Road Transport Legislation Amendment Regulation 2014 (No 1) (ACT)

Case

Road Transport Legislation Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-2

The Australian Capital Territory Executive makes the following regulation under the Road Transport (General) Act 1999 and the Road Transport (Vehicle Registration) Act 1999.

Dated 7 February 2014.

Simon Corbell

Minister

Shane Rattenbury

Minister

Road Transport Legislation Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-2

made under the

Road Transport (General) Act 1999 and the Road Transport (Vehicle Registration) Act 1999

Contents

Page

Part 1      Preliminary

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

Part 2Road Transport (Offences) Regulation 2005

4            Schedule 1, part 1.2A, item 1.1, column 3  2

5            Schedule 1, part 1.2A, item 1.2, column 3  2

6            Schedule 1, part 1.2A, item 76.2, columns 4 and 5  2

7           Schedule 1, part 1.2A, item 93, column 3  2

Part 3Road Transport (Vehicle Registration) Regulation 2000

8            Section 5A (2), example 2  3

9            Section 59 (8), new definition of traffic offence detection device             3

10          Section 78 (1) (a)  3

11          New section 78 (4)  3

12          New section 84 (2)  4

13          Section 103  4

14          Section 104 heading  5

15          Section 104 (1)  5

16          Section 105 heading  5

17          Section 105 (1)  5

18          Section 106 heading  5

19          Section 106 (1)  6

20          Section 107 heading  6

21          Section 107 (1)  6

22          Section 107 (2)  6

23          Section 107 (3)  7

24          Section 107 (4)  7

25          Section 107 (5)  7

26          Section 107 (6)  7

27          Section 108 (1)  8

28          Section 108 (2) and (3)  8

29          Section 108 (4)  8

30          Section 108 (4)  8

31          Section 108 (5)  9

32          Section 108 (5)  9

33          Section 108 (6), (7) and (9)  9

34          Section 108 (11), definition of emission control system  9

35          Section 109 heading  10

36          Section 109 (1)  10

37          Section 109 (2), example  10

38          Section 110 heading  10

39          Section 110 (1)  10

40          Section 110 (2), example  11

41          Section 111 heading  11

42          Section 111 (1)  11

43          Section 111 (1) (a)  11

44          Section 111 (1), example  12

45          Section 111 (2), example  12

46          Part 6.5 heading  12

47          Section 159  12

48          Section 160  12

49          Section 163 heading  13

50          Section 163 (1)  13

51          Section 163 (1), note 2  13

52          Section 163 (2)  13

53          Schedule 1  14

54          Dictionary, note 2  129

55          Dictionary, definition of 2nd edition ADR  129

56          Dictionary, definition of 3rd edition ADR  130

57          Dictionary, definitions of 50mm kingpin, 75mm kingpin and 90mm kingpin 130

58          Dictionary, definition of adopted standard  130

59          Dictionary, definition of ADR (or Australian Design Rule)                  130

60          Dictionary, definitions of articulated bus and B-double  130

61          Dictionary, definition of centre-line, diagrams  131

62          Dictionary, definition of certified to ADR 83/00  132

63          Dictionary, definition of compliance plate  132

64          Dictionary, definition of controlled access bus  132

65          Dictionary, definition of dog trailer, diagram  132

66          Dictionary, definition of D-value  132

67          Dictionary, new definitions  133

68          Dictionary, definition of national standard  133

69          Dictionary, definition of night  133

70          Dictionary, definition of operator, paragraph (a)  133

71          Dictionary, definition of point of articulation, diagrams  134

72          Dictionary, definition of pole-type trailer, diagram  135

73          Dictionary, definition of quad axle group  135

74          Dictionary, definition of rear overhang line, diagrams  136

75          Dictionary  137

Part 1Preliminary

  1. Name of regulation

    This regulation is the Road Transport Legislation Amendment Regulation 2014 (No 1).

  2. Commencement

    This regulation commences on the commencement of the Heavy Vehicle National Law (ACT) Act 2013, section 7 (Application of Heavy Vehicle National Law).

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This regulation amends the Road Transport (Offences) Regulation 2005 and the Road Transport (Vehicle Registration) Regulation 2000.

Part 2Road Transport (Offences) Regulation 2005

  1. Schedule 1, part 1.2A, item 1.1, column 3

    substitute

use of heavy vehicle that contravenes heavy vehicle standard relating to speed limiter
  1. Schedule 1, part 1.2A, item 1.2, column 3

    substitute

use of heavy vehicle that contravenes heavy vehicle standard not relating to speed limiter
  1. Schedule 1, part 1.2A, item 76.2, columns 4 and 5

    substitute

6 000 600
  1. Schedule 1, part 1.2A, item 93, column 3

    substitute

driver of heavy vehicle not certify copy or entry in document when required by authorised officer

Part 3Road Transport (Vehicle Registration) Regulation 2000

  1. Section 5A (2), example 2

    substitute

    2     Vehicle Standards Bulletin No 14National Code of Practice for Light Vehicle Construction and Modification

  2. Section 59 (8), new definition of traffic offence detection device

    insert

    traffic offence detection device—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary.

  3. Section 78 (1) (a)

    substitute

    (a)the vehicle is subject to a defect notice; or

  4. New section 78 (4)

    insert

    (4)For subsection (1)—

    (a)a light vehicle is subject to a defect notice if—

    (i)a defect notice has been issued under section 159 (Issue of defect notices and formal warnings) for the vehicle that prohibits use of the vehicle or imposes conditions on the use of the vehicle; and

    (i)the notice has not been cleared under section 160 (Recording, clearance and withdrawal of defect notices); and

    (b)a heavy vehicle is subject to a defect notice if—

    (i)a vehicle defect notice has been issued under the Heavy Vehicle National Law (ACT), section 526 (Issue of vehicle defect notice) for the vehicle that prohibits use of the vehicle or includes conditions (imposed under section 527 (2) (Requirements about vehicle defect notice)) on the use of the vehicle; and

    (i)the notice has not been cleared under the Heavy Vehicle National Law (ACT), section 530 (Clearance of vehicle defect notices).

  5. New section 84 (2)

    insert

    (2)In this section:

    defect notice includes a vehicle defect notice under the Heavy Vehicle National Law (ACT), section 526 (Issue of vehicle defect notice).

  6. Section 103

    substitute

  7. Meaning of applicable vehicle standards

    In this regulation:

    applicable vehicle standards means—

    (a)for a registrable vehicle that is a heavy vehicle—a heavy vehicle standard within the meaning of the Heavy Vehicle National Law (ACT); or

    (b)for a light vehicle—the requirements mentioned in schedule 1 (Light vehicle standards) that apply to the vehicle.

  8. Section 104 heading

    substitute

  9. Road transport authority may exempt light vehicle etc from certain provisions

  10. Section 104 (1)

    omit

    vehicle, combination

    substitute

    light vehicle, light combination

  11. Section 105 heading

    substitute

  12. Meaning of operator of light vehicle—pt 6.1

  13. Section 105 (1)

    omit

    motor vehicle or trailer

    substitute

    light vehicle

  14. Section 106 heading

    substitute

  15. Meaning of operator of light combination—pt 6.1

  16. Section 106 (1)

    omit

    a combination

    substitute

    a light combination

  17. Section 107 heading

    substitute

  18. Light vehicles to be properly maintained

  19. Section 107 (1)

    substitute

    (1)This section applies to a light vehicle to which schedule 1 (Light vehicle standards) applies, whether or not it forms part of a combination.

    NoteSch 1, s 1.6 provides that the schedule does not apply to certain vehicles.

  20. Section 107 (2)

    before

    motor vehicle

    insert

    light

  21. Section 107 (3)

    before

    motor vehicle

    insert

    light

  22. Section 107 (4)

    before

    motor vehicle

    insert

    light

  23. Section 107 (5)

    omit

    a trailer

    substitute

    a light trailer

  24. Section 107 (6)

    omit

    a vehicle

    substitute

    a light vehicle

  25. Section 108 (1)

    substitute

    (1)This section applies to a light vehicle to which schedule 1 (Light vehicle standards) applies, whether or not it forms part of a combination.

    NoteSch 1, s 1.6 provides that the schedule does not apply to certain vehicles.

  26. Section 108 (2) and (3)

    before

    motor vehicle

    insert

    light

  27. Section 108 (4)

    omit

    only motor vehicle

    substitute

    only light motor vehicle

  28. Section 108 (4)

    omit

    other vehicle

    substitute

    other light vehicle

  29. Section 108 (5)

    omit

    only motor vehicle

    substitute

    only light motor vehicle

  30. Section 108 (5)

    omit

    other vehicle

    substitute

    other light vehicle

  31. Section 108 (6), (7) and (9)

    omit

    a vehicle

    substitute

    a light vehicle

  32. Section 108 (11), definition of emission control system

    omit

    a vehicle

    substitute

    a light vehicle

  33. Section 109 heading

    substitute

  34. Light motor vehicles not complying with sch 1

  35. Section 109 (1)

    before

    motor vehicle

    insert

    light

  36. Section 109 (2), example

    omit

    s 1.83 (1), which is about how headlights are to be fitted to motor vehicles

    substitute

    s 1.79 (1), which is about how headlights are to be fitted to light motor vehicles

  37. Section 110 heading

    substitute

  38. Light trailers not complying with sch 1

  39. Section 110 (1)

    before

    trailer

    insert

    light

  40. Section 110 (2), example

    omit

    s 1.69 (3), which is about axle configurations on trailers

    substitute

    s 1.66 (2), which is about axle configurations on light trailers

  41. Section 111 heading

    substitute

  42. Light combinations not complying with sch 1

  43. Section 111 (1)

    omit

    a combination

    substitute

    a light combination

  44. Section 111 (1) (a)

    before

    motor vehicle

    insert

    light

  45. Section 111 (1), example

    omit

    s 1.75, which is about the maximum length of combinations

    substitute

    s 1.71, which is about the maximum length of light combinations

  46. Section 111 (2), example

    omit

  47. Part 6.5 heading

    substitute

Part 6.5 Defect notices for light vehicles

  1. Section 159

    omit

    registrable vehicle

    substitute

    light vehicle

  2. Section 160

    omit

    a vehicle

    substitute

    a light vehicle

  3. Section 163 heading

    substitute

  4. Application of Heavy Vehicle National Law (ACT)

  5. Section 163 (1)

    omit

    Road Transport (Mass, Dimensions and Loading) Act 2009

    substitute

    Heavy Vehicle National Law (ACT)

  6. Section 163 (1), note 2

    omit

  7. Section 163 (2)

    omit

    Road Transport (Mass, Dimensions and Loading) Act 2009

    substitute

    Heavy Vehicle National Law (ACT)

  8. Schedule 1

    substitute

Schedule 1Light vehicle standards

(see s 103)

Part 1.1General

Note 1The Australian Vehicle Standards Rules 1999 (the Vehicle Standards), which were approved by the Australian Transport Council on 29 January 1999, set standards that vehicles must comply with to be driven on roads and road related areas.

