Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 Amendment 2

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

Legislation au F2017L01355 Not in force Legislative Instrument

Legislation content

 

Vehicle Standard (Australian Design Rule 3/03 Seats and Seat Anchorages) 2006 Amendment 2

 

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

Issued by the authority of the Minister for Urban Infrastructure

 

 

 

 

 

September 2017

 

 


CONTENTS

 

1. LEGISLATIVE CONTEXT

2. CONTENT AND EFFECT OF ADR 3/03 AND THE AMENDMENT

2.1. Overview of the ADR

2.2. Effect of the Amendment

3. BEST PRACTICE REGULATION

3.1. Benefits and Costs

3.2. General Consultation Arrangements

3.3. Specific Consultation Arrangements for this Vehicle Standard

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 3/03Seats and Seat Anchorages) 2006 Amendment 2 is made under the Motor Vehicle Standards Act 1989 (the Act).  The Act enables the Australian Government to establish nationally uniform standards that apply to new 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 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".

Vehicle Standard (Australian Design Rule 3/03Seats and Seat Anchorages) 2006 (ADR 3/03) was originally determined in 2006 and has been amended once before.

2.                       CONTENT AND EFFECT OF ADR 3/03 AND THE AMENDMENT

2.1.                 Overview of the ADR

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.

2.2.                 Effect of the Amendment

This amendment implements transition arrangements from this vehicle standard to a later vehicle standard.  Under these arrangements, compliance to the new standard ADR 3/04 exempts a manufacturer from having to comply with ADR 3/03.

This change does not affect the original intent of the standard but is essential to allow its correct operation in conjunction with ADR 3/04.

3.                       BEST PRACTICE REGULATION

3.1.                 Benefits and Costs

There is no expected increase in cost to manufacturers, as the proposed amendments do not affect the requirements 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 Commonwealth 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), Strategic Vehicle Safety and Environment Group (SVSEG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Transport and Infrastructure Council (the Council).

  • TLG consists of technical 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).
  • SVSEG consists of senior representatives of government (Australian and state/territory), the manufacturing and operational arms of the industry and of representative organisations of consumers and road users (at a higher level within each organisation as represented in TLG).
  • TISOC consists of state and territory transport and/or infrastructure Chief Executive Officers (CEOs) (or equivalents), the CEO of the National Transport Commission, New Zealand and the Australian Local Government Association.
  • The Council 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 of Infrastructure and Regional Development.  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 RIS meeting the requirements of the Office of Best Practice Regulation (OBPR) as published in the Australian Government Guide to Regulation and the Council of Australian Governments Best Practice Regulation: A Guide for Ministerial Councils and National Standard Setting Bodies.

3.3.                 Specific Consultation Arrangements for this Vehicle Standard

This amendment is related to the introduction of ADR 3/04.  As it is minor in nature, and does not affect the requirements of the ADR, further consultation was not considered necessary and so not carried out.

As the amendment is purely administrative in nature and does not increase the stringency of the ADR, a RIS is not required.


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 allows for a transition between ADR 3/03 and the later version ADR 3/04.  It does not affect the original intent or operation of the standard.

4.2.                 Human Rights Implications

This amendment to ADR 3/03 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 3/03 is compatible with human rights, as it does not raise any human rights issues.

Overview

The Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 Amendment 2, enacted under the Motor Vehicle Standards Act 1989, is an administrative update designed to facilitate the transition from the existing Australian Design Rule 3/03 to the newer ADR 3/04. This amendment was introduced to ensure that compliance with the newer standard exempts manufacturers from adhering to the older one, thereby streamlining compliance requirements without altering the core intent of the original standard. The amendment was made under the authority of the Minister for Urban Infrastructure and aims to maintain the effectiveness of the vehicle standards regime in conjunction with the new ADR 3/04. The amendment process involved minimal consultation due to its administrative nature, and it does not impose additional costs on manufacturers or affect the operational requirements of the ADR. Additionally, the amendment has been assessed for compatibility with human rights, concluding that it does not raise any human rights issues.

Scope and Application

The Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 Amendment 2 is made under the Motor Vehicle Standards Act 1989, which allows the Australian Government to establish nationally uniform standards for new road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported. This legislation applies to vehicle manufacturers and importers, focusing on the design, installation, and head restraints of vehicle seats to minimise occupant injury in the event of a vehicle impact. The amendment introduces transition arrangements allowing compliance with the new ADR 3/04 to exempt manufacturers from ADR 3/03 compliance, ensuring the standards operate correctly together without increasing costs to manufacturers. The process of creating these vehicle standards involves extensive consultation with the Technical Liaison Group, Strategic Vehicle Safety and Environment Group, Transport and Infrastructure Senior Officials’ Committee, and the Transport and Infrastructure Council, ensuring broad stakeholder input. This amendment is deemed minor and administrative, thus not requiring further consultation or a Regulatory Impact Statement. Moreover, the amendment is compatible with human rights as it does not affect the fundamental rights and freedoms recognised in relevant international instruments.

Key Provisions

The Vehicle Standard (Australian Design Rule 3/03 – Seats and Seat Anchorages) 2006 Amendment 2 (ADR 3/03 Amendment 2) implements transition arrangements from ADR 3/03 to a later vehicle standard, specifically ADR 3/04. The original intent of ADR 3/03, which specifies requirements for seats, their attachment assemblies, their installation, and any head restraints to minimise occupant injury due to forces acting on the seat as a result of vehicle impact, remains unaffected. The amendment, which does not alter the requirements of the ADR, ensures that compliance with ADR 3/04 exempts a manufacturer from having to comply with ADR 3/03, facilitating the transition between the two standards (section 2.2). Under the Motor Vehicle Standards Act 1989 (section 7), the Minister for Urban Infrastructure is empowered to determine vehicle standards for road vehicles or vehicle components. The Act applies to new road vehicles, whether manufactured in Australia or imported. The amendment to ADR 3/03 follows longstanding practices of wide consultation on proposed vehicle standards, including collaboration between the Commonwealth and state/territory governments, and consultation with industry and consumer groups. Given that the amendment is minor and does not increase the stringency of the ADR, further consultation was deemed unnecessary. The ADR 3/03 Amendment 2 does not impose any additional obligations or requirements on parties or entities beyond those already set out in ADR 3/03. The primary focus of the amendment is administrative, allowing for a smooth transition to ADR 3/04 without increasing costs to manufacturers or affecting the intent of the original standard. There are no specific offences, penalties, or civil/criminal consequences outlined for breach of the ADR 3/03 Amendment 2 in the document. The amendment’s focus is on facilitating compliance with the new ADR 3/04 without introducing new enforcement measures. The amendment is compatible with human rights, as it does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

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