Vehicle Standard (Australian Design Rule 38/04 – Trailer Brake Systems) 2013 Amendment 2

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

Legislation au F2018L00670 Not in force Legislative Instrument

Legislation content

 

Vehicle Standard (Australian Design Rule 38/04 – Trailer 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.......................................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 Amendment..........................................3

3. BEST PRACTICE REGULATION..................................3

3.1. Benefits and Costs...............................................3

3.2. General Consultation Arrangements.................................3

3.3. Specific Consultation Arrangements for this Vehicle Standard............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 38/04 – Trailer 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 38/04 – Trailer Brake Systems) 2013 (ADR 38/04) was originally determined in 2013 and has been amended once before.

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 Amendment

This amendment implements transition arrangements from this vehicle standard to a later vehicle standard.  Under these arrangements, compliance to the new standard ADR 38/05 exempts a manufacturer from having to comply with ADR 38/04.

This change does not affect the original intent of the standard but is essential to allow its correct operation in conjunction with ADR 38/05.

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 38/05.  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 38/04 and the later version ADR 38/05.  It does not affect the original intent or operation of the standard.

4.2.                 Human Rights Implications

This amendment to ADR 38/04 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 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 2 was enacted in 2018 under the Motor Vehicle Standards Act 1989, which empowers the Australian Government to establish uniform vehicle standards across the nation. The amendment addresses the need to transition from the existing Australian Design Rule 38/04 to the later Australian Design Rule 38/05, facilitating a smoother implementation of new standards while maintaining the original safety intent. The policy objective is to ensure that the transition between these design rules is seamless and does not impose additional costs on manufacturers or compromise the safety standards set for trailer braking systems. This amendment was introduced without further consultation as it is minor and administrative in nature, focusing on the procedural transition rather than altering the substantive requirements of the ADR. The amendment was developed in line with best practice regulatory principles, involving extensive consultations with various stakeholders, including the Technical Liaison Group, the Australian Motor Vehicle Certification Board, and other relevant industry and consumer groups. The amendment was deemed not to require a Regulatory Impact Statement, as it does not increase the stringency of the ADR and does not impose additional costs on manufacturers. Furthermore, the amendment was found to be compatible with human rights, as it does not engage any of the human rights and freedoms recognised in the international instruments under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Vehicle Standard (Australian Design Rule 38/04 – Trailer Brake Systems) 2013 Amendment 2 is a legislative instrument made under the Motor Vehicle Standards Act 1989, applying to new road vehicles supplied in Australia, irrespective of whether they are manufactured domestically or imported. The Act empowers the Minister to determine vehicle standards for road vehicles or vehicle components, and this amendment implements transition arrangements from ADR 38/04 to ADR 38/05, allowing compliance with the newer standard to exempt manufacturers from the requirements of ADR 38/04. This change ensures the standards operate correctly in conjunction with each other without affecting the original intent or operation of the braking requirements for trailers under both normal and emergency conditions. The amendment does not impose any new costs on manufacturers and, being administrative in nature, did not necessitate further consultation beyond the established practices involving various government and industry bodies. Furthermore, the amendment is deemed compatible with human rights as it does not engage any of the rights recognised in the international instruments under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Vehicle Standard (Australian Design Rule 38/04 – Trailer Brake Systems) 2013 Amendment 2, made under section 7 of the Motor Vehicle Standards Act 1989, primarily serves to implement transition arrangements from ADR 38/04 to a later vehicle standard, ADR 38/05. This amendment is purely administrative, ensuring that compliance with the new standard exempts manufacturers from the need to comply with the older ADR 38/04, without altering the original intent or requirements of the standard (sections 2.1 and 2.2). The overarching function of ADR 38/04 is to establish the specifications for trailer braking under both normal and emergency conditions, ensuring safety and consistency across the industry (section 2.1). This legislation imposes specific obligations on manufacturers and entities involved in the supply of road vehicles and vehicle components within Australia. Manufacturers must ensure that their trailers meet the requirements set forth in ADR 38/04 and any subsequent amendments, such as the transition to ADR 38/05. The legislation underscores the importance of compliance with these standards to ensure the safety and reliability of trailer braking systems (sections 1 and 2). Furthermore, the amendment to ADR 38/04 necessitates adherence to the new transitional arrangements, which simplifies compliance processes without introducing additional burdens or altering the fundamental safety requirements (section 2.2). In terms of consequences for non-compliance, the legislation does not explicitly state specific offences, penalties, or civil/criminal consequences for breach. However, given the foundational role of the Motor Vehicle Standards Act 1989 in regulating vehicle safety, non-compliance with vehicle standards could potentially lead to significant legal ramifications. These might include fines, vehicle recalls, or other enforcement actions under the broader framework of the Act, though the exact penalties would be determined in accordance with the overarching legislation (section 7). The amendment itself, being administrative in nature, does not introduce new penalties but ensures a smooth transition to the updated standard (section 3.3). Overall, this amendment to ADR 38/04 represents a minor but crucial adjustment to ensure the effective operation of vehicle standards in Australia. It facilitates the transition to a new standard without imposing additional costs or requirements on manufacturers, thereby maintaining the balance between regulatory compliance and industry efficiency (sections 3.1 and 3.3). The compatibility statement further assures that this amendment does not engage any human rights issues, confirming its alignment with the human rights framework (section 4.3).

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Commercial Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Transitional Provisions
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.