This schedule contains the Vehicle Standards as modified for implementation in the ACT, and applying to light vehicles only.

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 light vehicle or light combination complies with this schedule, it is suitable for road use.

Note 2The ACT Inspection Manual for Light Vehicles and the ACT Inspection Manual for Heavy Vehicles, published by the road transport authority, provide information to help people meet the requirements of this schedule.  The manuals are available from the road transport authority.

1.1Object of sch 1

(1)The object of this schedule is to set standards about the construction and performance of light vehicles and light combinations that are uniform throughout Australia.

(2)The standards are intended—

(a)to promote, throughout the life of light vehicles and light combinations, their safe use and efficiency and the protection of the environment; and

(b)to reduce the cost of transport administration.

1.2Diagrams—sch 1

(1)A diagram in this schedule is part of the schedule.

(2)A diagram of something 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.

1.3Optional items

If it is provided or indicated, in a provision of this schedule, a 2nd edition ADR or a 3rd edition ADR, that an item of equipment is optional and the item is used on a light vehicle to which the provision applies, the item must comply with the provision.

1.4Special requirements for vehicles used by people with disabilities etc

The road transport authority may require or permit a light vehicle to be specially built, equipped or adapted in a way not provided for under this schedule if it is to be used by a person with a physical disability.

NoteVehicles that are modified must continue to comply with this schedule. For guidance on light vehicle modifications see Vehicle Standards Bulletin No 6 – National Code of Practice for Heavy Vehicle Modifications and Vehicle Standards Bulletin No 14 – National Code of Practice for Light Vehicle Construction and Modification.

The bulletins do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The bulletins are accessible at 1.2Application of sch 1

NoteThe requirements of this schedule apply to light vehicles and light combinations that are used on a road or road related area (see s 109 (Light motor vehicles not complying with sch 1), s 110 (Light trailers not complying with sch 1) and s 111 (Light combinations not complying with sch 1)).

1.5Application of sch 1 to plant

(1)The provisions of this schedule (other than this section) do not apply to plant.

(2)However, plant must continue to comply with the technical specifications to which it was built and remain safe for use on roads or road related areas.

NoteAlthough the ACT Inspection Manual for Light Vehicles and the ACT Inspection Manual for Heavy Vehicles do not apply directly to plant, they provide a guide to the maintenance and repair of vehicles generally.

(3)In this section:

plant means a motor vehicle that consists solely of¾

(a)a machine or implement that cannot carry a load, other than tools and accessories usually carried in or on the vehicle; or

(b)a crane or forklift truck.

1.6Vehicles to which sch 1 does not apply etc

(1)This schedule does not apply to—

(a)a vehicle used only on a railway or tramway; or

(b)a vehicle designed to be controlled by a person walking next to it; or

(c)a vehicle propelled by a motor with a maximum power output of not over 200W; or

(d)a motorised wheelchair that cannot travel faster than 10km/h; or

(e)a vehicle or combination that is being repaired, or is being tested in the course of being repaired, so it will comply with this schedule; or

(f)a vehicle or combination being driven or towed directly to a place where it is to be repaired so it will comply with this schedule; or

(g)a heavy vehicle or combination that includes a heavy vehicle.

(2)This schedule applies to a light vehicle even if the light vehicle forms part of a heavy combination under the Heavy Vehicle National Law (ACT).

1.7Non-application of sch 1 to ADR-compliant matters

(1)A requirement of parts 1.5 (General safety requirements) to 1.12 (Mechanical connections between vehicles) does not apply to a light vehicle if the requirement is inconsistent with a requirement of a 2nd or 3rd edition ADR that the vehicle complies with (regardless of whether or not the vehicle is required to comply with the ADR requirement).

(2)Subsection (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 2nd and 3rd edition ADR do not apply to a truck (including a truck that is a light vehicle) built in 1968, the truck must comply with sch 1, s 1.133 (What braking system a light motor vehicle must have). If the owner of such a truck modified the brakes so that they did comply with the 2nd edition ADR, any requirement in sch 1, s 1.133 in relation to the truck’s brakes that was inconsistent with the 2nd edition ADR would no longer apply to the truck.

However, if the modified brakes only comply with a rule of the 2nd edition ADR that only applies to passenger cars, then sch 1, s 1.133 does apply, as s 1.7 (1) would not apply as a result of s 1.7 (2), because a truck is not a passenger car.

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

1.8Non-application of sch 1—exemption under other laws

(1)A provision of this schedule does not apply to a light vehicle or light combination if the vehicle or combination is exempt from—

(a)the provision under section 104 (Road transport authority may exempt light vehicle etc from certain provisions); or

(b)the corresponding provision of the law of another jurisdiction.

(2)However, the vehicle or combination is exempt only if all conditions of the exemption (if any) are being complied with.

Example

An exemption permitting a greater dimension limit for a light vehicle is subject to conditions about the route where, and times when, the vehicle is permitted to travel, and the escort vehicles needed to accompany the vehicle. A relevant provision of this schedule does not apply to the vehicle only if the conditions are complied with.

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

1.9Non-application of sch 1—Motor Vehicle Standards Act approvals

A provision of parts 1.5 (General safety requirements) to 1.12 (Mechanical connections between vehicles) does not apply to a light vehicle if—

(a)the vehicle does not comply with a requirement of an ADR applying to the vehicle; and

(b)the provision of this schedule corresponds to the requirement of the ADR; and

(c)despite the noncompliance, approval has been given, under the Motor Vehicle Standards Act 1989 (Cwlth), section 10A (2) or (3), to place identification plates on vehicles of that type; and

(d)the vehicle complies with the approval conditions (if any).

Note 1The Motor Vehicle Standards Act 1989 (Cwlth), s 10A (2) deals with vehicles that do not comply with an ADR, but the noncompliance is only in minor and inconsequential respects.

Note 2That Act, s 10A (3) deals with vehicles that do not comply with an ADR, and the noncompliance is not minor and inconsequential, but the vehicle will be safe to use if conditions are complied with.

Part 1.3Australian Design Rules

NoteThis part applies the 2nd and 3rd edition ADRs to various vehicles.

Under the part, a vehicle that is subject to ADRs when it is built generally remains subject to the ADRs throughout its life.  However, a vehicle need not comply with a standard if the standard is replaced by, or inconsistent with, a later standard and the vehicle complies with the later standard.  Older vehicles may, therefore, be fitted with any equipment allowed on newer vehicles.

Vehicles that are modified must continue to comply with this schedule.  For guidance on vehicle modifications see Vehicle Standards Bulletin No 6 – National Code of Practice for Heavy Vehicle Modifications and Vehicle Standards Bulletin No 14 – National Code of Practice for Light Vehicle Construction and Modification

The bulletins do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The bulletins are accessible at schedule, s 1.34 (6) (Horns, alarms etc) modifies the effect of the corresponding ADR requirement.

The following provisions of this schedule apply to a vehicle instead of the corresponding ADR requirement:

·     s 1.47 (5) (Window tinting)

·     s 1.54 (Tyres—manufacturer’s rating).

Division 1.3.1           Interpretation

1.10What is an ADR?

An ADR (Australian Design Rule) is a national standard.

1.11What is a national standard?

A national standard is a national standard under the Motor Vehicle Standards Act 1989 (Cwlth).

1.12References to national standards

Unless the contrary intention appears, a reference in this schedule to a national standard is a reference to the national standard as in force from time to time.

1.13What is a 2nd edition ADR

A 2nd edition ADR is a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicle Safety, Second Edition originally published by the then Commonwealth Department of Transport.

1.14What is a 3rd edition ADR?

A 3rd edition ADR is a national standard incorporated in the document described as the Australian Design Rules for Motor Vehicles and Trailers, Third Edition published by the Federal Office of Road Safety of the then Commonwealth Department of Transport and Regional Development.

Division 1.3.2           Compliance with ADRs

1.15Compliance with 2nd edition ADRs

(1)If a 2nd edition ADR recommends that the ADR should apply to the design and construction of a vehicle, the vehicle must comply with the ADR.

(2)If a 2nd edition ADR contains a requirement for a type of equipment fitted to a vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with—

(a)the requirement as in force when the vehicle was built; or

(b)if the requirement is amended after the vehicle is built and before the equipment is fitted—the requirement as in force—

(i)when the vehicle was built; or

(ii)when the equipment was fitted; or

(iii)at any time between when the vehicle was built and the equipment was fitted.

(3)However, a vehicle, or equipment fitted to a vehicle, need not comply with a recommendation or requirement of a 2nd edition ADR if—

(a)the recommendation or requirement is replaced by, or is inconsistent with, a requirement of a 3rd edition ADR applying to the vehicle or equipment; and

(b)the vehicle or equipment complies with the requirement of the 3rd edition ADR.

(4)If a 2nd edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.

1.16Compliance with 3rd edition ADRs

(1)If a 3rd edition ADR applies to the design and construction of a vehicle, the vehicle must comply with the ADR.

(2)If a 3rd edition ADR contains a requirement for a type of equipment fitted to a vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with—

(a)the requirement as in force when the vehicle was built; or

(b)if the requirement is amended after the vehicle is built and before the equipment is fitted—the requirement as in force—

(i)when the vehicle was built; or

(ii)when the equipment was fitted; or

(iii)at any time between when the vehicle was built and the equipment was fitted.

(3)However, a vehicle, or equipment fitted to a vehicle, need not comply with a requirement of a 3rd edition ADR if—

(a)the requirement is replaced by, or is inconsistent with, a requirement of a later version of the ADR applying to the vehicle or equipment; and

(b)the vehicle or equipment complies with the requirement of the later version.

(4)If a 3rd edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.

1.17Exception to compliance with ADRs—vehicles that are not road vehicles

A vehicle need not comply with an ADR applied by section 1.15 (1) or section 1.16 (1) if a determination or declaration under the Motor Vehicle Standards Act 1989 (Cwlth), section 5B provides that the vehicle is not a road vehicle for that Act.

1.18Exception to compliance with ADRs—Motor Vehicle Standards Act

(1)A vehicle need not comply with an ADR applied by section 1.15 (1) or section 1.16 (1) if—

(a)despite noncompliance with the ADR, approval has been given, under the Motor Vehicle Standards Act 1989 (Cwlth), section 10A (2) or (3), to place identification plates on vehicles of that type; and

(b)the vehicle complies with the approval conditions (if any).

Note 1The Motor Vehicle Standards Act 1989 (Cwlth), s 10A (2) deals with vehicles that do not comply with an ADR, but the noncompliance is only in minor and inconsequential respects.

Note 2That Act, s 10A (3) deals with vehicles that do not comply with an ADR, and the noncompliance is not minor and inconsequential, but the vehicle will be safe to use if conditions are complied with.

(2)A vehicle need not comply with an ADR applied by section 1.15 (1) or section 1.16 (1) if—

(a)the vehicle may be supplied to the market under the Motor Vehicle Standards Act 1989 (Cwlth), section 14A (1); and

(b)for a vehicle for which an approval has been given under that subsection—the vehicle complies with the approval conditions (if any).

