Vehicle and Traffic (Vehicle Standards) Regulations 2001
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .15 October 2001
G. S. M. Green
Governor
By His Excellency’s Command,
P. A. Lennon
Minister for Infrastructure, Energy and Resources
PART 1IntroductoryDivision 1Short title and commencement1Short title (1) These regulations may be cited as the Vehicle and Traffic (Vehicle Standards) Regulations 2001 . (2) Subregulation (1) is qualified by regulation 3 . 2CommencementThese regulations take effect on the day on which the Vehicle and Traffic Amendment (Vehicle Standards) Act 2001 commences. Division 2Vehicle standards and offences3Vehicle StandardsThese regulations – (a) prescribe vehicle standards for Tasmania; and (b) are referred to, collectively, within these regulations as the Vehicle Standards; and (c) may, despite regulation 1(1) , be referred to for any other purpose as the Vehicle Standards in addition to, or instead of, the name provided for under that regulation. | Note The Vehicle Standards set standards that vehicles must comply with to be driven on public streets. |
| The Australian Design Rules (ADRs) - see Division 1 of Part 3 - 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. |
| Those matters are covered by the Vehicle Standards and dimension limits for vehicles are set out in the Vehicle and Traffic (Vehicle Operations) Regulations 2001 . |
| In most cases, if a vehicle complies with the Vehicle Standards and the Vehicle and Traffic (Vehicle Operations) Regulations 2001 it is suitable for use on public streets. |
4Vehicle Standards offences (1) Except as provided by this regulation, a person must not use, or cause or permit the use of, a vehicle or combination on a public street unless – (a) the vehicle or combination complies with each provision of the Vehicle Standards applying to the vehicle or combination; and (b) the vehicle or combination, and each part of the vehicle or combination and its equipment, is in a safe and roadworthy condition; and (c) each light, reflector, sign, writing, colouring or band required to be fitted, lit or displayed on the vehicle or combination under the Vehicle Standards is clean and unobscured. Penalty: Fine not exceeding 20 penalty units.
(2) Subregulation (1)(a) does not apply to a vehicle or combination if – (a) it is used on a public street under one of the following authorisations: (i) a permit issued by the Commission or Registrar, either singly or jointly, under regulation 3 of the Traffic (Vehicle Loads and Dimensions) Regulations 1975 ; (ii) a short term unregistered vehicle permit issued under the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 ; (iii) a conditional registration under the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2000 ; (iv) an exemption under section 28 or 29 of the Vehicle and Traffic Act 1999 ; (v) an exemption, approval or determination issued by the Registrar under the Vehicle and Traffic Act 1999 ; and (b) the authorisation excuses or has the effect of excusing the vehicle or combination from having to comply with the applicable provision of the Vehicle Standards; and (c) the vehicle or combination is being used in accordance with the authorisation. (3) Subregulation (1)(a) does not apply to or in relation to the failure of a motor vehicle’s emission control system to comply with applicable provisions of the Vehicle Standards if, despite the non-compliance, the system is continuing to operate essentially in accordance with its original design. (4) It is a defence in proceedings under subregulation (1)(a) to show that, at the relevant time, the vehicle or combination failing to comply with an applicable provision of the Vehicle Standards was – (a) being repaired, or being tested in the course of being repaired, so that it would comply with the Vehicle Standards; and (b) not endangering its occupants or other road users while being so repaired or tested. Division 3Some features of the Vehicle Standards5Definitions and the dictionary (1) The dictionary in Part 16 defines certain words and expressions, and includes signpost definitions to words and expressions defined elsewhere in the Vehicle Standards. (2) A definition in the Vehicle Standards applies to each use of the word or expression in the standards, unless the contrary intention appears. 6Diagrams (1) A diagram in the Vehicle Standards is part of the standards. (2) A diagram of something, except the essential diagram in regulation 152 , is an illustrative example of the thing in black and white, but does not represent its dimensions or the dimensions of any part of it. Note The essential diagram in regulation 152 provides the dimensions required for a 75 millimetre kingpin used in a B-double. |
