Vehicle Standard (Australian Design Rule 4/01 – Seatbelts) 2006

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

Legislation au F2006L02678 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 4/01 – Seatbelts) 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

 

 

 

 

 

 

 

June 2006

 

CONTENTS

 

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

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

3. content and effect of ADR 4/01 - Seatbelts.............................

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 4/01 — Seatbelts) 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) 4/01 was originally determined in Determination of Motor Vehicle Standards Order No. 3 of 1989 and has been amended in four subsequent determinations.  ADR 4/01 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 4/01 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 4/01 - Seatbelts
    1.                  Overview of the ADR

The function of this vehicle standard is to specify requirements for seatbelts to restrain vehicle occupants under impact conditions, to facilitate fastening and correct adjustment, to assist the driver to remain in his ‘Seat’ and thus maintain control of the vehicle in an emergency situation, and to provide protection against ejection in an accident situation.


  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.

“0. Legislative provisions

0.1. NAME OF STANDARD

0.1.1. This Standard is the Vehicle Standard (Australian Design Rule 4/01 – Seatbelts) 2006.

0.1.2. This Standard may also be cited as Australian Design Rule 4/01 — Seatbelts.

0.2. COMMENCEMENT

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

0.3. REPEAL

0.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 4/01 — Seatbelts that is:

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

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

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 4/01 — Seatbelts, 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. “

 

The text of clause 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.

 


  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
    • ADR 5 – Anchorages for Seatbelts (s4.2.1)
    • ADR 68 – Occupant Protection in Buses (sB.3)
    • ADR 69 – Full Frontal Impact Occupant Protection (s4.2.7.1.1)
  • 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 2597.13 - 1983:  “Determination of Dynamic Performance” (s4.2.7.1)
    • AS 2596 - 1983 “Seat Belt Assemblies for Motor Vehicles”. (s4.4.3)
    • AS 2597.9-1983 “Preparation and Conditioning of Test Specimens for Retractor Function” (s4.8.0)
  • Federal Motor Vehicle Safety Standards can be obtained from the US Department of Transport, http://www.nhtsa.dot.gov/.
    • Federal Motor Vehicle Safety Standard No. 209, “Seat Belt Assemblies” current as at 13 December 1979 (s4.14.2.4)
  • UNECE Regulations are available from their website, http://www.unece.org/trans/main/wp29/wp29regs.html.
    • UNECE R 16/04 – Seatbelts (sB.2)
  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 4/01 – Seatbelts) 2006 was enacted under the Motor Vehicle Standards Act 1989 to establish nationally uniform standards for seatbelts in road vehicles, ensuring safety and consistency across the industry. This legislation was introduced to address the need for clear, accessible, and individually trackable vehicle standards, particularly in light of the Legislative Instruments Act 2003, which aimed to improve the management and transparency of legislative instruments. The Act empowers the Minister for Transport and Regional Services to determine these vehicle standards, with a policy objective of enhancing road safety by specifying requirements for seatbelts to effectively restrain occupants, facilitate proper use, and provide protection against ejection during accidents. The remaking of ADR 4/01 under this Act ensures that each Australian Design Rule is a separate legislative instrument, facilitating easier access to the standards and their change histories on the Federal Register of Legislative Instruments.

Scope and Application

The Vehicle Standard (Australian Design Rule 4/01 – Seatbelts) 2006 applies to all road vehicles and vehicle components supplied in Australia, regardless of whether they are manufactured domestically or imported as new or second-hand vehicles. This standard is made under the Motor Vehicle Standards Act 1989, which empowers the Australian Government to establish uniform national standards for road vehicles. The Act aims to ensure that vehicles meet certain safety and performance criteria when they are first supplied to the market in Australia. Australian Design Rule 4/01, which specifies the requirements for seatbelts, was originally determined in 1989 and has since been amended multiple times. The remaking of ADR 4/01 has been done to comply with the Legislative Instruments Act 2003, facilitating better access and tracking of legislative changes specific to individual ADRs. The changes to the ADR have been purely administrative to comply with the new legislative framework, with no alteration to the substantive content of the standard. The new format ensures that each ADR is presented as a separate legislative instrument, allowing for clearer tracking of amendments and repeals on the Federal Register of Legislative Instruments.

Key Provisions

The Vehicle Standard (Australian Design Rule 4/01 – Seatbelts) 2006, made under the Motor Vehicle Standards Act 1989, sets out the requirements for seatbelts in road vehicles. The Act, which applies to all vehicles supplied in Australia, whether manufactured domestically or imported, empowers the Minister to determine vehicle standards. Section 7 of the Act specifically authorises the Minister to establish these standards. ADR 4/01, previously determined in various packages, has been remade to comply with the Legislative Instruments Act 2003 and for easier registration on the Federal Register of Legislative Instruments. This remaking has preserved the original substance of the standard while addressing administrative requirements. The ADR 4/01 sets out detailed requirements for seatbelts to ensure occupant restraint, ease of fastening, correct adjustment, and protection against ejection in accidents. The changes to this ADR primarily involve administrative adjustments to align with the Legislative Instruments Act 2003. The ADR is now presented in a single column format, and several typographical errors have been corrected. Clause 0 of the ADR has been added to facilitate the remaking of each ADR as a separate legislative instrument, ensuring each ADR's change history is accessible on the Federal Register of Legislative Instruments. The Act imposes obligations on manufacturers and importers to ensure that all vehicles supplied in Australia meet the standards set out in ADR 4/01. This includes compliance with the design, functionality, and safety requirements specified in the ADR. Vehicle standards must be adhered to in the manufacturing process and before the vehicle is supplied to the market. The Minister has the authority to enforce these standards and can take action against non-compliant vehicles. Failure to comply with the requirements of ADR 4/01 can result in civil or criminal penalties. Under the Motor Vehicle Standards Act 1989, non-compliance with vehicle standards can lead to fines and other legal consequences. The specific penalties can vary depending on the nature and extent of the breach, but they may include substantial financial penalties. Enforcement actions can be taken by the Minister or authorised officers, and in severe cases, this may lead to criminal charges against individuals or companies responsible for non-compliance.

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Area of Law
Commercial Law
Product Safety Law
Instrument
Regulation
Concepts
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.