other road users.
Penalty:$2,000
(5)Subregulation (4) does not apply to the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time:
(a)the person was not responsible for maintenance of the vehicle; and
(b)someone else was responsible for maintenance of the vehicle.
(6)For this regulation, the condition of a vehicle includes the condition of:
(a)its steering, brakes, suspension, wheels, tyres, towing equipment and the means of transmitting engine power to the driven wheels; and
(b)the lights and reflectors that it is required to have under the Vehicle Standards; and
(c)the strength of its structure; and
(d)the driver’s view of the road; and
(e)its exhaust system; and
(f)its fuel system.
Note:The Roadworthiness Guidelines, published by the National Road Transport Commission and available from AusInfo Bookshops, provide information to help people meet the requirements of this regulation.
11Emission control systems to be fitted and properly maintained
(1)This regulation applies to a motor vehicle or trailer, whether or not part of a combination, that is on a road or road‑related area, but does not apply to a vehicle mentioned in rule [1A.4] of the Vehicle Standards.
Note:Rule [1A.4] provides that the Vehicle Standards do not apply to the vehicles mentioned in the rule.
(2)A person must not drive a motor vehicle unless each emission control system of the vehicle remains fitted to the vehicle.
Penalty:$2,000
(3)A person must not drive a motor vehicle unless each emission control system fitted to the vehicle is maintained in a condition that ensures that the system continues operating essentially in accordance with the system’s original design.
Penalty:$2,000
(4)A person must not drive the first or only motor vehicle forming part of a combination unless each emission control system of any vehicle forming part of the combination remains fitted to the vehicle.
Penalty:$2,000
(5)A person must not drive the first or only motor vehicle forming part of a combination unless each emission control system fitted to any vehicle forming part of the combination is maintained in a condition that ensures that the system continues operating essentially in accordance with the system’s original design.
Penalty:$2,000
(6)The operator of a motor vehicle or trailer must ensure that each emission control system of the vehicle remains fitted to the vehicle.
Penalty:$2,000
(7)The operator of a motor vehicle or trailer must maintain each emission control system fitted to the vehicle in a condition that ensures that the system continues operating essentially in accordance with the system’s original design.
Penalty:$2,000
(8)Subregulations (6) and (7) do not apply to the person in whose name the vehicle is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time:
(a)the person was not responsible for maintenance of the vehicle; and
(b)someone else was responsible for maintenance of the vehicle.
12Motor vehicles not complying with Vehicle Standards
(1)This regulation applies to a motor vehicle, whether or not the vehicle is part of a combination.
(2)If the motor vehicle contravenes a provision of the Vehicle Standards applying to the vehicle (other than as a vehicle forming part of a combination), the driver of the vehicle commits an offence.
Penalty:$2,000
(3)If the motor vehicle contravenes a provision of the Vehicle Standards applying to the vehicle (other than as a vehicle forming part of a combination), the operator of the vehicle commits an offence.
Penalty:$2,000
(4)Subregulation (3) does not apply to the person in whose name the vehicle is registered, or otherwise authorised to be driven on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time:
(a)the person was not responsible for maintenance of the vehicle; and
(b)someone else was responsible for maintenance of the vehicle.
13Trailers not complying with Vehicle Standards
(1)This regulation applies to a trailer, whether or not the trailer is part of a combination.
(2)If the trailer contravenes a provision of the Vehicle Standards applying to the trailer (other than as a vehicle forming part of a combination), the operator of the trailer commits an offence.
Penalty:$2,000
(3)Subregulation (2) does not apply to the person in whose name the trailer is registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time:
(a)the person was not responsible for maintenance of the trailer; and
(b)someone else was responsible for maintenance of the trailer.
14Combinations not complying with Vehicle Standards
(1)If a combination contravenes a provision of the Vehicle Standards applying to the combination, each of the following persons commits an offence:
(a)the driver of the first or only motor vehicle forming part of the combination;
(b)the operator of the combination.
Penalty:$2,000
(2)If a vehicle contravenes a provision of the Vehicle Standards that applies to the vehicle as a vehicle forming part of a combination, each of the following persons commits an offence:
(a)the driver of the first or only motor vehicle forming part of the combination;
(b)the operator of the combination.
Penalty:$2,000
(3)Subregulations (1)(b) and (2)(b) do not apply to the person in whose name the first motor vehicle forming part of the combination is registered, or otherwise authorised to be driven on a road or road‑related area, by a vehicle registration authority if the person proves that, at the relevant time:
(a)the person was not responsible for the operation of the combination; and
(b)someone else was responsible for the operation of the combination.
15Exception for vehicles being repaired etc
(1)This Part does not apply to a motor vehicle, trailer or combination that is being repaired so it will comply with the Vehicle Standards.
(2)Also, this Part does not apply to a motor vehicle, trailer or combination that is being taken to be repaired so it will comply with the Vehicle Standards.
16Exception for vehicles exempt under another law
(1)This Part does not apply to a motor vehicle, trailer or combination in relation to a provision of the Vehicle Standards if the vehicle or combination is exempt:
(a)under other regulations made under the Act from the provision of the Vehicle Standards; or
(b)under the law of another jurisdiction, from a provision of the law of the other jurisdiction corresponding to that provision.
(2)However, the vehicle or combination is exempt from the provision or corresponding provision only if all conditions of the exemption (if any) are being complied with.
Example:An exemption permits a greater dimension limit for a vehicle. The exemption is subject to conditions about the route where, and times when, the vehicle is permitted to travel, and the escort vehicles required to accompany the vehicle. The operator and driver do not commit an offence against this Part in relation to the greater dimension limit if the conditions are complied with.
Part 4—Exemptions
Division 1—Exemptions made by the Minister
17Background to Division
(1)Under section 17 of the Act, the Minister may, in accordance with the regulations and by notice in writing, declare that a specified requirement of the regulations does not apply to a specified person or vehicle.
(2)An exemption under the section:
(a)applies only in the jurisdiction where it is made; and
(b)may be unconditional or subject to specified conditions.
(3)This Division includes provisions about the making of exemptions under the section, and the amendment and revocation of exemptions made under the section.
(4)Under this Division, an exemption under the section may be made (and amended or revoked) without application.
(5)Also, a notice under the section is a disallowable instrument.
18Making of exemptions
(1)The Minister may declare that a specified person or vehicle is exempt from a specified requirement of a provision of the Vehicle Standards if:
(a)complying with the provision would prevent the vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified; or
(b)the vehicle is an experimental vehicle, a prototype, or another vehicle, that could not reasonably be expected to comply with the provision; or
(c)the vehicle:
(i)was registered, or otherwise authorised to be driven or towed on a road or road‑related area, by a vehicle registration authority before the commencement of the provision; and
(ii)was not required to comply with a similar requirement before that commencement.