7NotesA note in the Vehicle Standards is explanatory and is not part of the standards. 8Examples (1) An example, whether or not in the form of a diagram, in the Vehicle Standards is part of the standards. (2) If the Vehicle Standards includes an example of the operation of a provision of the standards – (a) the example is not exhaustive; and (b) the example does not limit, and may extend, the meaning of the provision; and (c) the example and the provision are to be read in the context of each other and of the other provisions of the standards, but, if the example and the provision as so read are inconsistent, the provision prevails. PART 2Application of the Vehicle Standards9Application to vehicles and combinations on public streetsThe Vehicle Standards apply to motor vehicles, trailers and combinations on public streets. 10Vehicles to which the Vehicle Standards do not applyThe Vehicle Standards do not apply to a vehicle designed to be controlled by a person walking next to it. Note Also, the Vehicle Standards do not apply to vehicles that are specifically excluded from the definitions of "motor vehicle" and "trailer" in section 3(1) of the Vehicle and Traffic Act 1999 . |
11Non-application of Vehicle Standards: exemption under other laws (1) A provision of the Vehicle Standards does not apply to a vehicle or combination if the vehicle or combination is exempt from – (a) the provision under another law of this jurisdiction; 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. 12Non-application of Vehicle Standards: inconsistent ADR requirementsA provision of Parts 5 to 14 of the Vehicle Standards does not apply to a vehicle if – (a) the provision is inconsistent with a requirement of a second or third edition ADR applying to the vehicle; and (b) the vehicle complies with the requirement. 13Non-application of Vehicle Standards: Motor Vehicle Standards Act approvalsA provision of Parts 5 to 14 of the Vehicle Standards does not apply to a vehicle if – (a) the vehicle does not comply with a requirement of an ADR applying to the vehicle; and (b) the provision of the standards corresponds to the requirement of the ADR; and (c) despite the non-compliance, approval has been given, under section 10A(2) or (3) of the Motor Vehicle Standards Act 1989 of the Commonwealth, to place identification plates on vehicles of that type; and (d) the vehicle complies with the approval conditions, if any. | Note 1 Section 10A(2) of the Motor Vehicle Standards Act 1989 of the Commonwealth deals with vehicles that do not comply with an ADR, but the non-compliance is only in minor and inconsequential respects. |
| Note 2 Section 10A(3) of that Act deals with vehicles that do not comply with an ADR, and the non-compliance is not minor and inconsequential, but the vehicle will be safe to use if conditions are complied with. |
PART 3Australian Design Rules Note 1This Part applies the second and third edition ADRs to various vehicles. Note 2Under this 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 is 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. Note 3Vehicles that are modified must continue to comply with the Vehicle Standards. Modifications to a heavy vehicle must be undertaken in accordance with Vehicle Standards Bulletin 6 (VSB 6). For guidelines for modifications to light vehicles, see Vehicle Standards Bulletin 14 (VSB 14). Note 4The following provisions of the Vehicle Standards extend the application of particular second or third edition ADRs to vehicles to which the ADRs are not expressed to apply: regulation 125 (braking system design for prime movers in B-doubles) regulation 126 (braking system design for trailers in B-doubles) regulation 143 (speed limiting) Note 5The following provisions of the Vehicle Standards apply to a vehicle instead of the corresponding ADR requirement: regulation 45(5) (window tinting) regulations 52 and 53 (tyre speed category requirements) regulation 105 (warning lights and signs on buses carrying schoolchildren) regulation 108(4) (display of certain lights and reflectors) Division 1Interpretation14What is an ADRAn ADR (Australian Design Rule) is a national standard. 15What is a national standardA national standard is a national standard under the Motor Vehicle Standards Act 1989 of the Commonwealth. 16References to national standardsUnless the contrary intention appears, a reference in the Vehicle Standards to a national standard is a reference to the national standard as in force from time to time. 17What is a second edition ADRA second 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. 18What is a third edition ADRA third 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 Commonwealth Department of Transport and Regional Development. Division 2Compliance with ADRs19Compliance with second edition ADRs (1) If a second 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 second 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 second edition ADR if – (a) the recommendation or requirement is replaced by, or is inconsistent with, a requirement of a third edition ADR applying to the vehicle or equipment; and (b) the vehicle or equipment complies with the requirement of the third edition ADR. (4) If a second 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. 20Compliance with third edition ADRs (1) If a third edition ADR applies to the design and construction of a vehicle, the vehicle must comply with the ADR. (2) If a third 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 third 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 third 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. 21Exception to compliance with ADRs: vehicles that are not road vehiclesA vehicle need not comply with an ADR applied by regulation 19(1) or regulation 20(1) if a determination or declaration under section 5B of the Motor Vehicle Standards Act 1989 of the Commonwealth provides that the vehicle is not a road vehicle for that Act. 22Exception to compliance with ADRs: Motor Vehicle Standards Act (1) A vehicle need not comply with an ADR applied by regulation 19(1) or regulation 20(1) if – (a) despite non-compliance with the ADR, approval has been given, under section 10A(2) or (3) of the Motor Vehicle Standards Act 1989 of the Commonwealth, to place identification plates on vehicles of that type; and (b) the vehicle complies with the approval conditions, if any. | Note See notes to regulation 13 . |
