Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination 2025

Explanatory Statement

Issued by the Authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

Road Vehicle Standards Act 2018

Road Vehicle Standards Rules 2019

Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination 2025

Authority

The Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination 2025 (the amending Determination) is made under section 12 of the Road Vehicle Standards Rules 2019 (the RVS Rules) and amends the Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021 (the RAV Determination).

Paragraph 82(1)(a) of the Road Vehicle Standards Act 2018 (the RVS Act) empowers the Minister, by legislative instrument, to make rules prescribing matters required or permitted by that Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the RVS Act. The RVS Rules are made under paragraph 82(1)(a) of the RVS Act.

The RVS Act and the RVS Rules provide a modern framework for the Commonwealth to regulate, among other matters, the importation and the first provision of road vehicles in Australia. Measures are in this legislative framework to manage the risks associated with road vehicles and road vehicle components. Such measures are designed to ensure that road vehicles and approved road vehicle components provided in Australia meet certain safety, anti‑theft and environmental standards. The RVS Act also gives effect to Australia’s obligations regarding the harmonisation of international road vehicle standards.

Section 12 of the RVS Rules allows the Minister, by legislative instrument, to determine the information that must be included on the Register of Approved Vehicles (the RAV) in relation to a vehicle. The RAV Determination was made under section 12 of the RVS Rules and it is being further varied by the amending Determination.

Subsection 33(3) of the Acts Interpretation Act 1901 relevantly provides that where an Act confers a power to make a legislative instrument, power shall be construed as including a power exercisable in the like manner amend, or vary any such instrument. By operation of subsection 13(1), the Acts Interpretation Act 1901 applies to instruments made under the RVS Rules.

Purpose

The purpose of the amending Determination is to amend the RAV Determination.

There are two categories of amendments. Firstly, one set of amendments will support the New Vehicle Efficiency Standard. Secondly, a further set of amendments will support the operation of the RAV.

There are two Schedules to the amending Determination.

Schedule 1 amends the RAV Determination to alter the definitions of mass in running order, and rated towing capacity (for MC category– off-road passenger vehicles). To support this change, the amending Determination also adds a definition of a manufacturer, to cover persons authorised to enter a vehicle onto the RAV by the holder of the road vehicle type approval, in addition to a person holding a road vehicle type approval.

Schedule 2 amends the RAV Determination from the start of day on 1 July 2026 to add motive power type as information that must be included on the RAV and define descriptive terms for motive power types.

Changes due to the New Vehicle Efficiency Standard

The New Vehicle Efficiency Standard Act 2024 (the NVES Act) became law on 31 May 2024 and will improve the efficiency of new cars for Australians and support the Government’s commitment to achieve net zero by 2050. The NVES Act came into effect on 1 January 2025, and the obligations under the New Vehicle Efficiency Standard (NVES) will commence on 1 July 2025. To comply with the NVES from 1 July 2025, vehicle suppliers will need to provide the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department) new vehicle data through the Road Vehicle Regulator’s ROVER information system.

To enable vehicle suppliers to comply with the NVES Act from 1 July 2025, the RAV Determination will require vehicle suppliers to enter four data fields in the Road Vehicle Regulator’s ROVER information system:

NVES vehicle type (‘Type 1 (Passenger) Vehicle’, ‘Type 2 (Light Commercial) Vehicle’ or ‘Exempt’);
carbon dioxide (CO2) emissions (in grams per kilometre);
mass in running order (in kilograms); and
rated towing capacity (in kilograms).

The NVES Regulator will use this data to calculate the CO2 “score” for each manufacturer/supplier’s fleet of vehicles each year (known as the Interim Emissions Value (IEV) in the NVES Act).

Industry has requested additional clarity on how to calculate two of the entries: mass in running order for “chassis-cab” vehicles and the rated towing capacity for MC category vehicles (off road passenger vehicles).

The addition of Motive Power Type

Under the RVS Rules, vehicle motive power information is collected and published for type approved vehicles in the Road Vehicle Descriptor section of the application for a vehicle type approval. The published motive power is a description of each motive power option available for that vehicle type. Variants of a type of vehicle frequently have differing types of motive power.