(2)If the Minister makes the declaration, the requirement does not apply to the person or vehicle while the exemption is in force.
19When exemptions may be amended
An exemption of a person or vehicle from a requirement of a provision of the Vehicle Standards may be amended by the Minister if:
(a)since the exemption was made, a change has happened in relation to something the Minister considered in deciding to make the exemption; and
(b)the exemption would have been made how it is proposed to be amended if the change had happened before the exemption was made.
20When exemptions may be revoked
An exemption of a person or vehicle from a requirement of a provision of the Vehicle Standards may be revoked by the Minister if:
(a)since the exemption was made, a change has happened in relation to something the Minister considered in deciding to make the exemption; and
(b)the exemption would not have been made if the change had happened before the exemption was made.
21Compliance with conditions of exemptions
A person must not contravene a condition of an exemption.
Penalty:$1,500
22Notices are disallowable instruments
A notice under section 17 of the Act is a disallowable instrument for section 10 of the Subordinate Laws Act 1989 of the Australian Capital Territory.
Note 1:Section 10 of the Subordinate Laws Act 1989 (ACT) provides that an Act or subordinate law of the Territory may provide that an instrument made under the Act or law is a disallowable instrument for the purposes of the section.
Note 2:Section 6 of the Subordinate Laws Act 1989 (ACT) provides for the notification, tabling and disallowance of disallowable instruments.
[Drafter’s note: This regulation is intended to apply only in the ACT.]
Division 2—Exemptions given by the Authority
23Background to Division
(1)This Division includes provisions about the giving of exemptions by the Authority, and the amendment and revocation of exemptions given by the Authority.
(2)Under this Division, an exemption may be given by the Authority only on application.
(3)Also, decisions to refuse to give an exemption, and other decisions by the Authority about exemptions, are subject to reconsideration and review (see regulations 43 and 44).
(4)The Authority’s power to give an exemption is additional to the Minister’s power to make an exemption under section 17 of the Act.
24Applications for exemptions etc
(1)A person may apply for:
(a)exemption of a particular vehicle or combination, or all vehicles or combinations for which the person is the operator, from a requirement of a provision of the Vehicle Standards; or
(b)amendment or revocation of an exemption given by the Authority.
(2)Each application must:
(a)be made to the Authority in writing; and
(b)be signed and dated by the applicant; and
(c)state the applicant’s name and address.
(3)An application for an exemption must:
(a)state whether the exemption is sought for a particular vehicle or combination or all vehicles or combinations for which the applicant is the operator; and
(b)for an exemption for a particular vehicle—state the vehicle and the applicant’s interest in the vehicle; and
(c)for an exemption for a particular combination—state each vehicle forming part of the combination and the applicant’s interest in the vehicle; and
(d)state the requirement and provision to which the application relates; and
(e)state clearly the exemption sought by the application and outline why the exemption should be given.
(4)If the application is for an exemption, the application may state the period for which the exemption is sought and any conditions to which the exemption is to be subject.
(5)An application for amendment or revocation of an exemption must:
(a)for an application for amendment of an exemption—state clearly the amendment sought; and
(b)outline why the exemption should be amended or revoked; and
(c)be accompanied by the exemption.
(6)The Authority may, by written notice, require the applicant to give the Authority additional information necessary to decide the application.
25Decisions to be made by Authority
(1)The Authority must decide the application as soon as practicable.
(2)If the application is for an exemption of a particular vehicle from a requirement of a provision of the Vehicle Standards, the Authority may give the exemption if:
(a)complying with the provision would prevent the vehicle from operating in the way in which, or for the purpose for which, the vehicle was built or modified; or
(b)the vehicle is an experimental vehicle, a prototype, or another vehicle, that could not reasonably be expected to comply with the provision; or
(c)the vehicle:
(i)was registered, or otherwise authorised to be driven or towed on a road or a road‑related area, by a vehicle registration authority before the commencement of the provision; and
(ii)was not required to comply with a similar requirement before that commencement.
(3)If the application is for an exemption of a particular combination from a requirement of a provision of the Vehicle Standards, the Authority may give the exemption if:
(a)complying with the provision would prevent the combination from operating for the purpose for which the combination is, or is proposed to be, used; or
(b)the combination is an experimental combination, or prototype, that could not reasonably be expected to comply with the provision.
(4)If the application is for an exemption of all vehicles or combinations for which the applicant is the operator, the Authority may give the exemption if it would be unreasonable for the vehicles or combinations to comply with the requirement.
(5)If the application is for amendment of an exemption given by the Authority, the Authority may amend the exemption if:
(a)since the exemption was given, a change has happened in relation to something the Authority considered in deciding to give the exemption; and
(b)the exemption would have been given how it is proposed to be amended if the change had happened before the exemption was given.
26Applicant to be told about decisions
(1)As soon as practicable after the Authority decides the application, the Authority must tell the applicant in writing of its decision.
(2)The Authority must also give the applicant written reasons for the decision, and tell the applicant that the applicant may apply to have the decision reconsidered, if:
(a)the decision is to give the exemption for a period stated in the exemption and the applicant did not seek an exemption for a period or sought an exemption for a longer period; or
(b)the decision is to give the exemption subject to a condition not sought by the applicant; or
(c)the decision is to refuse the application.
27Form of exemptions
An exemption given by the Authority must be in writing.
28Effect of exemptions
(1)If the Authority exempts a particular vehicle or combination from a requirement of a provision of the Vehicle Standards, the requirement does not apply to the vehicle or combination (irrespective of who is the operator of the vehicle or combination) while the exemption is in force.
(2)If the Authority exempts all vehicles or combinations for which a person is the operator from a requirement of a provision of the Vehicle Standards, the requirement does not apply to any vehicle or combination operated by the person (irrespective of who is driving the vehicle or combination) while the exemption is in force.
29Duration of exemptions
An exemption given by the Authority may be expressed to apply for a period stated in the exemption.
30Conditional exemptions
(1)An exemption given by the Authority may be subject to a condition stated in the exemption.
(2)The exemption holder for an exemption given by the Authority must not contravene a condition of the exemption.
Penalty:$1,500
31When exemptions etc take effect
An exemption, or the amendment or revocation of an exemption given on application, takes effect on:
(a)the day when the applicant is told in writing of the decision by the Authority; or
(b)if the Authority tells the person that the decision takes effect on a later day—the later day.