(2) A vehicle need not comply with an ADR applied by regulation 19(1) or regulation 20(1) if – (a) the vehicle may be supplied to the market under subsection 14A(1) of the Motor Vehicle Standards Act 1989 of the Commonwealth; 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 regulation 19(1) or regulation 20(1) if – (a) the vehicle may be used in transport in Australia under subsection 15(2) of the Motor Vehicle Standards Act 1989 of the Commonwealth; and (b) for a vehicle for which an approval has been given under that subsection, the vehicle complies with the approval conditions, if any. 23Partial exception to compliance with ADRs: personally imported vehicles (1) In this regulation, personally imported vehicle means a vehicle built after 1968 that is imported into Australia by a person who – (a) owned and used the vehicle for a continuous period of at least 12 months before it was imported into Australia; and (b) when the vehicle was imported into Australia, was – (i) an Australian citizen or permanent resident or a person who had applied to become an Australian citizen or permanent resident; and (ii) old enough to hold a licence or permit to drive the vehicle; and (c) within the previous year, had not imported into Australia another vehicle owned by the person. (2) 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 when this regulation commenced; and (b) seatbelt anchorages that meet the number and location requirements of second or third edition ADR 5; and (c) child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34; and (d) head restraints that meet the number, location and size requirements of second or third edition ADR 22. (3) However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subregulation (2) if the ADR recommends that it should apply, or applies, to a vehicle of the same type. (4) A personally imported vehicle need not otherwise comply with an ADR applied by regulation 19(1) or regulation 20(1) . PART 4Adopted Standards24What is an adopted standardAn adopted standard is a standard, except a national standard, that is applied, adopted or incorporated by the Vehicle Standards. 25Reference to adopted standardsUnless the contrary intention appears, a reference in a regulation or subregulation to an adopted standard is a reference to the standard as in force when the regulation or subregulation commenced. 26Exception to compliance with adopted standardsA 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. PART 5General Safety Requirements Note 1For a vehicle to be operated safely, it needs to be properly designed to minimise the potential for accidents and harm to its occupants and other road users. Note 2This Part sets out various requirements covering the driver’s view from a vehicle, the driver’s control of a vehicle, protection of its occupants and other road users, and other general safety features. Division 1All vehicles27Steering (1) A motor vehicle with a GVM over 4.5 tonnes must have a right-hand drive. (2) A motor vehicle with a GVM not over 4.5 tonnes must have a right-hand drive if it is less than 30 years old. (3) A motor vehicle has a right-hand drive if the centre of at least one steering control of the vehicle is to the right of, or in line with, the centre of the vehicle. (4) A component of the steering system of a motor vehicle that is essential for effective steering of the vehicle must be built to transmit energy by mechanical means only. (5) Failure of a non-mechanical component of the steering system must not prevent effective steering of the vehicle. (6) This regulation does not apply to a vehicle if it is built or used mainly for a purpose other than the transport of goods or people by road. 28Turning ability (1) A motor vehicle must be able to turn in a circle not over 25 metres in diameter, measured by the outer edge of the tyre track at ground level. (2) The vehicle must be able to comply with subregulation (1) whether it turns to the left or to the right. 29Ability to travel backwards and forwardsA motor vehicle with an unloaded mass over 450 kilograms must be able to be driven both backwards and forwards when the driver is in the normal driving position. 30Protrusions (1) A vehicle must be designed, built and maintained in a way that minimises the likelihood of injury to a person making contact with the vehicle. (2) An object fitted to a vehicle must be designed, built, fitted to and maintained on the vehicle in a way that minimises the likelihood of injury to a person making contact with the vehicle. (3) However, subregulation (2) does not apply to an object fitted to a 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. 