Vehicle Standard (Australian Design Rule 38/00 – Trailer Brake Systems) 2006

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

Legislation au F2006L03061 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 38/00 – Trailer Brake Systems) 2006

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Transport and

Regional Service

 

 

 

 

 

 

 

August 2006

 

CONTENTS

 

1. legislative context................................................

2. impact of the legislative instruments act 2003...........................

3. content and effect of ADR 38/00 - Trailer Brake Systems.................

4. consultation arrangements..........................................

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 38/00 — Trailer Brake Systems) 2006 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".

Australian Design Rule (ADR) 38/00 was originally determined in Determination of Motor Vehicle Standards Order No. 1 of 1989 and has been amended in one subsequent determinations.  ADR 38/00 is being remade to comply with the requirements of the Legislative Instruments Act 2003 (LIA) and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments.  The remaking of ADR 38/00 has not altered the substance of the standard as last determined.

  1.                        impact of the legislative instruments act 2003

Until now ADRs have been determined in “packages”, that is, a single determination will create, amend and repeal multiple ADRs.  In example, Determination 1 of 1991 amended 32 ADRs and Determination 2 of 2003 created one new ADR and amended 13.  The determination is the legislative instrument, not the ADR itself.

 

The intent of the LIA is to allow easy access to all legislative instruments and to be able to track their history and changes.  The current form of determination used to created vehicle standards does not allow for this as it is difficult to isolate the change history of individual ADRs and the legislative instruments (the determinations) do not contain the information of importance to those using the ADRs – the vehicle standards.

 

In consultation with the Attorney General’s Department it has been agreed that the most effective solution is to remake each ADR as a separate vehicle standard determined under section 7 of the Act.  In doing this, there is no need to backcapture the old determinations and the new layout better fits the intent of the LIA.  With each ADR as a separate vehicle standard it will be possible for interested parties to view the ADR and its change history on the Federal Register of Legislative Instruments.

  1.                        content and effect of ADR 38/00 - Trailer Brake Systems
    1.                  Overview of the ADR

The function of this vehicle standard is to specify requirements for trailer braking under both normal and emergency conditions.


  1.                  Changes to the ADR

The following changes have been made to the ADR:

  • Format.  The ADR is now presented as a single column of text rather than two columns.
  • Spelling and grammar.  Several typographical errors have been corrected.
  • Insert the following as clause 0.

“38.0. Legislative provisions

38.0.1. NAME OF STANDARD

38.0.1.1. This Standard is the Vehicle Standard (Australian Design Rule 38/00 – Trailer Brake Systems) 2006.

38.0.1.2. This Standard may also be cited as Australian Design Rule 38/00 — Trailer Brake Systems.

38.0.2. COMMENCEMENT

38.0.2.1. This Standard commences on the day after it is registered.

38.0.3. REPEAL

38.0.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 38/00 — Trailer Brake Systems that is:

(a) made under section 7 of the Motor Vehicle Standards Act 1989; and

(b) in force at the commencement of this Standard.

38.0.3.2. This Standard also repeals each instrument made under section 7 of the Motor Vehicle Standards Act 1989 that creates a vehicle standard with the name Australian Design Rule 38/00 — Trailer Brake Systems, if there are no other vehicle standards created by that instrument, or amendments to vehicle standards made by that instrument, that are still in force at the commencement of this Standard. “

  • Replace the text of the Definitions clause 38.1.1 with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

The text of clause 38.0 has been provided by the Attorney General’s Department to facilitate remaking each ADR as a separate legislative instrument.  This text repeals and replaces each ADR as a vehicle standard independently of the Determination under which it was made.  Once all ADRs made under a particular Determination have been remade, that Determination is repealed.  The use of 0 as a clause number is to preserve the existing clause numbering of the ADR.

 

Changes to clause 38.1 have been made to reference the ADR Definitions and Vehicle Categories as remade for the LIA requirements.

  1.                  Documents Incorporated by Reference

This section lists documents referenced in the vehicle standard and how they can be obtained.

