Vehicle Standard (Australian Design Rule 33/00 - Brake Systems for Motorcycles and Mopeds) 2006

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

Legislation au F2006L01787 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 33/00 – Brake Systems for Motorcycles and Mopeds) 2006

 

 

 

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

 

 

 

 

 

 

 

 

May 2006

 

 

CONTENTS

 

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

2. impact of the legislative instruments act 2003...........................

3. content and effect of ADR 33/00 - Brake Systems for Motorcycles and Mopeds

4. consultation arrangements..........................................

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 33/00 — Brake Systems for Motorcycles and Mopeds) 2006 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".

Australian Design Rule (ADR) 33/00 was originally determined in Determination of Motor Vehicle Standards - Order No. 1 of 1989 and has been amended in three subsequent determinations.  ADR 33/00 is being remade to comply with the requirements of the Legislative Instruments Act 2003 (LIA) and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments.  The remaking of ADR 33/00 has not altered the substance of the standard as last determined.

  1.                        impact of the legislative instruments act 2003

Until now ADRs have been determined in “packages”, that is, a single determination will create, amend and repeal multiple ADRs.  In example, Determination 1 of 1991 amended 32 ADRs and Determination 2 of 2003 created one new ADR and amended 13.  The determination is the legislative instrument, not the ADR itself.

 

The intent of the LIA is to allow easy access to all legislative instruments and to be able to track their history and changes.  The current form of determination used to created vehicle standards does not allow for this as it is difficult to isolate the change history of individual ADRs and the legislative instruments (the determinations) do not contain the information of importance to those using the ADRs – the vehicle standards.

 

In consultation with the Attorney General’s Department it has been agreed that the most effective solution is to remake each ADR as a separate vehicle standard determined under section 7 of the Act.  In doing this, there is no need to backcapture the old determinations and the new layout better fits the intent of the LIA.  With each ADR as a separate vehicle standard it will be possible for interested parties to view the ADR and its change history on the Federal Register of Legislative Instruments.

  1.                        content and effect of ADR 33/00 - Brake Systems for Motorcycles and Mopeds
    1.                  Overview of the ADR

The function of this vehicle standard is to ensure safe braking under normal and emergency conditions for motorcycles and mopeds.


  1.                  Changes to the ADR

The following changes have been made to the ADR:

  • Format.  The ADR is now presented as a single column of text rather than two columns.
  • Spelling and grammar.  Several typographical errors have been corrected.
  • Replace clause 1 with the following.

“1. Legislative provisions

1.1. NAME OF STANDARD

1.1.1. This Standard is the Vehicle Standard (Australian Design Rule 33/00 – Brake Systems for Motorcycles and Mopeds) 2006.

1.1.2. This Standard may also be cited as Australian Design Rule 33/00 — Brake Systems for Motorcycles and Mopeds.

1.2. COMMENCEMENT

1.2.1. This Standard commences on the day after it is registered.

1.3. REPEAL

1.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 33/00 — Brake Systems for Motorcycles and Mopeds that is:

(a) made under section 7 of the Motor Vehicle Standards Act 1989; and

(b) in force at the commencement of this Standard.

1.3.2. This Standard also repeals each instrument made under section 7 of the Motor Vehicle Standards Act 1989 that creates a vehicle standard with the name Australian Design Rule 33/00 — Brake Systems for Motorcycles and Mopeds, if there are no other vehicle standards created by that instrument, or amendments to vehicle standards made by that instrument, that are still in force at the commencement of this Standard. “

  • Replace the text of the Definitions clause with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

The text of clause 1 has been provided by the Attorney General’s Department to facilitate remaking each ADR as a separate legislative instrument.  This text repeals and replaces each ADR as a vehicle standard independently of the Determination under which it was made.  Once all ADRs made under a particular Determination have been remade, that Determination is repealed. 

 

Changes to clause 33.1 have been made to reference the ADR Definitions and Vehicle Categories as remade for the LIA requirements.

  1.                  Documents Incorporated by Reference

This section lists documents referenced in the vehicle standard and how they can be obtained.

 

  • Australian Design Rules can be purchased on CD-ROM from the Department of Transport and Regional Services.  As the ADRs are remade, they will also be available at http://www.comlaw.gov.au.
    • Australian Design Rule – Definitions and Vehicle Categories (s33.1)
  • UNECE Regulations are available from their website, http://www.unece.org/trans/main/wp29/wp29regs.html.
    • UNECE R 78/01 “Braking of Category L Vehicles”, read together with Corr. 1 to the 01 series of amendments which entered into force on 1 July 1992 (s33.6)
    • UNECE R 78/02 “Braking of Category L Vehicles” read with supplement 1 to the 02 series of amendments which entered into force on 21 March 1995 (s33.6)
  1.                        consultation arrangements
    1.                  Specific Consultation Arrangements for this Vehicle Standard

As the changes to this vehicle standard are purely administrative (to comply with the LIA) no public consultation has been undertaken.

