Vehicle Standard (Australian Design Rule 35/03 - Commercial Vehicle Brake Systems) 2009 Amendment 1

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

Legislation au F2014L01221 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule 35/03 – Commercial Vehicle Brake Systems) 2009 Amendment 1

 

 

 

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 35/03 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 35/03 – Commercial Vehicle Brake Systems) 2009 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 35/03 – Commercial Vehicle Brake Systems) 2009 (ADR 35/03) was originally determined in 2009 and has never been amended.

2.                       content and effect of ADR 35/03 and THE amendment

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.  The standard also contains provisions for some 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 35/04 exempts a manufacturer from having to comply with ADR 35/03.

 

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 35/04.  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 35/03 and the later version ADR 35/04.  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 35/03 is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Vehicle Standard (Australian Design Rule 35/03 – Commercial Vehicle Brake Systems) 2009 Amendment 1 was enacted in 2014 under the Motor Vehicle Standards Act 1989, addressing the need for a seamless transition from one Australian Design Rule (ADR) to another, specifically from ADR 35/03 to ADR 35/04, without altering the safety intent of the standard. This amendment was introduced to ensure that compliance with the newer ADR 35/04 would exempt manufacturers from needing to comply with the older ADR 35/03, thus enhancing the practicality and ease of adherence to the standards. The policy objective is to maintain high safety standards while facilitating smoother transitions between different ADRs for commercial and large passenger vehicles, which was achieved through extensive consultation with various stakeholders and adherence to best practice regulation principles. The Australian Government, through the Assistant Minister for Infrastructure and Regional Development, ensured that this amendment was compatible with human rights as it did not introduce any new requirements that could affect the safety or rights of individuals.

Scope and Application

The Vehicle Standard (Australian Design Rule 35/03 – Commercial Vehicle Brake Systems) 2009 Amendment 1 applies to commercial vehicles, large passenger vehicles, and some light passenger/commercial vehicles in Australia. It ensures the safe operation of these vehicles under normal and emergency braking conditions. This amendment is made under the Motor Vehicle Standards Act 1989, which enables the establishment of uniform national standards for new road vehicles supplied in Australia, whether manufactured locally or imported. The amendment facilitates a transition to a new standard (ADR 35/04), exempting manufacturers from compliance with ADR 35/03 if they adhere to the new standard. The amendment does not alter the intent or operation of the original standard but aims to enhance the ease of compliance for manufacturers. There are no expected costs to manufacturers due to this change. The amendment does not require additional consultation as it is minor and does not affect the requirements of the ADR. However, broader consultation practices involving various government bodies, industry, and consumer groups are standard for significant vehicle standard proposals. The amendment has been reviewed for compatibility with human rights, concluding that it does not engage any human rights issues as recognised by international instruments.

Key Provisions

The Vehicle Standard (Australian Design Rule 35/03 – Commercial Vehicle Brake Systems) 2009 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, sets out the transition arrangements from ADR 35/03 to ADR 35/04, providing a pathway for manufacturers to comply with the newer standard while ensuring that the original intent and operation of the brake system standards remain unchanged. Section 7 of the Act empowers the Minister to determine vehicle standards for road vehicles or vehicle components, ensuring that the new vehicles meet safety standards. ADR 35/03, originally determined in 2009, focuses on ensuring safe braking for commercial and large passenger vehicles under normal and emergency conditions, with some provisions for light passenger/commercial vehicles. The amendment introduces a streamlined compliance process by allowing manufacturers to comply with ADR 35/04, thereby exempting them from the need to comply with ADR 35/03. The obligations imposed by this Act are primarily on vehicle manufacturers, requiring them to ensure that their commercial and large passenger vehicles meet the safety standards set out in ADR 35/03 until they transition to compliance with ADR 35/04. The amendment itself does not introduce new requirements or alter the existing standards but rather provides a more efficient pathway for compliance. Manufacturers must ensure that their vehicles meet the safety standards as outlined in the ADRs, whether by adhering to ADR 35/03 or transitioning to ADR 35/04. The process of consultation and regulatory review, as outlined in the explanatory statement, indicates a collaborative approach involving multiple stakeholders, including government agencies, industry representatives, and consumer groups, to ensure that the standards are practical and effective. There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breach of the ADRs or the amendment. The focus of the amendment is on facilitating compliance and improving the ease of use of the ADRs rather than introducing punitive measures. The absence of specific penalties suggests that the primary aim is to ensure safety and compliance through administrative measures rather than through enforcement actions. The regulatory approach is administrative, aiming to support the industry in meeting the required standards without imposing additional burdens. The compatibility statement further underscores the intent to align with human rights by ensuring that the amendment does not raise any human rights issues, reinforcing the focus on safety and compliance rather than punitive measures.

Legal classification tags

Area of Law
Commercial Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Compliance 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.