32Replacement exemptions
(1)If an exemption is amended on the application of a person, the Authority must give a replacement exemption to the person.
(2)If the Authority is satisfied that an exemption given by the Authority has been defaced, destroyed, lost or stolen, the Authority must give a replacement exemption to the exemption holder.
33Grounds for amending exemptions other than on application
The grounds for amending an exemption, other than on application, are:
(a)that the application for the exemption was false or misleading in a material respect but the circumstances do not require its revocation; or
(b)that:
(i)since the exemption was given, a change has happened in relation to something the Authority considered in deciding to give the exemption; and
(ii)the exemption would have been given how it is proposed to be amended if the change had happened before the exemption was given.
34Grounds for revoking exemptions other than on application
The grounds for revoking an exemption, other than on application, are:
(a)that the application for the exemption was false or misleading in a material respect; or
(b)that:
(i)since the exemption was given, a change has happened in relation to something the Authority considered in deciding to give the exemption; and
(ii)the exemption would not have been given if the change had happened before the exemption was given.
35Amending or revoking exemptions other than on application
(1)This regulation applies if the Authority considers that a ground exists to amend or revoke an exemption given by the Authority, other than on application.
(2)The Authority must give the exemption holder a written notice that:
(a)if the Authority proposes to amend the exemption—tells the exemption holder of the proposed amendment; and
(b)if the Authority proposes to revoke the exemption—tells the exemption holder of the proposed revocation; and
(c)states the ground for the proposed amendment or revocation; and
(d)outlines the facts and other circumstances forming the basis for the Authority’s view that the ground exists; and
(e)invites the exemption holder to state in writing to the Authority, within a stated time of at least 28 days after the notice is given to the exemption holder, why the exemption should not be amended or revoked as proposed by the Authority (the proposed action).
(3)If, after considering any written statement made to the Authority by the exemption holder within the stated time, the Authority is reasonably satisfied that a ground exists to take the proposed action, the Authority may:
(a)if the proposed action is to amend the exemption in a stated way—amend the exemption in that way; or
(b)if the proposed action is to revoke the exemption—revoke the exemption or amend it in any way.
(4)If the Authority amends or revokes the exemption, the Authority must tell the exemption holder in writing of the decision, give the exemption holder written reasons for the decision, and tell the exemption holder that the exemption holder may apply to have the decision reconsidered.
(5)The amendment or revocation takes effect:
(a)when the exemption holder is told in writing of the decision by the Authority and given written reasons for the decision; or
(b)if the Authority tells the exemption holder that the decision takes effect at a later time—the later time.
36Request to return exemptions etc
(1)If an exemption is amended or revoked other than on application, the Authority may, by written notice, ask the exemption holder to return it to the Authority within a time stated in the notice.
(2)The time stated in the notice must be a reasonable time (of at least 7 days) after the notice is given to the exemption holder.
(3)The exemption holder must comply with the notice.
Penalty:$500.
(4)If the exemption holder returns the exemption to the Authority, the Authority must give a replacement exemption to the exemption holder if the exemption has been amended.
37Exemptions to be available for inspection
A person driving a vehicle or combination to which an exemption applies must carry the exemption.
Penalty:$1,500.
Division 3—Register of exemptions
38Register of exemptions
(1)The Authority must keep a register of exemptions.
(2)The Authority must record in the register each exemption made by the Minister and each exemption given by the Authority.
(3)The Authority must note the amendment or revocation of an exemption in the register.
39Inspection of register
(1)The Authority must ensure that the register is available for inspection by members of the public.
(2)The Authority is taken to comply with subregulation (1) if the Authority ensures that there is reasonable access to:
(a)copies of information in the register; or
(b)a computer terminal to inspect the register.
Part 5—Offence‑related provisions
40Application of Criminal Code
Chapter 2 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth applies to an offence against these regulations as if the Chapter were in force as a law of this jurisdiction.
Note:Chapter 2 of the Criminal Code codifies the general principles of criminal responsibility.
[Drafter’s note: This regulation is intended to apply only in the ACT and any other jurisdiction that chooses to apply the Chapter.]
41Penalties
(1)This regulation applies to a provision of these regulations prescribing a penalty for an offence.
(2)The penalty is the maximum fine for an individual who is found guilty of the offence.
(3)If a body corporate is found guilty of the offence, the maximum fine for the body corporate is 5 times the penalty.
[Drafter’s note: The penalties stated throughout these regulations are intended to apply only in the ACT. Other jurisdictions may substitute different penalties.]
Part 6—Other matters
42Prescribed persons—delegation
(1)For section 18 of the Act, the following persons are prescribed:
(a)an authority of the Commonwealth or a State or Territory;
(b)an officer or employee of:
(i)the Commonwealth or a State or Territory; or
(ii)an authority of the Commonwealth or a State or Territory;
(c)a person holding an office established under a law of the Commonwealth or a State or Territory.
(2)The Authority may, by signed writing, delegate a power of the Authority under these regulations to a person mentioned in subregulation (1).
(3)The person exercising a delegated power must comply with any direction of the person who delegated the power.
43Decisions may be reconsidered
(1)The following decisions of the Authority are decisions to which this regulation applies:
|
Column 1 Item |
Column 2 Provision under which decision made |
Column 3 Brief description of decision |
| 1 | regulation 25(1) | decision not to give an exemption |
| 2 | regulation 25(1) | decision to amend or revoke an exemption on application |
| 3 | regulation 25(1) | decision to give an exemption for a period if the applicant did not seek the exemption for a period or sought the exemption for a longer period |
| 4 | regulation 25(1) | decision to give an exemption subject to a condition not sought by the applicant for the exemption |
| 5 | regulation 35(3) | decision to amend or revoke an exemption other than on application. |
(2)A person affected by a decision to which this regulation applies (the initial decision) may ask the Authority in writing to reconsider the decision.
(3)The request must be made within:
(a)28 days after the person or someone else was told in writing of the initial decision, and given written reasons for the decision, by the Authority; or
(b)any longer period allowed by the Authority.
Note:Under regulation 26, the applicant for an exemption, or for amendment or revocation of an exemption, must be told of the Authority’s decision. Under regulation 35, the holder of an exemption given by the Authority must be told of a decision by the Authority, other than on application, to revoke or amend the exemption.
(4)The request must state the decision sought by the person and outline why the decision should be made.
(5)Within 28 days after receiving the request, the Authority must reconsider the initial decision and:
(a)confirm the decision; or
(b)amend the decision; or
(c)set the decision aside and substitute a new decision.
