Vehicle Standard (Australian Design Rule 3/02 - Seats and Seat Anchorages) 2005 Amendment 1

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

Legislation au F2007L00172 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 3/02 – Seats and Seat Anchorages) 2005 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

 

 

 


  1. legislative context

Vehicle Standard (Australian Design Rule 3/02 – Seats and Seat Anchorages) 2005 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 3/02 – Seats and Seat Anchorages) 2005 (ADR 3/02) was originally determined in 2005.

2.                       content and effect of THE AMENDMENT

2.1.                 Overview

The function of ADRs 3/02 is to specify requirements for seats, their attachment assemblies, their installation and any head restraint fitted, to minimise the possibility of occupant injury due to forces acting on the seat as a result of vehicle impact.

 

This amendment allows for a transition between ADR 3/02 and the later version ADR 3/03. 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 comply with a later version. This formalises the existing transition arrangements between earlier and later versions of the same vehicle standard.

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 3/03, 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 3/02 – Seats and Seat Anchorages) 2005 Amendment 1 was enacted under the Motor Vehicle Standards Act 1989 to establish uniform standards for road vehicles sold in Australia, whether manufactured domestically or imported. This amendment was introduced to formalise the transition between different versions of the same vehicle standard, specifically allowing vehicles to comply with a later version without having to adhere to an earlier one. This amendment ensures that the original intent and operation of the safety standards remain intact while providing a structured transition between versions. The legislation was developed through extensive consultation with relevant stakeholders, including federal and state/territory governments, industry representatives, and consumer groups, ensuring that the changes align with broader policy objectives aimed at enhancing road safety and vehicle standards in Australia.

Scope and Application

The Vehicle Standard (Australian Design Rule 3/02 – Seats and Seat Anchorages) 2005 Amendment 1, made under the Motor Vehicle Standards Act 1989, applies to all road vehicles supplied to the market in Australia, irrespective of whether they are manufactured domestically or imported, whether as new or second-hand vehicles. The Act facilitates the establishment of nationally uniform standards for road vehicles, ensuring safety and performance consistency across the country. The Amendment formalises transition arrangements between the original ADR 3/02 and its later version, ADR 3/03, without altering the original intent or operation of the standard. This amendment ensures that vehicles complying with the later version, ADR 3/03, are exempt from the earlier version's requirements, thereby streamlining compliance processes. Consultation for these amendments involved standard institutional arrangements, including the Technical Liaison Group, Transport Agencies Chief Executives, and the Australian Transport Council, although no specific consultation was required for this administrative update.

Key Provisions

The main operative sections of the Vehicle Standard (Australian Design Rule 3/02 – Seats and Seat Anchorages) 2005 Amendment 1 (ADR 3/02 Amendment 1) provide a transitional mechanism from ADR 3/02 to the later version ADR 3/03. Specifically, section 2 of the Amendment allows vehicles that comply with ADR 3/03 to be exempt from the requirements of ADR 3/02. This amendment does not alter the original intent or operation of the vehicle standard, but instead formalises the transition arrangements between the two versions. The Amendment imposes specific obligations on the parties governed by it. Vehicle manufacturers and importers must ensure that their vehicles comply with either ADR 3/02 or the later ADR 3/03. The Amendment allows for a streamlined compliance process by permitting vehicles that meet the more stringent requirements of ADR 3/03 to be considered compliant without needing to separately adhere to ADR 3/02. This ensures that the transition to improved safety standards does not create unnecessary regulatory burdens. The Amendment does not introduce any new offences, penalties, or civil/criminal consequences for breach. However, any failure to comply with the requirements of either ADR 3/02 or ADR 3/03 could potentially lead to enforcement actions under the Motor Vehicle Standards Act 1989. Non-compliance with the vehicle standards could result in penalties, including fines and potential vehicle recalls, as stipulated in the overarching Act. The exact penalties would depend on the specific nature and severity of the non-compliance, as outlined in other provisions of the Motor Vehicle Standards Act 1989.

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