Vehicle Standard (Australian Design Rule 35/02 - Commercial Vehicle Brake Systems 2007) Amendment 2

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

Legislation au F2010L00284 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 35/02 – Commercial Vehicle Brake Systems) 2007 Amendment 2

 

 

 

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 35/02 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 35/02 – Commercial Vehicle Brake Systems 2007) Amendment 2 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 35/02 Commercial Vehicle Brake Systems) 2007 (ADR 35/02) was originally determined in 2007 and was subsequently amended in 2009.

2.                       content and effect of ADR 35/02 AND AMENDMENTS

2.1.                 Overview of the ADR

The function of this vehicle standard is to ensure safe braking for commercial vehicles and large passenger vehicles under normal and emergency conditions.

2.2.                 Effect of the ADR Amendment

This amendment implements transition arrangements from this vehicle standard to a later vehicle standard. It also corrects five minor drafting errors.  The changes are as follows:

  • The provision of a transitional arrangement such that compliance to the new standard ADR 35/03 exempts a manufacturer from having to comply with ADR 35/02.
  • The correction of four clauses that are incorrectly numbered and one clause with a typographical error.  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 related to the introduction of ADR 35/03, plus some minor corrections.  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 35/02 – Commercial Vehicle Brake Systems) 2007 Amendment 2 was enacted in 2010 under the Motor Vehicle Standards Act 1989. This legislation was introduced to address the need for nationally uniform standards for road vehicles in Australia, ensuring they meet specific safety requirements. The Motor Vehicle Standards Act 1989 empowers the Minister to establish and amend vehicle standards, and this particular amendment was made to provide transition arrangements from the 2007 standard to a later one and to correct minor drafting errors. The primary objective of the Australian Design Rule (ADR) 35/02 is to ensure safe braking for commercial vehicles and large passenger vehicles under normal and emergency conditions. The 2010 amendment was designed to improve the ease of use of the ADR by implementing transition arrangements and correcting errors without altering the ADR's requirements.

Scope and Application

The Vehicle Standard (Australian Design Rule 35/02 – Commercial Vehicle Brake Systems) 2007 Amendment 2 applies to commercial vehicles and large passenger vehicles supplied to the Australian market, whether manufactured locally or imported. This amendment is made under the Motor Vehicle Standards Act 1989, which allows the Australian Government to set uniform standards for vehicles to ensure their safety and performance. The Act applies to vehicles supplied to the market in Australia, covering new and second-hand imports. The primary function of this amendment is to ensure safe braking under normal and emergency conditions by implementing transition arrangements from the original ADR 35/02 to the new standard, ADR 35/03, and to correct minor drafting errors. The changes include transitional compliance and corrections to incorrectly numbered and typographically erroneous clauses, which do not affect the ADR's requirements. As the amendments do not affect the requirements of the ADR, no increase in cost to manufacturers is expected, and no further consultation was considered necessary. This amendment adheres to best practice regulation, including consultation with various groups such as the Technical Liaison Group, Transport Agencies Chief Executives, and the Australian Transport Council, depending on the significance of the proposed changes.

Key Provisions

The Vehicle Standard (Australian Design Rule 35/02 – Commercial Vehicle Brake Systems) 2007 Amendment 2, made under the Motor Vehicle Standards Act 1989 (the Act) (s 7), outlines the necessary standards for ensuring safe braking for commercial vehicles and large passenger vehicles under normal and emergency conditions. This vehicle standard was originally determined in 2007 and subsequently amended in 2009, with the 2010 amendment focusing on providing transition arrangements and correcting minor drafting errors. The primary aim of this amendment is to streamline compliance by allowing manufacturers to meet the new standard ADR 35/03 instead of the older ADR 35/02, while also correcting four incorrectly numbered clauses and one clause with a typographical error, ensuring the requirements of the ADR remain unaffected. The obligations imposed by this vehicle standard on the parties it governs, particularly manufacturers, are to ensure that their commercial and large passenger vehicles meet the safety requirements for braking systems under both normal and emergency conditions. Manufacturers must ensure that their vehicles comply with the specified standards to avoid any potential hazards on the road. Additionally, the amendment process involves a thorough consultation mechanism that includes the Technical Liaison Group (TLG), Transport Agencies Chief Executives (TACE), and the Australian Transport Council (ATC). These consultations help in determining the impact of the proposed changes and ensuring that all relevant stakeholders are involved in the regulatory process. Breach of the vehicle standards set forth in ADR 35/02 and its amendments can lead to various consequences. Under the Motor Vehicle Standards Act 1989, non-compliance with the vehicle standards can result in penalties for manufacturers, which may include fines and other civil or criminal sanctions. The specific penalties are not detailed in the explanatory statement, but they are intended to enforce compliance with the safety standards to protect road users. The amendment itself does not introduce new offences but ensures that any existing breaches are addressed with appropriate regulatory measures. The legislative context underscores the importance of these standards in maintaining road safety, and the amendments are designed to facilitate smoother transitions and clearer compliance without imposing additional burdens on manufacturers.

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