Vehicle Standard (Australian Design Rule 35/05 - Commercial Vehicle Brake Systems) 2013 Amendment 1

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

Legislation au F2014L01225 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule 35/05 – 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 35/05 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.......................................5

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 35/05 – 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 35/05 – Commercial Vehicle Brake Systems) 2013 (ADR 35/05) was originally determined in 2013 and has never been amended.

2.                       content and effect of ADR 35/05 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 the following changes:

  • A correction to clause 4.1.5.2.1 regarding a reference to a test procedure.
  • A relaxation to clause 4.1.5.2.3 to allow an additional way by which the Antilock Brake System (ABS) may be reconnected.
  • A clarification of clause 4.1.5.2.5 in that any change in the ABS control mode (including connecting or disconnecting) applies to both the vehicle and trailer.

 

These changes do not affect the original intent or operation of the standard but are 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 amendment does not increase the stringency 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

The changes have been made in consultation and full agreement of the AMVCB and the SVSEG industry reference group formed to discuss the National Heavy Vehicle Braking Strategy (NHVBS).


3.4.                 Regulation Impact Statement

As the proposed amendment 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 implements relaxations, clarifications and corrections to 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 35/05 is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Vehicle Standard (Australian Design Rule 35/05 – Commercial Vehicle Brake Systems) 2013 Amendment 1 was enacted in 2014 under section 7 of the Motor Vehicle Standards Act 1989. This legislative instrument was introduced to address the need for improved ease of use and clarity in the ADR 35/05, which governs the standards for commercial vehicle brake systems. The Australian Government, through the Assistant Minister for Infrastructure and Regional Development, established these standards to ensure safe braking for commercial vehicles under normal and emergency conditions. The amendment made to ADR 35/05 involves corrections, clarifications, and relaxations to existing clauses without altering the original intent or operation of the standard, aimed at improving user experience and compliance efficiency. The amendment was developed through extensive consultation with various stakeholders, including the Strategic Vehicle Safety and Environment Group (SVSEG), the Australian Motor Vehicle Certification Board (AMVCB), and industry reference groups. This collaborative approach ensures that the regulatory changes align with best practice standards and have minimal impact on industry stakeholders. No increase in costs to manufacturers is expected as the amendment does not heighten the stringency of the ADR. Additionally, a Regulation Impact Statement was deemed unnecessary as the changes are minor and do not significantly impact the industry. The compatibility of this amendment with human rights was also confirmed, as it does not engage any of the human rights and freedoms recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Vehicle Standard (Australian Design Rule 35/05 – Commercial Vehicle Brake Systems) 2013 Amendment 1, made under the Motor Vehicle Standards Act 1989, applies to new road vehicles supplied to the market in Australia, whether they are manufactured domestically or imported. This legislative instrument amends the original Australian Design Rule 35/05 to ensure safe braking for commercial vehicles and large passenger vehicles under normal and emergency conditions, and includes provisions for some light passenger/commercial vehicles. The amendment introduces corrections, relaxations, and clarifications to the original ADR without altering its intent or operation. The changes include a correction to a test procedure, a relaxation allowing an additional way for the Antilock Brake System (ABS) to be reconnected, and a clarification that changes in ABS control mode apply to both the vehicle and trailer. The amendment does not increase the stringency of the ADR, and therefore, a Regulation Impact Statement is not required. The legislative process involved consultation with the Australian Motor Vehicle Certification Board (AMVCB) and the Strategic Vehicle Safety and Environment Group (SVSEG) industry reference group formed to discuss the National Heavy Vehicle Braking Strategy (NHVBS). This amendment is compatible with human rights, as it does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Vehicle Standard (Australian Design Rule 35/05 – Commercial Vehicle Brake Systems) 2013 Amendment 1, made under the Motor Vehicle Standards Act 1989 (the Act), primarily aims to correct, clarify, and relax certain provisions of ADR 35/05. This ADR was originally established to ensure the safe braking of commercial vehicles and large passenger vehicles under normal and emergency conditions, and it also applies to some light passenger/commercial vehicles. The amendment involves specific changes such as correcting a reference to a test procedure in clause 4.1.5.2.1, relaxing the reconnection method for the Antilock Brake System (ABS) in clause 4.1.5.2.3, and clarifying clause 4.1.5.2.5 to ensure any change in ABS control mode affects both the vehicle and trailer. These amendments do not alter the intent or operation of the original ADR but aim to enhance its usability. The obligations and requirements imposed by this Act on the parties governed by it include adherence to the standards set out in ADR 35/05, including the recent amendments. Manufacturers of commercial vehicles and large passenger vehicles must ensure their products comply with the requirements regarding braking systems, as stipulated in the ADR. This includes meeting the technical specifications for ABS and ensuring that any changes in ABS control mode apply to both the vehicle and the trailer. Compliance with these standards is crucial for ensuring road safety and must be rigorously maintained. For breaches of the standards set out in the ADR, there are potential civil and criminal consequences. Under the Motor Vehicle Standards Act 1989, a person who supplies a vehicle that does not comply with the applicable vehicle standard can be liable to penalties. The maximum penalty for an individual is generally 120 penalty units, and for a corporation, it is 600 penalty units. These penalties are intended to enforce compliance and deter non-compliance with safety standards. Additionally, non-compliance can lead to vehicles being refused registration, which further enforces adherence to the standards.

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Commercial Law
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