Road Traffic (Vehicle Standards) Variation Rules 2009 (SA)

Case

South Australia

Road Traffic (Vehicle Standards) Variation Rules 2009

under the Road Traffic Act 1961

Contents

Part 1—Preliminary

  1. Short title

  2. Commencement

  3. Variation provisions

Part 2—Variation of Road Traffic (Vehicle Standards) Rules 1999

  1. Substitution of rule 12

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

  2. Variation of heading to Part 3

  3. Variation of rule 24—Adopted standards

  4. Variation of rule 41—Electrical wiring, components, connections and installations

  5. Variation of rule 43—Windscreens and windows

  6. Variation of rule 44—Window tinting

  7. Variation of rule 53—Retreads

  8. Variation of rule 62—Specifications for warning signs

  9. Variation of rule 117—Specifications for warning signs

  10. Variation of rule 128—Performance of braking systems

  11. Insertion of rule 148A

    148AMeasurement of stationary noise levels

  12. Revocation of rule 153

  13. Variation of heading to Part 11

  14. Substitution of rule 154

    154LPG‑powered vehicles

    154AVehicles powered by natural gas

  15. Insertion of rule 177

    177References to Australian Standards and Australian/New Zealand Standards

  16. Variation of Dictionary

Part 1—Preliminary

1—Short title

These rules may be cited as the Road Traffic (Vehicle Standards) Variation Rules 2009.

2—Commencement

These rules will come into operation on 1 January 2010.

3—Variation provisions

In these rules, a provision under a heading referring to the variation of specified rules varies the rules so specified.

Part 2—Variation of Road Traffic (Vehicle Standards) Rules 1999

4—Substitution of rule 12

Rule 12—delete the rule and substitute:

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

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

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

Example—

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

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

5—Variation of heading to Part 3

Heading to Part 3, Note 2—insert at the end of the note:

Rule 34(6) (horns, alarms etc) of the Vehicle Standards modifies the effect of the corresponding ADR requirement.

6—Variation of rule 24—Adopted standards

Rule 24, Example—delete "Australian Standard AS 1906 Retro‑reflective" and substitute:

Australian/New Zealand Standard AS/NZS 1906.1:1993 Retroreflective

7—Variation of rule 41—Electrical wiring, components, connections and installations

Rule 41(2)—delete "Connections" and substitute:

Connectors

8—Variation of rule 43—Windscreens and windows

Rule 43(2), definition of approved material, 5th and 6th dot points—delete "Road Vehicle Safety Glass" wherever occurring and substitute in each case:

Specification for Road Vehicle Safety Glass

9—Variation of rule 44—Window tinting

Rule 44(6)—delete subrule (6) and substitute:

(6)Glazing in a side window forward of the rear of the driver's seat may be coated to achieve a luminous transmittance of not less than 35%.

10—Variation of rule 53—Retreads

  1. Rule 53(1)(a)—delete "or Australian Standard AS 1973‑1985 Retreaded Pneumatic Passenger and Light Truck Tyre" and substitute:

    or Australian Standard AS 1973‑1985 Retreaded Pneumatic Passenger Car and Light Truck Tyres

  2. Rule 53(1)(c)—delete "Australian Standard AS 1973‑1985 Retreaded Pneumatic Passenger and Light Truck Tyre" and substitute:

    Australian Standard AS 1973‑1985 Retreaded Pneumatic Passenger Car and Light Truck Tyres

11—Variation of rule 62—Specifications for warning signs

  1. Rule 62(3)—delete "1744" and substitute:

    1744‑1975

  2. Rule 62(7)—delete "Australian Standard AS 1906 Retro‑reflective" and substitute:

    Australian/New Zealand Standard AS/NZS 1906.1:1993 Retroreflective

12—Variation of rule 117—Specifications for warning signs

Rule 117(3)(c)—delete "Australian Standard AS 1906 Retro‑reflective" and substitute:

Australian/New Zealand Standard AS/NZS 1906.1:1993 Retroreflective

13—Variation of rule 128—Performance of braking systems

Rule 128(8)—delete subrule (8) and substitute:

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

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

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

14—Insertion of rule 148A

Part 10, Division 3—before rule 149 insert:

148A—Measurement of stationary noise levels

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

(2)In this rule:

Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

Note—

The National Stationary Exhaust Noise Test Procedures for In‑Service Motor Vehicles—September 2006 is available on the Commission's website at of rule 153

Rule 153—delete the rule

16—Variation of heading to Part 11

Heading to Part 11, Note—delete the note and substitute:

Note—

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

17—Substitution of rule 154

Rule 154—delete the rule and substitute:

154—LPG‑powered vehicles

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

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

(3)If a motor vehicle had an LPG system installed before Australian Standard AS 1425-1973 was published, the vehicle must have fixed conspicuously to its front and rear number plates a label:

(a)that is made of durable material; and

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

(c)that is of a reflective red that conforms with either Australian Standard AS 1743-1975 or Australian Standard AS 1906.1-1976; and

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

154A—Vehicles powered by natural gas

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

Examples—

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

18—Insertion of rule 177

After rule 176, including the note, insert:

177—References to Australian Standards and Australian/New Zealand Standards

For the Vehicle Standards, each version of—

(a)an Australian Standard (or AS) of a specified number; and

(b)an Australian/New Zealand Standard (or AS/NZS) of the same number,

will be taken to be a version of the same standard.

19—Variation of Dictionary

  1. Dictionary, definition of 50 millimetre kingpin—delete "Articulated Vehicles Kingpins" and substitute:

    Articulated Vehicles—Kingpins

  2. Dictionary, definition of 90 millimetre kingpin—delete "Articulated Vehicles Kingpins" and substitute:

    Articulated Vehicles—Kingpins

  3. Dictionary, definition of Australian Standard or Australian/New Zealand Standard—delete the definition and substitute:

    AS or Australian Standard or AS/NZS or Australian/New Zealand Standard means a standard published by or under the authority of Standards Australia (alone or jointly with others).

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these rules come into operation as set out in these rules.

Made by the Governor

with the advice and consent of the Executive Council

on 10 December 2009

No 285 of 2009

MRS09/008CS

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