Vehicle Standard (Australian Design Rule 35/05 – Commercial Vehicle Brake Systems) 2013 Amendment 2

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

Legislation au F2018L00663 Not in force Legislative Instrument

Legislation content

 

Vehicle Standard (Australian Design Rule 35/05 – Commercial Vehicle Brake Systems) 2013 Amendment 2

 

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

Issued by the authority of the Minister for Urban Infrastructure and Cities

 

 

 

 

 

May 2018

 

 


CONTENTS

 

1. LEGISLATIVE CONTEXT

2. CONTENT AND EFFECT OF ADR 35/05 AND THE AMENDMENT

2.1. Overview of the ADR

2.2. Effect of the Amendment

3. BEST PRACTICE REGULATION

3.1. Benefits and Costs

3.2. General Consultation Arrangements

3.3. Specific Consultation Arrangements for this Vehicle Standard

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

4.1. Overview of the Legislative Instrument

4.2. Human Rights Implications

4.3. Conclusion


  1. LEGISLATIVE CONTEXT

Vehicle Standard (Australian Design Rule 35/05 - Commercial Vehicle Brake Systems) 2013 Amendment 2 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 been amended once before.

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 Amendment

This amendment implements transition arrangements from this vehicle standard to a later vehicle standard.  Under these arrangements, compliance to the new standard ADR 35/06 exempts a manufacturer from having to comply with ADR 35/05.

This change does not affect the original intent of the standard but is essential to allow its correct operation in conjunction with ADR 35/06.

3.                       BEST PRACTICE REGULATION

3.1.                 Benefits and Costs

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 Commonwealth 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) and the Australian Motor Vehicle Certification Board (AMVCB), the Strategic Vehicle Safety and Environment Group (SVSEG) and the Safe Vehicles Theme Group (SVTG), the Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Transport and Infrastructure Council (the Council).

  • TLG consists of technical 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).  AMVCB consists of the government members of TLG.
  • SVSEG consists of senior representatives of government (Australian and state/territory), the manufacturing and operational arms of the industry and of representative organisations of consumers and road users (at a higher level within each organisation as represented in TLG).  SVTG consists of the government members of SVSEG.
  • TISOC consists of state and territory transport and/or infrastructure Chief Executive Officers (CEOs) (or equivalents), the CEO of the National Transport Commission, New Zealand and the Australian Local Government Association.
  • The 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, Regional Development and Cities.  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 RIS 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 35/06.  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.

As the amendment is purely administrative in nature and does not increase the stringency of the ADR, a RIS is not required.


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 35/05 and the later version ADR 35/06.  It does not affect the original intent or operation of the standard.

4.2.                 Human Rights Implications

This amendment to ADR 35/05 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

This amendment to 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 2, enacted in 2018, was introduced under the Motor Vehicle Standards Act 1989 to address the need for a seamless transition from the existing brake system standards for commercial vehicles to the newer ADR 35/06. This amendment ensures that compliance with the newer standard exempts manufacturers from adhering to the older ADR 35/05, thereby facilitating smoother compliance and implementation processes without altering the original safety intent of the standards. The Act empowers the Minister to establish vehicle standards that apply uniformly across Australia, whether the vehicles are manufactured domestically or imported, to ensure road safety and uniformity in vehicle standards. The legislative amendment process involved consultations with various stakeholders, including government entities, industry representatives, and consumer groups, although this particular amendment, being administrative in nature, did not necessitate further consultation. The amendment aligns with best practice regulatory principles, maintaining the balance between ensuring vehicle safety and minimizing any additional burdens on manufacturers. Furthermore, the amendment has been reviewed for its compatibility with human rights, finding no engagement with the rights and freedoms outlined in relevant international instruments.

Scope and Application

The Vehicle Standard (Australian Design Rule 35/05 – Commercial Vehicle Brake Systems) 2013 Amendment 2, made under the Motor Vehicle Standards Act 1989, applies to new road vehicles supplied in Australia, whether manufactured domestically or imported, with a focus on commercial vehicles and large passenger vehicles. This Act, enacted to establish nationally uniform standards for vehicle components, mandates that these vehicles meet specific safety standards, including those related to brake systems. The amendment pertains to the transition from the ADR 35/05 to ADR 35/06, ensuring that compliance with the newer standard exempts manufacturers from adhering to the older one. This amendment does not affect the original intent of the standard but is crucial for its correct operation in conjunction with the new ADR 35/06. No increase in cost to manufacturers is expected as the amendment does not alter the requirements of the ADR. The amendment process involved minimal consultation as it was deemed minor and purely administrative, not necessitating further consultation or a Regulatory Impact Statement. Additionally, the amendment is compatible with human rights, as it does not raise any human rights issues.

Key Provisions

The Vehicle Standard (Australian Design Rule 35/05 – Commercial Vehicle Brake Systems) 2013 Amendment 2 (the Amendment) is made under section 7 of the Motor Vehicle Standards Act 1989 (the Act). This Amendment introduces transition arrangements for compliance between ADR 35/05 and a subsequent vehicle standard, ADR 35/06, without altering the original intent of the ADR (section 2.2). The primary objective of ADR 35/05 is to ensure the safe operation of commercial vehicle and large passenger vehicle braking systems under normal and emergency conditions, including provisions for some light passenger/commercial vehicles (section 2.1). The Amendment imposes a transition obligation on vehicle manufacturers, allowing compliance with the newer ADR 35/06 to exempt them from the requirements of ADR 35/05 (section 2.2). This administrative change is designed to streamline compliance processes without increasing the regulatory burden on manufacturers (section 3.1). The Amendment also ensures that the legislative instrument remains compatible with human rights, as it does not affect the fundamental operation of the ADR or engage any human rights and freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011 (section 4). There are no criminal or civil penalties directly associated with this Amendment. However, failure to comply with the vehicle standards outlined in ADR 35/05 or the subsequent ADR 35/06 could result in legal consequences under the broader provisions of the Motor Vehicle Standards Act 1989. Penalties for non-compliance with vehicle standards can include fines and other legal actions as stipulated in the Act, though specific penalties are not detailed within this Amendment. The Amendment itself focuses on administrative transition and does not introduce new enforcement mechanisms or penalties.

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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.