Vehicle Standard (Australian Design Rule 2/00 – Side Door Latches and Hinges) 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
December 2006
CONTENTS
1. legislative context...............................................3
2. content and effect of THE AMENDMENT............................3
3. consultation arrangements.........................................3
- legislative context
Vehicle Standard (Australian Design Rule 2/00 – Side Door Latches and Hinges) 2006 Amendment1 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".
Vehicle Standard (Australian Design Rule 2/00 – Side Door Latches and Hinges) 2006 (ADR 2/00) was originally determined in 2006.
2. content and effect of THE AMENDMENT
2.1. Overview
The function of ADR 2/00 is to specify requirements for side door retention components including latches, hinges, and other supporting means to minimise the likelihood of occupants being thrown from a vehicle as a result of impact.
This amendment allows for a transition between ADR 2/00 and the later version ADR 2/01. The changes do not affect the original intent or operation of the standard.
2.2. Changes
This amendment exempts vehicles from having to comply with an earlier version of a vehicle standard where they either comply with the later version, or where the later version no longer requires the vehicle type to comply. In the latter case, vehicles are no longer required to comply with the earlier version from the date when the later version commenced. Although this date is retrospective, it represents a relaxation in requirements and so would not adversely affect any party.
3. consultation arrangements
3.1. 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 settled by agreement between the Department of Transport and Regional Services and the National Transport Commission. This process is only invoked 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.
3.2. Specific Consultation Arrangements for these Vehicle Standards
The changes are administrative in nature only and are covered by the Regulation Impact Statement for ADR 2/01, the later version of this vehicle standard. The changes do not affect the original intent or operation of the standard and so no consultation has been necessary.
Overview
The Vehicle Standard (Australian Design Rule 2/00 – Side Door Latches and Hinges) 2006 Amendment 1 was enacted under the Motor Vehicle Standards Act 1989 to address issues related to the uniformity and effectiveness of side door latches and hinges in road vehicles. This Act empowers the Australian Government to establish uniform standards for road vehicles supplied in Australia, irrespective of whether they are manufactured domestically or imported. Section 7 of the Act specifically allows the Minister to determine vehicle standards, including those for vehicle components. The 2006 Amendment 1 to ADR 2/00 serves to facilitate a transition between ADR 2/00 and its subsequent version, ADR 2/01, without altering the core intent or operational requirements of the original standard. The amendment introduces a relaxation of compliance requirements by exempting vehicles from adhering to the earlier standard if they comply with the later version or if the later version no longer mandates compliance for the specific vehicle type. This amendment was introduced to streamline regulatory requirements and ensure that vehicles meet the most current safety standards without unnecessary burdens.
The amendment process involved extensive consultation as per longstanding practices under the Act, although the specific changes in this amendment were administrative and did not necessitate additional consultation. The consultation process typically includes collaboration between federal and state/territory governments, industry, and consumer groups. For significant changes that increase the stringency of existing standards, the Australian Transport Council, comprising ministers from Australia, its states, and New Zealand, must vote on the new standards. This amendment, however, being administrative, falls outside the scope of these formal consultation processes and was covered under the Regulation Impact Statement for ADR 2/01.
Scope and Application
The Vehicle Standard (Australian Design Rule 2/00 – Side Door Latches and Hinges) 2006 Amendment 1 is an amendment made under the Motor Vehicle Standards Act 1989. This Act allows the Australian Government to set nationally uniform standards for road vehicles when they are first supplied to the market in Australia, whether manufactured locally or imported as new or second-hand vehicles. The amendment applies to any road vehicle subject to the Australian Design Rule 2/00, which specifies requirements for side door retention components to minimise the risk of occupants being thrown from a vehicle during an impact. The amendment allows for a transition between ADR 2/00 and the later version, ADR 2/01, by exempting vehicles from having to comply with an earlier version if they either comply with the later version or where the later version no longer requires the vehicle type to comply. This amendment does not affect the original intent or operation of the standard and has been made without further consultation as it is administrative in nature only.
Key Provisions
The Vehicle Standard (Australian Design Rule 2/00 – Side Door Latches and Hinges) 2006 Amendment 1 (ADR 2/00 Amendment 1) is made under the Motor Vehicle Standards Act 1989 (the Act) and provides for amendments to the original 2006 standards. These amendments were designed to ensure consistency and clarity in compliance requirements for side door retention components in vehicles, including latches, hinges, and supporting means, ensuring occupant safety in the event of an impact (s. 7). The amendment allows for a transition between ADR 2/00 and the later version ADR 2/01, without altering the original intent or operation of the standard. Specifically, it provides that vehicles are exempt from having to comply with the earlier version of the vehicle standard if they either comply with the later version or if the later version no longer requires the vehicle type to comply.
The primary obligation under this amendment is for vehicle manufacturers, importers, and dealers to ensure that vehicles comply with the applicable version of the ADR 2/00 standard. Manufacturers and importers must ensure that vehicles supplied in Australia meet the relevant standards, whether the vehicles are manufactured domestically or imported. Dealers must also ensure that vehicles they supply to consumers meet the applicable standards. This obligation extends to any vehicle type subject to the ADR 2/00 standard, including cars, light commercial vehicles, and buses.
There are no specific offences, penalties, or civil/criminal consequences outlined in the amendment itself for non-compliance with the ADR 2/00 standards. However, under the Motor Vehicle Standards Act 1989, non-compliance with vehicle standards can result in significant penalties. For example, supplying a vehicle that does not comply with a prescribed standard can result in a fine of up to $16,500 for an individual and $82,500 for a body corporate, as well as potential disqualification from operating a motor vehicle business. Additionally, under the Australian Consumer Law, supplying a vehicle that does not meet safety standards can be considered misleading or deceptive conduct, which can attract further penalties and legal action from consumers.