(6)The Authority must tell the person in writing of the result of the reconsideration and, if the Authority does not make the decision sought by the person, give the person written reasons for its decision.
44Review of decisions
Application may be made under the Administrative Appeals Tribunal Act 1989 of the Australian Capital Territory to the Australian Capital Territory Administrative Appeals Tribunal for review of a decision that has been reconsidered by the Authority under regulation 43.
{Drafter’s note: This regulation is intended to apply only in the ACT.]
45Declaration of emergency vehicles
The Authority may, by notice published in the Government Gazette, declare that a vehicle is an emergency vehicle.
{Drafter’s note: This regulation is intended to apply only in the ACT.]
46Repeal of Road Transport Reform (Heavy Vehicle Standards) Regulations
Statutory Rules 1995 No. 55 are repealed.
Schedule 2—Text of the proposed Australian Vehicle Standards Rules 1999
(regulation 3)
Contents
Part 1—Introductory 31
Division 1—General 31
1............ Name of regulations......................................................................... 31
2............ Object of Vehicle Standards............................................................. 31
Division 2—Some features of the Vehicle Standards 32
3............ Definitions—the dictionary etc........................................................ 32
4............ Diagrams.......................................................................................... 32
5............ Notes................................................................................................. 32
6............ Examples.......................................................................................... 32
Part 2—Application of the Vehicle Standards 33
7............ Application to vehicles and combinations on roads and road‑related areas 33
8............ What is a road................................................................................... 33
9............ What is a road‑related area............................................................... 33
10.......... Vehicles to which the Vehicle Standards do not apply.................... 33
11.......... Non‑application of Vehicle Standards—exemption under other laws 33
12.......... Non‑application of Vehicle Standards—inconsistent ADR requirements 34
13.......... Non‑application of Vehicle Standards—Motor Vehicle Standards Act approvals 34
Part 3—Australian Design Rules 35
Division 1—Interpretation 35
14.......... What is an ADR............................................................................... 35
15.......... What is a national standard.............................................................. 35
16.......... References to national standards...................................................... 35
17.......... What is a second edition ADR......................................................... 36
18.......... What is a third edition ADR............................................................. 36
Division 2—Compliance with ADRs 37
19.......... Compliance with second edition ADRs........................................... 37
20.......... Compliance with third edition ADRs............................................... 37
21.......... Exception to compliance with ADRs—vehicles that are not road vehicles 38
22.......... Exception to compliance with ADRs—Motor Vehicle Standards Act 38
23.......... Partial exception to compliance with ADRs—personally imported vehicles 38
Part 4—Adopted standards 40
24.......... What is an adopted standard............................................................. 40
25.......... Reference to adopted standards........................................................ 40
26.......... Exception to compliance with adopted standards............................ 40
Part 5—General safety requirements 41
Division 1—All vehicles 41
27.......... Steering............................................................................................. 41
28.......... Turning ability.................................................................................. 41
29.......... Ability to travel backwards and forwards........................................ 41
30.......... Protrusions........................................................................................ 42
31.......... Driver’s view and vehicle controls................................................... 42
32.......... Seating.............................................................................................. 42
33.......... Mudguards and spray suppression................................................... 42
34.......... Horns, alarms etc.............................................................................. 43
35.......... Rear vision mirrors........................................................................... 44
36.......... Rear vision mirrors—surfaces.......................................................... 44
37.......... Additional rear vision mirrors.......................................................... 45
38.......... Automatic transmission.................................................................... 45
39.......... Diesel engines................................................................................... 45
40.......... Bonnet securing devices................................................................... 45
41.......... Electrical wiring, components, connections and installations.......... 45
42.......... Television receivers and visual display units................................... 46
42A....... Requirement for windscreen to be fitted.......................................... 46
43.......... Windscreens and windows............................................................... 47
44.......... Window tinting................................................................................. 47
45.......... Windscreen wipers and washers....................................................... 48
46.......... Wheels and tyres—size and capacity............................................... 49
47.......... Pneumatic tyres generally................................................................ 49
48.......... Pneumatic tyres—carcass construction............................................ 49
49.......... Pneumatic tyres—size and capacity................................................. 49
50.......... Tyres—defects.................................................................................. 49
51.......... Tyres for use on vehicles with GVM over 4.5 tonnes...................... 49
52.......... Tyres—manufacturer’s rating.......................................................... 50
53.......... Retreads............................................................................................ 50
54.......... Tyre tread......................................................................................... 51
Division 2—Additional requirements for motor bikes 52
55.......... Steering gear and handlebars............................................................ 52
56.......... Foot rests.......................................................................................... 52
57.......... Chain guards..................................................................................... 52
Part 6—Vehicle marking 54
58.......... Vehicle and engine identification numbers...................................... 54
59.......... White or silver band on certain vehicles.......................................... 54
60.......... Warning signs for combinations over 22 metres long...................... 54
61.......... Warning signs not to be displayed on other vehicles....................... 55
62.......... Specifications for warning signs...................................................... 55
63.......... Left‑hand drive signs........................................................................ 56
Part 7—Vehicle configuration and dimensions 57
Division 1—Axles 57
64.......... Axle configuration............................................................................ 57
65.......... Relation between axles in axle group............................................... 58
Division 2—Dimensions 59
66.......... Width................................................................................................ 59
67.......... Length of single motor vehicles....................................................... 59
68.......... Length of single trailers.................................................................... 59
69.......... Length of combinations.................................................................... 60
70.......... Rear overhang................................................................................... 61
71.......... Trailer drawbar length...................................................................... 61
72.......... Height............................................................................................... 62
73.......... Ground clearance.............................................................................. 62
Part 8—Lights and reflectors 64
Division 1—General requirements for lights 64
74.......... Certain requirements apply only at night......................................... 64
75.......... Prevention of glare........................................................................... 64
76.......... Pairs of lights.................................................................................... 64
Division 2—Headlights 65
77.......... Headlights to be fitted to vehicles.................................................... 65
78.......... How headlights are to be fitted......................................................... 65
79.......... How single headlights are to be fitted.............................................. 66
80.......... How additional headlights are to be fitted........................................ 66
81.......... Performance of headlights................................................................ 66
82.......... Effective range of headlights............................................................ 66
83.......... Changing headlights from high‑beam to low‑beam position........... 66
Division 3—Parking lights 68
84.......... Parking lights.................................................................................... 68
Division 4—Daytime running lights 70
85.......... Daytime running lights..................................................................... 70
Division 5—Tail lights 71
86.......... Tail lights generally.......................................................................... 71
87.......... Pattern of fitting tail lights................................................................ 71
