Vehicle Standard (Australian Design Rule 35/04 - Commercial Vehicle Brake Systems) 2013 Amendment 1

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

Legislation au F2014L01222 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule 35/04 – Commercial Vehicle Brake Systems) 2013 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 35/04 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 35/04 – Commercial Vehicle Brake Systems) 2013 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 35/04 – Commercial Vehicle Brake Systems) 2013 (ADR 35/04) was originally determined in 2013 and has never been amended.

2.                       content and effect of ADR 35/04 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 35/05 exempts a manufacturer from having to comply with ADR 35/04.

 

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 35/05.  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 35/04 and the later version ADR 35/05.  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 35/04 is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Vehicle Standard (Australian Design Rule 35/04 – Commercial Vehicle Brake Systems) 2013 Amendment 1 was enacted in 2014 under section 7 of the Motor Vehicle Standards Act 1989. This amendment was introduced to facilitate a smooth transition from the existing vehicle standard ADR 35/04 to the subsequent standard ADR 35/05, ensuring that manufacturers who comply with the newer standard are exempt from the older one. The amendment aims to enhance the usability of the ADR without altering its fundamental intent or operational requirements. The amendment was made by the Assistant Minister for Infrastructure and Regional Development, and it adheres to best practice regulation by following established consultation protocols and ensuring no additional costs to manufacturers. Given its minor nature and lack of impact on the actual requirements, the amendment did not necessitate a Regulation Impact Statement. Moreover, the amendment is compatible with human rights as it does not affect any of the rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Vehicle Standard (Australian Design Rule 35/04 – Commercial Vehicle Brake Systems) 2013 Amendment 1 is a legislative instrument made under the Motor Vehicle Standards Act 1989, which empowers the Australian Government to establish nationally uniform standards for new road vehicles supplied in Australia, whether manufactured domestically or imported. This specific amendment pertains to Australian Design Rule 35/04, which sets the standards for commercial vehicle brake systems to ensure safe braking under normal and emergency conditions, as well as some provisions for light passenger/commercial vehicles. The amendment introduces transition arrangements, allowing compliance with the new ADR 35/05 to exempt manufacturers from adhering to ADR 35/04, thereby streamlining the regulatory process without altering the original intent or operational effectiveness of the standard. This legislative change does not impose any additional costs on manufacturers or affect the requirements of the ADR, aligning with best practice regulatory principles. Consultation processes for such amendments typically involve various government bodies and industry stakeholders, although this particular amendment was deemed minor and did not necessitate further consultation. The amendment is also consistent with human rights, as it does not engage any of the rights recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Vehicle Standard (Australian Design Rule 35/04 – Commercial Vehicle Brake Systems) 2013 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, provides for the transition from Australian Design Rule (ADR) 35/04 to the newer ADR 35/05. Section 7 of the Act allows the Minister to establish vehicle standards that apply to new road vehicles supplied in Australia. The primary purpose of ADR 35/04, as amended, is to ensure safe braking for commercial and large passenger vehicles, with some provisions extending to light passenger/commercial vehicles. The amendment allows manufacturers to comply with the newer ADR 35/05 instead of ADR 35/04, facilitating easier adherence to the regulations without altering the original intent or operational requirements of the standard. The Act imposes specific obligations on manufacturers and entities involved in the production and supply of new road vehicles in Australia. Manufacturers must ensure that their vehicles comply with the vehicle standards set out in the ADR, which include rigorous safety requirements for braking systems. The obligation extends to providing necessary documentation and certifications to demonstrate compliance. For ADR 35/04, this means ensuring that commercial vehicle brake systems meet the specified safety standards under normal and emergency conditions. Breaches of the vehicle standards outlined in the ADR may result in various consequences. While specific offences and penalties are not detailed in the explanatory statement, non-compliance with the Motor Vehicle Standards Act 1989 can generally lead to enforcement actions, fines, and potential recalls of non-compliant vehicles. The severity of penalties can vary based on the nature and extent of the breach, but they are intended to enforce adherence to safety standards and protect public safety on the roads. The amendment itself, being administrative and not affecting the stringency of the ADR, does not introduce new penalties but ensures smoother transitions in compliance practices. The Vehicle Standard (Australian Design Rule 35/04 – Commercial Vehicle Brake Systems) 2013 Amendment 1 has been carefully crafted to align with best practice regulatory principles. It does not impose additional costs on manufacturers, as the amendment is administrative and does not change the requirements of the ADR. Extensive consultation processes have been followed, involving various government agencies, industry representatives, and consumer groups to ensure that the amendment meets the needs of all stakeholders. This amendment was minor and did not require further consultation beyond what was already established for the introduction of ADR 35/05. Additionally, the amendment is compatible with human rights, as it does not engage any of the rights and freedoms protected under the Human Rights (Parliamentary Scrutiny) Act 2011.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
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.