EXPLANATORY STATEMENT
Select Legislative Instrument 2007 No. 14
Issued by the Authority of the Minister for Transport and Regional Services
National Transport Commission Act 2003
National Transport Commission (Road Transport Legislation — Vehicle Standards) Amendments Regulations 2007 (No. 1)
Section 52 of the National Transport Commission Act 2003 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The provisions of the Act are supported by the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport (IGA), which serves to formalise the cooperative arrangements between the Commonwealth, States and Territories and define the roles and responsibilities of the National Transport Commission (NTC), the Australian Transport Council and the jurisdictions. Clause 14 of the IGA requires the Commonwealth to submit model legislation for inclusion in schedules to regulations under the Act. The proposed Regulations would implement this commitment.
The purpose of the Regulations is to update the Australian Vehicle Standards Rules 1999 (the Rules) which are set out as model road transport legislation at Schedule 2 of the National Transport Commission (Road Transport Legislation — Vehicle Standards) Regulations 2006.
The Regulations provide for miscellaneous amendments to the Rules approved by the Australian Transport Council on 23 August 2006. These are the result of the NTC’s maintenance process which proposed a number of changes to the Rules that are non-contentious and only clarify certain aspects of the Rules. The changes are mechanical in nature, have no material impact and so did not require a regulation impact statement. Consultation was undertaken with all jurisdictions through an NTC working group.
The amendments make changes to the following areas within the Rules:
- Guidance on vehicle modifications, Part 3;
- Partial exception to compliance with the Australian Design Rules for personally imported vehicles, rule 23;
- Steering, rule 27;
- Horns, alarms etc, rule 34;
- Electrical wiring, connections and installations, rule 41;
- Windscreens and windows, rule 43;
- Other lights and reflectors, rule 118;
- Rear marking plates, rule 119;
- Exhaust systems, rule 148;
- Speed limiting, rule 155;
- Attachment of couplings and drawbar eyes on road trains, rule 169; and
- Dictionary.
Section 7 of the Act provides that the regulations may set out model legislation, being legislation developed by the NTC in accordance with the IGA. Paragraph 7(2)(a) provides that model legislation does not have the force of law. The schedules to the regulations serve only as a repository for nationally agreed reforms, which may then be implemented by jurisdictions.
Item 44 of the table to subsection 44(2) of the Legislative Instruments Act 2003 together with item 7 of Schedule 2 to the Legislative Instruments Regulations 2004 operate to provide that the proposed Regulation would not be subject to disallowance. In addition, item 51 of the table to subsection 54(2) of the Legislative Instruments Act 2003 together with item 4 of Schedule 3 to the Legislative Instruments Regulations 2004 operate to provide that the proposed Regulation would not be subject to sunsetting.
Overview
The National Transport Commission (Road Transport Legislation — Vehicle Standards) Amendments Regulations 2007 (No. 1) were enacted to update the Australian Vehicle Standards Rules 1999, which are set out as model road transport legislation at Schedule 2 of the National Transport Commission (Road Transport Legislation — Vehicle Standards) Regulations 2006. The National Transport Commission Act 2003, enacted by the Australian Parliament, provides for the creation of these regulations, enabling the updating of vehicle standards to reflect changes that are non-contentious and aimed at clarifying certain aspects of the Rules. These amendments were approved by the Australian Transport Council and do not have any material impact, hence did not require a regulation impact statement. The regulations were developed in accordance with the Inter-Governmental Agreement on Regulatory and Operational Reform in Road, Rail and Intermodal Transport, which formalises the cooperative arrangements between the Commonwealth, States, and Territories. The purpose of these amendments is to ensure that the model legislation remains current and effective in governing vehicle standards across Australia.
Scope and Application
The National Transport Commission (Road Transport Legislation — Vehicle Standards) Amendments Regulations 2007 (No. 1) applies to all jurisdictions within Australia as per the National Transport Commission Act 2003, with a focus on updating the Australian Vehicle Standards Rules 1999 to reflect the latest nationally agreed reforms. This Act serves to standardise vehicle standards across Australia by updating and clarifying certain aspects of the existing vehicle standards rules. The changes are minor and intended to provide clarity and ensure consistency in the application of vehicle standards. The regulations do not have the force of law on their own but serve as model legislation which individual jurisdictions may adopt and implement into their local laws. The amendments address areas such as vehicle modifications, compliance exceptions for imported vehicles, steering, horns, electrical systems, lighting, and other vehicle components. These amendments were approved by the Australian Transport Council and developed in consultation with all relevant jurisdictions through a National Transport Commission working group. Notably, the regulations are not subject to disallowance or sunsetting as per the Legislative Instruments Act 2003 and its subsidiary regulations.
Key Provisions
The National Transport Commission (Road Transport Legislation — Vehicle Standards) Amendments Regulations 2007 (No. 1) make several amendments to the Australian Vehicle Standards Rules 1999 (the Rules) as set out in Schedule 2 of the National Transport Commission (Road Transport Legislation — Vehicle Standards) Regulations 2006 (Section 52). These amendments, approved by the Australian Transport Council on 23 August 2006, are the result of the NTC's maintenance process which aimed to clarify certain aspects of the Rules. The changes are mechanical and do not have a material impact, hence they did not require a regulation impact statement. These amendments cover various areas such as vehicle modifications, exceptions to compliance for personally imported vehicles, steering, horns and alarms, electrical wiring, windscreens and windows, lights and reflectors, rear marking plates, exhaust systems, speed limiting, and the attachment of couplings and drawbar eyes on road trains.
These regulations impose obligations on the parties and entities they govern by updating the Rules to reflect the latest nationally agreed reforms. These reforms are intended to streamline and clarify the regulatory environment for road transport. The amendments clarify the guidance on vehicle modifications, update the partial exception to compliance with the Australian Design Rules for personally imported vehicles, and provide clearer specifications for steering, horns, alarms, electrical wiring, connections, installations, windscreens and windows, lights, reflectors, rear marking plates, exhaust systems, speed limiting, and the attachment of couplings and drawbar eyes on road trains. These obligations ensure that the Rules remain relevant and effective in regulating road transport.
The Act itself does not explicitly state any offences, penalties, or consequences for breach of the regulations. However, the implementation of these regulations by jurisdictions would be subject to their own enforcement mechanisms. Any breaches of the Rules, as updated by these amendments, would typically be dealt with under the relevant state or territory road transport legislation, which may include fines, penalties, or other enforcement actions. The maximum penalties would depend on the specific provisions of the state or territory legislation under which the breach is prosecuted. It is important for all parties to ensure compliance with the updated Rules to avoid any potential enforcement actions.