Vehicle Standard (Australian Design Rule 4/02 – Seatbelts) 2006

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

Legislation au F2006L02679 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 4/02 – 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 4/02 - Seatbelts.............................

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 4/02 — 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) 4/02 was originally determined in Road Vehicle (National Standards) Determination 4 of 1994 and has not been amended in subsequent determinations.  ADR 4/02 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 4/02 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 4/02 - 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:

  • Spelling and grammar.  Several typographical errors have been corrected.
  • Replace clause 1 with the following.

“1. Legislative provisions

1.1. NAME OF STANDARD

1.1.1. This Standard is the Vehicle Standard (Australian Design Rule 4/02 – Seatbelts) 2006.

1.1.2. This Standard may also be cited as Australian Design Rule 4/02 — Seatbelts.

1.2. COMMENCEMENT

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

1.3. REPEAL

1.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 4/02 — 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.

1.3.2. 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 4/02 — 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. “

  • Replace the text of the Definitions clause with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

The text of clause 1 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. 

 

Changes to clause 3 have been made to reference the ADR Definitions and Vehicle Categories as remade for the LIA requirements.


  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 (s4.1)
    • ADR 5 – (s5.2)
    • ADR 68 – (s3.1.3)
    • ADR 69 – (s5.8.1.1)
  • 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 2596-1983 “Seat Belt Assemblies for Motor Vehicles” (s5.4.4)
    • AS 2597.13 - 1983:  “Determination of Dynamic Performance” (s5.8.1)
    • AS 1753-1975:  “Webbing for Restraining Devices for Occupants of Motor Vehicles” (s14.3)
    • ASTM B117-64 “Standard Method of Salt Spray (Fog) Testing”.(s18.1)
  • 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” (s17.2.2)
  • UNECE Regulations are available from their website, http://www.unece.org/trans/main/wp29/wp29regs.html.
    • ECE Regulation  16/04, “Safety Belts”   (s17.2.3)
  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 4/02 – Seatbelts) 2006 was enacted under section 7 of the Motor Vehicle Standards Act 1989. This legislation aims to establish nationally uniform standards for road vehicles, ensuring safety and consistency across vehicles supplied in Australia, whether manufactured domestically or imported. The original Australian Design Rule (ADR) 4/02 was first determined in Road Vehicle (National Standards) Determination 4 of 1994 and has since been remade to comply with the requirements of the Legislative Instruments Act 2003 and to facilitate its registration on the Federal Register of Legislative Instruments. This remaking ensures better accessibility and traceability of legislative changes, allowing interested parties to view the ADR and its history on the Federal Register. The ADR specifies requirements for seatbelts to ensure occupant restraint, facilitate fastening and adjustment, assist the driver in maintaining control during emergencies, and prevent ejection in accident situations. The remaking process has not altered the substance of the standard but has refined its legislative structure to enhance clarity and compliance with modern legislative practices.

Scope and Application

The Vehicle Standard (Australian Design Rule 4/02 – Seatbelts) 2006 applies to road vehicles, including both those manufactured in Australia and those 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 nationally uniform standards for road vehicles when they are first supplied to the market in Australia. The Act ensures that all vehicles meet certain safety standards, and this particular standard specifically targets the design, manufacture, and installation of seatbelts within vehicles to ensure occupant safety during impact conditions. The standard aims to provide adequate restraint, facilitate proper fastening and adjustment, and protect against ejection in accident situations. There are no specified exclusions or exemptions mentioned in the legislation, meaning that all road vehicles within the scope of the Motor Vehicle Standards Act 1989 must comply with this standard. The standard has been remade to comply with the Legislative Instruments Act 2003 and to facilitate easier access to the legislative instruments and their change history.

Key Provisions

The main operative sections of the Vehicle Standard (Australian Design Rule 4/02 – Seatbelts) 2006 (ADR 4/02) pertain to the establishment of uniform standards for seatbelts in road vehicles. Section 1 outlines the legislative provisions and commencement of the standard, while section 3 references the ADR Definitions and Vehicle Categories for specific terminology and classifications. Section 4.1 specifies the documents incorporated by reference, including Australian Standards (AS), American Society for Testing and Materials (ASTM) standards, Federal Motor Vehicle Safety Standards, and United Nations Economic Commission for Europe (UNECE) regulations. The ADR mandates that seatbelts must be capable of restraining vehicle occupants under impact conditions, facilitate fastening and correct adjustment, assist drivers in maintaining control, and provide protection against ejection. The obligations imposed by ADR 4/02 on parties and entities governed by it include compliance with the specified standards for seatbelts in road vehicles. Manufacturers must ensure that seatbelts meet the technical requirements set out in the ADR, including the ability to restrain occupants effectively, the ease of fastening and adjustment, and the durability of materials used. Vehicle importers and retailers are also required to ensure that any vehicles sold or supplied in Australia comply with the standards set out in ADR 4/02. The ADR mandates that all seatbelts must meet the stringent safety requirements to protect vehicle occupants in the event of an accident. Failure to comply with the provisions of ADR 4/02 can result in significant legal consequences. Under the Motor Vehicle Standards Act 1989, non-compliance with vehicle standards can lead to civil penalties, including fines. The maximum penalty for supplying a non-compliant vehicle is set out in section 41 of the Act, which can amount to $22,200 for corporations and $4,440 for individuals. Additionally, supplying a non-compliant vehicle can result in criminal charges, with potential penalties including imprisonment for up to two years for individuals and fines for corporations. Enforcement of ADR 4/02 is typically carried out by state and territory road safety authorities, which have the power to conduct inspections and enforce compliance with vehicle standards.

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Area of Law
Vehicle Standards Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
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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.