88.......... Performance of tail lights................................................................. 72
89.......... Wiring of tail lights.......................................................................... 72
Division 6—Number plate lights 73
90.......... Number plate lights.......................................................................... 73
Division 7—Clearance lights 74
91.......... Front clearance lights....................................................................... 74
92.......... External cabin lights......................................................................... 74
93.......... Rear clearance lights........................................................................ 74
Division 8—Side marker lights 76
94.......... Vehicles needing side marker lights................................................. 76
95.......... Location of side marker lights.......................................................... 76
96.......... Performance of side marker lights.................................................... 77
97.......... Side marker lights and rear clearance lights..................................... 77
Division 9—Brake lights 78
98.......... Fitting brake lights............................................................................ 78
99.......... Performance and operation of brake lights....................................... 78
Division 10—Reversing lights 80
100........ Reversing lights................................................................................ 80
Division 11—Direction indicator lights 81
101........ Direction indicator lights on motor vehicles.................................... 81
102........ Direction indicator lights on trailers................................................. 81
103........ Location of direction indicator lights............................................... 81
104........ Operation and visibility of direction indicator lights....................... 82
Division 12—Fog lights 84
105........ Front fog lights................................................................................. 84
106........ Rear fog lights.................................................................................. 84
Division 13—Interior lights 85
107........ Interior lights.................................................................................... 85
Division 14—Reflectors generally 86
108........ General requirements for reflectors.................................................. 86
Division 15—Rear reflectors 87
109........ Rear reflectors.................................................................................. 87
Division 16—Side reflectors 88
110........ Compulsory side reflectors on pole‑type trailers............................. 88
111........ Optional side reflectors.................................................................... 88
Division 17—Front reflectors 89
112........ Compulsory front reflectors on trailers............................................ 89
113........ Optional front reflectors................................................................... 89
Division 18—Warning lights and signs on buses carrying children 90
114........ Application of Division.................................................................... 90
115........ Fitting of warning lights and signs................................................... 90
116........ Operation and performance of warning lights.................................. 90
117........ Specifications for warning signs...................................................... 91
Division 19—Other lights, reflectors, rear marking plates or signals 93
118........ Other lights and reflectors................................................................ 93
119........ Rear marking plates.......................................................................... 94
120........ Signalling devices............................................................................. 94
121........ Mechanical signalling devices.......................................................... 95
122........ Turn signals...................................................................................... 95
Division 20—Vehicles not required to have lights or reflectors 96
123........ Certain vehicles used in daylight...................................................... 96
124........ Certain vehicles used for collection or exhibition purposes............. 96
Part 9—Braking systems 97
Division 1—Brake requirements for all vehicles 97
125........ Parts of a braking system.................................................................. 97
126........ Provision for wear............................................................................ 97
127........ Supply of air or vacuum to brakes.................................................... 97
128........ Performance of braking systems...................................................... 98
Division 2—Motor vehicle braking systems 100
129........ What braking system a motor vehicle must have........................... 100
130........ Operation of brakes on motor vehicles........................................... 101
131........ Air or vacuum brakes on motor vehicles........................................ 101
Division 3—Trailer braking systems 102
132........ What brakes a trailer must have..................................................... 102
133........ Operation of brakes on trailers....................................................... 102
134........ Air or vacuum brakes on trailers.................................................... 102
Division 4—Additional brake requirements for B‑doubles and long road trains 103
135........ Application of Division to certain road trains................................ 103
136........ Braking system design for a prime mover in a B‑double............... 103
137........ Braking system design for motor vehicles in road trains............... 103
138........ Braking system design for trailers in B‑doubles or road trains...... 103
139........ Air brakes of motor vehicles in B‑doubles or road trains.............. 104
140........ Air brakes in a B‑double or road train: least favoured chamber.... 104
141........ Recovery of air pressure for brakes in B‑doubles and road trains. 105
142........ Air supply for brakes in B‑doubles and road trains........................ 105
143........ Brake line couplings....................................................................... 105
144........ Simultaneous parking brake application........................................ 105
145........ Capacity of air reservoirs............................................................... 105
Part 10—Control of emissions 107
Division 1—Crank case gases and exhaust emissions 107
146........ Crank case gases—certain petrol‑powered vehicles...................... 107
147........ Visible exhaust emissions—vehicles with internal combustion engines 107
147A..... Exhaust emissions—diesel‑powered vehicles................................ 107
Division 2—Exhaust systems 109
148........ Exhaust systems............................................................................. 109
Division 3—Noise emissions 111
Subdivision A—General 111
148A..... Measurement of stationary noise levels......................................... 111
148B..... Meaning of certified to ADR 83/00................................................ 111
149........ Silencing device for exhaust systems............................................. 111
Subdivision B—Noise levels applying to pre‑2004 vehicles 111
149A..... Application of rules in subdivision B............................................. 111
150........ Stationary noise levels—car‑type vehicles and motor bikes and trikes.. 111
151........ Stationary noise levels—other vehicles with spark ignition engines 112
152........ Stationary noise levels—other vehicles with diesel engines.......... 112
Subdivision C—Noise levels applying to vehicles certified to ADR 83/00 113
153........ Stationary noise levels.................................................................... 113
Part 11—LPG fuel systems 114
154........ LPG‑powered vehicles................................................................... 114
Part 12—Maximum road speed limiting 115
155........ Speed limiting................................................................................. 115
156........ Exemptions from speed limiting.................................................... 115
Part 13—Mechanical connections between vehicles 116
Division 1—Couplings on all types of vehicles 116
157........ General coupling requirements...................................................... 116
158........ Drawbar couplings......................................................................... 116
Division 2—Additional coupling requirements for B‑doubles and long road trains 117
159........ Application of Division to road trains............................................ 117
160........ Couplings for B‑doubles and road trains........................................ 117
161........ Selection of fifth wheel couplings for B‑doubles and road trains.. 117
162........ D‑value of a fifth wheel coupling................................................... 118
163........ Mounting of fifth wheel couplings on B‑doubles and road trains.. 118
164........ Branding of fifth wheel couplings and turntables on B‑doubles and road trains 118
165........ Selection of kingpins for B‑doubles and road trains...................... 118
166........ Attachment of kingpins on B‑doubles and road trains................... 119
167........ Branding of kingpins on B‑doubles and road trains....................... 119
168........ Selection of couplings and drawbar eyes for road trains................ 119
169........ Attachment of couplings and drawbar eyes on road trains............ 120
170........ Branding of couplings and drawbar eyes on road trains................ 120
171........ Tow coupling overhang on road trains........................................... 120
Part 14—Other matters 123
172........ Vehicle equipment.......................................................................... 123
173........ Restored vehicles............................................................................ 123
174........ Retractable axles............................................................................. 123
175........ Measurement of distance between parallel lines............................ 123
176........ Interpretation of certain second edition ADRs............................... 123
Schedule 1—DT80 transient test procedure for testing of diesel‑fuelled vehicle exhaust emissions 125
Dictionary127
Part 1—Introductory
Division 1—General
Note:The Australian Vehicle Standards Rules 1999 set standards that vehicles must comply with to be driven on roads and road‑related areas.