For vehicles provided under the RVS concessional RAV entry approval pathway under Section 35 of the RVS Rules, no approval information (such as any motive power description) is published.

Adding motive power type to the information to be included on the RAV will enable this information to be identified for a specific vehicle and facilitate reporting on the whole Australian fleet.

Details of the amendments are set out in Attachment A.

Consultation

Mass in running order and rated towing capacity

The Department consulted industry before introducing the New Vehicle Efficiency Standards (NVES) legislation and the related amendments to the RAV Determination. This included consultation with more than 120 automotive industry manufacturers and peak industry bodies during events held in June 2024 and through technical working groups established by the department to support the implementation of the NVES. This was in addition to extensive public consultation on the NVES in February 2024, which attracted some 11,000 submissions to consultation across that period.

In February 2025, the Department consulted with industry representatives on detailed descriptions of the proposed amendments to the 2021 Determination (to the definitions of mass in running order and rated towing capacity and sought feedback and made changes based on that feedback.

This led to a revised proposal to amend the definition of rated towing capacity for MC category vehicles (off-road passenger vehicles) in the RAV determination instead of amending the definition for all light vehicle categories in the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (ADR definitions). This was because this consultation found amending the ADR definition may have unintended consequences for in-service requirements adopted in legislation by the states and territories for changes to gross vehicle mass and gross combination mass ratings, which are based on the definition in the current ADR definitions.

The automotive industry is impacted by the amending Determination as it directly affects their ability to comply with the NVES Act through the requirement to enter a vehicle’s emissions number, mass in running order and rated towing capacity (in the case of MC category vehicles) on the RAV.

Motive power

The Department consulted with vehicle suppliers, agents, industry bodies and in-service regulators in late 2024 concerning the proposed amendments to the RAV Determination, to include motive power type and the timing of the change. This included consultation with all relevant stakeholders known to the Department. In-service regulators supported a 1 July 2025 commencement date for inclusion of motive power on the RAV but industry sought additional time to amend their systems.

In February 2025, the Department notified stakeholders of the intention to proceed with motive power type as RAV information for relevant vehicles. Industry bodies provided a more detailed explanation of the need for a further 12-month period of time to amend systems to include motive power.

Other

The Office of Impact Analysis (OIA) has advised that a detailed analysis is not required (reference OIA25-09257).

The amending Determination is a legislative instrument for the purposes of the Legislation Act 2003 and is subject to the standard sunsetting requirements and disallowance.

The amendments proposed by the amending Determination will commence prospectively. Schedule 1 amendments will commence at the start of the day (item 1) on 1 July 2025 or a short time after the start of that day (items 2-4), and the amendments in Schedule 2 will commence at the start of the day on 1 July 2026.

Statement of Compatibility with Human Rights

A statement of compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

Attachment A

Details of the Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination 2025

Section 1—Name

Section 1 provides that the name of the instrument is the Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination 2025.

Section 2—Commencement

Section 2 provides for when the instrument will commence.

The amendment in Item 1 of Schedule 1 will commence at the start of day on 1 July 2025.

The amendments in Items 2, 3 and 4 of Schedule 1 will commence immediately after the commencement of Schedule 2 to the Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination 2024 (2024 Determination). Schedule 2 of the 2024 Determination commences at the start of day on 1 July 2025 (i.e. at 00:00), as mentioned in note 2 accompanying section 2 and therefore the amendments in Item 2, 3 and 4 of Schedule 1 of the amending Determination will commence immediately after that time (i.e. 00:01 on 1 July 2025).

This special commencement arrangement is required because Items 2, 3 and 4, reverse or modify some of the changes to the RAV Determination made by the 2024 Determination which, at the time of making this amending Determination, have not yet commenced.

The amendments in Schedule 2 of the amending Determination will commence at the start of day on 1 July 2026.

Section 3—Authority

Section 3 provides that the instrument is made under the Road Vehicle Standards Rules 2019 (the RVS Rules).

Section 4—Schedules

Section 4 provides that each instrument that is specified in a Schedule to this is amended or repealed as set out in the applicable items of the Schedule. Any other item in a Schedule has effect according to its terms. There are two Schedules to the instrument and each will amend the Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021 (the RAV Determination).

