Vehicle Standard (Australian Design Rule 38/04 - Trailer Brake Systems) 2013 Amendment 1

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

Legislation au F2014L01224 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule 38/04 – Trailer 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 38/04 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.............5

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 38/04 – Trailer 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 38/04 – Trailer Brake Systems) 2013 (ADR 38/04) was originally determined in 2013 and has never been amended.

2.                       content and effect of ADR 38/04 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 the following changes:

 

  • A clarification of clause 11.1 in that the testing of brake balance of a dog trailer shall be carried out with any Antilock Brake System (ABS) disconnected.

 

  • A relaxation to Appendix 1 clause 2.1, permitting more flexibility in ABS sensor configuration and so better alignment with United Nations (UN) Regulation 13 (UN R13).

 

  • Deletion of clause 4.5, relaxing the requirement for trailers of 4.5 tonnes or less to be fitted with ABS or a variable proportioning brake system.  This will align requirements with the alternative compliance path available through Vehicle Standards Bulletin 1.
  • A typographical correction to the referenced standard in clause 5.10.

 

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 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 38/04 is compatible with human rights as it does not raise any human rights issues.

 

 

 

Overview

The Vehicle Standard (Australian Design Rule 38/04 – Trailer Brake Systems) 2013 Amendment 1 was enacted in 2014 under the Motor Vehicle Standards Act 1989. This legislation was introduced to address the need for uniform vehicle standards across Australia, ensuring safety and consistency in the design and operation of vehicles, including trailers. The amendment seeks to refine the requirements for trailer brake systems, clarifying technical specifications and improving alignment with international standards, without altering the fundamental safety intent of the original ADR 38/04. The amendment was developed through extensive consultation with industry stakeholders and regulatory bodies, reflecting a commitment to best practice regulation and human rights compatibility. The policy objective is to enhance the ease of compliance for manufacturers while maintaining high safety standards for road users.

Scope and Application

The Vehicle Standard (Australian Design Rule 38/04 – Trailer Brake Systems) 2013 Amendment 1 is an instrument made under the Motor Vehicle Standards Act 1989, which empowers the Australian Government to establish nationally uniform standards for new road vehicles supplied in Australia, including those imported and those manufactured domestically. This specific amendment pertains to the braking requirements for trailers under both normal and emergency conditions, implementing changes that aim to improve the ease of use of the Australian Design Rule 38/04 without altering the original intent or operation of the standard. The amendment includes clarifications such as requiring brake balance tests for dog trailers with the Antilock Brake System (ABS) disconnected, relaxations to align better with United Nations Regulation 13, and deletion of certain requirements for trailers of 4.5 tonnes or less, thus aligning with alternative compliance paths. The changes do not incur additional costs for manufacturers and have undergone extensive consultation with various government bodies, industry representatives, and consumer groups to ensure alignment with best practice regulation and minimal impact on stakeholders. Geographically, the Act applies nationally across Australia, including its territories, as it is designed to ensure uniform standards for all road vehicles supplied in the country. The legislative process involved consultation with key stakeholders through established institutional arrangements, such as the Strategic Vehicle Safety and Environment Group and the Australian Motor Vehicle Certification Board, among others. The amendment does not require a Regulation Impact Statement as it is deemed non-significant and does not increase the stringency of the ADR. Furthermore, the amendment is compatible with human rights, as it does not engage any of the human rights and freedoms recognised or declared in the relevant international instruments.

Key Provisions

The Vehicle Standard (Australian Design Rule 38/04 – Trailer Brake Systems) 2013 Amendment 1 (the Amendment) is made under section 7 of the Motor Vehicle Standards Act 1989 (the Act). This Act empowers the Australian Government to establish uniform standards for new road vehicles, whether manufactured domestically or imported. Section 7 specifically allows the Minister to "determine vehicle standards for road vehicles or vehicle components". The original Australian Design Rule 38/04 (ADR 38/04) was established in 2013 to specify requirements for the braking of trailers under normal and emergency conditions. The Amendment introduces several changes to ADR 38/04, including a clarification on the testing of brake balance in dog trailers, a relaxation in the ABS sensor configuration to align with UN Regulation 13, a relaxation of the requirement for trailers of 4.5 tonnes or less to be fitted with ABS, and a typographical correction. These changes aim to enhance the usability of the ADR without altering its original intent or operation. The Amendment imposes several obligations on the parties and entities it governs. Manufacturers must ensure that their trailer brake systems comply with the amended ADR 38/04. This includes conducting tests with any Antilock Brake System (ABS) disconnected for dog trailers, adhering to the new ABS sensor configuration, and ensuring that trailers of 4.5 tonnes or less comply with the relaxed ABS requirements. Additionally, manufacturers must ensure that their vehicles meet the typographical correction in clause 5.10. These obligations are designed to maintain safety standards and ensure compliance with the updated ADR. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Amendment itself for non-compliance with the new standards. However, general compliance with the Motor Vehicle Standards Act 1989 is crucial, as failure to comply with vehicle standards can lead to significant legal and safety repercussions. Non-compliance with vehicle standards could potentially result in fines, vehicle recalls, or legal action under other related legislation. The exact penalties would depend on the specific circumstances and the provisions of the Motor Vehicle Standards Act 1989 and other relevant laws. The Amendment has been developed through a rigorous consultation process involving various government bodies, industry stakeholders, and consumer groups. This includes consultations with the Australian Motor Vehicle Certification Board (AMVCB), the Strategic Vehicle Safety and Environment Group (SVSEG), and other relevant committees. The consultation ensures that the changes reflect the best interests of all parties involved and aim to improve the usability and compliance of the ADR 38/04. Additionally, the Amendment has been reviewed for its compatibility with human rights, and it has been determined that it 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.

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