Radiocommunications (Intelligent Transport Systems) Standard 2018 (Cth)

Radiocommunications (Intelligent Transport Systems) Standard 2018

Radiocommunications Act 1992

The AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY makes this Standard under subsection 162(1) of the Radiocommunications Act 1992.

Dated: 3 December 2018

Nerida O’Loughlin

[signed]

Member

Chris Jose

[signed]
Member/General Manager

Australian Communications and Media Authority

1  Name of Standard

This Standard is the Radiocommunications (Intelligent Transport Systems) Standard 2018.

2  Commencement

This Standard commences at the start of the day after it is registered.

Note:All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See

3  Authority

This Standard is made under subsection 162(1) of the Radiocommunications Act 1992.

4  Background

(1)  This Standard applies to the radiocommunications devices referred to in subsection 7(1), and is made for:

(a)  the performance of those devices; and

(b)  the maximum permitted level of radio emissions from those devices (other than radiocommunications from those devices in accordance with Chapter 3 of the Act) within specified parts of the spectrum.

Note 1:       A radiocommunications device to which this Standard applies is referred to as an applicable device.

Note 2: Chapter 3 of the Act provides for the licensing of radiocommunications devices, the registration of licences and the re-allocation of parts of the spectrum, and imposes requirements on the operation and possession of radiocommunications devices.

(2)  This Standard consists only of such requirements as are necessary or convenient for the purpose of containing interference to radiocommunications.

5  Definitions

In this Standard:

Act means the Radiocommunications Act 1992.

applicable device means a radiocommunications device to which this Standard applies, as provided by subsection 7(1).

commencement day means the day on which this Standard commences.

ETSI means the European Telecommunications Standards Institute.

ETSI Standard EN 302 571 means Intelligent Transport Systems (ITS); Radiocommunications equipment operating in the 5 855 MHz to 5 925 MHz frequency band; Harmonised Standard covering the essential requirements of article 3.2 of Directive 2014/53/EU, published by ETSI.

included in a class of radiocommunications devices has the meaning given by:

(a)    in relation to an applicable device other than a modified device – paragraph 8(1)(a); and

(b)    in relation to a modified device – paragraph 8(2)(a).

ITS station means a radiocommunications transmitter that is operated as part of an intelligent transport system established for the purpose of road transport that is:

(a)    on a vehicle;

(b)   part of a vehicle, regardless of whether the transmitter was part of the vehicle when the vehicle was manufactured;

(c)    held, or carried by an individual, in relation to a vehicle; or

(d)   on, or part of, a fixed or mobile roadside structure.

manufactured, in relation to an applicable device, means manufactured in Australia.

modified, in relation to a radiocommunications device, means modified or altered in a material respect in Australia (after the device was manufactured or imported) by or on behalf of, the manufacturer or importer of the device.

modified device means:

   (a)    an applicable device that has been modified; and

(b)    a radiocommunications device that has been modified in such a way that it becomes an applicable device.

original modified device has the meaning given by paragraph 8(2)(b).

original radiocommunications device has the meaning given by paragraph 8(1)(b).

relevant date, for an applicable device, means the date specified in section 9 in relation to the device.

significant event means an event at a location or locations specified in a notice approved by the Chair of the ACMA and published on the ACMA’s website at Other expressions used in this Standard are defined in the Act, including:

(a)    ACMA;

(b)   interference;

(c)    radiocommunications device;

(d)   radiocommunications transmitter;

(e)    standard.

Note 2: In accordance with subsection 65(1) of the Australian Communications and Media Authority Act 2005, other expressions in this Standard may have the same meaning as in a determination made under that section, unless the contrary intention appears.

6  References to other instruments

In this Standard, unless the contrary intention appears:

(a)  a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and

(b)  a reference to any other kind of instrument or writing is a reference to that other instrument or writing as in force or in existence from time to time.

Note 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.

Note 2:       All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.

Note 3: For paragraph (b), see section 314A of the Act.

7  Application

(1)   This Standard applies to a radiocommunications device (an applicable device) that:

(a)    is an ITS station; and

(b)    is not a device mentioned in subsection (2).

Exception — device imported for significant event

(2)   This subsection applies to a radiocommunications device that:

(a)    is imported into Australia solely for use in connection with a significant event;

(b)    if there is a requirement that the device is tested or inspected before it may be used in Australia — meets the requirement;

(c)    if there is a condition or requirement imposed on the use of the device in Australia — is used in compliance with that condition or requirement;

(d)    is used in Australia only at the location of the significant event; and

(e)    is used in Australia only for the duration of the significant event.

8What is a device included in a class of radiocommunications devices?

(1)   In this Standard:

(a)    an applicable device, other than a modified device, is included in a class of radiocommunications devices if the device:

(i)      is identical to each other device of the class (irrespective of when the devices were manufactured or imported); and

(ii)     has the same manufacturer or importer as each other device of the class; and

(b)    the original radiocommunications device, in relation to the class of radiocommunications devices, is the device of the class that was the first to be manufactured or imported.

(2)   In this Standard:

(a)    a modified device is included in a class of radiocommunications devices if: 

(i)      the modification made to create the device is identical to the modification made to create each other device of the class (irrespective of when the devices were so modified);

(ii)     the device is, in all other respects, identical to each other device of the class (irrespective of when the devices were manufactured or imported); and

(iii)    the device has the same manufacturer or importer as each other device of the class; and

(b)    the original modified device, in relation to the class, is the device of the class that was the first to be created by being so modified.

9  Relevant date for an applicable device

For the purposes of this Standard, the relevant date for an applicable device is:

(a)    in the case of an applicable device (other than a modified device) that is included in a class of radiocommunications devices – the date the original radiocommunications device was manufactured or imported;

(b)    in the case of a modified device that is included in a class of radiocommunications devices – the date the modification was made to create the original modified device of the class; or

(c)    otherwise – the date the device was manufactured or imported.

10  Standard for performance

(1) For paragraph 162(1)(a) of the Act, the standard for performance of an applicable device is as set out in ETSI Standard EN 302 571, as in force or existing at the relevant date for the device.

(2)   If the relevant date for the device occurs during a transition period, the standard for performance with which the device must comply is either:

(a)    subsection (1) applying ETSI Standard EN 302 571 as in existence immediately before the transition period commenced; or

(b)    subsection (1) applying ETSI Standard EN 302 571 as in existence during the transition period.

(3)   If:

(a)    ETSI Standard EN 302 571 is amended or replaced during a transition period (the first transition period) so that there is a further transition period (the second transition period); and

(b)    the relevant date for the device occurs at a time when the first transition period and the second transition period overlap;

the standard for performance with which the device must comply is one of the following:

(c)    subsection (1) applying ETSI Standard EN 302 571 as in existence immediately before the first transition period commenced;

(d)    subsection (1) applying ETSI Standard EN 302 571 as in existence during the first transition period; or

(e)    subsection (1) applying ETSI Standard EN 302 571 as in existence during the second transition period.

(4)   If ETSI Standard EN 302 571 is:

(a)    amended; or

(b)    replaced;

then, for the purposes of this section, the transition period is the 1 year period commencing on the day ETSI Standard EN 302 571 was:

(c)    amended; or

(d)    replaced;

as the case may be.

11Transitional arrangements

If:

(a)    the relevant date for an applicable device occurred before the commencement day; or

(b)    the relevant date for an applicable device occurs less than 1 year after the commencement day;

then the device is not required to comply with this Standard.