Vehicle Standard (Australian Design Rule 19/01 – Requirements for Installation of Lighting and Light Signalling Devices on L-Group Vehicles) 2007 Amendment 1

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

Legislation au F2016L00531 Not in force Legislative Instrument

Legislation content

 

 

Vehicle Standard (Australian Design Rule 19/01 – Installation of Lighting and Light Signalling Devices on L-Group Vehicles) 2007 Amendment 1

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

Explanatory Statement

Issued by the authority of the Minister for Territories, Local Government and Major Projects

 

 

 

 

 

 

 

March 2016

 

 

CONTENTS

 

1. LEGISLATIVE CONTEXT

2. content and effect of The ADR and THE amendment

2.1. Overview of the ADR

2.2. Effect of the ADR Amendment

3. best practice regulation

3.1. Business Cost Calculator

3.2. General Consultation Arrangements

3.3. Specific Consultation Arrangements for this Vehicle Standard

3.4. Regulation Impact Statement

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

4.1. Overview of the Legislative Instrument

4.2. Human Rights Implications

4.3 Conclusion

1.                             LEGISLATIVE CONTEXT

Vehicle Standard (Australian Design Rule 19/01 – Installation of Lighting and Light Signalling Devices on L-Group Vehicles) 2007 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.

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) 19/01 was originally determined in Road Vehicle (National Standard) Determination No 3 of 1990.  It has been amended in four subsequent determinations and more recently remade as Vehicle Standard (Australian Design Rule 19/01 – Lighting and Light-Signalling Devices) 2006 to meet the requirements of the Legislative Instrument Act 2003.  It was most recently amended in 2007.

2.                             content and effect of The ADR and THE amendment

2.1. Overview of the ADR

ADR 19/01 sets out the design and installation requirements for lighting and light-signalling devices (stop lamps, direction indicators and others) for two and three wheeled road vehicles (motorcycles and motor tricycles).

2.2. Effect of the ADR Amendment

ADR 19/01 applicability table column entitled ‘Vehicles manufactured on or after’ currently lists the application date 1 Jan 1997. This is incorrect and the correct date is 1 March 1992. 

The proposed change to ADR 19/01 is to amend the applicability table to reflect the date 1 March 1992.

The original ADR text will remain unchanged.  As this amendment is intended to correct an error, the stringency of the ADR will not be increased.

3.                             best practice regulation

3.1. Business Cost Calculator

There is no expected change in cost to manufacturers, as the proposed amendment does not change the stringency of the ADR.

3.2. 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 Government 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 Strategic Vehicle Safety and Environment Group (SVSEG), Australian Motor Vehicle Certification Board (AMVCB), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Transport and Infrastructure Council (TIC).

  • SVSEG consists of senior representatives of government agencies (Australian and state/territory), the National Transport Commission and the National Heavy Vehicle Regulator, 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).
  • AMVCB consists of technical representatives of government regulatory authorities (Australian and state/territory) that deal with ADR and other general vehicle issues, and the National Transport Commission and the National Heavy Vehicle Regulator.
  • TLG consists of technical representatives of government agencies (Australian and state/territory), the National Transport Commission and the National Heavy Vehicle Regulator, the manufacturing and operational arms of the industry and of representative organisations of consumers and road users (the same organisations as represented in SVSEG).
  • TISOC consists of state and territory transport and/or infrastructure Chief Executive Officers (CEO) (or equivalents), the CEO of the National Transport Commission, New Zealand and the Australian Local Government Association.
  • The TIC consists of the Australian, state/territory and New Zealand Ministers with responsibility for transport and infrastructure issues.

Editorial changes and changes to correct errors are processed by the Department.  This approach is only used where the amendments do not vary the intent of the vehicle standard.

Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Best Practice Regulation (OBPR) as published in the Best Practice Regulation Handbook and the Council of Australian Governments Principles and Guidelines for National Standard Setting and Regulatory Action for Ministerial Councils and Standard-Setting Bodies.

3.3. Specific Consultation Arrangements for this Vehicle Standard

The error of the incorrect date in the applicability table was raised by an AMVCB member in July 2014.  As the amendment is minor in nature, is intended only to correct an error, and does not increase the stringency of the ADR, there is no need for further consultation through representative groups, TISOC, TIC, or the public comment process.

3.4. Regulation Impact Statement

As the proposed amendment does not increase the stringency of the ADR, a Regulation Impact Statement is not required.

Since the decision is made by the Minister for Territories, Local Government and Major Projects without reference to the TIC and the proposal is not considered significant, the Office of Best Practice Regulation (OBPR) requirements have been met for this regulatory proposal (OBPR Reference ID 19577).