 

  • Australian Design Rules can be purchased on CD-ROM from the Department of Transport and Regional Services.  As the ADRs are remade, they will also be available at http://www.comlaw.gov.au.
    • Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (s38.1.1)
  • SAI Global can provide both Australian standards and English translations of many international standards.  Their website is accessible at http://www.standards.com.au/catalogue/script/search.asp.
    • AS D8 - 1971, "Hose Couplings for use with Vacuum and Air-pressure Braking Systems on Prime movers, Trailers and Semi-trailers" (s2.1.10.1)
  • UNECE Regulations are available from their website, http://www.unece.org/trans/main/wp29/wp29regs.html.
    • ECE 13/05 (s38.3.1.2)
  • Society of Automotive Engineers documents can be purchased from their website http://www.sae.org.
    • SAE J 866a - "Friction Identification System for Brake Linings and Brake Blocks for Motor Vehicles" (September 1966) (s38.3.1.3.3)
    • SAE J 840c - "Test Procedures for Brake Shoe and Lining Adhesives and Bonds" (May 1971) (s38.3.1.3.3)
    • SAE J 998 - "Minimum Requirements for Motor Vehicle Brake Linings" (January 1968) (s38.3.1.3.3)
  1.                        consultation arrangements
    1.                  Specific Consultation Arrangements for this Vehicle Standard

As the changes to this vehicle standard are purely administrative (to comply with the LIA) no public consultation has been undertaken.

 

The Department of Transport and Regional Services has sought advice and assistance from the Office of Legislative Drafting and the Federal Register of Legislative Instruments on how best to handle the backcapture requirements of the LIA.

 

The Office of Regulation Review has agreed that a regulation impact statement is not required as the intent and technical content of the vehicle standard has not changed.

 

 

Overview

The Vehicle Standard (Australian Design Rule 38/00 – Trailer Brake Systems) 2006 was enacted under the Motor Vehicle Standards Act 1989. This legislation was introduced to ensure nationally uniform standards for road vehicles, including trailers, when first supplied to the market in Australia, whether they are manufactured domestically or imported. The Act enables the Australian Government to set these standards for road vehicles or vehicle components, ensuring safety and consistency across the nation. The remaking of Australian Design Rule (ADR) 38/00 under this legislation aimed to comply with the requirements of the Legislative Instruments Act 2003 and facilitate its registration in accordance with the Federal Register of Legislative Instruments. This change sought to provide easier access to legislative instruments and track their history and changes more effectively. The policy objective of this remaking was to maintain the existing substance of the vehicle standards while improving the legislative framework to better serve the needs of industry and consumers.

Scope and Application

The Vehicle Standard (Australian Design Rule 38/00 – Trailer Brake Systems) 2006 is an instrument made under the Motor Vehicle Standards Act 1989, establishing nationally uniform standards for road vehicles and vehicle components in Australia, whether they are manufactured domestically or imported. This Act applies to all road vehicles and vehicle components supplied in Australia, including trailers, ensuring compliance with specified safety and performance standards, particularly focusing on trailer brake systems under both normal and emergency conditions. The Act’s jurisdiction is national, encompassing all states and territories within Australia. The remaking of Australian Design Rule (ADR) 38/00 is necessitated by the Legislative Instruments Act 2003, which seeks to enhance transparency and accessibility of legislative instruments. This change facilitates the registration and tracking of individual ADRs on the Federal Register of Legislative Instruments, ensuring that each ADR can be easily located and its history traced. The remaking process has been done without altering the substantive content of the standard, ensuring that the functional requirements for trailer brake systems remain consistent with prior determinations.

Key Provisions

The Vehicle Standard (Australian Design Rule 38/00 – Trailer Brake Systems) 2006 (ADR 38/00) sets forth the requirements for trailer brake systems under both normal and emergency conditions for trailers in Australia. This standard is established under section 7 of the Motor Vehicle Standards Act 1989, which empowers the Minister to determine vehicle standards for road vehicles and components. ADR 38/00 was originally determined in 1989 and has since been amended to comply with the Legislative Instruments Act 2003 and to facilitate its registration on the Federal Register of Legislative Instruments. The substantive content of ADR 38/00 remains unchanged. This remaking of ADR 38/00 as a separate legislative instrument ensures better tracking and access to its change history. The ADR imposes specific obligations on manufacturers, importers, and dealers of trailers in Australia. Manufacturers and importers must ensure that all trailers comply with the requirements outlined in ADR 38/00 before they are supplied to the market. Dealers are required to sell only trailers that meet these standards. These obligations extend to both new and second-hand trailers, regardless of whether they are manufactured in Australia or imported. The ADR also mandates that trailers must be accompanied by documentation proving compliance with the standard. Failure to comply with the requirements of ADR 38/00 can lead to various legal consequences. Under the Motor Vehicle Standards Act 1989, non-compliance can result in civil penalties. For companies, the maximum penalty for each offence can be up to $16,500, while individuals may face penalties of up to $3,300. Additionally, non-compliant trailers can be subject to impoundment and may not be allowed on public roads. Criminal penalties may also apply in cases of willful or negligent non-compliance, potentially resulting in fines and imprisonment. The Act provides for enforcement actions to be taken against those who breach these standards, ensuring road safety and compliance across the industry.

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Administrative Law
Commercial Law
Instrument
Regulation
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Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Consultation Requirements
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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.