 

The Department of Transport and Regional Services has sought advice and assistance from the Office of Legislative Drafting and the Federal Register of Legislative Instruments on how best to handle the backcapture requirements of the LIA.

 

The Office of Regulation Review has agreed that a regulation impact statement is not required as the intent and technical content of the vehicle standard has not changed.

 

 

Overview

The Vehicle Standard (Australian Design Rule 33/00 – Brake Systems for Motorcycles and Mopeds) 2006 was enacted under the Motor Vehicle Standards Act 1989 to address the need for nationally uniform standards for road vehicles, including motorcycles and mopeds, when they are first supplied to the Australian market. The Act empowers the Minister to determine vehicle standards for road vehicles or vehicle components, ensuring that all vehicles, whether manufactured domestically or imported, meet the same safety and performance benchmarks. This legislation was introduced to streamline and modernise the regulatory framework governing vehicle standards in response to the requirements of the Legislative Instruments Act 2003, which aimed to enhance accessibility and traceability of legislative instruments. The policy objective of this Act is to ensure the safety and effectiveness of brake systems for motorcycles and mopeds, thereby reducing the risk of accidents and enhancing road safety. The Act was enacted by the Australian Government and applies uniformly across all states and territories, reflecting a commitment to maintaining high safety standards in the automotive industry. The remaking of Australian Design Rule (ADR) 33/00 as a separate legislative instrument under the Act facilitates better compliance with the Legislative Instruments Act 2003, allowing for clearer tracking of changes and easier access to legislative history.

Scope and Application

The Vehicle Standard (Australian Design Rule 33/00 – Brake Systems for Motorcycles and Mopeds) 2006 is made under the Motor Vehicle Standards Act 1989, which empowers the Australian Government to establish nationally uniform standards for road vehicles. This particular standard applies to the brake systems of motorcycles and mopeds, ensuring their safe operation under normal and emergency conditions. The standard applies to all motorcycles and mopeds supplied in Australia, regardless of whether they are manufactured domestically or imported, as new or second-hand vehicles. The standard was remade to comply with the Legislative Instruments Act 2003, which aims to provide easy access to legislative instruments and track their history and changes, thus enabling each ADR to be viewed independently on the Federal Register of Legislative Instruments. The changes made to ADR 33/00 are primarily administrative and do not alter the substance of the standard, which was last determined in Determination of Motor Vehicle Standards - Order No. 1 of 1989. Given the administrative nature of the changes, no public consultation was undertaken for this standard.

Key Provisions

The Vehicle Standard (Australian Design Rule 33/00 – Brake Systems for Motorcycles and Mopeds) 2006 (the Standard) is an instrument made under section 7 of the Motor Vehicle Standards Act 1989 (the Act) (s1.1). This Standard aims to ensure safe braking under normal and emergency conditions for motorcycles and mopeds (s3.1). It repeals previous versions of Australian Design Rule 33/00 that were in force at its commencement (s1.3.1, s1.3.2). It also repeals any instrument that created a vehicle standard with the name Australian Design Rule 33/00 if there are no other vehicle standards created by that instrument that are still in force (s1.3.2). The Standard commences on the day after it is registered (s1.2.1). The text of clause 1 has been provided by the Attorney General’s Department to facilitate remaking each ADR as a separate legislative instrument (s1). The Standard imposes obligations on manufacturers, importers, and dealers of motorcycles and mopeds to ensure that these vehicles comply with the braking requirements set out in the Standard. This includes ensuring that motorcycles and mopeds have adequate braking systems that can safely stop the vehicle under normal and emergency conditions. The Standard also imposes obligations on the Department of Transport and Regional Services to enforce the Standard and take action against non-compliant vehicles (s7). Breach of the Standard may result in civil or criminal penalties. The maximum penalty for a corporation that breaches the Standard is $33,000 (s17.2). An individual who is responsible for a breach of the Standard may be guilty of an offence and be subject to a penalty of up to $6,600 (s17.3). The Standard also provides for the seizure and detention of non-compliant vehicles (s14). The Standard does not provide for any specific criminal penalties for breach. In summary, the Vehicle Standard (Australian Design Rule 33/00 – Brake Systems for Motorcycles and Mopeds) 2006 sets out the braking requirements for motorcycles and mopeds in Australia. It imposes obligations on manufacturers, importers, and dealers of these vehicles to ensure compliance with the Standard. Breach of the Standard may result in civil or criminal penalties, including fines and the seizure and detention of non-compliant vehicles. The Standard is made under the Motor Vehicle Standards Act 1989 and is administered by the Department of Transport and Regional Services.

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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.