(3)A vehicle need not comply with an ADR applied by section 1.15 (1) or section 1.16 (1) if—

(a)the vehicle may be used in transport in Australia under the Motor Vehicle Standards Act 1989 (Cwlth), section 15 (2); and

(b)for a vehicle for which an approval has been given under that subsection—the vehicle complies with the approval conditions (if any).

1.19Partial exception to compliance with ADRs—personally imported vehicles

(1)A personally imported vehicle must be fitted with—

(a)seatbelts that are as effective as seatbelts that meet an Australian Standard or British Standard for seatbelts as in force on 1 March 2000; and

(b)seatbelt anchorages that meet the number and location requirements of 2nd or 3rd edition ADR 5; and

(c)child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of 2nd edition ADR 34 or 3rd edition ADR 5 or 34; and

(d)head restraints that meet the number, location and size requirements of 2nd or 3rd edition ADR 22.

(2)However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subsection (1) if the ADR recommends that it should apply, or applies, to a vehicle of the same type.

(3)A personally imported vehicle need not otherwise comply with an ADR applied by section 1.15 (1) or section 1.16 (1).

(4)In this section:

personally imported vehicle means a vehicle built after 1968 that is imported into Australia under the Motor Vehicle Standards Regulations 1989 (Cwlth), regulation 13 by a person who owned and used the vehicle before it was imported into Australia, for a continuous period of at least––

(a)for a vehicle owned by the applicant before 9 May 2000––3 months; or

(b)in any other case––12 months.

1.20Alteration of specifications

(1)A vehicle must not be altered from its specifications, as originally built, so that it no longer complies with the requirements of a 2nd edition ADR or 3rd edition ADR applying to that vehicle.

(2)A car, or a car derivative, must also not be altered in any of the following respects:

(a)by fitting a wheel rim that does not comply with the relevant dimensional standards for wheel rims in the Tyre and Rim Standards Manual issued by the Tyre and Rim Association of Australia;

(b)by widening the wheel track of the front or rear wheels by over 25mm (or, for a four-wheel drive built for off-road use, 50mm) beyond the maximum specified by the axle or vehicle manufacturer;

(c)by fitting a wheel nut that does not—

(i)engage the thread of the wheel stud for at least the same length as the wheel nut provided by the vehicle manufacturer; or

(ii)match the taper on the wheel stud hole;

(d)by fitting a tyre that is not appropriate to the wheel rim as specified in the Tyre and Rim Standards Manual issued by the Tyre and Rim Association of Australia;

(e)by fitting a tyre with a section width over 30% (or, for a four‑wheel drive built for off-road use, 50%) larger than the largest optional tyre specified by the vehicle’s manufacturer;

(f)so that any part of it other than a tyre or wheel rim will contact the road surface if a tyre completely deflates;

(g)by welding or heating an axle, stub axle, steering arm, steering knuckle support or heat degradable component.

(3)If a vehicle is altered from its specifications as originally built, the road transport authority may require the responsible person for the vehicle to supply information about the alterations.

(4)Despite subsections (1) and (2), a vehicle may be altered from its specifications as originally built if the alteration only gives effect to any subsequent 2nd edition ADR or 3rd edition ADR applying to a vehicle of that type.

Part 1.4Adopted standards

1.21What is an adopted standard?

An adopted standard is a standard, other than a national standard, that is applied, adopted or incorporated by this schedule.

Example

Section 1.55 adopts AS 1973-1993 (Pneumatic Tyres‑Passenger Car, Light Truck and Truck/Bus‑Retreading and Repair Processes).

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

1.22Exception to compliance with adopted standards

A light vehicle need not comply with an adopted standard if—

(a)the standard is replaced by, or is inconsistent with, a later version of the standard; and

(b)the vehicle complies with the later version of the standard.

1.23Reference to adopted standards

A reference in a section or subsection to an adopted standard is a reference to the standard as in force when the section or subsection commenced.

Part 1.5General safety requirements

NoteFor a light vehicle to be operated safely, the vehicle needs to be properly designed to minimise the potential for accidents and harm to other road users.

This part sets out various requirements covering the driver’s view from a vehicle, the driver’s control of a vehicle, protection of vehicle occupants and other road users, and other general safety features.

Division 1.5.1           All light vehicles

1.24Steering

(1)A light motor vehicle that is less than 30 years old must have a right‑hand drive unless the vehicle—

(a)was registered unconditionally in left-hand drive form in Australia before 1 January 1985; or

(b)is temporarily in Australia under a Commonwealth law or in accordance with an agreement with the Commonwealth.

(2)A light motor vehicle has a right-hand drive if the centre of at least 1 steering control of the vehicle is to the right of, or in line with, the centre of the vehicle.

(3)A component of the steering system of a light motor vehicle that is essential for effective steering of the vehicle must be built to transmit energy by mechanical means only.

(4)Failure of a non-mechanical component of the steering system must not prevent effective steering of the vehicle.

(5)This section does not apply to a light vehicle if the vehicle is built mainly for a purpose other than the transport of goods or people by road.

1.25Turning ability

(1)A light motor vehicle must be able to turn in a circle not over 25m in diameter, measured by the outer edge of the tyre track at ground level.

(2)The vehicle must be able to comply with subsection (1) whether it turns to the left or to the right.

1.26Ability to travel backwards and forwards

A light motor vehicle with an unloaded mass over 450kg must be able to be driven both backwards and forwards when the driver is in the normal driving position.

1.27Protrusions

(1)An object fitted to a light vehicle must be designed, built and fitted to the vehicle in a way that minimises the likelihood of injury to a person making contact with the vehicle.

(2)However, subsection (1) does not apply to an object fitted to a light vehicle if—

(a)the vehicle was designed before 1965 and the object was part of the design of the vehicle; or

(b)the object was fitted to the vehicle before 1965 in accordance with the law of the place where the object was fitted.

1.28Oil and grease not to be dropped

All parts and fittings of a light vehicle must be designed, built and maintained so that an excessive amount of oil or grease will not be dropped onto the roadway.

1.29Driver’s view and vehicle controls

A light motor vehicle must be built—

(a)to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and

(b)with its controls located so the driver can drive the vehicle safely.

1.30Seating

A seat for a driver or passenger in a light vehicle must be securely attached to the vehicle.

1.31Child restraint anchorages

(1)The following vehicles must be fitted with a child restraint anchorage complying with ADR 34:

(a)a car (other than a car with a hinged or folding rear seat or a station wagon) built after June 1976;

(b)a car with a hinged or folding rear seat, or a station wagon, built after 1976;

(c)a forward-control passenger vehicle built after 1985;

(d)a bus built after June 1988 that has a GVM not over 3.5t and not over 12 seating positions (including the driver’s).

(2)In subsection (1):

forward-control passenger vehicle means a car that has—

(a)    up to 9 seating positions (including the driver’s); and

(b)    the centre of the steering wheel in the front quarter of the vehicle’s total length (including any bumpers or overriders); and

(c)    a GVM not over 3.5t; and

(d)    a difference between its tare mass and its GVM that is not more than double the total weight of passengers calculated by multiplying the number of seating positions by 68kg.

1.32Door latches and hinges

Door latches and hinges on a light vehicle must be built so the doors are securely attached to the vehicle and can remain securely fastened when closed.

1.33Mudguards

(1)A light vehicle must have a mudguard for each wheel or for adjacent wheels firmly fitted.

(2)However, subsection (1) does not apply to a light vehicle if—

(a)the construction or use of the vehicle makes the fitting of mudguards unnecessary or impracticable; or

(b)the body or part of the body of the vehicle acts as a mudguard.

Examples of vehicles—par (a)

·     most road plant

·     some agricultural equipment

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)A mudguard may be up to—

(a)230mm above ground level; or

(b)on a vehicle built to be used off-road—300mm above ground level.

(4)The outside of a rear mudguard, except a mudflap, of a vehicle that can be seen from the rear of the vehicle must be coloured white or silver if the vehicle—

(a)is at least 2.2m wide; and

(b)has a body the vertical measurement of which is under 300mm at the rear, measured from the lowest point of the body above ground level to the highest point; and

(c)is not fitted with rear marking plates.

(5)For subsection (4) (a), the width of a vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

1.34Horns, alarms etc

(1)A light motor vehicle must be fitted with at least 1 horn or other device that can give sufficient audible warning to other road users of the approach or position of the vehicle.

(2)A light motor vehicle must not be fitted with a device that can make a sound like the sound of a siren, exhaust whistle, compression whistle or repeater horn.

(3)However, subsection (2) does not apply to—

(a)a police vehicle; or

(b)an emergency vehicle; or

(c)a transport enforcement vehicle; or

(d)an Australian Protective Service vehicle; or

(e)an Australian Customs Service vehicle; or

(f)an Airservices Australia vehicle; or

(g)a vehicle at least 25 years old that is fitted as a police or emergency vehicle if—

(i)the vehicle is used for exhibition purposes; or

(ii)it is part of a collection of former police or emergency vehicles; or

(h)an anti-theft alarm if the alarm cannot be operated while the vehicle’s ignition is on.

(4)Also, a light motor vehicle may be fitted with a device that emits a regular, intermittent sound while the vehicle is reversing or in reverse gear.

(5)The device must not be louder than is necessary so the driver, and a person near the vehicle, can hear the device when it is operating.

(6)The provision of the relevant ADR that corresponds to subsection (2) applies to a vehicle as if that provision did not contain a reference to a bell.

(7)In this section:

repeater horn means a device that makes a sound alternating between different tones or frequencies on a regular time cycle.

1.35Rear-vision mirrors

(1)A rear-vision mirror or mirrors must be fitted to a light motor vehicle as required by this section so a driver of the vehicle can clearly see by reflection the road behind the vehicle and any following or overtaking vehicle.

(2)At least 1 rear-vision mirror must be fitted to—

(a)a car; and

(b)a motortrike with 2 front wheels; and

(c)a motorbike, or motortrike with 1 front wheel, built before July 1975.

(3)At least 1 rear-vision mirror must be fitted to each side of the following light motor vehicles:

(a)a motor vehicle with a GVM over 3.5t;

(b)a motorbike, or motortrike with 1 front wheel, built after June 1975;

(c)a motor vehicle (other than a station wagon) built to transport goods;

(d)a bus;

(e)a motor vehicle towing a trailer or another vehicle if the towed trailer or vehicle is wider than the towing vehicle;

(f)a motor vehicle if the driver cannot, by using a mirror fixed to the interior of the vehicle, have a clear view of the road to the rear of the vehicle and of any following or overtaking vehicle—

(i)because of the way in which the vehicle is built, equipped or loaded; or

(ii)because the vehicle is towing a trailer or other vehicle; or

(iii)for any other reason.

(4)A light motor vehicle with a GVM not over 3.5t (other than a motor vehicle mentioned in subsection (2) or (3)) must be fitted with—

(a)at least 1 rear-vision mirror on the right side of the vehicle; and

(b)at least 1 rear-vision mirror on the left side of the vehicle or inside the vehicle.

