Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009 Amendment 2

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

Legislation au F2014L01220 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule 31/02 –Brake Systems for Passenger Cars) 2009 Amendment 2

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Assistant Minister for Infrastructure and Regional Development

 

 

 

 

 

 

 

August 2014

 

 


Contents

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

2. content and effect of ADR 31/02 and THE amendment..................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.................................3

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

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

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS..........5

4.1. Overview of the Legislative Instrument...............................5

4.2. Human Rights Implications........................................5

4.3. Conclusion.....................................................5

 

 

 

 

 

 

 

 


1.                       legislative context

Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009 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 31/02 – Brake Systems for Passenger Cars) 2009 (ADR 31/02) was originally determined in 2009 and was amended once in 2010.

2.                       content and effect of ADR 31/02 and THE amendment

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 implements transition arrangements from this vehicle standard to a later vehicle standard.  Under these arrangements, compliance to the new standard ADR 31/03 exempts a manufacturer from having to comply with ADR 31/02.

 

This change does not affect the original intent or operation of the standard but 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 Strategic Vehicle Safety and Environment Group (SVSEG), Australian Motor Vehicle Certification Board (AMVCB), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Transport and Infrastructure Council.

  • SVSEG consists of senior representatives of government agencies (Australian and state/territory), the National Transport Commission and the National Heavy Vehicle Regulator, 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).
  • AMVCB consists of technical representatives of government regulatory authorities (Australian and state/territory) that deal with ADR and other general vehicle issues, and the National Transport Commission and the National Heavy Vehicle Regulator.
  • TLG consists of technical representatives of government agencies (Australian and state/territory), the National Transport Commission and the National Heavy Vehicle Regulator, the manufacturing and operational arms of the industry and of representative organisations of consumers and road users (the same organisations as represented in SVSEG).
  • TISOC consists of state and territory transport and/or infrastructure Chief Executive Officers (CEO) (or equivalents), the CEO of the National Transport Commission, New Zealand and the Australian Local Government Association.
  • The Transport and Infrastructure 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 Regulation Impact Statement 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 31/03.  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 is administrative in nature and does not increase the stringency of the ADR, a RIS is not required.

 

Since the decision is made by the Assistant Minister for Infrastructure and Regional Development without reference to the Transport and Infrastructure Council and the proposal is not considered significant, the Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference ID 17329).


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 31/02 and the later version ADR 31/03.  It does not affect the original intent or operation of the standard.

4.2.                 Human Rights Implications

This amendment 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

The amendment to the ADR 31/02 is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009 Amendment 2 was enacted in 2014 under the Motor Vehicle Standards Act 1989. This legislative instrument was introduced to facilitate a smooth transition from the existing ADR 31/02 to the later ADR 31/03, without altering the original intent or operational requirements of the standard. The amendment was made to ensure that compliance with the new standard exempts manufacturers from adhering to the previous standard, thereby streamlining compliance processes. The amendment was processed by the Assistant Minister for Infrastructure and Regional Development, in line with best practice regulation principles, and was not considered significant enough to require a Regulation Impact Statement. Furthermore, the amendment does not engage any of the human rights and freedoms recognised or declared in the relevant international instruments, and is thus compatible with human rights.

Scope and Application

The Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009 Amendment 2 applies to the national motor vehicle industry, specifically to manufacturers of new road vehicles and vehicle components supplied in Australia, whether domestically manufactured or imported. This amendment was made under the Motor Vehicle Standards Act 1989, which empowers the Minister to determine vehicle standards to ensure uniformity across the country. The Act applies to new road vehicles and components, focusing on their safety and performance standards when first supplied to the market in Australia. The amendment pertains to the transition from ADR 31/02 to ADR 31/03, facilitating compliance with the newer standard while ensuring the original intent and operation of the braking system requirements remain unaffected. This administrative change does not introduce any new costs to manufacturers and was not subject to extensive consultation, given its minor nature and the lack of changes to the requirements themselves. The amendment is compatible with human rights, as it does not engage any rights recognised in the international instruments listed under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009 Amendment 2, made under the Motor Vehicle Standards Act 1989 (sections 1, 7), primarily concerns the transition from ADR 31/02 to the newer ADR 31/03 for passenger cars and some light passenger/commercial vehicles. This amendment provides a transition arrangement where compliance with the new standard, ADR 31/03, exempts manufacturers from having to comply with ADR 31/02 (section 2.2). The intent and operation of the original standard remain unchanged, but the amendment aims to improve ease of use. Entities governed by this Act, including manufacturers and importers of road vehicles, are required to ensure their vehicles meet the specified standards. The Act mandates that new vehicles supplied in Australia comply with these standards, whether manufactured domestically or imported (section 1). The primary obligation is to adhere to the specified braking system requirements outlined in ADR 31/02 and its amendments, ensuring passenger safety and vehicle performance. The Act does not explicitly outline specific penalties for non-compliance with these standards; however, under the broader Motor Vehicle Standards Act 1989, penalties for non-compliance can be severe. These may include fines, vehicle impoundment, and in some cases, criminal charges for serious breaches that endanger public safety. The exact penalties depend on the severity of the non-compliance and the specific provisions of the Act that are contravened. Additionally, failure to comply with human rights provisions, although not explicitly detailed in this particular amendment, could lead to legal actions under the Human Rights (Parliamentary Scrutiny) Act 2011, potentially resulting in civil penalties or other legal consequences.

Legal classification tags

Area of Law
Commercial Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Reporting & Disclosure Obligations
Consultation Requirements

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.