31Driver's view and vehicle controlsA 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. 32Seating and seatbelts (1) A seat for a driver or passenger in a vehicle must be securely attached to the vehicle. (2) A motor vehicle must be fitted with seatbelts in accordance with any ADR applying to that motor vehicle. 33Mudguards and spray suppression (1) A vehicle must have firmly fitted – (a) a mudguard for each wheel or for adjacent wheels; and (b) for each axle group and single axle on a vehicle that is part of a B-double, spray suppression devices complying with Parts 1 and 2 of British Standard AU200-1984 Spray Reducing Devices for Heavy Goods Vehicle. (2) However, subregulation (1)(a) does not apply to a 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 for subregulation (2)(a): |
| Most road-making plant. |
| Some agricultural equipment. |
(3) A mudguard fitted to a vehicle with a GVM over 4.5 tonnes must, when the wheels of the vehicle are in position to move straight ahead – (a) reduce the danger of a person contacting the moving wheels; and (b) for the rear wheels – (i) cover the overall tyre width of the wheel or wheels to which it is fitted; and (ii) be fitted so the height above ground level of the lowest edge of the rear of the mudguard is not over one-third of the horizontal distance between the edge and the centre of the rearmost axle. (4) However, a mudguard may be up to – (a) 230 millimetres above ground level; or (b) on a vehicle built to be used off-road, 300 millimetres above ground level. (5) 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 2.2 metres wide; and (b) has a body the vertical measurement of which is under 300 millimetres 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 in accordance with regulation 109 . (6) For subregulation (5)(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. 34Prevention of dripping oil, &c.A vehicle, including its fittings, must be built and maintained so as to prevent oil, grease, fuel, brake fluid or hydraulic fluid dripping onto the street surface from any part of the vehicle. 35Horns, alarms, &c. (1) A motor vehicle must be fitted with at least one horn or other device that can give sufficient audible warning to other road users of the approach or position of the vehicle. (2) A motor vehicle must not be fitted with a device that can make a sound like the sound of a siren, electric bell, exhaust whistle, compression whistle or repeater horn. (3) However, subregulation (2) does not apply to – (a) a police vehicle; or (b) an ambulance; or (c) an Australian Defence Force vehicle; or (d) a vehicle operated, approved or authorised under the Fire Service Act 1979 ; or (e) a transport enforcement vehicle; or (f) an Australian Protective Service vehicle; or (g) an Australian Customs Service vehicle; or (h) an Airservices Australia vehicle; or (i) a vehicle at least 25 years old that is fitted as a police or emergency vehicle if it is – (i) used for exhibition purposes; or (ii) part of a collection of former police or emergency vehicles; or (j) an anti-theft alarm if the alarm cannot be operated while the vehicle’s ignition is on. (4) A motor vehicle may be fitted with a device that emits a regular, intermittent sound while the vehicle is reversing or in reverse gear but that sound must not be louder than is necessary to enable the driver, and persons near the vehicle, to hear the device when it is operating. 36Rear vision mirrors (1) A rear vision mirror or mirrors must be fitted to a motor vehicle as required by this regulation so that a driver of the vehicle can clearly see by reflection the road behind the vehicle and any following or overtaking vehicle. (2) At least one rear vision mirror must be fitted to – (a) a car; and (b) a motor trike with 2 front wheels; and (c) a motor bike, or motor trike with one front wheel, built before July 1975. (3) At least one rear vision mirror must be fitted to each side of – (a) a motor vehicle with a GVM over 3.5 tonnes; and (b) a motor bike, or motor trike with one front wheel, built after June 1975; and (c) a motor vehicle having any side or rear glazing of a luminous transmittance of less than 70%; and (d) a bus. (4) A motor vehicle with a GVM not over 3.5 tonnes, except a motor vehicle mentioned in subregulation (2) or (3) , must be fitted with – (a) at least one rear vision mirror on the right side of the vehicle; and (b) at least one rear vision mirror on the left side of the vehicle or inside the vehicle. (5) A rear vision mirror fitted to a motor vehicle with a GVM over 3.5 tonnes must not project beyond 150 millimetres of the widest part, excluding lights, signalling devices and reflectors, of the vehicle or combination. (6) However, the rear vision mirror may project up to 230 millimetres beyond the widest part of the vehicle or combination if it can fold to project no more than 150 millimetres beyond the widest part. (7) A bus must be fitted with an interior mirror so that a driver of the bus, in the normal driving position, can clearly see by reflection the whole interior of the bus behind that driving position. 