(5)A rear-vision mirror fitted to a light motor vehicle with a GVM over 3.5t must not project over 150mm beyond the widest part (excluding lights, signalling devices and reflectors) of the vehicle or the combination of which it forms part.

(6)However, the rear-vision mirror may project not over 230mm beyond the widest part of the vehicle or combination if it can fold to project not over 150mm beyond the widest part.

1.36Rear-vision mirrors—surfaces

(1)A rear-vision mirror required to be fitted to the side of a light motor vehicle with a GVM over 3.5t must have a reflecting surface of at least 150cm2.

(2)A rear-vision mirror required to be fitted to the right side of a light motor vehicle with a GVM over 3.5t must have a flat reflecting surface if—

(a)the motor vehicle has only 1 steering control; and

(b)the centre of the steering control is to the right of, or in line with, the centre of the motor vehicle.

(3)The reflecting surface of the rear-vision mirrors that are required to be fitted to a motorbike or moped must—

(a)each be of the same curvature; and

(b)if convex, be part of a notional sphere with a radius of at least 1.2m.

1.37Additional rear-vision mirrors

A light motor vehicle may be fitted with additional rear-vision mirrors or mirror surfaces that are flat or convex or a combination of flat and convex surfaces.

1.38Automatic transmission

(1)A light motor vehicle fitted with an automatic transmission must have an engine starter mechanism that cannot operate when the transmission control is in a position to drive the vehicle.

(2)A light vehicle built after 1975 that is fitted with an automatic transmission must have an indicator in the driver’s compartment showing the transmission control position.

(3)Subsections (1) and (2) do not apply to a light motor vehicle with less than 4 wheels.

(4)If a light motor vehicle (other than a motorbike or implement) built after 1975 is equipped with automatic transmission—

(a)the transmission control lever position, and an indication of the transmission gear ratio selected, must be displayed within the driver’s compartment where they will be readily visible to the driver; and

(b)the sequence of transmission control lever positions must—

(i)include a neutral position (in which no power is transmitted to the driving wheels) located between the reverse drive and forward drive positions; and

(ii)if a park position (in which forward or rearward movement of the vehicle is prevented) is included—the park position must be located at the end of the sequence adjacent to the reverse drive position.

(5)If a car, or a car derivative, built after 1975 is equipped with automatic transmission and—

(a)the transmission control lever is located on the steering column—

(i)the movement of the lever from neutral to reverse must be clockwise or, if all lever positions are to the right of the vertical longitudinal plane through the centre of the steering wheel, the movement of the lever from neutral to reverse must be anticlockwise; and

(ii)the movement of the device provided to indicate the transmission gear ratio selected must be generally in the same linear or rotational direction as the movement of the lever; or

(b)the transmission control lever is located in another position—

(i)all lever positions must be to the left of the vertical longitudinal plane through the centre of the steering wheel; and

(ii)the movement of the lever from neutral to reverse must be generally upwards, forward or to the left according to whether the lever is constrained to be moved generally in a vertical, longitudinal or transverse direction, as the case may be.

1.39Diesel engines

A light motor vehicle propelled by a compression ignition engine (commonly known as a diesel engine) must be fitted with a device preventing the engine from being started accidentally or inadvertently.

1.40Bonnet securing devices

(1)A light motor vehicle with a moveable body panel forward of the windscreen must have a device to secure the panel if it covers an engine, luggage storage or battery compartment.

(2)However, if the panel opens from the front in a way that partly or completely obstructs the driver’s forward view through the windscreen, the panel must have primary and secondary devices to secure the panel.

1.41Electrical wiring, components, connections and installations

(1)The wiring of electrical equipment of a light vehicle, except the high‑tension ignition wiring, must—

(a)be supported at intervals of not over 600mm, unless the vehicle is a pole-type trailer with a pole with an adjustable length, or an extendible trailer; and

(b)be insulated at each of its joints; and

(c)be located where it cannot—

(i)become overheated; or

(ii)contact moving parts; or

(iii)come near enough to the fuel system to be a fire hazard; and

(d)be protected from chafing.

(2)The electrical components of a light vehicle must be securely mounted.

(3)The electrical connectors between light motor vehicles and light trailers, for operation of the vehicle lights required by this schedule, must comply with AS 2513-1982 (Electrical Connections for Trailer Vehicles).

(4)A light trailer must be equipped with an electrical conductor, independent of the trailer coupling, that provides a return path between the electrical circuits of the trailer and towing vehicle.

1.42Speedometers

(1)A light motor vehicle built after June 1974 that can be driven faster than 50km/h on a level road must be fitted with a speedometer.

(2)The speedometer must—

(a)indicate the speed at which the vehicle is being driven in kilometres per hour; and

(b)indicate, when the vehicle is travelling faster than 40km/h, a speed that is not over 10% less than the actual speed; and

(c)be readily visible to the driver.

1.43Television receivers and visual display units

(1)A television receiver or visual display unit must not be installed in a light vehicle so any part of the image on the screen is visible to the driver from the normal driving position.

(2)However, subsection (1) does not apply to—

(a)a television receiver or visual display unit that cannot be operated when the vehicle is moving; or

(b)a driver’s aid in any vehicle or a destination sign in a bus.

Examples—driver’s aids

·     closed-circuit television security cameras

·     dispatch systems

·     navigational or intelligent highway and vehicle system equipment

·     rear-view screens

·     ticket-issuing machines

·     vehicle monitoring devices

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)A television receiver, or visual display unit, and its associated equipment in a light vehicle must be securely mounted in a position that—

(a)does not obscure the driver’s view of the road; and

(b)does not impede the movement of a person in the vehicle.

1.44Windows generally

(1)A window on a light vehicle must be sound and properly fitted.

(2)A movable window on a light vehicle must be fitted with a suitable device to open and close it.

(3)At least 1/2 of the side windows on a light vehicle must be openable.

1.45Requirement for windscreen to be fitted

A light motor vehicle (other than a motorbike, a motortrike or a moped) must be fitted with a windscreen if it is manufactured or designed to have a windscreen.

1.46Windscreens and windows

(1)Transparent material used in a windscreen, window, or an interior partition, of a light motor vehicle must be of approved material if—

(a)the vehicle was built after June 1953; or

(b)the material was first fitted to the vehicle after June 1953.

(2)However, non-shatterable transparent material may be used in a window or an interior partition of a light motor vehicle.

(3)In this section:

approved material means material with the same characteristics as material mentioned in any of the following standards:

·     AS R1-1965 (Safety Glass for Land Transport)

·     AS R1-1968 (Safety Glass for Land Transport)

·     AS 2080-1977 (Safety Glass for Vehicles)

·     British Standard BS 857:1967 Specification for Safety Glass for Land Transport

·     British Standard BS 5282:1975 Specification for Road Vehicle Safety Glass

·     Economic Commission for Europe Regulation No 43 Uniform Provisions Concerning Approval of Safety Glazing and Glazing Materials for Installation on Power Driven Vehicles and their Trailers.

·     British Standard BS AU178:1980 Specification for Road Vehicle Safety Glass

·     Japanese Industrial Standard JIS R 3211-1979 Safety Glasses for Road Vehicles

·     American National Standard ANSI Z26.1-1980 Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways.

Economic Commission for Europe means the commission of that name established by the United Nations.

transparent material does not include any coating added to the windscreen, window or partition after its manufacture.

Note 1An instrument mentioned in this section does need to be notified under the Legislation Act because s 47 (5) does not apply (see s 5A).

Note 2The Australian Standards mentioned in this section may be purchased at

Note 3The British Standards mentioned in this section may be purchased at 4The Economic Commission for Europe Regulation No 43 is available at 5The Japanese Industrial Standard JIS R 3211-1979 may be purchased at 6The American National Standard ANSI Z26.1-1980 may be purchased at tinting

(1)Glazing used in a windscreen of a light motor vehicle must have a luminous transmittance of at least 70%.

(2)Windscreen glazing of a light motor vehicle must not be coated in a way that reduces its luminous transmittance.

(3)However, subsections (1) and (2) do not apply to the greater of the following areas of a windscreen:

(a)the area above the highest point of the windscreen that is swept by a windscreen-wiper;

(b)the upper 10% of the windscreen.

(4)Glazing used in a window or interior partition of a light motor vehicle must have a luminous transmittance of at least 70%.

(5)Glazing (other than glazing used in the windscreen in a light motor vehicle) may be coated to achieve a luminous transmittance of not less than 35%.

(6)Glazing that has been coated to reduce its luminous transmittance must not have a reflectance of over 10%.

(7)The luminous transmittance requirements in subsection (5) apply to a vehicle instead of the corresponding requirements in the relevant ADR.

(8)In this section:

luminous transmittance, for glazing, means the amount of light that can pass through the glazing as a percentage of the amount of light that would be transmitted if the glazing were absent.

NoteGlazing—see the dictionary.

1.48Windscreen-wipers

(1)A light motor vehicle with 3 or more wheels that is fitted with a windscreen must be fitted with at least 1 windscreen-wiper unless a driver in a normal driving position can obtain an adequate view of the road ahead of the motor vehicle without looking through the windscreen.

(2)At least 1 windscreen-wiper fitted to the motor vehicle must—

(a)be able to remove moisture from the part of the windscreen in front of the driver to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet; and

(b)be able to be operated from a normal driving position; and

(c)for a motor vehicle built after 1934—continue to operate until the wiper is switched off; and

(d)for a motor vehicle built after 1959 the driving position of which is nearer one side of the vehicle than the other—

(i)be able to remove moisture from the part of the windscreen in front of the driver, and a corresponding part of the windscreen on the other side of the centre of the motor vehicle, to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet; and

(ii)if the windscreen-wipers are operated by engine manifold vacuum—be provided with a vacuum reservoir or pump to maintain the efficient operation of the wiper or wipers while the vehicle is in motion.

NoteThe ADRs require certain vehicles with a GVM not over 4.5t to be fitted with a windscreen-washer.

1.49Wheels and tyres—size and capacity

The wheels and tyres fitted to an axle of a light vehicle must be of sufficient size and capacity to carry the part of the vehicle’s gross mass transmitted to the ground through the axle.

1.50Pneumatic tyres generally

A light vehicle built after 1932 must be fitted with pneumatic tyres.

1.51Pneumatic tyres—carcass construction

(1)A light vehicle must not have pneumatic tyres of different carcass construction fitted to the same axle, but the tyres may have different cord materials and a different number of plies.

(2)However, subsection (1) does not apply to a tyre being used in an emergency as a temporary replacement for a tyre complying with the subsection.

1.52Pneumatic tyres—size and capacity

The size and capacity of a pneumatic tyre to be fitted to a light vehicle must be decided using a cold inflation pressure that is not over the lesser of—

(a)the pressure recommended by the tyre manufacturer; and

(b)a pressure of—

(i)for a radial ply tyre—825kPa; or

(ii)for another tyre—700kPa.

1.53Tyres—defects

A tyre fitted to a light vehicle must be free of any apparent defect that could make the vehicle unsafe.

