Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 Amendment 1

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

Legislation au F2007L00185 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 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

 

 

 


  1. legislative context

Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 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".

Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 (ADR 3/03) was originally determined in 2006.

2.                       content and effect of THE AMENDMENT

2.1.                 Overview

The function of ADR 3/03 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 corrects an error in the text of ADR 3/03. The change does not affect the original intent of the standard.

2.2.                 Changes

The change ensures that child restraint requirements are the same in both the main body of the text and where an alternative standard is being referenced.

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 this Vehicle Standard

The changes to this vehicle standard are to correct minor errors only and do not vary the intent of the standard. As a result, no consultation has been necessary.

 

Overview

The Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 Amendment 1, enacted in 2006 under the Motor Vehicle Standards Act 1989, addresses an error within the original ADR 3/03 standard. The Act, which was introduced by the Australian Government, seeks to establish uniform standards for road vehicles supplied to the market in Australia, whether manufactured domestically or imported. This particular amendment was necessitated to correct an inconsistency in child restraint requirements between the main body of the ADR 3/03 text and a referenced alternative standard, without altering the original intent to minimise occupant injury due to forces acting on seats during vehicle impacts. The amendment was made without necessitating additional consultation due to its minor nature and alignment with the original policy objectives.

Scope and Application

The Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 Amendment 1 is an amendment to the Motor Vehicle Standards Act 1989, which sets nationally uniform standards for road vehicles supplied in Australia. This legislation applies to all road vehicles, whether manufactured domestically or imported, to ensure that they meet specific safety standards. The primary focus of the original ADR 3/03, and subsequently this amendment, is to specify requirements for seats, their attachment assemblies, installation, and any head restraints, aiming to minimise occupant injury during vehicle impacts. The amendment rectifies an error in the original rule, specifically aligning child restraint requirements across the text and referenced alternative standards, without altering the original intent of the regulation. This amendment does not require consultation because it involves only minor editorial changes and does not affect the standard's intent. Consultation typically occurs for new or significant changes, involving entities like the Technical Liaison Group, Transport Agencies Chief Executives, and the Australian Transport Council, depending on the potential impact on industry and road users.

Key Provisions

The main operative sections of the Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 Amendment 1 pertain to the correction of a textual error within the original ADR 3/03. The amendment (section 2.2) ensures consistency in the child restraint requirements by aligning them in both the main text and the referenced alternative standard. This correction does not alter the original intent of the standard, which is to specify requirements for seats, their attachment assemblies, their installation, and any head restraints to minimise occupant injury due to forces acting on the seat during vehicle impacts. The obligations imposed by this amendment on the parties and entities governed by the Motor Vehicle Standards Act 1989 (section 7) primarily concern compliance with the corrected standards. Manufacturers and importers of vehicles must ensure that the seats, their attachment assemblies, installation, and head restraints meet the specified requirements in ADR 3/03. This includes adhering to the consistent child restraint requirements as corrected by this amendment. Road safety authorities and relevant industry bodies are also expected to apply and enforce these standards uniformly across the board. The amendment does not introduce new offences or penalties, as it is merely a correction of an existing error. However, failure to comply with the corrected standards could lead to vehicles not meeting the required safety benchmarks, potentially resulting in civil consequences such as fines or recalls. Additionally, vehicles that do not meet these standards may face issues during safety inspections or homologation, which could impact their sale and operation in the Australian market. The penalties for non-compliance would align with those outlined in the overarching Motor Vehicle Standards Act 1989, which may include fines and other civil remedies for violations.

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