Schedule 1—Amendments commencing 1 July 2025

Item 1— Subsection 5(1)

This item inserts two new definitions; manufacturer and rated towing capacity into the definition section of the RAV Determination. This item will commence at the start of the day on 1 July 2025.

Parts of the revised definitions of mass in running order (item 2) and rated towing capacity under this amending Determination will now refer to the vehicle’s manufacturer.

Definition of manufacturer

Under the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (the ADR definitions), a manufacturer is defined as the person who:

holds an approval under subsection 10A(1), (2) or (3) of the Motor Vehicle Standards Act 1989, to place an ‘Identification Plate’ on the vehicle; or
holds a road vehicle type approval or a road vehicle component type approval, granted under the Road Vehicle Standards Act 2018, which covers the vehicle or component (as applicable).

As the person who holds an approval may not be the same person who imports the vehicle into Australia and enters it on to the Register of Approved Vehicles, the definition of manufacturer under the ADR definitions is not considered sufficiently comprehensive.

To enable the updated definitions of mass in running order and rated towing capacity to also include persons authorised by a road vehicle type approval holder to enter a vehicle onto the Register of Approved Vehicles, the amending Determination inserts a new definition of manufacturer (for vehicles supplied under the type approval pathway), to also include a person authorised in writing by the holder of a road vehicle type approval to enter vehicles on the RAV under the approval. The revised definition also defines manufacturer, in the alternative, as the holder of a road vehicle type approval that applies to the vehicle.

Definition of rated towing capacity

Section 15 of the NVES Act, which defines a heavy off-road passenger vehicle refers to the rated towing capacity first entered on the RAV. The 2024 Determination proposed the definition in the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 for rated towing capacity apply to the RAV Determination from the start of day on 1 July 2025. This change made in the 2024 Determination will then be reversed by this item.

Under this instrument, rated towing capacity is defined as the lesser of either;

the rating given to the towing equipment fitted to the motor vehicle; or
the difference between ‘Gross Combination Mass’ and ‘Gross Vehicle Mass’.

When the final policy settings for the NVES were agreed by the Government in March 2024, and the legislation was introduced into Parliament, it was intended that all off-road capable SUVs with a ladder frame chassis that could tow more than 3 tonnes would be regulated as Type 2 (light commercial) vehicles. As the ADR definition referenced in the RAV Determination is written for heavy vehicles, a vehicle’s ADR rated towing capacity is generally lower than the maximum towing capacity specified for most light vehicle models.

To align with the policy intent of the NVES, the amending Determination removes from the RAV Determination, reference to the ADR definition of rated towing capacity from the RAV Determination and will be replaces with a definition that clarifies that rated towing capacity, for MC category vehicles entered on the RAV, means the maximum towing capacity specified by the manufacturer. In line with industry practice, the RAV will require rated towing capacity values to be entered by the manufacturer in kilograms and rounded to the nearest whole number.

Under the NVES Act, off-road capable sport utility vehicles (also known as MC category vehicles) have different emissions targets based on how they are built and how much they can tow (defined in the NVES Act as rated towing capacity). The new definition of rated towing capacity being inserted by Item 1 of Schedule 1 of this amending Determination, means the maximum towing mass specified by the vehicle’s manufacturer.

Item 2— Subsection 5(1) (definition of mass in running order)

Item 3— Before subsection 5(2)

Subsection 24(2) of the NVES Act states that the MIRO number for a vehicle for a year is the number of kilograms in the MIRO (mass in running order) that is entered on the RAV in relation to the vehicle at the start of the interim reconciliation day for the year.

Items 2 and 3 will, in effect, commence early on 1 July 2025.

Item 2 omits the definition of mass in running order that was set out in the 2024 Determination, as is no longer considered fit for purpose.

Item 3 insert a new subsection 5(2A) and (2B) and sets out the revised definition of mass in running order. This updated definition is required to account for vehicles entered onto the RAV, as an incomplete ‘chassis-cab’ before bodywork is fitted to the vehicle.

