Vehicle Standard (Australian Design Rule 33/01 – Brake Systems for Motorcycles and Mopeds) 2017

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

Legislation au F2017L01554 In force Legislative Instrument

Legislation content

 

Vehicle Standard (Australian Design Rule 33/01 – Brake Systems for Motorcycles and Mopeds) 2017

 

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

Replacement Explanatory Statement

 

 

 

 

 

 

Issued by the authority of the Minister for Urban Infrastructure and Cities

 

 

 

 

 

February 2018

 

 

CONTENTS

 

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

2. content and effect of ADR 33/01...................................3

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

2.2. Effect of the ADR..............................................3

2.3. Incorporated Documents.........................................3

3. best practice regulation..........................................4

3.1. Business Cost Calculator.........................................4

3.2. General Consultation Arrangements................................5

3.3. Specific Consultation Arrangements for this Vehicle Standard...........6

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS........6

4.1. Overview of the Legislative Instrument.............................6

4.2. Human Rights Implications.......................................6

4.3. Conclusion....................................................6

 


  1. LEGISLATIVE CONTEXT

Vehicle Standard (Australian Design Rule 33/01 – Brake Systems for Motorcycles and Mopeds) 2017 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 33/01 – Brake Systems for Motorcycles and Mopeds) 2017 (ADR 33/01) replaces ADR 33/00 2007.

2.                       CONTENT AND EFFECT OF ADR 33/01 – BRAKE SYSTEMS FOR MOTORCYCLES AND MOPEDS

2.1.                 Overview of the ADR

The function of this standard is to ensure safe braking under normal and emergency conditions for motorcycles (ADR categories LC, LD and LE) and mopeds (ADR categories LA and LB). It will apply to new model vehicles of these categories from 1 November 2019 and all new vehicles of these categories from 1 November 2021.

The standard is based upon United Nations (UN) Regulation No. 78.

2.2.                 Effect of the ADR

The standard is being made to set mandatory requirements for advanced braking systems. Advanced braking systems include Anti-lock Braking Systems (ABS) and Combined Braking Systems (CBS).

The standard is expected to reduce the cost of road trauma, particularly in relation to serious and fatal motorcyclist injury.

2.3.                 Incorporated Documents

The ADR incorporates references to a number of standards of a highly technical nature. These standards are typically accessed by vehicle manufacturers and test facilities as part of their professional library.

Clause 7 of the ADR incorporates references to international standards UN Regulation No 78 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF VEHICLES OF CATEGORIES L1, L2, L3, L4 AND L5 WITH REGARD TO BRAKING (R 78) and UN Global Technical Regulation No. 3 – MOTORCYCLE BRAKE SYSTEMS (GTR 3).  These standards specify equivalent requirements and test methods to Appendix A of the ADR.

Appendix A of the ADR incorporates references to the Consolidated Resolution on the Construction of Vehicles (R.E.3.) – document TRANS/WP.29/78/Rev.1/Amend.2 as last amended by Amend.4, Regulation No. 10 (R 10), ISO 7117:1995, ISO 2575:2010/Amd1:2011 (ISO 7000-2623), ASTM E1136-93 and ASTM E1337-90.

In accordance with subsections 14(1)(b) and 14(2) of the Legislation Act 2003 these standards are incorporated as in force at the commencement of the Determination.

The Consolidated Resolution on the Construction of Vehicles (R.E.3.), the UN Regulations (including R 10 and R 78) and the UN Global Technical Regulations (including GTR 3) are international standards, which may be freely accessed online through the UN World Forum for the Harmonization of Vehicle Regulations (WP.29). The WP.29 website is www.unece.org/trans/main/welcwp29.html.

ISO 7117:1995 (which specifies a method for determining the maximum speed of a motorcycle) and ISO 2575:2010/Amd1:2011 (which specifies conventional symbols for vehicle controls, indicators and tell-tales) are available for purchase only, through the International Organization for Standardization (ISO).  However, these are optional standards, typically accessed by vehicle manufacturers and test facilities as part of their professional library, and alternative methods and requirements are specified directly in the text of Appendix A of the ADR.  Further, the ISO 7000-2623 symbol referred to in Appendix A of the ADR (symbol B.18 as specified in ISO 2575:2010/Amd1:2011), is reproduced below:

ASTM E1136-93 (which specifies a standard reference test tyre) and ASTM E1337-90 (which specifies a method for determining the peak braking coefficient of road test surfaces) may be freely accessed online through the ASTM International Reading Room.  This requires the user to register using an email and password. The ASTM International Reading Room website is www.astm.org/readinglibrary/.

3.                       BEST PRACTICE REGULATION

3.1.                 Business Cost Calculator

There are costs associated with mandating the ADR but as indicated by the Regulation Impact Statement (RIS) these are significantly outweighed by benefits.  Overall, the new ADR will provide a reduction in road trauma estimated at a total of 580 lives saved from a 15 year period of regulation.  Net benefits will be $1.66 billion.

