Vehicle Standard (Australian Design Rule 38/03 - Trailer Brake Systems) 2007 Amendment 1

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

Legislation au F2014L01223 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007 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 38/03 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 38/03 – Trailer Brake Systems) 2007 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 38/03 – Trailer Brake Systems) 2007 (ADR 38/03) was originally determined in 2007 and has never been amended.

2.                       content and effect of ADR 38/03 and THE amendment

2.1.                 Overview of the ADR

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

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 38/04 exempts a manufacturer from having to comply with ADR 38/03.

 

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 38/04.  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 38/03 and the later version ADR 38/04.  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 38/03 is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007 Amendment 1 was enacted in 2014 under section 7 of the Motor Vehicle Standards Act 1989. This legislation was introduced to facilitate a smooth transition from Australian Design Rule 38/03 to the later version ADR 38/04, ensuring that compliance with the newer standard exempts manufacturers from adhering to the older one. The objective of the Motor Vehicle Standards Act 1989 is to establish nationally uniform standards for new road vehicles supplied in Australia, irrespective of their origin. This amendment, overseen by the Assistant Minister for Infrastructure and Regional Development, does not alter the original intent or operational requirements of ADR 38/03, but rather aims to enhance the ease of compliance and implementation of the ADR. The amendment process involved consultation practices typical for vehicle standards, though in this specific case, additional consultation was deemed unnecessary due to the minor nature of the changes.

Scope and Application

The Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007 Amendment 1, made under the Motor Vehicle Standards Act 1989, pertains to the transition from ADR 38/03 to ADR 38/04, specifically regarding trailer brake systems. This amendment applies to all new road vehicles and their components supplied in Australia, whether manufactured domestically or imported. The Act itself provides for the establishment of uniform standards for road vehicles and vehicle components, which must be adhered to upon their initial market introduction. The amendment is designed to streamline compliance by allowing manufacturers to transition to the new standard, ADR 38/04, without needing to meet the requirements of the superseded ADR 38/03. Given its administrative nature and the absence of any significant changes to the standard's requirements, this amendment does not necessitate additional consultation beyond what is already standard practice. Furthermore, as the amendment does not alter the intent or operation of the original ADR, a Regulation Impact Statement was deemed unnecessary. The amendment is compatible with human rights, as it does not engage any of the rights and freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, introduces transition arrangements for trailer brake systems from ADR 38/03 to ADR 38/04. This amendment allows for compliance with the newer ADR 38/04 to exempt manufacturers from continuing to comply with ADR 38/03. This does not alter the intent or operation of the original standard but is expected to simplify compliance (section 2). The amendment requires no additional costs for manufacturers as it does not affect the requirements of the ADR (section 3.1). The Act imposes obligations on manufacturers to ensure that trailers supplied in Australia meet the vehicle standards set forth in the ADRs. These standards are designed to ensure safety under both normal and emergency braking conditions (section 2.1). For this particular amendment, manufacturers are required to comply with ADR 38/04 instead of ADR 38/03 when it becomes applicable. The Act also requires consultation with various governmental and industry bodies to ensure that the standards are practical and widely accepted (section 3.2). Given the minor nature of this amendment, specific consultation was deemed unnecessary (section 3.3). Under the Motor Vehicle Standards Act 1989, breaches of vehicle standards can result in penalties. Although this amendment itself does not introduce new requirements or increase the stringency of existing standards, non-compliance with any ADR can result in penalties as stipulated in the Act. Penalties can include fines and potential legal action against the manufacturer. The exact penalties would be determined based on the specific provisions of the Act and the nature of the non-compliance. The Act ensures that any legislative instrument is compatible with human rights, and this amendment is no exception, as it does not affect the original intent or operation of the ADR and does not raise any human rights issues (section 4).

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