1.54Tyres—manufacturer’s rating

(1)This section applies to a light motor vehicle if the vehicle—

(a)has 4 or more wheels; and

(b)was built after 1972.

(2)However, this section does not apply to a tyre if the tyre—

(a)is recommended by the vehicle builder as suitable for limited use on the vehicle in special circumstances at a speed less than the speed applying to the vehicle under subsection (3); or

(b)is being used in an emergency as a temporary replacement for a tyre complying with this section.

(3)A tyre fitted to a light motor vehicle must, when first built, have been rated by the tyre manufacturer as suitable for road use at the lesser of—

(a)a speed of at least—

(i)for a car with special features for off-road use—140km/h; or

(ii)for another car—180km/h; or

(iii)for another motor vehicle—120km/h; and

(b)the vehicle’s top speed.

Example—par (a) (i)

a four-wheel drive

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(4)This section applies to a light vehicle instead of the tyre speed category requirements in the relevant ADR.

1.55Retreads

(1)A tyre that is retreaded before 1 March 2000 must not be used on a vehicle if—

(a)AS 1973-1976 (Retreaded Pneumatic Passenger Car and Light Truck Tyre) or AS 1973-1985 (Retreaded Pneumatic Passenger and Light Truck Tyre) applies to the tyre; and

(b)the tyre was retreaded after publication of the Australian Standard; and

(c)the tyre was not retreaded in accordance with AS 1973-1976 (Retreaded Pneumatic Passenger Car and Light Truck Tyre), AS 1973-1985 (Retreaded Pneumatic Passenger and Light Truck Tyre) or AS 1973-1993 (Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes).

(2)A tyre that is retreaded after 29 February 2000 must not be used on a vehicle if—

(a)AS 1973-1993 (Pneumatic Tyres—Passenger Car, Light Truck and Truck/Bus—Retreading and Repair Processes) applies to the tyre; and

(b)the tyre was not retreaded in accordance with the Australian Standard.

Note 1The Australian Standards mentioned in this section require various markings on retreaded tyres. These may include a speed rating less than the rating originally marked on the tyre.

Note 2AS 1973-1976, AS 1973-1985 and AS 1973-1993 may be purchased at tread 

(1)A tyre on a light motor vehicle must not have cleats or other gripping devices that could damage road surfaces.

(2)Except at tread wear indicators, a tyre fitted to the vehicle must have a tread pattern at least 1.5mm deep in a band that runs continuously—

(a)across the tyre width that normally comes into contact with the road; and

(b)around the whole circumference of the tyre.

(3)A light vehicle must not be fitted with a tyre that has been treated by recutting or regrooving the tread rubber, unless the tyre was—

(a)built with an extra thickness of rubber designed for recutting or regrooving; and

(b)labelled to indicate the construction.

Division 1.5.2           Additional requirements for motorbikes

1.57Steering gear and handlebars 

(1)The handlebars on a motorbike must extend at least 250mm, but not over 450mm, on each side of the centre-line of the vehicle.

(2)In taking a measurement for subsection (1), mirrors and lights mounted on the handlebars of the motorbike are disregarded.

(3)The lowest part of the handgrip on the handlebars must not be higher than 380mm above the attachment point of the handlebars to the motorbike.

(4)Handgrips on the handlebars must be fitted symmetrically.

(5)If a motorbike has the head stem as the steering pivot point, the horizontal distance from the midpoint between the head stem bearings to the centre of the front wheel must not be over 550mm.

Maximum horizontal distance from midpoint between head stem bearings of motorbike to centre of front wheel

1.58Footrests 

A motorbike must be fitted with footrests for the driver, and for any passenger for whom a seating position is provided.

1.59Chain guards 

(1)If the engine power of a motorbike is transmitted to the rear wheel by a chain, the driver and any passenger must be protected from the front sprocket and at least the upper part of the chain by—

(a)the frame or equipment of the motorbike; or

(b)a chain guard.

(2)A chain guard must cover the chain to a point—

(a)at least 300mm to the rear of the rearmost footrest; or

(b)above the centre of the rear drive sprocket.

Division 1.5.3           Additional requirements for public passenger vehicles that are light vehicles

1.60Public passenger vehicle must have fire-extinguisher

A public passenger vehicle that is a light vehicle (other than a motorbike) must—

(a)carry a type of fire-extinguisher that satisfies the minimum rating and classification requirements of extinguishers mentioned in AS 2444-2001 (Portable fire extinguishers and fire blankets—Selection and location) specified for the type of vehicle (a required fire extinguisher); and

NoteAS/NZS 1850:2009 (Portable fire extinguishers—Classification rating and performance testing) contains information about the meaning of minimum ratings and classification requirements used for fire extinguishers.

(b)carry at least as many required fire extinguishers as the minimum number of extinguishers mentioned in AS 2444‑2001 (Portable fire extinguishers and fire blankets—Selection and location) for the type of vehicle; and

(c)if the AS 2444-2001 (Portable fire extinguishers and fire blankets—Selection and location) mentions suitable areas for mounting an extinguisher in a vehicle—locate each required fire extinguisher in a way that complies with the standard.

Note 1A public passenger vehicle is a public bus, taxi, hire car or demand responsive service vehicle.

Note 2AS 2444-2001 does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 5A).  The standard may be purchased at extinguisher must be in proper working order

A fire extinguisher carried in a public passenger vehicle that is a light vehicle must be maintained to a standard that meets a performance test, mentioned in AS/NZS 1850:2009 (Portable fire extinguishers—Classification rating and performance testing), for the class of extinguisher.

NoteAS/NZS 1850:2009 does not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 5A).  The standard may be purchased at 1.6Vehicle marking

NoteThis part contains requirements for a light vehicle that help to identify the vehicle and, if the vehicle is unusually long, to warn other motorists.

1.62Vehicle and engine identification numbers 

(1)In this section:

number includes letter.

(2)A light motor vehicle must have an individual engine identification number clearly stamped, embossed or otherwise permanently marked on it.

(3)A light motor vehicle built after 1930 must have the engine identification number on its engine block or the main component of its engine. 

(4)A light vehicle must have an individual vehicle identification number clearly stamped, embossed or otherwise permanently marked on a substantial part of its frame or chassis.

(5)A vehicle or engine identification number must be located where a person can read it easily without having to use tools to remove a part of the vehicle that would otherwise obstruct the person’s view.

1.63Compliance plate to be attached to certain light motor vehicles

(1)This section applies to a light motor vehicle (other than a tractor, trailer or implement) registered for the first time after July 1972.

(2)The vehicle must have securely and prominently attached within the engine compartment, or another position approved by the road transport authority, a plate that—

(a)is approved by the motor vehicle certification board or the administrator of vehicle standards; and

(b)identifies the vehicle; and

(c)indicates that, at the time the plate was attached, the vehicle met the standards and procedures administered by the motor vehicle certification board or administrator of vehicle standards for that class of vehicle.

1.64White or silver band on certain light vehicles

(1)This section applies to a light vehicle that—

(a)is at least 2.2m wide; and

(b)has a body with a vertical measurement under 300mm at the rear, measured from the lowest point of the body above ground level to the highest point; and

(c)is not fitted with rear marking plates.

(2)For subsection (1) (a), the width of a light vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

(3)The vehicle must have a white or silver band at least 75mm high across the full width of the rearmost part of the body of the vehicle.

1.65Warning signs not to be displayed on light vehicles

A road train warning sign or long vehicle warning sign must not be displayed on a light vehicle unless the sign is required to be displayed on the vehicle under the Heavy Vehicle National Law (ACT).

Part 1.7Light vehicle configuration and dimensions

NoteThis part sets out various requirements covering the suspension on light vehicles and size limits for single light vehicles and light combinations, so that they can be operated safely with other traffic, without taking up too much road space or damaging the road and structures on the road.

Generally, the limits in this part apply to a vehicle and any load it may be carrying.

Particular requirements for loaded vehicles are covered by the Australian Road Rules.

Division 1.7.1           Axles

1.66Axle configuration 

(1)A light motor vehicle must have only—

(a)1 axle group, or single axle, towards the front of the vehicle; and

(b)1 axle group, or single axle, towards the rear of the vehicle.

(2)A light trailer must have only—

(a)1 axle group or single axle; or

(b)2 axle groups, 2 single axles, or 1 axle group and single axle, in the following configuration:

(i)1 axle group, or single axle, towards the front of the vehicle, with all the wheels on the axle group or single axle connected to the steering mechanism for that part of the trailer;

(ii)1 axle group, or single axle, towards the rear of the vehicle.

(3)A semitrailer that is a light trailer that is extendible, or is fitted with sliding axles, must—

(a)have a securing device that—

(i)can securely fix the extendible part or sliding axles to the rest of the vehicle in any position of adjustment provided; and

(ii)is located in a position that can prevent accidental or inadvertent release, if the device is mounted on the chassis of the vehicle; and

(iii)is fitted with a visible or audible warning system to indicate to a person standing beside the vehicle that the device is not engaged; and

(iv)is fitted with a way of preventing loss of air from the air brake supply, if the device uses air from the brake system and fails in a way allowing air to escape; and

(v)is held in the applied position by direct mechanical action without the intervention of an electric, hydraulic or pneumatic device; and

(b)be built so the adjustable parts of the vehicle remain connected if the securing device fails.

Division 1.7.2           Dimensions

1.67References to length etc—div 1.7.2 

In this division, a reference to the length, width or height of a vehicle or part of a vehicle is a reference to that dimension of the vehicle or part together with any load or equipment on the vehicle or part.

1.68Width 

(1)A light vehicle must not be over 2.5m wide.

(2)For subsection (1), the width of a vehicle is measured without taking into account any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

1.69Length of single light motor vehicles

A light motor vehicle must not be over 12.5m long.

1.70Length of single light trailers

(1)On a semitrailer that is a light trailer or dog trailer that is a light trailer—

(a)the distance between the point of articulation at the front of the trailer and the rear overhang line must not be over 9.5m; and

(b)the distance between the point of articulation at the front of the trailer and the rear of the trailer must not be over 12.3m.

(2)A projection forward of the point of articulation at the front of a semitrailer that is a light trailer must be contained within a radius of 1.9m from the point of articulation.

Maximum dimensions of a semitrailer

(3)If a semitrailer that is a light trailer has 2 or more points of articulation at the front of the trailer, it must comply with subsections (1) and (2) when measured at 1 of the points.

(4)A pig trailer that is a light trailer must not be longer than 12.5m.

(5)In this section:

pig trailer means a trailer that is not fitted with an axle group other than 1 non-steerable axle group.

1.71Length of light combinations

A light combination must not be over 19m long.

1.72Rear overhang

(1)The rear overhang of a semitrailer that is a light trailer, or dog trailer that is a light trailer consisting of a semitrailer and converter dolly, must not be over the lesser of—

(a)60% of the distance between the point of articulation at the front and the rear overhang line; and

(b)3.7m.

(2)A semitrailer that is a light trailer with 2 or more points of articulation at the front must comply with subsection (1) when measured at the same point used for measurement for compliance with section 1.70 (3).