The ADRs (Australian Design Rules) are rules for designing and building vehicles. Imported vehicles must also comply with the ADRs.
The Vehicle Standards require a vehicle that is subject to an ADR when built or imported to continue to comply with the ADR.
The Vehicle Standards also apply certain other standards (adopted standards) that are intended to complement the ADRs.
The ADRs do not cover:
• vehicles built before 1969
• combinations of vehicles of any age
• every safety feature for vehicles built between 1969 and 1988.
These matters are covered by the Vehicle Standards.
In most cases, if a vehicle complies with the Vehicle Standards, it is suitable for road use.
1Name of regulations
These regulations are the Australian Vehicle Standards Rules 1999 (the Vehicle Standards).
2Object of Vehicle Standards
(1)The object of the Vehicle Standards is to set standards, about the construction and performance of motor vehicles, trailers and combinations, that are uniform throughout Australia.
(2)The standards are intended:
(a)to promote, throughout the life of motor vehicles, trailers and combinations, their safe use and efficiency and the protection of the environment; and
(b)to reduce the cost of transport administration.
Division 2—Some features of the Vehicle Standards
3Definitions—the dictionary etc
(1)The dictionary at the end of the Vehicle Standards defines certain words and expressions, and includes signpost definitions to words and expressions defined elsewhere in the Vehicle Standards.
Note:A signpost definition (for example: road‑related area—see rule 9) is included in the dictionary if the definition applies outside the rule defining the word or expression.
(2)The dictionary is part of the Vehicle Standards.
(3)A definition in the Vehicle Standards applies to each use of the word or expression in the Vehicle Standards, unless the contrary intention appears.
4Diagrams
(1)A diagram in the Vehicle Standards is part of the Vehicle Standards.
(2)A diagram of something (except the essential diagram in rule 165) is an illustrative example of the thing in black and white, but does not represent its dimensions or the dimensions of any part of it.
Note:The essential diagram in rule 165 provides the dimensions required for a 75 millimetre kingpin used in a B‑double or road train.
5Notes
A note in the Vehicle Standards is explanatory and is not part of the Vehicle Standards.
6Examples
2Set the dynamometer to simulate the correct load and inertia for the vehicle.
3Start sampling.
4Idle for 60 seconds.
5Accelerate rapidly to 80 km/hr under simulated inertia using wide open throttle, making gear changes as required for smooth acceleration.
6Decelerate by removing all pressure from the accelerator pedal, disengaging the gears and gently applying brakes to bring the vehicle to a standstill.
7Idle for 10 seconds.
8Accelerate rapidly to 80 km/hr under simulated inertia, using wide open throttle, making gear changes as required for smooth acceleration.
9Decelerate by removing all pressure from the accelerator pedal, disengaging the gears and gently applying brakes to bring the vehicle to a standstill.
10Idle for 10 seconds.
11Accelerate rapidly to 80 km/hr under simulated inertia using wide open throttle, making gear changes as required for smooth acceleration.
12Maintain speed at 80 km/hr for 60 seconds, then stop sampling. Bring the vehicle to rest.
Note:Explanation of the test procedure
This test has been designed to evaluate vehicle emissions during typical ‘real‑world’ operating modes and conditions. There are 3 simple modes:
• 3 idle periods
• acceleration to 80 km/h 3 times
• maintain speed at 80 km/h.
The graph below indicates the modes of operation. The actual test will result in a graph that has more variation than the indicative graph below, because of the need to change gears when accelerating. Modes B – D and E –G and H – I have no specific time interval. All the specified time periods have an error margin of ± 1 second.
The vehicle is accelerated rapidly to 80 km/h 3 times by applying wide‑open throttle.
The driver selects the most appropriate gear change points for the vehicle being tested to achieve the correct speed.
The vehicle test mass for road load and inertia settings must be equal to the mass of the vehicle when operating with ½ its nominal payload (that is, GVM + tare mass) ¸ 2).
The vehicle’s rolling resistance (based on tyre and bearing losses, frontal area and drag coefficient) must also be calculated and continuously factored into the dynamometer tractive effort calculations to ensure correct loading.
Empirical algorithms, based on vehicle test mass, GVM or other known parameters, may be used to automatically calculate realistic coefficients for these variables.
A simplified indicative graph produced by a test follows.
Dictionary
50 millimetre kingpin means a kingpin meeting the dimension requirements for a 50 millimetre kingpin in Australian Standard AS 2175–1990, Articulated Vehicles—Kingpins.
75 millimetre kingpin means a kingpin with the dimensions mentioned in rule 165(3).
90 millimetre kingpin means a kingpin meeting the dimension requirements for a 90 millimetre kingpin in Australian Standard AS 2175–1990, Articulated Vehicles—Kingpins.
adopted standard—see rule 24.
ADR—see rule 14.
air brake means an air‑operated or air‑assisted brake.
articulated bus means a bus with at least 2 rigid sections that allow passengers access between the sections and are connected to allow rotary movement between the sections.
Australian Standard means a standard approved for publication on behalf of the Council of the Standards Association of Australia.
Note:Copies of Australian Standards are available from offices of the Standards Association of Australia.
axle means 1 or more shafts, positioned in a line across a vehicle, on which 1 or more wheels intended to support the vehicle turn.
axle group means a single, tandem, twinsteer, tri, or quad axle group.
B‑double means a combination consisting of a prime mover towing 2 semi‑trailers.
B‑double
braking system, of a vehicle, means all the brakes of the vehicle and all the components of the mechanisms by which they are operated.
British Standard means a standard approved for publication on behalf of the British Standards Institution.
Note:Copies of British Standards are available from offices of the Standards Association of Australia.
