Vehicle Standard (Australian Design Rule 38/02 – Trailer Brake Systems) 2005 Amendment 1

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

Legislation au F2007L02221 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 38/02 – Trailer Brake Systems) 2005 Amendment 1

 

 

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

 

 

 

 

 

 

 

 

June 2007

 

 

CONTENTS

 

1. legislative context...............................................3

2. content and effect of THE AMENDMENT............................3

3. consultation arrangements.........................................3

 

 

 


  1. legislative context

Vehicle Standard (Australian Design Rule 38/02 – Trailer Brake Systems) 2005 Amendment 1 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".

Vehicle Standard (Australian Design Rule 38/02 – Trailer Brake Systems) 2005 (ADR 38/02) was originally determined in 2005.

2.                       content and effect of THE AMENDMENT

2.1.                 Overview

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

 

This amendment allows for a transition between ADR 38/02 and the later version ADR 38/03. The changes do not affect the original intent or operation of the standard.

2.2.                 Changes

This amendment exempts vehicles from having to comply with an earlier version of a vehicle standard where they comply with a later version. This formalises the existing transition arrangements between earlier and later versions of the same vehicle standard.  There is also a minor typographical correction.

3.                       consultation arrangements

3.1.                 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 Technical Liaison Group (TLG), Transport Agencies Chief Executives (TACE), and the Australian Transport Council (ATC).

  • TLG consists of 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).
  • TACE consists of the chief executives of Australian and State/Territory departments of transport and road vehicle administrations.
  • ATC consists of the Australian, State/Territory and New Zealand Ministers with responsibility for transport issues.

Editorial changes and changes to correct errors are settled by agreement between the Department of Transport and Regional Services and the National Transport Commission.  This process is only invoked where the amendments do not vary the intent of the vehicle standard.

New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers.  Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services.  Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation. 

3.2.                 Specific Consultation Arrangements for this Vehicle Standard

The changes are administrative in nature only and are covered by the Regulation Impact Statement for ADR 38/03, the later version of this vehicle standard.  The changes do not affect the original intent or operation of the standard and so no consultation has been necessary.

 

Overview

The Vehicle Standard (Australian Design Rule 38/02 – Trailer Brake Systems) 2005 Amendment 1 was enacted in 2007 under the authority of the Motor Vehicle Standards Act 1989. This legislation was introduced to formalise the transition arrangements between earlier and later versions of vehicle standards for trailer brake systems. The Motor Vehicle Standards Act 1989 allows the Australian Government to set uniform standards for road vehicles supplied in Australia, whether manufactured domestically or imported. The 2007 amendment builds on the original 2005 standard (ADR 38/02) by allowing vehicles to be exempt from compliance with an earlier version if they meet the criteria of a later version, formalising existing transition arrangements while ensuring the intent and operation of the standard remain unchanged. This amendment also includes a minor typographical correction. The policy objective behind the amendment is to streamline compliance and ensure consistency in vehicle safety standards across Australia.

Scope and Application

The Vehicle Standard (Australian Design Rule 38/02 – Trailer Brake Systems) 2005 Amendment 1 operates within the legislative framework established by the Motor Vehicle Standards Act 1989. This Act serves to ensure that road vehicles and vehicle components supplied in Australia meet nationally uniform standards, irrespective of whether these vehicles are manufactured domestically or imported. The amendment pertains to trailers and their braking systems, ensuring that these meet safety requirements under both normal and emergency conditions. The amendment applies to any trailers subject to the original ADR 38/02 and formalises the transition to the subsequent version, ADR 38/03, without altering the original intent or operational effectiveness of the standard. Additionally, the amendment rectifies a minor typographical error in the original rule. The legislation does not specify exclusions or exemptions beyond the formalised transition arrangements between different versions of the vehicle standard. It extends its application to all trailers subject to ADR 38/02 across Australia, thereby maintaining consistency and safety standards nationwide.

Key Provisions

The Vehicle Standard (Australian Design Rule 38/02 – Trailer Brake Systems) 2005 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, serves to formalise the transition between ADR 38/02 and its successor ADR 38/03, while maintaining the original intent and operation of the standard. This amendment specifically allows vehicles to transition from compliance with the earlier version of the vehicle standard to the later version, streamlining the process and ensuring continuity in compliance requirements (section 2.2). It also corrects a minor typographical error, ensuring the precision and clarity of the legal text. The Act imposes several obligations on the parties governed by it. Manufacturers and importers of vehicles and trailers must ensure that their products meet the specified standards, whether the vehicles are new, second-hand, or imported. This includes adhering to the transitional provisions that allow compliance with the later ADR 38/03 instead of the earlier ADR 38/02, provided that the later standard is met. Road users and transport agencies are also indirectly affected, as they rely on the compliance of vehicles with these standards to ensure safety on the roads (section 1). Failure to comply with the vehicle standards set out in the Act can lead to various consequences. While the document does not detail specific offences or penalties, the Motor Vehicle Standards Act 1989 generally provides for enforcement actions, including fines and potential criminal charges for serious violations. The exact penalties can vary based on the severity and circumstances of the breach, but they can include significant financial penalties and, in severe cases, imprisonment. Compliance is crucial for all stakeholders to avoid these legal repercussions (section 2.2).

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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.