4.                             STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

4.1. Overview of the Legislative Instrument

This amendment corrects the date 1 Jan 1997 to 1 March 1992 in the applicability table of ADR 19/01.

4.2. Human Rights Implications

This amendment to ADR 19/01 does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

4.3 Conclusion

This amendment to ADR 19/01 is compatible with human rights as it does not raise any human rights issues.

Overview

The Vehicle Standard (Australian Design Rule 19/01 – Installation of Lighting and Light Signalling Devices on L-Group Vehicles) 2007 Amendment 1 was enacted in 2016 under section 7 of the Motor Vehicle Standards Act 1989. This legislative instrument was introduced to correct an error in the application date of Australian Design Rule (ADR) 19/01, which originally listed an incorrect start date of 1 January 1997 instead of the correct date of 1 March 1992. The Motor Vehicle Standards Act 1989 empowers the Australian Government to establish uniform standards for road vehicles supplied to the market in Australia, whether manufactured domestically or imported. This Act ensures that vehicles meet specific design and installation requirements for lighting and light-signalling devices, enhancing road safety and uniformity across the nation. The amendment was made under the authority of the Minister for Territories, Local Government and Major Projects, and its primary policy objective was to rectify an administrative error without altering the regulatory stringency of ADR 19/01.

Scope and Application

The Vehicle Standard (Australian Design Rule 19/01 – Installation of Lighting and Light Signalling Devices on L-Group Vehicles) 2007 Amendment 1 is made under section 7 of the Motor Vehicle Standards Act 1989. This Act provides the legislative basis for establishing uniform standards for road vehicles supplied in Australia, encompassing both domestically manufactured and imported vehicles. The Amendment 1 pertains specifically to ADR 19/01, which sets out the design and installation requirements for lighting and light-signalling devices on two and three-wheeled vehicles such as motorcycles and motor tricycles. The Amendment corrects an error in the applicability date from 1 January 1997 to the correct date of 1 March 1992, without altering the actual requirements of the ADR. The scope of this amendment is limited to a technical correction and does not impose additional regulatory burdens or change the stringency of the existing standards. As such, it does not require a Regulation Impact Statement or additional consultation beyond the internal review process. The Amendment applies nationally across Australia, aligning with the overarching objective of the Motor Vehicle Standards Act to ensure uniformity in vehicle standards. There are no exclusions or exemptions specified in this Amendment; it is purely a rectification of an administrative error. The Amendment extends the application of ADR 19/01 to ensure compliance with the correct date for vehicles manufactured on or after 1 March 1992. The legislative process involved consultation with relevant industry and government bodies, though in this instance, the minor nature of the amendment meant that further consultation was deemed unnecessary. The compatibility with human rights has been assessed, and the amendment does not raise any human rights issues, aligning with the requirements of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The primary sections of the Vehicle Standard (Australian Design Rule 19/01 – Installation of Lighting and Light Signalling Devices on L-Group Vehicles) 2007 Amendment 1 are concerned with correcting a specific date error within the Australian Design Rule (ADR) 19/01. The amendment seeks to rectify the incorrect application date of 1 January 1997 to the correct date of 1 March 1992 in the applicability table of ADR 19/01 (section 2.2). This change is purely editorial, aimed at ensuring the accuracy of the ADR without altering the intended stringency or requirements of the original standard (section 2.1). Under this legislation, the obligations primarily rest with the manufacturers of L-group vehicles, such as motorcycles and motor tricycles, to comply with the corrected date of applicability. The amendment ensures that these vehicles manufactured on or after 1 March 1992 must adhere to the standards set forth in ADR 19/01. While the amendment does not impose new requirements on manufacturers, it necessitates that they ensure their vehicles conform to the specified date for compliance with lighting and signalling device standards (section 2.2). There are no specific offences or penalties outlined in this amendment. Given its minor nature and the fact that it does not alter the regulatory stringency, the amendment does not introduce new enforcement mechanisms or penalties for non-compliance. However, vehicles that do not meet the corrected date of applicability may still face compliance issues under the broader regulatory framework of the Motor Vehicle Standards Act 1989 (section 1). The Act generally imposes penalties for non-compliance with vehicle standards, which can include fines and other legal repercussions for manufacturers and importers found to be in breach of the standards (section 7). In summary, this amendment to ADR 19/01 is a straightforward correction of an error within the applicability table. It imposes no new obligations beyond ensuring the accuracy of the date for compliance purposes and does not introduce any new penalties or enforcement actions specific to this change.

Legal classification tags

Area of Law
Vehicle Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance Obligations
Consultation Requirements

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