New subsection 5(2A) of the definitions explains that the term mass in running order has the same meaning as in the Vehicle Standard (Australian Design Rule 111/00 – Advanced Emission Control for Light Vehicles) 2024 (ADR 111/00), or any later version. However, this definition is subject to an exception in new subsection 5(2B). The ADR 111/00 (including future versions of that document) has been incorporated by reference into the amending Determination. The incorporation of this matter contained in writing as in force or existing from time to time is done in reliance on subsection 82(6) of the RAV Act and subsection 14(1) of the Legislation Act 2003.

In cases where the vehicle to be entered on the RAV is a chassis-cab with no bodywork fitted, rather than the mass in running order being determined by the ADR 111/00, the vehicle’s mass in running order will, by new subsection 5(2A) be deemed to be one of three things (as applicable):

the highest mass in running order value declared in the supporting information underpinning the carbon dioxide emissions value declared for the chassis-cab by the manufacturer; or
the ‘mass in running order’ of the chassis-cab without bodywork fitted plus the average mass of the bodywork options offered for fitment to the vehicle by the vehicle’s manufacturer; or
the ‘mass in running order’ of the chassis-cab without bodywork fitted plus the maximum area of the body recommended for fitment to the vehicle by the vehicle’s manufacturer (in square metres to one decimal place) multiplied by 50kg.

In line with industry practice, the RAV will require mass in running order values to be entered by the manufacturer in kilograms and rounded to the nearest whole number.

Items 2 and 3 will, in effect, commence early on 1 July 2025.

Item 4— Subsection 5(2) (definition of rated towing capacity)

This item repeals paragraph 5(2)(ha) of the RAV Determination. This is to be included in subsection 5(2) with effect from 1 July 2025 by the 2024 Determination, which inserted the term rated towing capacity as another expression that has the same meaning as in the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (the ADR definitions).

As a consequence of the amendment in Item 1 of Schedule 1 to include a new standalone definition of rated towing capacity in subsection 5(1), the inclusion of paragraph 5(2)(ha) in the listing is no longer required.

Item 4 will, in effect, commence early on 1 July 2025.

Schedule 2—Amendments commencing on 1 July 2026

All of the amendments in Schedule 2 will commence at start of day on 1 July 2026. These amendments are scheduled to commence 12 months after Schedule 1 to allow sufficient time for vehicle manufacturers/suppliers to update the systems used to include motive power on the RAV.

Item 1— Subsection 5(1)

This item inserts twenty-three new definitions into subsection 5(1) of the RAV Determination.

The term CNG is defined as an abbreviation for compressed natural gas.

The term EV (short for electric vehicle), is defined to mean, in relation to a motive power type, a vehicle equipped with a powertrain containing exclusively electric machines as propulsion energy converters and exclusively rechargeable electric energy storage systems as propulsion energy storage systems.

The term FCEV (short for fuel cell electric vehicle), is defined to mean, in relation to a motive power type, a vehicle equipped with a powertrain containing exclusively fuel cell(s) and electric machine(s) as propulsion energy converter(s).

The term HEV (short for hybrid electric vehicle), is defined to mean, in relation to a motive power type, a hybrid vehicle where one of the propulsion energy converters is an electric machine.

The term HEV – Diesel, in relation to a motive power type, is defined to mean a non-external charging HEV with a diesel ICE.

The term HEV – H2, in relation to a motive power type, is defined to mean a non-external charging HEV with a hydrogen ICE.

The term HEV – Petrol, in relation to a motive power type, is defined to mean a non-external charging HEV with a petrol ICE.

The term H2 is an abbreviation for hydrogen.

The term Hybrid vehicle is defined to have the same meaning as in the Vehicle Standard (Australian Design Rule 111/00 – Advanced Emission Control for Light Vehicles) 2024, or a later version. The incorporation of this matter contained in writing as in force or existing from time to time is done in reliance on subsection 82(6) of the RAV Act and subsection 14(1) of the Legislation Act 2003.

The term ICE is an abbreviation for internal combustion engine.

The term ICE – CNG, in relation to a motive power type, is defined to mean a vehicle powered by an ICE operating on CNG fuel.

The term ICE – Diesel, in relation to a motive power type, is defined to mean a vehicle powered by an ICE operating on diesel fuel.

