Vehicle Standard (Australian Design Rule – Harmonisation) 2012 (Cth)

Vehicle Standard (Australian Design Rule – Harmonisation) 2012

Compilation:               1 (up to and including Vehicle Standard (Australian Design Rule – Harmonisation) 2012 Amendment 1)

Compilation Date:       30/05/2012

Compiled by:              Vehicle Safety Standards, Department of Infrastructure and Transport.

Enabling Legislation:  Section 7

Motor Vehicle Standards Act 1989

CONTENTS

1.     LEGISLATIVE PROVISIONS

2.     SCOPE

3.     DEFINITIONS

4.     APPLICATION OF UNECE REGULATIONS

5.     MUTUAL RECOGNITION OF UNECE REGULATIONS

NOTES

1. LEGISLATIVE PROVISIONS

1.1NAME OF STANDARD

This standard is the Vehicle Standard (Australian Design Rule – Harmonisation) 2012.

This standard may also be cited as the Australian Design Rule – Harmonisation.

1.2COMMENCEMENT

This standard commences on the day after it is registered.

1. SCOPE

This standard implements the harmonisation and mutual recognition elements of the 1958 Agreement within Australia.

1. DEFINITIONS

3.1In this Vehicle Standard:

1958 Agreement means the Agreement concerning the Adoption of Uniform Technical Prescriptions for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these Prescriptions, [2000] ATS 11, made at Geneva on 20 March 1958 and coming into force on 20 June 1959.

ADR means a vehicle standard determined under section 7 of the Act, but is not limited to any particular series, revision, supplement, amendment or corrigendum.

alternative standard, in relation to an ADR, means an alternative standard specified in the ADR.

apply, in relation to a UNECE Regulation, means apply the regulation in accordance with Article 1 of the 1958 Agreement.

the Act means the Motor Vehicle Standards Act 1989.

UNECE Regulation means a regulation adopted in accordance with Article 1 of the 1958 Agreement, but is not limited to any particular series, revision, supplement, amendment or corrigendum.

3.2Unless the contrary intention appears, a word or expression that is used in this Vehicle Standard and in the Act has the same meaning in this Vehicle Standard as it has in the Act.

Note:      The following terms are defined in the Act:

·new vehicle

·vehicle component

1. APPLICATION OF UNECE REGULATIONS

4.1Subject to clause 4.2, a new vehicle or a vehicle component is taken to comply with an ADR if:

(a)the ADR specifies a UNECE Regulation as an alternative standard; and

(b)Australia applies the UNECE Regulation; and

(c)the new vehicle or vehicle component complies with the UNECE Regulation in force from time to time.

4.2Clause 4.1 does not apply if:

(a)the UNECE Regulation is not valid or is no longer valid.  This includes the situation where the regulation is cancelled or withdrawn in accordance with Article 1 of the 1958 Agreement; or

(b)Australia no longer applies the UNECE Regulation.  This includes the situation where Australia ceases to apply the regulation in accordance with Article 1 of the 1958 Agreement.

1. MUTUAL RECOGNITION OF UNECE REGULATIONS

5.1Subject to clause 5.2, a new vehicle or a vehicle component is taken to comply with an ADR if:

(a)the ADR specifies a UNECE Regulation as an alternative standard; and

(b)the type (of vehicle or component) has been approved in accordance with Article 2 of the 1958 Agreement:

(i)for the UNECE Regulation; and

(ii)by a Contracting Party to the 1958 Agreement applying the UNECE Regulation; and

(c)the approval corresponds to:

(i)where Australia applies the UNECE Regulation, the same version of the UNECE Regulation as specified in the alternative standard or the UNECE Regulation in force from time to time; or

(ii)where Australia does not apply the UNECE Regulation, the same version of the UNECE Regulation as specified in the alternative standard.

5.2Clause 5.1 does not apply if:

(a)the approval (by the Contracting Party) is not valid or is no longer valid.  This includes the situation where the approval is cancelled or withdrawn in accordance with Article 2 of the 1958 Agreement; or

(b)the approval is (or relevant products are) subject to remedial action in accordance with Article 4 of the 1958 Agreement.

NOTES

This compilation of Vehicle Standard (Australian Design Rule – Harmonisation) 2012 includes all the instruments set out in the Table of Instruments.  The Table of Amendments provides a history of clauses that have been amended, inserted or deleted.

Table of Instruments

Name of Instrument	FRLI Registration Date	Commencement Date
Vehicle Standard (Australian Design Rule – Harmonisation) 2012	17/02/2012 (see F2012L00336)	18/02/2012
Vehicle Standard (Australian Design Rule – Harmonisation) 2012 Amendment 1	24/05/2012 (see F2012L01076)	25/05/2012

Table of Amendments

Clause affected	How affected	Amending instrument
5.1 (c)	am	Amendment 1

ad = added or inserted

am = amended

del = deleted or removed

rr = removed and replaced

à = clause renumbered.  This takes the format of old no. à new no.