Vehicle Standard (Australian Design Rule 34/01 - Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 Amendment 1

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

Legislation au F2012L01075 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule 34/01 – Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 Amendment 1

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Parliamentary Secretary for Infrastructure and Transport

 

 

 

 

 

 

 

April 2012

 

 


Contents

1. legislative context

2. content and effect of ADR 34/01 and THE amendment

2.1. Overview of the ADR

2.2. Effect of the ADR Amendment

3. best practice regulation

3.1. Business Cost Calculator

3.2. General Consultation Arrangements

3.3. Specific Consultation Arrangements for this Vehicle Standard

3.4. Regulation Impact Statement

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

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 34/01 – Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 Amendment 1 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 34/01 — Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 (ADR 34/01) was originally determined in 2005.

2.                       content and effect of ADR 34/01 and THE amendment

2.1.                 Overview of the ADR

The function of ADR 34/01 is to specify requirements for child restraint anchorages and their fittings so that child restraints may be adequately secured to the vehicle.  It specifies a standard package of fitting hardware and accessibility requirements to facilitate correct installation and interchangeability of child restraints.

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 34/02 exempts a manufacturer from having to comply with ADR 34/01.

 

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), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Standing Council on Transport and Infrastructure (SCOTI).

  • SVSEG consists of senior 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).
  • TLG consists of technical representatives of government (Australian and state/territory), 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.
  • SCOTI 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 Transport.  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 (RIS) 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

This amendment is related to the introduction of ADR 34/02.  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 Minister/Parliamentary Secretary for Infrastructure and Transport without reference to the SCOTI and the proposal is not considered significant, the Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference No. 13769).

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 34/01 and the later version ADR 34/02.  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 34/01 is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Vehicle Standard (Australian Design Rule 34/01 – Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 Amendment 1 was enacted in 2012 under the authority of the Motor Vehicle Standards Act 1989. This legislation was introduced to address the need for updated child restraint anchorage standards, facilitating a smoother transition from the original ADR 34/01 to the more recent ADR 34/02. The Act enables the Australian Government to establish uniform standards for new road vehicles supplied in Australia, whether manufactured domestically or imported. The Act's primary purpose is to ensure the safety of road vehicles and their components by setting and enforcing these standards. The amendment introduces transition arrangements from ADR 34/01 to ADR 34/02, allowing manufacturers to comply with the new standard while exempting them from the older one, without altering the original intent or operation of the standard. This change aims to improve the ease of use and interchangeability of child restraints in vehicles. Given the minor nature of the amendment, extensive consultation was deemed unnecessary, and no additional costs are expected for manufacturers. The amendment has been assessed as compatible with human rights, as it does not engage any rights recognised or declared in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Vehicle Standard (Australian Design Rule 34/01 – Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 Amendment 1 is a legislative instrument made under the Motor Vehicle Standards Act 1989, which empowers the Australian Government to establish uniform standards for new road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported. This Act applies to road vehicles and their components, ensuring that child restraint anchorages and their fittings meet specific requirements to ensure child restraints can be adequately secured to vehicles. The amendment in question implements transition arrangements from ADR 34/01 to the subsequent standard, ADR 34/02, allowing manufacturers to comply with the newer standard while exempting them from the older one. Despite the transition, the amendment does not alter the original intent or operation of the standard but is intended to improve ease of use. Given that this amendment is administrative and does not increase the stringency of the ADR, a Regulation Impact Statement was not required. Additionally, the amendment is compatible with human rights, as it does not engage any of the rights recognised or declared in the international instruments listed under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Vehicle Standard (Australian Design Rule 34/01 – Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 Amendment 1 (ADR 34/01 Amendment) is an update to the original standard established in 2005 under section 7 of the Motor Vehicle Standards Act 1989 (section 7). The amendment is designed to implement transition arrangements from ADR 34/01 to a later vehicle standard, ADR 34/02. It specifies requirements for child restraint anchorages and their fittings, ensuring that child restraints can be adequately secured to the vehicle. The amendment also specifies a standard package of fitting hardware and accessibility requirements to facilitate correct installation and interchangeability of child restraints. This amendment does not affect the original intent or operation of the standard but is expected to improve the ease of use of the ADR. The Act imposes obligations on manufacturers of new road vehicles to comply with the vehicle standards, whether the vehicles are manufactured in Australia or imported. For ADR 34/01, this means ensuring that child restraint anchorages and fittings meet the specified requirements. The amendment, in particular, mandates that compliance with the new standard ADR 34/02 exempts manufacturers from having to comply with ADR 34/01. This transition aims to simplify compliance for manufacturers without altering the safety standards for child restraints in vehicles. There are no specific offences or penalties outlined in the ADR 34/01 Amendment itself. However, under the Motor Vehicle Standards Act 1989, failure to comply with vehicle standards can result in civil or criminal penalties. These may include fines and, in severe cases, criminal charges for non-compliance with safety standards that result in harm. The precise penalties would be determined by the courts based on the nature and extent of the non-compliance and any resultant harm. The amendment's administrative nature and its focus on facilitating compliance mean that it does not introduce new penalties but rather ensures smoother transition and compliance with safety standards.

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