The term ICE – H2, in relation to a motive power type, is defined to mean a vehicle powered by an ICE operating on H2 fuel.

The term ICE – LPG, in relation to a motive power type, is defined to mean a vehicle powered by an ICE operating on LPG fuel.

The term ICE – Petrol, in relation to a motive power type, is defined to mean a vehicle powered by an ICE operating on petrol fuel.

The term ICE – Petrol + LPG, in relation to a motive power type, is defined to mean a vehicle powered by an ICE with the ability to operate on either petrol fuel or LPG fuel.

The term LPG is clarified as being an abbreviation for liquefied petroleum gas.

The term motive power type, is defined to mean whichever of the following expressions applies to the vehicle: EV, FCEV, HEV – Diesel, HEV – H2, HEV – Petrol, ICE – CNG, ICE – Diesel, ICE – H2, ICE – LPG, ICE – Petrol, ICE – Petrol + LPG, PHEV or Other.

The term Other, in relation to a motive power type, is defined to mean any other motive power type not otherwise described in the instrument.

The term PHEV (short for plug-in hybrid electric vehicle), in relation to a motive power type, is defined to mean a HEV that can be charged from an external source.

The term PHEV – Diesel, in relation to a motive power type, is defined to mean a PHEV with a diesel ICE.

The term PHEV – H2, in relation to a motive power type, is defined to mean a PHEV with a H2 ICE.

The term PHEV – Petrol, in relation to a motive power type, is defined to mean a PHEV with a petrol ICE.

Item 2— Section 10 (after item 15 of table )

This item adds one new row entry to the table accompanying section 10 of the RAV Determination relating to the information required for vehicles entered on the RAV via the type approval pathway. The new row item will appear after row 15 of the table.

The new row item 16 will set out the required RAV entries for those categories of vehicles listed in column 1 (ie. the LA, LB, LC, LD, LEM, LEP, LEG, MA, MB, MC, MD1, MD2, MD3, MD4, ME, NA, NB1, NB2, NC vehicle categories) to include information on the vehicle’s motive power type.

The motive power types provided are EV, FCEV, HEV – Diesel, HEV – H2, HEV – Petrol, ICE – CNG, ICE – Diesel, ICE – H2, ICE – LPG, ICE – Petrol, ICE – Petrol + LPG, PHEV – Diesel, PHEV – H2, PHEV – Petrol, or Other. Each of these terms will be separately defined – refer to the amendments set out in Item 1, as discussed above.

Item 3— Section 12 (after item 16 of table )

The new item 17 will set out information required for vehicles entered on the RAV via the concessional RAV entry approval pathway. The new row item will appear after row 16 of the table.

The new row item 17 requires RAV entries for those categories of vehicles listed in column 1 (ie the LA, LB, LC, LD, LEM, LEP, LEG, MA, MB, MC, MD1, MD2, MD3, MD4, ME, NA, NB1, NB2, NC vehicle categories) to include information on the vehicle’s motive power type. This requirement applies to all entry pathway sub-categories.

Attachment B

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Road Vehicle Standards (Information on the Register of Approved Vehicles) Amendment Determination 2025

This disallowable legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Regulations

The amending Determination amends the Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021 (the RAV Determination) to make several amendments, some which commence in July 2025 and others in July 2026, including:

amending the definition of mass in running order to account for cases where a vehicle is entered onto the RAV as chassis-cab before a body is fitted to the vehicle and remove references to the definition in the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005;
amending the definition of rated towing capacity to mean the maximum towing mass specified by the manufacturer and remove references to the definition in the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005;
adding a definition of manufacturer to a person authorised, in writing, by the holder of a road vehicle type approval to enter vehicles on the RAV under their approval; and
adding motive power type as information that must be included on the RAV and define descriptive terms for listed motive power types.

Human rights implications

The instrument supports the regulatory framework of the Road Vehicle Standards Act 2018 and the RVS Rules to ensure that vehicles on public roads meet safety and environmental standards to support the human right to life and health. The amendments set out in this instrument are largely technical in nature and do not, in and of themselves, engage any human rights.

Conclusion

The instrument is compatible with human rights as it does not raise any human rights issues.

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

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