37Rear vision mirrors: surfaces (1) A rear vision mirror required to be fitted to the side of a motor vehicle with a GVM over 3.5 tonnes must have a reflecting surface of at least 150 square centimetres. (2) A rear vision mirror required to be fitted to the right side of a motor vehicle with a GVM over 3.5 tonnes must have a flat reflecting surface if – (a) the motor vehicle has only one 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 motor bike 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 1.2 metres. 38Additional rear vision mirrorsA 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. 39Automatic transmission (1) A 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 motor 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) Subregulations (1) and (2) do not apply to a motor vehicle with less than 4 wheels. 40Diesel enginesA 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. 41Bonnet-securing devices (1) A motor vehicle with a moveable body panel forward of the windscreen that covers an engine or luggage storage or battery compartment must have a device to secure the panel. (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. 42Electrical wiring, connections and installations (1) The wiring of electrical equipment of a vehicle, except the high tension ignition wiring, must – (a) be supported at intervals of not over 600 millimetres, 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 connectors between motor vehicles and trailers, for operation of the vehicle lights required by the Vehicle Standards, must comply with Australian Standard AS 2513-1982 Electrical Connections for Trailer Vehicles. (3) A 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. (4) Wires carrying electrical current on a bus must be fitted so that any current first passes through a fuse box or circuit-breaker. (5) If the battery of the electrical system of a bus is fitted in the interior of the bus, it must be so protected that fumes or acid cannot come into contact with passengers or goods. 43Television receivers and visual display units (1) A television receiver or visual display unit must not be installed in a vehicle so any part of the image on the screen is visible to the driver from the normal driving position. (2) However, subregulation (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 destination sign in a bus. | Examples of driver’s aids: |
| Closed-circuit television security cameras. |
| Dispatch systems. |
| Navigational or intelligent highway and vehicle system equipment. |
| Rearview screens. |
| Ticket-issuing machines. |
| Vehicle monitoring devices. |
(3) A television receiver, or visual display unit, and its associated equipment in a 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. 44Windscreens and windows (1) Transparent material used in a windscreen, window, or an interior partition, of a 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) A window on a bus must be – (a) sound and properly fitted; and (b) if movable, fitted with a suitable device for opening and closing. (3) Unless a bus is adequately ventilated by means of a fan-forced "jet air" or fan-forced airconditioning system, part of the glass in at least half of its window frames must be capable of being opened. (4) A bus must have ventilation additional to that provided by its windows. (5) In this regulation – approved material means material with the same characteristics as material mentioned in any of the following standards: (a) Australian Standard AS R1-1965 Safety Glass for Land Transport; (b) Australian Standard AS R1-1968 Safety Glass for Land Transport; (c) Australian Standard AS 2080-1977 Safety Glass for Vehicles; (d) British Standard BS 857:1967 Specification for Safety Glass for Land Transport; (e) British Standard BS 5282:1975 Road Vehicle Safety Glass; (f) British Standard BS AU178:1980 Road Vehicle Safety Glass; (g) Japanese Industrial Standard JIS R3211-1979 Safety Glasses for Road Vehicles; (h) American National Standard ANSI Z26.1-1980 Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highway; transparent material does not include any coating added to the windscreen, window or partition after its manufacture. 45Window tinting (1) Glazing used in a windscreen of a motor vehicle must have a luminous transmittance of at least – (a) for a motor vehicle built after 1971, 75%; or (b) for another motor vehicle, 70%. (2) Windscreen glazing of a motor vehicle must not be coated in a way that reduces its luminous transmittance. (3) However, subregulations (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 an interior partition or window of a motor vehicle must have a luminous transmittance of at least 70%. (5) Glazing used in an interior partition or window of a motor vehicle, other than the windscreen, may be coated to achieve a luminous transmittance of not less than 35%. (6) Subregulation (5) does not apply to – (a) glazing or coating fitted before 1 October 1996 behind the rear of the driver’s seat of a vehicle; or (b) glazing or coating behind the rear of the driver’s seat of a bus, stretch limousine, ambulance or hearse; or (c) glazing or coating adjacent to the rear of an area of a motor vehicle designed and built to carry goods. | Examples for paragraph (c): |
| The area without seats behind the rear seat of a station wagon. |