British Standards Institution means the institution of that name established under royal charter in the United Kingdom.
bus means a motor vehicle built mainly to carry people that seats over 9 adults (including the driver).
car means a motor vehicle built mainly to carry people that:
(a)seats not over 9 adults (including the driver); and
(b)has a body commonly known as a sedan, station wagon, coupe, convertible, or roadster; and
(c)has 4 or more wheels.
centre line, of an axle group, means:
(a)if the group consists of 2 axles, one of which is fitted with twice the number of tyres as the other axle—a line located one‑third of the way from the centre line of the axle with more tyres towards the centre line of the axle with fewer tyres; and
(b)in any other case—a line located midway between the centre lines of the outermost axles of the group.
Centre line of a tandem axle group fitted with an equal number of tyres on each axle
Centre line of a tandem axle group fitted with a different number of tyres on each axle
Centre line of a tri axle group
Centre line of a quad axle group
combination means a group of vehicles consisting of a motor vehicle connected to 1 or more vehicles.
controlled access bus means a bus, except an articulated bus, over 12.5 metres long.
converter dolly means a trailer with 1 axle group or single axle, and a fifth wheel coupling, designed to convert a semi‑trailer into a dog trailer.
Converter dolly
daylight means the period in a day from sunrise to sunset.
dog trailer means a trailer (including a trailer consisting of a semi‑trailer and converter dolly) with:
(a)1 axle group or single axle at the front that is steered by connection to the towing vehicle by a drawbar; and
(b)1 axle group or single axle at the rear.
Dog trailer
drawbar means a part of a trailer (except a semi‑trailer) connecting the trailer body to a coupling for towing purposes.
drive includes be in control of.
driver, of a vehicle, means the person driving the vehicle.
emergency brake means a brake designed to be used if a service brake fails.
emergency vehicle means a vehicle that is an emergency vehicle for the Vehicle Standards under a law of this jurisdiction.
fifth wheel coupling means a device, except the upper rotating element and the kingpin (which are parts of a semi‑trailer), used with a prime mover, semi‑trailer, or converter dolly, to allow quick coupling and uncoupling and to provide for articulation.
front fog light means a light used to improve the illumination of the road in case of fog, snowfall, heavy rain or a dust storm.
GCM or gross combination mass of a motor vehicle means the greatest possible sum of the maximum loaded mass of the motor vehicle and any vehicle or vehicles that may be towed by it at the same time:
(a)as specified by the motor vehicle’s manufacturer on an identification plate on the motor vehicle; or
(b)if there is no such specification on an identification plate on the motor vehicle, or there is such a specification on a plate on the motor vehicle but the specification is not appropriate because the motor vehicle has been modified—as certified by the registration authority.
GTM (gross trailer mass) means the mass transmitted to the ground by the axles of a trailer when the trailer is loaded to its GVM and connected to a towing vehicle.
GVM, for a vehicle, means the maximum loaded mass of the vehicle:
(a)specified by the manufacturer on an identification plate on the vehicle; or
(b)if there is no specification by the manufacturer on an identification plate on the vehicle or the specification is not appropriate because the vehicle has been modified—certified by the vehicle registration authority.
high‑beam, for a headlight or front fog light fitted to a vehicle, means that the light is built or adjusted so, when the vehicle is standing on level ground, the top of the main beam of light projected is above the low‑beam position.
left, for a vehicle, means to the left of the centre of the vehicle when viewed by a person in the vehicle who is facing to the front of the vehicle.
low‑beam, for a headlight or front fog light fitted to a vehicle, means that the light is built or adjusted so, when the vehicle is standing on level ground, the top of the main beam of light projected is:
(a)not higher than the centre of the headlight or fog light, when measured 8 metres in front of the vehicle; and
(b)not over 1 metre higher than the level where the motor vehicle is standing, when measured 25 metres in front of the vehicle.
A headlight in the low‑beam position
Ministerial Council means the Ministerial Council for Road Transport established by the Heavy Vehicles Agreement, a copy of which is set out in Schedule 1 to the National Road Transport Commission Act 1991 of the Commonwealth.
moped means a motor bike or trike with an engine cylinder capacity of not over 50 millilitres and a maximum speed of not over 50 kilometres an hour.
motor bike means a motor vehicle with 2 wheels, and includes a 2‑wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel.
motor trike means a motor vehicle with 3 wheels, but does not include a 2‑wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel.
motor vehicle means a vehicle built to be propelled by a motor that forms part of the vehicle.
mudguard means a fitting or device, with or without a mudflap, that is built and fitted to a vehicle in a way that will, as far as practicable, catch or deflect downwards any stone, mud, water, or other substance, thrown up by the rotation of the wheel to which the fitting or device is fitted.
national standard—see rule 15.
point of articulation means:
(a)the axis of a kingpin for a fifth wheel; or
(b)the vertical axis of rotation of a fifth wheel coupling; or
(c)the vertical axis of rotation of a turntable assembly; or
(d)the vertical axis of rotation of the front axle group, or single axle, of a dog trailer; or
(e)the coupling pivot point of a semi trailer.
Point of articulation—fifth wheel coupling on a converter dolly (forming the front axle group of a dog trailer)
Point of articulation—fifth wheel on a prime mover
Point of articulation—kingpin for fifth wheel
pole‑type trailer means a trailer that:
(a)is attached to a towing vehicle by a pole, or an attachment fitted to the pole; and
(b)is ordinarily used for transporting loads, such as logs, pipes, structural members, or other long objects, that can generally support themselves like beams between supports.
Pole‑type trailer
police vehicle means a vehicle driven by a police officer in the course of his or her duty.
prime mover means a motor vehicle built to tow a semi‑trailer.
quad axle group means a group of 4 axles in which the horizontal distance between the centre lines of the outermost axles is over 3.2 metres, but not over 4.9 metres.
rear fog light means a light used on a vehicle to make it more easily visible from the rear in dense fog.
rear overhang, of a vehicle, means the distance between the rear overhang line and the rear of the vehicle.
rear overhang line, of a vehicle, means:
(a)if there is a single axle at the rear of the vehicle—the centre line of the axle; or
(b)if there is an axle group at the rear of the vehicle—the centre line of the axle group, decided without regard to the presence of any steerable axle unless all axles in the group are steerable.
Rear overhang and rear overhang line—vehicle with tri axle group at rear
Rear overhang and rear overhang line—motor vehicle
Rear overhang and rear overhang line—semi‑trailer
repeater horn means a device that makes a sound alternating between different tones or frequencies on a regular time cycle.
right, for a vehicle, means to the right of the centre of the vehicle when viewed by a person in the vehicle who is facing to the front of the vehicle.
road—see rule 8.
road‑related area—see rule 9.
road tank vehicle has the same meaning as in the sixth edition of the Australian Code for the Transport of Dangerous Goods by Road and Rail.
road train means a combination, except a B‑double, consisting of a motor vehicle towing at least 2 trailers (counting as a single trailer a converter dolly supporting a semi‑trailer).