(3)The rear overhang of a light trailer with only 1 axle group or single axle (other than a semitrailer) must not be over the lesser of—

(a)the length of the load carrying area, or body, ahead of the rear overhang line; and

(b)3.7m.

(4)The rear overhang of a light vehicle not mentioned in subsection (1) or (3) must not be over the lesser of—

(a)60% of the distance between the centre of the front axle and the rear overhang line; and

(b)3.7m.

1.73Trailer drawbar length

(1)The distance between the coupling pivot point on the drawbar of a dog trailer that is a light trailer, and the centre-line of the front axle group or of the front single axle of the trailer, must not be over 5m.

Length of a drawbar on a dog trailer

(2)The distance between the coupling pivot point on a drawbar, and the centre-line of the axle group or single axle on a light trailer with only 1 axle group or single axle (other than a semitrailer) must not be over 8.5m.

1.74Height  

A light vehicle must not be over 4.3m high.

1.75Ground clearance 

(1)In this section:

ground clearance, of a vehicle, means the minimum distance to the ground from a point on the underside of the vehicle, other than a point on a tyre, wheel, wheel hub, brake backing plate or flexible mudguard or mudflap of the vehicle.

(2)A light motor vehicle or light combination must have a ground clearance of—

(a)at least 100mm at any point within 1m of an axle; and

(b)at least 1/30 of the distance between the centres of adjacent axles at the midpoint between them; and

(c)at any other point—at least the distance that allows the vehicle or combination to pass over a peak in the road with a gradient on either side of 1:15, if the wheels of 1 axle of the vehicle or combination are on the slope on one side of the peak and the wheels of the next axle are on the slope on the other side.

(3)However, subsection (2) does not apply to—

(a)a light motor vehicle with less than 4 wheels; or

(b)a light combination that includes a light motor vehicle with less than 4 wheels.

Ground clearance at the midpoint between 2 axles

Ground clearance over a peak in the road

Part 1.8Lights and reflectors

NoteThis part deals with how the lights on a light vehicle must be fitted and work so that the driver can see the road, pedestrians and other vehicles at night, and can signal to others.  The Australian Road Rules provide for when certain lights must be switched on.

In this part, the description ‘yellow’ is used as a more modern term instead of the description ‘amber’, which is used in earlier legislation and some ADRs.

Division 1.8.1           General requirements for lights

1.76Certain requirements apply only at night 

The requirements of this part for a light, other than a brake or direction indicator light, to be visible over a stated distance apply only at night.

1.77Prevention of glare 

A light, other than a high-beam headlight, fitted to a light vehicle must be built and adjusted to provide the necessary amount of light, without dazzling the driver of another vehicle approaching, or being approached by, the vehicle.

1.78Pairs of lights 

(1)If lights are required under this schedule to be fitted to a light vehicle in pairs—

(a)a light must be fitted on each side of the longitudinal axis of the vehicle; and

(b)the centre of each light in a pair must be the same distance from the longitudinal axis of the vehicle; and

(c)the centre of each light in a pair must be at the same height above ground level; and

(d)each light in a pair must project approximately the same amount of light of the same colour.

(2)Subsection (1) applies to a motorbike with an attached sidecar as if the sidecar were not attached.

Division 1.8.2           Headlights

1.79Headlights to be fitted to light vehicles 

(1)A light motor vehicle must be fitted with—

(a)1 low-beam headlight if it is a moped, motorbike, or motortrike with 1 front wheel; or

(b)a pair of low-beam headlights if it has 4 or more wheels or is a motortrike, other than a moped, with 2 front wheels.

(2)If a light motor vehicle built after 1934 can travel at over 60km/h—

(a)each low-beam headlight mentioned in subsection (1) must be able to work in the high-beam position; or

(b)the vehicle must be fitted with—

(i)1 headlight that can work in the high-beam position if the vehicle is required to have 1 low-beam headlight; or

(ii)a pair of headlights that can work in the high-beam position.

(3)A motorbike may be equipped with a headlight modulation system that—

(a)varies the brightness of its high-beam headlight or low‑beam headlight, but not both, at a rate of at least 200 and at most 280 flashes a minute; and

(b)is designed to operate only in the daylight.

(4)Additional headlights may be fitted to a motorbike or motortrike, or a motor vehicle with 4 or more wheels that was built before 1970.

(5)Additional pairs of headlights may be fitted to a light motor vehicle with 4 or more wheels that was built after 1969.

1.80How headlights are to be fitted 

(1)The centres of low-beam headlights fitted as a pair on a light motor vehicle with 4 or more wheels must be at least 600mm apart.

(2)However, subsection (1) does not apply to a light motor vehicle built before 1970 if the centres of its low-beam headlights—

(a)were under 600mm apart when the vehicle was built; and

(b)are not nearer than they were when the vehicle was built.

(3)Each low-beam headlight of a pair on a motortrike (other than a moped) with 2 front wheels must not be over 400mm from the nearer side of the vehicle.

(4)The centre of a low-beam headlight fitted to a light motor vehicle built after June 1953 must be—

(a)at least 500mm above ground level; and

(b)not over 1.4m above ground level.

1.81How single headlights are to be fitted 

(1)A motorbike or motortrike with a single headlight fitted must have the light fitted in the centre.

(2)Subsection (1) applies to a motorbike with an attached sidecar as if the sidecar were not attached.

1.82How additional headlights are to be fitted 

If 2 or more additional headlights are fitted to a light motor vehicle with 4 or more wheels, the additional headlights must as far as possible be fitted in pairs.

1.83Performance of headlights 

(1)When on, a headlight, or additional headlight, fitted to a light vehicle must—

(a)show only white light; and

(b)project its main beam of light ahead of the vehicle.

(2)Headlights must be fitted to a light vehicle so their light does not reflect off the vehicle into the driver’s eyes.

1.84Effective range of headlights 

(1)This section applies to a headlight that is on at night.

(2)A low-beam headlight must illuminate the road ahead of the light vehicle for at least 25m.

(3)A high-beam headlight must illuminate the road ahead of the light vehicle for at least 50m.

(4)However, a low-beam headlight fitted to a light motor vehicle built before 1931, or a moped, need only illuminate the road ahead of the vehicle for 12m.

1.85Changing headlights from high-beam to low-beam position 

(1)A light motor vehicle built after 1934 that can travel at over 60km/h must be fitted with—

(a)a dipping device enabling the driver in the normal driving position—

(i)to change the headlights from the high-beam position to the low-beam position; or

(ii)simultaneously to switch off a high-beam headlight and switch on a low-beam headlight; and

(b)for a light vehicle built after June 1953—a device to indicate to the driver that the headlights are in the high-beam position.

(2)A headlight fitted to a light vehicle not fitted with a dipping device mentioned in subsection (1) (a) must operate in the low-beam position.

(3)When a headlight fitted to a light vehicle is switched to the low‑beam position, any other headlight on the vehicle must operate only in the low-beam position or be off.

Division 1.8.3           Parking lights

1.86Parking lights 

(1)A light motor vehicle built after June 1953 must be fitted with—

(a)a pair of parking lights if it is a motortrike with 2 front wheels (other than a moped) or a motor vehicle with 4 or more wheels; or

(b)at least 1 parking light if it is a motorbike with an attached sidecar, or a motortrike with 1 front wheel, (other than a moped).

(2)A pair of parking lights fitted to a light motor vehicle with 4 or more wheels must be fitted with the centre of each light—

(a)at least 600mm from the centre of the other light; and

(b)not over 510mm from the nearer side of the vehicle.

(3)However, a pair of parking lights fitted to a light motor vehicle under 1.3m wide may be fitted with the centre of each light not under 400mm from the centre of the other light.

(4)A parking light fitted to a motortrike with 2 front wheels must not be over 400mm from the nearer side of the vehicle.

(5)A parking light fitted to a motorbike with a sidecar must be fitted not over 150mm from the side of the sidecar furthest from the motorbike.

Location of parking lights on a vehicle

(6)When on, a parking light must—

(a)show a white or yellow light visible 200m from the front of the light vehicle; and

(b)not use over 7W.

(7)A parking light fitted to a light motor vehicle built after 1969 must be wired so the parking light is on when a headlight on the vehicle is on.

(8)A parking light fitted to a sidecar attached to a motorbike must be wired to operate when a headlight, tail-light or parking light on the motorbike is on.

(9)For subsection (3), the width of a light vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

Division 1.8.4           Daytime running lights

1.87Daytime running lights  

(1)A pair of daytime running lights may be fitted to a light motor vehicle.

(2)A pair of daytime running lights fitted to a light vehicle with 4 or more wheels must be fitted with the centre of each light—

(a)at least 600mm from the centre of the other light; and

(b)not over 510mm from the nearer side of the vehicle.

(3)However, a pair of daytime running lights fitted to a light motor vehicle under 1.3m wide may be fitted with the centre of each light not under 400mm from the centre of the other light.

Location of daytime running lights on a vehicle

(4)When on, a daytime running light must—

(a)show a white or yellow light visible from the front of the vehicle; and

(b)not use over 25W.

NoteThe 3rd edition ADRs only allow white daytime running lights.

(5)Daytime running lights must be wired so they are off when a headlight, other than a headlight being used as a flashing signal, is on.

(6)For subsection (3), the width of a light vehicle is measured disregarding any anti-skid device mounted on wheels, central tyre inflation systems, lights, mirrors, reflectors, signalling devices and tyre pressure gauges.

Division 1.8.5           Tail-lights

(b)1.1m/s2 when the emergency brake is applied.

(6)The braking system of a light motor vehicle or light combination with a gross mass under 2.5t must achieve a peak deceleration of the vehicle or combination, from any speed at which the vehicle or combination can travel, of at least—

(a)5.8m/s2 when the service brake is applied; and

(b)1.9m/s2 when the emergency brake is applied.

(7)The braking system of a light motor vehicle or light combination with a gross mass of at least 2.5t must achieve a peak deceleration of the vehicle or combination, from any speed at which the vehicle or combination can travel, of at least—

(a)4.4m/s2 when the service brake is applied; and

(b)1.5m/s2 when the emergency brake is applied.

(8)The parking brake of a light vehicle or light 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.

Division 1.9.2           Motor vehicle braking systems

1.133What braking system a light motor vehicle must have 

(1)In this section:

independent brake, for a light vehicle, means a brake that is operated entirely separately from any other brake on the vehicle, except for any drum, disc or part, on which a shoe, band or friction pad makes contact, that is common to 2 or more brakes.

(2)A light motor vehicle with 4 or more wheels built, or used, mainly for transporting goods or people by road must be fitted with—

(a)a braking system that—

(i)consists of brakes fitted to all wheels of the vehicle; and

(ii)has at least 2 separate methods of activation, arranged so effective braking remains on at least 2 wheels if a method fails; or

(b)2 independent brakes, each of which, when in operation, acts directly on at least half the number of wheels of the vehicle.

(3)The braking system of a light motor vehicle mentioned in subsection (2) that was built after 1945 must have a service brake operating on all wheels that, when applied—

(a)acts directly on the wheels and not through the vehicle’s transmission; or

(b)acts on a shaft between a differential of the vehicle and a wheel.