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) and the Australian Motor Vehicle Certification Board (AMVCB), the Strategic Vehicle Safety and Environment Group (SVSEG) and the Austroads Safe Vehicles Theme Group (SVTG), the 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). AMVCB consists of the government members of TLG.
  • 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). SVTG consists of the government members of SVSEG.
  • 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, Regional Development and Cities.  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

State and territory governments, industry and road user groups have been consulted using the established consultation mechanisms for the development of the ADRs. In addition, the Department conducted preliminary consultation meetings with motorcycling interest groups to discuss the results of commissioned research on the topic. The Department subsequently released a public discussion paper for comment.

In accordance with OBPR requirements, a consultation RIS was then released for a six-week public consultation period in May 2017. The RIS conforms to requirements established by the OBPR for regulatory proposals where the decision maker is the Australian Government’s Cabinet, the Prime Minister, minister, statutory authority, board or other regulator. The OBPR reference number for the RIS is 22202.

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

ADR 33/01 is a new standard.  It sets mandatory requirements for advanced braking systems to ensure safe braking under normal and emergency conditions for motorcycles (ADR categories LC, LD and LE) and mopeds (ADR categories LA and LB).

4.2.                 Human Rights Implications

ADR 33/01 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

ADR 33/01 is compatible with human rights as it does not raise any human rights issues.

Overview

The Motor Vehicle Standards Act 1989 was enacted to establish nationally uniform standards for road vehicles supplied in Australia, ensuring safety and consistency regardless of whether the vehicles are manufactured locally or imported. Under section 7 of the Act, the Minister for Urban Infrastructure and Cities has the authority to determine vehicle standards for road vehicles or vehicle components. The Vehicle Standard (Australian Design Rule 33/01 – Brake Systems for Motorcycles and Mopeds) 2017, made under this Act, addresses the gap in safety standards for motorcycles and mopeds by setting mandatory requirements for advanced braking systems, such as Anti-lock Braking Systems (ABS) and Combined Braking Systems (CBS). This standard aims to reduce the incidence of serious and fatal injuries resulting from road trauma. The policy objective of this regulation is to enhance road safety by mandating improved braking systems, which is expected to significantly reduce road accidents and related fatalities. The Australian Government, through the Minister for Urban Infrastructure and Cities, is responsible for enacting this standard, which incorporates references to international standards to ensure global alignment and effectiveness.

Scope and Application

The Vehicle Standard (Australian Design Rule 33/01 – Brake Systems for Motorcycles and Mopeds) 2017 applies to new model motorcycles and mopeds that fall under the ADR categories LC, LD, LE, LA, and LB, with full application expected from 1 November 2021. This standard is established under the Motor Vehicle Standards Act 1989, which provides for nationally uniform standards for new road vehicles supplied in Australia, irrespective of whether they are manufactured domestically or imported. The Act empowers the Minister to determine vehicle standards, and this particular standard, ADR 33/01, replaces the previous ADR 33/00 2007. The primary purpose of ADR 33/01 is to mandate advanced braking systems, including Anti-lock Braking Systems (ABS) and Combined Braking Systems (CBS), to ensure safer braking under normal and emergency conditions, thereby reducing the incidence of serious and fatal injuries among motorcyclists. The regulation incorporates references to international standards such as UN Regulation No 78 and UN Global Technical Regulation No. 3, among others, and these standards are incorporated as in force at the commencement of the determination. The regulation extends across the Commonwealth of Australia and is developed through extensive consultation with state and territory governments, industry stakeholders, and road user groups, ensuring that the standard is both practical and effective in addressing road safety concerns.

Key Provisions

The Vehicle Standard (Australian Design Rule 33/01 – Brake Systems for Motorcycles and Mopeds) 2017 (ADR 33/01) is established under the Motor Vehicle Standards Act 1989. This legislation mandates safety standards for new motorcycles and mopeds to ensure safe braking under normal and emergency conditions. Specifically, ADR 33/01 requires advanced braking systems, including Anti-lock Braking Systems (ABS) and Combined Braking Systems (CBS), for motorcycles and mopeds. It applies to new model vehicles from November 2019 and all new vehicles from November 2021. The standard is based on United Nations Regulation No. 78 and is designed to reduce road trauma, particularly serious and fatal injuries among motorcyclists. ADR 33/01 imposes several obligations on motorcycle and moped manufacturers. Manufacturers must ensure that their products meet the safety standards outlined in the ADR, including the implementation of advanced braking systems. This standard is expected to enhance the safety of these vehicles by improving their braking capabilities. The ADR incorporates references to various technical standards, such as UN Regulation No. 78 and ISO 7117:1995, which manufacturers must comply with to meet the regulatory requirements. Furthermore, the ADR includes specific test methods and requirements, as detailed in Appendix A, which manufacturers must adhere to during the development and testing phases of their vehicles. There are no explicit offences, penalties, or civil/criminal consequences mentioned for breaches of ADR 33/01 in the provided text. However, the Motor Vehicle Standards Act 1989 generally provides for enforcement actions against non-compliance. These actions may include fines, recalls of non-compliant vehicles, and other regulatory measures to ensure adherence to the standards. Although the specific penalties for violating ADR 33/01 are not detailed in the text, the overarching legislative framework suggests that significant consequences may apply for non-compliance with vehicle safety standards.

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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.