| The tray of a utility, van or truck. |
(7) Glazing that has been coated to reduce its luminous transmittance must not have a reflectance of over 10%. (8) The luminous transmittance requirements in subregulation (5) apply to a vehicle instead of the corresponding requirements of the relevant ADR. 46Windscreen wipers and washers (1) A motor vehicle with 3 or more wheels that is fitted with a windscreen must be fitted with at least one 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 one 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. (3) If the motor vehicle was built after 1982 and has a GVM over 4.5 tonnes, it must also be fitted with a windscreen washer that can direct water onto the windscreen within the area swept by a windscreen wiper so the wiper can spread the water to all of the area swept by the wiper. Note The ADRs require certain vehicles with a GVM not over 4.5 tonnes to be fitted with a windscreen washer. |
(4) The windscreen washer must be able to be operated from a normal driving position. 47Wheels and tyres: size and capacityThe wheels and tyres fitted to an axle of a 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. 48Pneumatic tyres generallyA vehicle built after 1932 must be fitted with pneumatic tyres. 49Pneumatic tyres: carcass construction (1) A vehicle with a GVM not over 4.5 tonnes 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, subregulation (1) does not apply to a tyre being used in an emergency as a temporary replacement for a tyre complying with the subregulation. 50Pneumatic tyres: size and capacityThe size and capacity of a pneumatic tyre to be fitted to a vehicle must be decided using a cold inflation pressure that is not more than the lesser of – (a) the pressure recommended by the tyre manufacturer; and (b) a pressure of – (i) for a radial ply tyre, 825 kilopascals; or (ii) for another tyre, 700 kilopascals. | Note The maximum permissible tyre inflation pressures are prescribed in the Vehicle and Traffic (Vehicle Operations) Regulations 2001 . |
51Tyres: defectsA tyre fitted to a vehicle must be free of any apparent defect that could make the vehicle unsafe. 52Tyres for use on vehicles with a GVM over 4.5 tonnes (1) A tyre fitted to a vehicle with a GVM over 4.5 tonnes must be suitable for road use at the lesser of – (a) 100 kilometres an hour; and (b) the vehicle’s top speed. (2) This regulation applies to a vehicle instead of the tyre speed category requirements in the relevant ADR. 53Tyres: manufacturer's rating (1) This regulation applies to a motor vehicle if it – (a) has 4 or more wheels; and (b) was built after 1972; and (c) has a GVM not over 4.5 tonnes. (2) However, this regulation does not apply to a tyre if it – (a) is recommended by the vehicle’s builder as suitable for limited use on the vehicle in special circumstances at a speed less than the speed applying to the vehicle under subregulation (3) ; or (b) is being used in an emergency as a temporary replacement for a tyre complying with this regulation. (3) A tyre fitted to a motor vehicle must, when first manufactured, 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, 140 kilometres an hour; or (ii) for another car, 180 kilometres an hour; or (iii) for another motor vehicle, 120 kilometres an hour; and (b) the vehicle’s top speed. | Example for paragraph (a)(i): |
| 4-wheel drive vehicle. |
(4) This regulation applies to a vehicle instead of the tyre speed category requirements in the relevant ADR. 54Retreads (1) A tyre that is retreaded before the commencement of this regulation must not be used on a vehicle if – (a) Australian Standard AS 1973-1976 Retreaded Pneumatic Passenger Car and Light Truck Tyre or Australian Standard 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 Australian Standard AS 1973-1976 Retreaded Pneumatic Passenger Car and Light Truck Tyre, Australian Standard AS 1973-1985 Retreaded Pneumatic Passenger and Light Truck Tyre or Australian Standard AS 1973-1993 Pneumatic Tyres — Passenger Car, Light Truck and Truck/Bus — Retreading and Repair Processes. (2) A tyre that is retreaded after the commencement of this regulation must not be used on a vehicle if – (a) Australian Standard 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 The Australian Standards mentioned in this regulation require various markings on retreaded tyres. These may include a speed rating less than the rating originally marked on the tyre. |
55Tyre tread (1) A tyre on a 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 1.5 millimetres deep in a band that runs continuously – (a) across – (i) for a vehicle with a GVM over 4.5 tonnes, at least 75% of the tyre width that normally comes into contact with the road; or (ii) for another vehicle, the tyre width that normally comes into contact with the road; and (b) around the whole circumference of the tyre. (3) A vehicle must not be fitted with a tyre that has been treated by recutting or regrooving the tread rubber, unless the tyre was – (a) constructed with an extra thickness of rubber designed for recutting or regrooving; and (b) labelled to indicate the construction. (4) Subregulations (2) and (3) do not apply to a vehicle designed mainly for use in a specialised activity such as agriculture or road construction.