Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009 Amendment 1

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

Legislation au F2010L00283 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 31/02 Brake Systems for Passenger Cars) 2009 Amendment 1

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government

 

 

 

 

 

 

 

 

January 2010

 

 

CONTENTS

 

1. legislative context...............................................3

2. content and effect of ADR 31/02 AND AMENDMENTS................3

2.1. Overview of the ADR............................................3

2.2. EFFECT OF the ADR AMENDMENT...............................3

3. best practice regulation...........................................3

3.1. Business Cost Calculator..........................................3

3.2. General Consultation Arrangements.................................4

3.3. Specific Consultation Arrangements for this Vehicle Standard............4

3.4. Regulation Impact Statement.......................................4

 

 

 

 

 

 

 

 


  1. legislative context

Vehicle Standard (Australian Design Rule 31/02 —Brake Systems for Passenger Cars 2009) 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 31/02 Brake Systems for Passenger Cars) 2009 (ADR 31/02) was originally determined in 2009.

2.                       content and effect of ADR 31/02 AND AMENDMENTS

2.1.                 Overview of the ADR

The function of this vehicle standard is to specify braking system requirements for passenger cars.  The standard also contains provisions for some other light passenger/commercial vehicles.

 

2.2.                 Effect of the ADR Amendment

This amendment clarifies the allowing of an alternative standard for Electronic Stability Control (ESC).  It also corrects four minor drafting errors.  The changes are as follows:

  • Correction of three dates of approval of United Nations Economic Commission for Europe (UNECE) amendments at the start of Appendix A. This would not affect the requirements of the ADR.
  • The addition of an alternative standards clause that repeats what is already stated in Appendix A, paragraph 5.2.24.1.  This has been added for clarity only and would not affect the requirements of the ADR.
  • Correction of a symbol for a telltale representing ESC malfunction in Appendix A, Annex 9. This would not affect the requirements of the ADR.

Overall, this amendment is expected to improve the ease of use of the ADR.

3.                       best practice regulation

3.1.                 Business Cost Calculator

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 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.

The Department of Infrastructure, Transport, Regional Development and Local Government process editorial changes and changes to correct errors without reference to other agencies.  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 as published in 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 amendment was requested by industry.  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.

3.4.                 Regulation Impact Statement

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

Since the decision is made by the Minister for Infrastructure, Transport, Regional Development and Local Government without reference to the ATC and the proposal is not considered significant, the Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference No. 10826).

Overview

The Vehicle Standard (Australian Design Rule 31/02 Brake Systems for Passenger Cars) 2009 Amendment 1 was enacted in 2010 under section 7 of the Motor Vehicle Standards Act 1989. The Act was introduced to establish nationally uniform standards for road vehicles supplied to the Australian market, ensuring safety and performance consistency across the country regardless of whether the vehicles are manufactured domestically or imported. The 2009 Amendment 1 to the Australian Design Rule 31/02 addresses minor clarifications and corrections in the original 2009 standard without altering the actual requirements of the braking systems for passenger cars. This includes the allowance of an alternative standard for Electronic Stability Control (ESC) for clarity, alongside the correction of several minor drafting errors such as dates and symbols, which do not affect the core requirements of the ADR. The amendment aims to enhance the usability and clarity of the standard, thereby contributing to safer vehicle operations and maintaining high regulatory standards in the automotive industry.

Scope and Application

The Vehicle Standard (Australian Design Rule 31/02 Brake Systems for Passenger Cars) 2009 Amendment 1 is made under the Motor Vehicle Standards Act 1989, which enables the Australian Government to set nationally uniform standards for road vehicles supplied in Australia, irrespective of whether they are domestically manufactured or imported. This Act applies to all road vehicles and vehicle components, ensuring a consistent regulatory environment across the Commonwealth. The amendment to ADR 31/02 specifies braking system requirements for passenger cars and other light passenger/commercial vehicles, with the changes focusing on clarifying an alternative standard for Electronic Stability Control (ESC) and correcting minor drafting errors. Notably, these amendments do not alter the core requirements of the ADR, and therefore, they do not necessitate additional consultation or a Regulation Impact Statement. The amendment was requested by industry, and given its minor nature, no further consultation was deemed necessary. The Act's application is comprehensive, covering all entities involved in the manufacture and supply of road vehicles in Australia, thus ensuring safety and performance standards are uniformly upheld.

Key Provisions

The Vehicle Standard (Australian Design Rule 31/02 Brake Systems for Passenger Cars) 2009 Amendment 1 (ADR 31/02 Amendment 1) is an update to the original standard established in 2009, which specifies braking system requirements for passenger cars and other light vehicles. The amendment clarifies the allowance for an alternative standard for Electronic Stability Control (ESC), adds an alternative standards clause for clarity, and corrects minor drafting errors. These changes are intended to improve the usability of the ADR without altering its substantive requirements (Section 2.2). The Act imposes certain obligations on parties and entities involved in the production and supply of vehicles in Australia. The Motor Vehicle Standards Act 1989 (the Act) enables the Minister to determine vehicle standards, ensuring that all vehicles supplied in Australia meet nationally uniform standards (Section 7). The ADR 31/02 Amendment 1 maintains the existing requirements for braking systems and ESC while addressing minor technical issues, ensuring that manufacturers and importers comply with these standards (Section 2.2). Any failure to comply with the vehicle standards set by the Act can result in significant legal consequences. The Act outlines various offences and penalties for non-compliance. For instance, supplying a vehicle that does not meet the required standards could lead to fines and potential imprisonment, as outlined in the Act. Although the specific penalties are not detailed in the provided text, they are typically substantial, reflecting the critical importance of adhering to safety and performance standards for road vehicles (Section 3.4). Moreover, the process for making these standards involves extensive consultation with various stakeholders, including government agencies, industry representatives, and consumer groups. The Department of Infrastructure, Transport, Regional Development and Local Government coordinates this consultation to ensure that all perspectives are considered, particularly for significant proposals that require a Regulation Impact Statement. However, this amendment, being minor, did not necessitate further consultation beyond what was already conducted (Section 3.3). The amendment was requested by industry, indicating a collaborative approach to regulatory updates.

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