Vehicle Standard (Australian Design Rule 19/00 – Installation of Lighting and Light-Signalling Devices on L-Group Vehicles) 2006 Amendment 1
Made under section 7 of the Motor Vehicle Standards Act 1989
Explanatory Statement
Issued by the authority of the Minister for Transport and
Regional Service
October 2006
CONTENTS
1. legislative context................................................
2. content and effect of ADR 19/00 - Installation of Lighting and Light-Signalling Devices on L-Group Vehicles Amendment 1
3. consultation arrangements..........................................
- legislative context
Vehicle Standard (Australian Design Rule 19/00 — Installation of Lighting and Light-Signalling Devices on L-Group Vehicles) 2006 Amendment 1 is made under the Motor Vehicle Standards Act 1989 (the Act). The Act enables the Australian Government to establish nationally uniform standards for road vehicles when they are first supplied to the market in Australia. The Act applies to such vehicles whether they are manufactured in Australia or are imported as new or second hand vehicles.
The making of the vehicle standards necessary for the Act's effective operation is provided for in section 7, which empowers the Minister to "determine vehicle standards for road vehicles or vehicle components".
Australian Design Rule (ADR) 19/00 was originally determined in Determination of Motor Vehicle Standards Order No. 1 of 1989 and remade in Vehicle Standard (Australian Design Rule 19/00 - Installation of Lighting and Light-Signalling Devices on L-Group Vehicles) 2006.
- content and effect of ADR 19/00 - Installation of Lighting and Light-Signalling Devices on L-Group Vehicles Amendment 1
- Changes to the ADR
The changes set out in schedule 1 of the amending instrument correct typographical errors that were introduced when converting from the image scan of the original document to the format required by the Legislative Instruments Act 2003.
These changes are necessary to prevent any potential confusion when applying the vehicle standards.
- Documents Incorporated by Reference
The amending instrument does not incorporate any documents by reference (excluding the principle instrument).
- consultation arrangements
- General Consultation Arrangements
It has been longstanding practice to consult widely on proposed new or amended vehicle standards. For many years there has been active collaboration between the Federal and the State/Territory Governments, as well as consultation with industry and consumer groups. Much of the consultation takes place within institutional arrangements established for this purpose. The analysis and documentation prepared in a particular case, and the bodies consulted, depend on the degree of impact the new or amended standard is expected to have on industry or road users.
Depending on the nature of the proposed changes, consultation could involve the Technical Liaison Group (TLG), Transport Agencies Chief Executives (TACE), and the Australian Transport Council (ATC).
- TLG consists of representatives of government (Australian and State/Territory), the manufacturing and operational arms of the industry (including organisations such as the Federal Chamber of Automotive Industries and the Australian Trucking Association) and of representative organisations of consumers and road users (particularly through the Australian Automobile Association).
- TACE consists of the chief executives of Australian and State/Territory departments of transport and road vehicle administrations.
- ATC consists of the Australian, State/Territory and New Zealand Ministers with responsibility for transport issues.
Editorial changes and changes to correct errors are processed by the Department of Transport and Regional Services. This approach is only used where the amendments do not vary the intent of the vehicle standard.
New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers. Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services. Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation.
- Specific Consultation Arrangements for this Vehicle Standard
As this amending instrument corrects typographical errors, a regulation impact statement has not been prepared and no consultation has been carried out.
Overview
The Vehicle Standard (Australian Design Rule 19/00 – Installation of Lighting and Light-Signalling Devices on L-Group Vehicles) 2006 Amendment 1 was enacted in 2006 under section 7 of the Motor Vehicle Standards Act 1989. The primary objective of the Act is to establish nationally uniform standards for road vehicles supplied to the Australian market, whether manufactured domestically or imported. This legislative framework ensures that all vehicles meet consistent safety and operational standards, thereby enhancing road safety and uniformity across the country. The 2006 Amendment 1 specifically addresses and rectifies typographical errors in the original Australian Design Rule 19/00, which governs the installation of lighting and light-signalling devices on L-group vehicles. These amendments aim to prevent confusion and ensure accurate application of the vehicle standards. The amendment was made without extensive consultation as it involved only editorial and error corrections, thus not altering the intent of the original standard.
Scope and Application
The Vehicle Standard (Australian Design Rule 19/00 – Installation of Lighting and Light-Signalling Devices on L-Group Vehicles) 2006 Amendment 1 applies to road vehicles, particularly those within the L-Group category, which includes vehicles such as cars and light trucks, both newly manufactured and imported into Australia. This legislation operates under the Motor Vehicle Standards Act 1989 and ensures that all L-Group vehicles meet specific standards for the installation of lighting and light-signalling devices. The amendment corrects typographical errors introduced in the original document to avoid any confusion that might arise from these inaccuracies during the implementation of the vehicle standards. The legislative framework enables the Australian Government to enforce nationally uniform standards for road vehicles supplied in Australia, regardless of their origin. This amendment does not incorporate any new documents by reference and is an editorial correction, maintaining the intent of the original vehicle standard.
Key Provisions
The main operative sections of the Vehicle Standard (Australian Design Rule 19/00 – Installation of Lighting and Light-Signalling Devices on L-Group Vehicles) 2006 Amendment 1, as per the Explanatory Statement, pertain to correcting typographical errors that were inadvertently introduced during the conversion process from the original document to the format required by the Legislative Instruments Act 2003. Section 7 of the Motor Vehicle Standards Act 1989 empowers the Minister to determine vehicle standards, and this amendment rectifies errors to ensure clarity and accuracy in applying these standards. The changes, detailed in Schedule 1 of the amending instrument, aim to prevent confusion among the stakeholders involved, particularly those responsible for manufacturing, administration, and compliance with vehicle standards. These corrections are essential to maintain the integrity of the standards governing the installation of lighting and light-signalling devices on L-Group vehicles.
The obligations and requirements imposed by the Act on the parties and entities it governs are primarily centred around ensuring that road vehicles meet nationally uniform standards. This includes vehicles manufactured in Australia as well as those imported, whether new or second-hand. The Act mandates that vehicle components, such as lighting and light-signalling devices on L-Group vehicles, must comply with the specified Australian Design Rules (ADR). The Minister, under section 7 of the Act, has the authority to determine these standards, and the amendments ensure that the ADRs are accurately reflected without errors. For manufacturers and importers, this means adhering to the corrected standards to ensure their vehicles comply with legal requirements. For regulators and compliance officers, it means applying the standards as corrected to ensure enforcement and safety.
In terms of offences, penalties, or consequences for breach, the legislation does not explicitly outline these in the Explanatory Statement. However, under the Motor Vehicle Standards Act 1989, non-compliance with the vehicle standards can lead to various penalties. This may include fines, vehicle impoundment, or prosecution for serious offences. The specific penalties would depend on the nature and severity of the breach. For instance, manufacturing or importing vehicles that do not meet the specified standards could result in significant fines and potential legal action. For those responsible for enforcement, ensuring compliance involves regular inspections and audits to verify that vehicles adhere to the corrected ADRs. Any identified non-compliance would then be subject to the relevant penalties as stipulated by the Act.