Untitled document

Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2013

S.R. No. 133/2013

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Definition

5Revocation of regulations 32, 33, 34 and 37

6Savings provision

277Savings provision—fees for certification of compliant system of electronic stability control

7Amendment to Schedule 2

8Amendment to Schedule 5

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ENDNOTES

STATUTORY RULES 2013

S.R. No. 133/2013

Road Safety Act 1986

Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2013

The Governor in Council makes the following Regulations:

Dated: 29 October 2013

Responsible Minister:

TERRY MULDER
Minister for Roads

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 2009 to ensure that the requirements of Schedule 2 relating to the fitting of electronic stability control in certain vehicles do not apply to vehicles manufactured from 1 November 2013.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

These Regulations come into operation on 1 November 2013.

4Definition

In regulation 5 of the Road Safety (Vehicles) Regulations 2009[1], in the definition of compliant system of electronic stability control—

(a)in paragraph (b), for "33;" substitute "33 as in force before 1 November 2013; or";

(b)after paragraph (b) insert—

"(c)complies with ADR 31/02 or ADR 35/03;".

5Revocation of regulations 32, 33, 34 and 37

Regulations 32, 33, 34 and 37 of the Road Safety (Vehicles) Regulations 2009 are revoked.

6Savings provision

After regulation 276 of the Road Safety (Vehicles) Regulations 2009, insert—

"277   Savings provision—fees for certification of compliant system of electronic stability control

The fee prescribed under regulation 34(3)(b)(iii), as in force immediately before the commencement of the Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2013, may be charged after that commencement if—

(a)the application for certification under that regulation was made before 1 November 2013; and

(b)the compliant system of electronic stability control for a vehicle or model of vehicle was certified under regulation 32, as in force immediately before the commencement of the Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2013.".

7Amendment to Schedule 2

(1)For clause 175(1)(b) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009 substitute—

"(b)that was manufactured on or after 1 January 2011 and before 1 November 2013—".

(2)At the foot of clause 175(1) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, insert—

"Note

Vehicles referred to in this clause that are manufactured on or after 1 November 2013 are required to be fitted with electronic stability control under the third edition ADR 31/02 or third edition ADR 35/03".

(3)In clause 175(2)(d) of Schedule 2 to the Road Safety (Vehicles) Regulations 2009, after "37" insert "as in force before 1 November 2013".

8Amendment to Schedule 5

Item 6 of Schedule 5 to the Road Safety (Vehicles) Regulations 2009 is revoked.

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ENDNOTES

[1] Reg. 4: S.R. No. 118/2009.  Reprint No. 1 as at August 2013.  Reprinted to S.R. No. 87/2013.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 4 which amends the definition of compliant system of electronic stability control in regulation 5	Third edition ADR 31/02 Third edition ADR 35/03	The whole The whole