(4)The braking system of a light motor vehicle with 4 or more wheels must have a parking brake that—

(a)is held in the applied position by direct mechanical action without the intervention of an electrical, hydraulic or pneumatic device; and

(b)is fitted with a locking device that can hold the brake in the applied position; and

(c)has its own separate control.

(5)The parking brake may also be the emergency brake.

(6)If 2 or more independent brakes are fitted to a light motor vehicle with 4 or more wheels, the brakes must be arranged so brakes are applied to all the wheels on at least 1 axle of the vehicle when any brake is operated.

(7)A motorbike or motortrike must be fitted with—

(a)2 independent brakes; or

(b)a single brake that acts directly on all wheels of the vehicle and is arranged so effective braking remains on at least 1 wheel if a part of the system fails.

(8)Subsection (7) applies to a motorbike with a sidecar attached as if the sidecar were not attached.

(9)A motortrike must have a parking brake that is held in the applied position by mechanical means.

1.134Operation of brakes on light motor vehicles 

The braking system on a light motor vehicle must be arranged to allow the driver of the vehicle to apply the brakes from a normal driving position.

1.135Air or vacuum brakes on light motor vehicles 

(1)If a light motor vehicle has air brakes, the braking system of the vehicle must include at least 1 air storage tank.

(2)If a light motor vehicle has vacuum brakes, the braking system of the vehicle must include at least 1 vacuum storage tank.

(3)An air or vacuum storage tank must be built so the service brake can be applied to meet the performance standards of section 1.132 at least twice if the engine of the vehicle stops or the source of air or vacuum fails.

(4)An air or vacuum storage system must—

(a)be built to give a visible or audible warning to the driver, while in a normal driving position, of a lack of air or vacuum that would prevent the service brake from being applied to meet the performance standards of section 1.132 at least twice; and

(b)be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks.

(5)However, subsection (4) (a) does not apply to a light vehicle that is fitted with an air or vacuum assisted braking system.

(6)If air or vacuum brakes are fitted to a light motor vehicle equipped to tow a light trailer, the brakes of the vehicle must be able to stop the vehicle, at the performance standards for emergency brakes under section 1.132 if the trailer breaks away.

Division 1.9.3           Trailer braking systems

1.136What brakes a light trailer must have 

(1)A light trailer with a GTM over 750kg must have brakes that operate on at least 1 wheel at each end of 1 or more axles of the trailer.

(2)A semitrailer or converter dolly with a GTM over 2t that is a light trailer must have brakes that operate on all its wheels.

1.137Operation of brakes on light trailers 

(1)The braking system of a light trailer with a GTM over 2t must allow the driver of a light motor vehicle towing the trailer to operate the brakes from a normal driving position.

(2)The brakes on a light trailer with a GTM over 2t must—

(a)operate automatically and quickly if the trailer breaks away from the towing vehicle; and

(b)remain in operation for at least 15 minutes after a breakaway; and

(c)be able to hold the trailer on a 12% grade while in operation after a breakaway.

1.138Air or vacuum brakes on light trailers 

(1)If a light trailer has air brakes, its braking system must include at least 1 air storage tank.

(2)If a light trailer has vacuum brakes, its braking system must include at least 1 vacuum storage tank.

(3)An air or vacuum storage system must—

(a)be built to give a visible or audible warning to the driver of the towing vehicle, while in a normal driving position, of a lack of air or vacuum that would prevent the brakes from meeting the performance standards of section 1.132; and

(b)be safeguarded by a check valve or other device against loss of air or vacuum if the supply fails or leaks.

(4)Subsections (1), (2) and (3) do not apply to a light trailer with a GTM of 2t or less.

Part 1.10Control of emissions

NoteThis part sets out requirements to ensure that light motor vehicles do not emit too much smoke or noise and that exhaust gases cannot enter the passenger compartment of a vehicle.

Division 1.10.1        Crankcase gases and exhaust emissions

1.139Crankcase gases––certain petrol-powered light vehicles 

(1)This section applies to a light motor vehicle with 4 or more wheels that is powered by a petrol engine and was built after 1971.

(2)The vehicle must be built to prevent, or fitted with equipment that prevents, crankcase gases from escaping to the atmosphere.

1.140Visible exhaust emissions––light vehicles with internal combustion engines 

(1)This section applies to a light motor vehicle that is propelled by an internal-combustion engine and was built after 1930.

(2)The vehicle must not emit excessive visible emissions for a continuous period of at least 10 seconds.

(3)However, this section does not apply to emissions that are visible only because of heat or the condensation of water vapour.

(4)In this section:

excessive, for visible emissions, means any concentration of smoke more than a colouration that results in a just perceptible colouration of the exhaust.

1.141Exhaust emissions––diesel-powered vehicles 

(1)This section applies to light vehicles––

(a)powered by diesel engines; and

(b)meeting the criteria for an M-category or N-category vehicle under the ADRs.

(2)When a light vehicle is subjected to a DT80 test––

(a)the vehicle must not emit oxides of nitrogen (NOx) at a rate (measured in grams of NOx emitted per kilometre travelled per tonne of the vehicle’s test mass) greater than that specified for the vehicle according to its GVM rating and age in table 1.141.1; and

(b)the vehicle must not emit particles at a rate (measured in grams of particles emitted per kilometre travelled per tonne of the vehicle’s test mass) greater than that specified for the vehicle according to its GVM rating and age in table 1.141.2; and

(c)the opacity of the exhaust gas emitted by the vehicle must not be greater than 25% (averaged over the DT 80 test).

Table 1.141.1

column 1

item

column 2

vehicle’s GVM rating (t)

Rate of NOx emissions (g/km/t)

column 3

vehicle manufactured in December 1995 or earlier

column 4

vehicle manufactured in January 1996 or later

1 not greater than 3.5 1.5 1.5
2 more than 3.5 but not greater than 4.5 2.0 2.0

Table 1.141.2

column 1

item

column 2

vehicle’s GVM rating (t)

Rate of particle emission (g/km/t)

column 3

vehicle manufactured in December 1995 or earlier

column 4

vehicle manufactured in January 1996 or later

1 not greater than 3.5 0.23 0.23
2 more than 3.5 but not greater than 4.5 0.23 0.15

(3)For subsection (2), a light vehicle is taken to have been manufactured in the month shown on its compliance plate (that is, the plate, of the kind referred to in the Motor Vehicle Standards Act 1989 (Cwlth), section 10A, affixed or taken to be affixed to the vehicle) as its month of manufacture.

(4)In this section––

DT80 test means a test carried out—

(a)in accordance with the procedure set out in part 1.14; and

(b)at a test facility that is recognised, or meets the requirements for recognition, by the Australian Taxation Office for the purposes of the fuel tax credit system under the Fuel Tax Act 2006 (Cwlth).

NoteA test facility that is registered by the Commonwealth Department of Infrastructure and Transport as a DT80 test facility will be recognised by the Tax Office for the purposes of the fuel tax credit.

vehicle test mass for a light vehicle means––

(a)if the vehicle is a prime mover––half the sum of its tare mass and its GCM; or

(b)in any other case––half the sum of its tare mass and its GVM.

NoteThe vehicle test mass is the load applied to the dynamometer, while the vehicle is under test, to simulate half-payload operation.

Division 1.10.2        Exhaust systems

1.142Exhaust systems  

(1)The outlet of the exhaust system fitted to a light motor vehicle (other than a bus) must extend—

(a)behind the back seat; and

(b)at least 40mm beyond the outermost joint of the floor pan that is not continuously welded or permanently sealed; and

(c)to the edge of the vehicle, if—

(i)the body of the vehicle is permanently enclosed; and

(ii)the vehicle is not fitted with a vertical exhaust system; and

(d)no further than the edge of the vehicle at its widest point.

(2)The outlet must discharge the main exhaust flow to the air—

(a)if the vehicle is fitted with an exhaust system with a vertical outlet pipe—

(i)at an angle above the horizontal; and

(ii)at least 150mm above the cab of the vehicle; and

(iii)rearwards or to the right of the vehicle; and

(b)in any other case—

(i)horizontally or at an angle of not over 45° downwards; and

(ii)under 750mm above ground level; and

(iii)rearwards or to the right of the vehicle.

(3)The outlet of the exhaust system fitted to a bus that is a light vehicle must discharge the main exhaust flow to the air—

(a)if the bus is fitted with an exhaust system with a vertical outlet pipe—

(i)behind the passenger compartment; and

(ii)at an angle above the horizontal; and

(iii)upwards or rearwards; and

(b)in any other case—

(i)horizontally or at an angle of not over 45° downwards; and

(ii)rearwards or to the right of the vehicle.

Bus exhaust outlet pipe

Division 1.10.3        Noise emissions

Subdivision 1.10.3.1  General

1.143Measurement 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.

NoteThe National Stationary Exhaust Noise Test Procedures for In-Service Motor Vehicles––September 2006 does not need to be notified under the Legislation Act because s 47 (5) does not apply (see Legislation Act, s 47 (7)). The procedure is accessible at this section:

Commission means the National Transport Commission established by the National Transport Commission Act 2003 (Cwlth).

1.144Meaning of certified to ADR 83/00—div 1.10.3 

For this division, a vehicle is certified to ADR 83/00 if approval has been given, under the Motor Vehicle Standards Act 1989 (Cwlth), section 10A, to place identification plates showing compliance with ADR 83/00 on vehicles of that type.

1.145Silencing device for exhaust systems   

A light motor vehicle propelled by an internal-combustion engine must be fitted with a silencing device through which all the exhaust from the engine passes.

Subdivision 1.10.3.2  Noise levels applying to vehicles not certified to ADR 83/00 or later ADR

1.146Application—subdivision 1.10.3.2  

This subdivision applies to a light motor vehicle that is not certified to—

(a)ADR 83/00; or

(b)an ADR made after ADR 83/00 that relates to limits on external noise produced by motor vehicles.

1.147Stationary noise levels—car-type vehicles and motorbikes and motortrikes  

(1)In this section:

car-type vehicle means—

(a)    a car; or

(b)    a utility truck, panel van, or another motor vehicle derived from a car design; or

(c)    another motor vehicle with 4 or more wheels that is built mainly to carry not over 9 people including the driver.

(2)The stationary noise level of a car-type vehicle, or motorbike or motortrike, must not exceed—

(a)for a car-type vehicle built after 1982—90dB(A); or

(b)for another car-type vehicle—96dB(A); or

(c)for a motorbike or motortrike built after February 1985—94dB(A); or

(d)for another motorbike or motortrike—100dB(A).

1.148Stationary noise levels—other light vehicles with


spark-ignition engines  

(1)This section applies to a light motor vehicle (other than a light motor vehicle to which section 1.147 applies) with a spark-ignition engine.

(2)The stationary noise level of the motor vehicle must not exceed the noise level applying to the vehicle under table 1.148.