Road train
second edition ADR—see rule 17.
semi‑trailer means a trailer (including a pole‑type trailer) that has:
(a)1 axle group or single axle to the rear; and
(b)a means of attachment to a prime mover that results in some of the load being imposed on the prime mover.
service brake, for a vehicle, means the brake normally used to decelerate the vehicle.
single axle means an axle not forming part of an axle group.
single axle group means a group of at least 2 axles in which the horizontal distance between the centre lines of the outermost axles is under 1 metre.
spring brake means a brake using 1 or more springs to store the energy needed to operate the brake.
Standards Association of Australia means the association of that name incorporated in Australia under royal charter.
tandem axle group means a group of at least 2 axles in which the horizontal distance between the centre lines of the outermost axles is at least 1 metre, but not over 2 metres.
tare mass of a vehicle means its unladen mass (however described).
third edition ADR—see rule 18.
transport enforcement vehicle means a vehicle that is a transport enforcement vehicle for the Vehicle Standards under a law of this jurisdiction.
trailer means a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.
tri axle group means a group of at least 3 axles in which the horizontal distance between the centre lines of the outermost axles is over 2 metres, but not over 3.2 metres.
turntable means a bearing built to carry vertical and horizontal loads, but does not allow quick separation of its upper and lower rotating elements, and that is used to connect and allow articulation between:
(a)a prime mover and semi‑trailer; or
(b)the steering axle or axle group of a dog trailer and the body of the trailer; or
(c)a fifth wheel coupling and the vehicle to which it is mounted.
twinsteer axle group means a group of 2 axles:
(a)with single tyres; and
(b)fitted to a motor vehicle and connected to the same steering mechanism; and
(c)the horizontal distance between the centre lines of which is at least 1 metre, but not over 2 metres.
Twinsteer axle group on a motor vehicle
vacuum brakes means vacuum‑operated or vacuum‑assisted brakes.
vehicle includes the equipment fitted to, or forming part of, the vehicle.
VSB is the abbreviation for Vehicle Standards Bulletin.
Note:The Vehicle Standard Bulletins provide information on the design, manufacture, sale, modification, maintenance, import and repair of road vehicles. The term ‘road vehicles’ includes both motor vehicles and trailers. The Bulletins are available from the Department of Transport and Regional Services.
(See
yellow includes amber.
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 (Road Transport Legislation—Vehicle Standards) Regulations 2006 (SLI No. 38, 2006) | 21 Feb 2006 (F2006L00264) | 22 Feb 2006 (r 2) | |
| National Transport Commission (Road Transport Legislation—Vehicle Standards) Amendment Regulations 2006 (No. 1) (SLI No. 37, 2006) | 21 Feb 2006 (F2006L00267) | 22 Feb 2006 (r 2) | — |
| National Transport Commission (Road Transport Legislation—Vehicle Standards) Amendment Regulations 2006 (No. 2) (SLI No. 74, 2006) | 3 Apr 2006 (F2006L00986) | 4 Apr 2006 (r 2) | — |
| National Transport Commission (Road Transport Legislation—Vehicle Standards) Amendment Regulations 2007 (No. 1) (SLI No. 14, 2007) | 20 Feb 2007 (F2007L00382) | 21 Feb 2007 (r 2) | — |
| Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015 (SLI No. 90, 2015) | 19 June 2015 (F2015L00854) | Sch 2 (items 141, 142): 1 July 2015 (s 2(1) item 2) | — |
| Acts and Instruments (Framework Reform) (Consequential Amendments) Regulation 2016 | 29 Feb 2016 (F2016L00170) | Sch 1 (item 62): 5 Mar 2016 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| r 3............................................. | am F2016L00170 |
| Schedule 1 | |
| Part 3 | |
| r 16............................................ | am No 37, 2006 (md not incorp) |
| Part 4 | |
| Division 1 | |
| r 21............................................ | am No 37, 2006 (md not incorp) |
| Division 5 | |
| Division 5.................................. | ad No 37, 2006 (md not incorp) |
| r 40A......................................... | ad No 37, 2006 (md not incorp) |
| r 40B......................................... | ad No 37, 2006 (md not incorp) |
| r 40C......................................... | ad No 37, 2006 (md not incorp) |
| r 40D......................................... | ad No 37, 2006 (md not incorp) |
| Schedule 2 | |
| Part 3 | |
| Part 3......................................... | am No 14, 2007 (Sch 1 item 2 md) |
| Division 2 | |
| r 23............................................ | am No 14, 2007 |
| Part 5 | |
| Division 1 | |
| r 27............................................ | am No 14, 2007 |
| r 34............................................ | am No 14, 2007; No 90, 2015 |
| r 41............................................ | am No 14, 2007 |
| r 42A......................................... | ad No 14, 2007 |
| Part 7 | |
| Division 2 | |
| r 69............................................ | am No 74, 2006 |
| Part 8 | |
| Division 19 | |
| r 118.......................................... | am No 14, 2007; No 90, 2015 |
| r 119.......................................... | am No 14, 2007 |
| Part 10 | |
| Division 1 | |
| Division 1 heading...................... | rs No 37, 2006 |
| r 146.......................................... | am No 37, 2006 |
| r 147.......................................... | am No 37, 2006 |
| r 147A....................................... | ad No 37, 2006 |
| Division 2 | |
| r 148.......................................... | am No 14, 2007 |
| Division 3 | |
| Subdivision A | |
| Subdivision A heading................. | ad No 37, 2006 |
| r 148A....................................... | ad No 37, 2006 |
| r 148B........................................ | ad No 37, 2006 |
| Subdivision B | |
| Subdivision B heading................. | ad No 37, 2006 |
| r 149A....................................... | ad No 37, 2006 |
| Subdivision C | |
| Subdivision C............................. | ad No 37, 2006 |
| r 153.......................................... | rs No 37, 2006 |
| Part 12 | |
| r 155.......................................... | am No 14, 2007 |
| Part 13 | |
| Division 2 | |
| r 169.......................................... | am No 14, 2007 (Sch 1 item 17 md) |
| Schedule 1 (within Schedule 2) | |
| Schedule 1.................................. | ad No 37, 2006 |
| Dictionary | |
| Dictionary.................................. | am No 37, 2006; No 14, 2007 |
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