Table 1.148

column 1

item

column 2

GVM (t)

column 3

exhaust height (mm)

column 4

when vehicle built

column 5

noise level (dB(A))

1 not greater than 3.5 less  than 1500 before July 1983 92
after June 1983 89
2 greater than 3.5 but not greater than 4.5 less  than 1500 before July 1983 98
after June 1983 95
3 not greater than 3.5 greater than 1500 before July 1983 88
after June 1983 85
4 greater than 3.5 but not greater than 4.5 1500 or greater than 1500 before July 1983 94
after June 1983 91

1.149Stationary noise levels—other light vehicles with diesel engines  

(1)This section applies to a light motor vehicle (other than a light motor vehicle to which section 1.147 applies) with a diesel engine.

(2)The stationary noise level of the motor vehicle must not exceed the noise level applying to the vehicle under table 1.149.

Table 1.149

column 1 item

column 2 GVM

(t)

column 3 exhaust height
(mm)
column 4
when vehicle built
column 5
noise level
(dB(A))
1 not greater than 3.5 less  than 1500 before July 1980 105

after June 1980

but before July 1983

102
after June 1983 99
2 greater than 3.5 less  than 1500 before July 1980 107

but

not greater than 4.5

after June 1980

but before July 1983

104
after June 1983 101
3 not greater than  3.5 1500 or greater than 1500 before July 1980 101

after June 1980

but before July 1983

98
after June 1983 95
4 greater than 3.5 1500 or greater than 1500 before July 1980 103

but

not greater than 4.5

after June 1980

but before July 1983

100
after June 1983 97

Subdivision 1.10.3.3  Noise levels applying to light vehicles certified to ADR 83/00

1.150Stationary noise levels  

The stationary noise level of a light motor vehicle that is certified to ADR 83/00 must not exceed, by more than 5dB(A), the noise level that is established for the motor vehicle when it is certified.

Part 1.11Alternative fuel systems and unleaded petrol light motor vehicles

NoteThis part sets out requirements to ensure that LPG (Liquid Petroleum Gas) and CNG (Compressed Natural Gas) fuel systems are safely installed in light 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.  It also requires unleaded petrol motor vehicles to be fuelled with unleaded petrol.

1.151LPG-powered light vehicles  

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

(2)A light 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 AS 1425 that was current at the time the system was installed in the vehicle.

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

(a)that is made of durable material; and

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

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

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

NoteAS 1425, AS 1743 and AS 1906 do not need to be notified under the Legislation Act because s 47 (5) does not apply (see s 5A).  The standards may be purchased at vehicles powered by natural gas  

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

Examples

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

Note 1An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 2AS 2739 does not need to be notified under the Legislation Act because s 47 (5) does not apply (see Legislation Act, s 47 (7)). The standard may be purchased at

1.153Unleaded petrol motor light vehicles  

An unleaded petrol light motor vehicle does not comply with this schedule if it is fuelled with leaded petrol in contravention of the Environment Protection Act 1997.

Part 1.12Mechanical connections between vehicles

NoteThis part sets out various requirements to ensure that the couplings used when operating light motor vehicles and light trailers in combinations are strong enough to hold them together.

1.154General coupling requirements  

(1)A fifth wheel coupling, the mating parts of a coupling, a kingpin or a tow bar must not be used for a load more than the manufacturer’s load rating.

(2)A kingpin must be used only with a fifth wheel coupling that has a corresponding jaw size.

Example

An adaptor must not to be used to fit a kingpin to a fifth wheel coupling.

NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3)The mating parts of a coupling used to connect a semitrailer to a towing vehicle must not allow the semitrailer to roll to an extent that makes the towing vehicle unstable.

1.155Drawbar couplings  

(1)A coupling for attaching a light trailer, other than a semitrailer or pole-type trailer, to a towing vehicle must be built and fitted so—

(a)the coupling is equipped with a positive locking mechanism; and

(b)the positive locking mechanism can be released regardless of the angle of the trailer to the towing vehicle.

(2)If the trailer is in a combination and is not fitted with breakaway brakes in accordance with section 1.137 (2), it must be connected to the towing vehicle by at least 1 chain, cable or other flexible device, as well as the coupling required by subsection (1).

(3)The safety connection must be as short as practicable and be built and fitted so—

(a)it is not apt to accidental disconnection but is readily detachable from the towing vehicle; and

(b)it allows normal angular movements of the coupling without unnecessary slack; and

(c)it will prevent the forward end of the drawbar from striking the ground if the coupling is accidentally disconnected; and

(d)if it consists of more than 1 chain or wire rope—the chains or wire ropes are in a crossed-over position.

(4)Any chain or wire rope in the safety connection must—

(a)if a chain—be of welded iron links; and

(b)if a wire rope—have a strength at least that of a chain of the same diameter; and

(c)be of a size mentioned in table 1.155.

Table 1.155

column 1

item

column 2

aggregate trailer mass

column 3

minimum size of chain or wire rope

1 up to 1t 6.3mm diameter
2 over 1t but not over 1.6t 8mm diameter
3 over 1.6t but not over 2.5t 10mm diameter
4 over 2.5t 7.1mm diameter

(5)For a total trailer mass over 2.5t, at least 2 chains or wire ropes must be used.

(6)In this section:

aggregate trailer mass means the total mass of the laden trailer when carrying the maximum load recommended by the manufacturer, including, for a trailer forming part of a combination, any mass imposed on the drawing vehicle when the combination is resting on a horizontal supporting plane.

Part 1.13Other matters

1.156Light vehicle equipment  

A light vehicle is taken to have equipment mentioned in this schedule only if the equipment is in working order.

1.157Restored light vehicles  

(1)For this schedule, a restored light vehicle is taken to have been built when it was originally built and not when it was restored.

(2)In this section:

restored light vehicle means a light vehicle that is being, or has been, restored to its manufacturer’s specifications, so far as it is practicable to meet the specifications.

1.158Retractable axles 

(1)For this schedule, a retractable axle is taken to be an axle only when it is in the lowered position.

(2)In this section:

retractable axle means an axle in an axle group with a means of adjustment enabling it to be raised or lowered in relation to the other axles in the axle group.

1.159Measurement of distance between parallel lines  

For this schedule, a distance between 2 parallel lines is measured at right angles between the lines.

1.160Interpretation of certain 2nd edition ADRs  

The words ‘left’ and ‘right’ in the following 2nd edition ADRs have the opposite meaning in the application of the ADRs, in accordance with this schedule, to a light motor vehicle with a left-hand drive—

·     ADR 8 Safety Glass

·     ADR 12 Glare Reduction in Field of View

·     ADR 14 Rear-vision Mirrors

·     ADR 16 Windscreen-wipers and Washers

·     ADRs 18 and 18A Location and Visibility of Instruments

·     ADRs 35 and 35A Commercial Vehicle Braking Systems.

NoteTable 1.160 contains a list of some terms used in the 3rd edition ADRs and the corresponding term used in this schedule.

Table 1.160

column 1

item

column 2

3rd edition ADRs

column 3

this schedule

1 dipped-beam headlamp low-beam (for a headlight)
2 front fog lamp front fog light
3 rear fog lamp rear fog light
4 wheelguard mudguard
5 main-beam headlamp high-beam (for a headlight)
6 reversing lamp reversing light
7 direction indicator lamp direction indicator light
8 stop lamp brakelight
9 rear registration plate lamp numberplate light
10 front position (side) lamp parking light
11 rear position (side) lamp tail-light
12 end-outline marker lamp front or rear clearance light
13 external cabin lamp external cabin light
14 internal lamp interior light
15 side marker lamp side marker light
16 daytime running lamp daytime running light
17 rear reflex reflector, non‑triangular rear reflector
18 front reflex reflector, non-triangular front reflector
19 side reflex reflector, non-triangular side reflector

Part 1.14DT80 transient test procedure for testing of diesel-fuelled vehicle exhaust emissions

DT80 test procedure

This procedure states the requirements for the testing of diesel‑fuelled vehicle exhaust emissions mentioned in section 1.141 (4), definition of DT80 test.

Procedure

1Secure the vehicle on the dynamometer.

2Set the dynamometer to simulate the correct load and inertia for the vehicle.

3Start sampling.

4Idle for 60 seconds.

5Accelerate rapidly to 80km/h 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 80km/h 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 80km/h under simulated inertia using wide open throttle, making gear changes as required for smooth acceleration.

12Maintain speed at 80km/h for 60 seconds, then stop sampling. Bring the vehicle to rest.

NoteExplanation 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 80km/h 3 times

·     maintain speed at 80km/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 80km/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.

  1. Dictionary, note 2

    insert

    ·     night

  2. Dictionary, definition of 2nd edition ADR

    omit

    1.14

    substitute

    1.13

  3. Dictionary, definition of 3rd edition ADR

    omit

    1.15

    substitute

    1.14

  4. Dictionary, definitions of 50mm kingpin, 75mm kingpin and 90mm kingpin

    omit

  5. Dictionary, definition of adopted standard

    omit

    1.22

    substitute

    1.21

  6. Dictionary, definition of ADRAustralian Design Rule (or )

    substitute

    ADR (or Australian Design Rule)—see schedule 1 (Light vehicle standards), section 1.10.

  7. Dictionary, definitions of articulated bus and B-double

    omit

  8. Dictionary, definition of centre-line, diagrams

    substitute

    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

  9. Dictionary, definition ofcertified to ADR 83/00

    omit

    1.156B

    substitute

    1.144

  10. Dictionary, definition ofcompliance plate

    substitute

    compliance plate means a plate mentioned in schedule 1 (Light vehicle standards), section 1.63 (Compliance plate to be attached to certain light motor vehicles).

  11. Dictionary, definition of controlled access bus

    omit

  12. Dictionary, definition of dog trailer, diagram

    substitute

    Dog trailer

  13. Dictionary, definition of D-value

    omit

  14. Dictionary, new definitions

    insert

    light combination means a combination of only light vehicles.

    light motor vehicle means a motor vehicle that is a light vehicle.

    light trailer means a trailer that is a light vehicle.

  15. Dictionary, definition of national standard

    substitute

    national standard—see schedule 1 (Light vehicle standards), section 1.11 and section 1.12.

  16. Dictionary, definition of night

    omit

  17. Dictionary, definition of operator, paragraph (a)

    omit

    motor vehicle or trailer

    substitute

    light vehicle

  18. Dictionary, definition of point of articulation, diagrams

    substitute

    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

  19. Dictionary, definition of pole-type trailer, diagram

    substitute

    Pole-type trailer

  20. Dictionary, definition of quad axle group

    omit

  21. Dictionary, definition of rear overhang line, diagrams

    substitute

    Rear overhang and rear overhang line—motor vehicle

    Rear overhang and rear overhang line—semitrailer

  22. Dictionary

    omit the definitions of

    road tank vehicle

    road train

    total loss

    traffic offence detection device

    twinsteer axle group

Endnotes

  1. Notification

    Notified under the Legislation Act on 7 February 2014.

  2. Republications of amended laws

    For the latest republication of amended laws, see align="center">© Australian Capital Territory 2014

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