Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 1
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
December 2006
CONTENTS
1. legislative context...............................................3
2. content and effect of THE AMENDMENT............................3
3. consultation arrangements.........................................3
- legislative context
Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 1 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".
Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 (ADR 4/04) was originally determined in 2006.
2. content and effect of THE AMENDMENT
2.1. Overview
The function of ADR 4/04 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 the driver’s seat and thus maintain control of the vehicle in an emergency situation, and to provide protection against ejection in an accident situation.
This amendment corrects minor errors in the text of ADR 4/04. The changes do not affect the original intent or operation of the standard.
2.2. Changes
The changes correct a typographical error and reposition a clause in to the correct order, giving effect to a complete list of exempted clauses.
3. consultation arrangements
3.1. 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 Technical Liaison Group (TLG), Transport Agencies Chief Executives (TACE), and the Australian Transport Council (ATC).
- TLG consists of 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).
- TACE consists of the chief executives of Australian and State/Territory departments of transport and road vehicle administrations.
- ATC consists of the Australian, State/Territory and New Zealand Ministers with responsibility for transport issues.
Editorial changes and changes to correct errors are settled by agreement between the Department of Transport and Regional Services and the National Transport Commission. This process is only invoked where the amendments do not vary the intent of the vehicle standard.
New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers. Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services. Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation.
3.2. Specific Consultation Arrangements for this Vehicle Standard
The changes to this vehicle standard are to correct minor errors only and do not vary the intent of the standard. As a result, no consultation has been necessary.
Overview
The Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 1 was enacted in 2006 under the Motor Vehicle Standards Act 1989. The primary purpose of the Act is to establish nationally uniform standards for road vehicles when they are first supplied to the Australian market, whether manufactured domestically or imported. Section 7 of the Act empowers the Minister to determine vehicle standards for road vehicles or vehicle components, thus enabling the Australian Government to regulate safety and performance requirements. The 2006 amendment to ADR 4/04, which specifies requirements for seatbelts to ensure occupant safety during impact conditions, corrects minor errors without altering the original intent or operation of the standard.
The amendment was introduced to rectify typographical errors and to ensure the correct ordering of clauses in ADR 4/04, maintaining the integrity of the seatbelt standards. The process of consultation for minor amendments like this one typically involves agreement between the Department of Transport and Regional Services and the National Transport Commission, ensuring that the intent of the vehicle standard remains unchanged. For more significant changes, the Australian Transport Council (ATC), comprising ministers from Australian, state, territory, and New Zealand governments, votes on the proposed changes. This structured consultation process ensures comprehensive stakeholder input and maintains the safety and regulatory standards necessary for road vehicle safety in Australia.
Scope and Application
The Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 1 is an instrument made under the Motor Vehicle Standards Act 1989, which establishes nationally uniform standards for road vehicles supplied in Australia, whether manufactured domestically or imported. This legislation applies to all road vehicles and their components, ensuring that safety standards, including those for seatbelts, are consistently met across the country. The amendment pertains specifically to correcting minor errors in the original ADR 4/04 without altering the intent or operational requirements of the seatbelt standards. The Act's jurisdiction extends nationally, covering all states and territories within Australia, ensuring uniformity and safety across the entire country. The amendment does not introduce new requirements or exemptions but rather ensures the accuracy and proper sequencing of existing clauses. This amendment is a result of collaborative consultation processes that involve various stakeholders, including government entities, industry representatives, and consumer groups, although for this particular amendment, no additional consultation was deemed necessary due to its minor nature.
Key Provisions
The main sections of the Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 1 focus on correcting minor errors in the original text of ADR 4/04. This amendment rectifies a typographical error and repositions a clause to ensure a complete list of exempted clauses, all while preserving the original intent and operation of the standard (sections 2.1 and 2.2). The key requirement of this amendment is to ensure the accuracy and clarity of the seatbelt standards, thereby maintaining their effectiveness in protecting vehicle occupants under impact conditions.
The obligations imposed by the amendment on the parties governed by ADR 4/04 are primarily related to ensuring compliance with the corrected standard. Manufacturers, importers, and dealers of vehicles must ensure that the seatbelts in the vehicles they supply meet the corrected requirements of ADR 4/04. This includes maintaining documentation and records that demonstrate compliance with the updated standard. The amendment does not introduce new obligations but emphasizes the importance of adhering to the corrected specifications to ensure occupant safety and regulatory compliance.
There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this amendment itself. However, the overarching Motor Vehicle Standards Act 1989 does provide for penalties for non-compliance with vehicle standards. Under the Act, failure to comply with a vehicle standard can result in significant penalties. For instance, section 22 of the Act allows for fines of up to $55,000 for individuals and $275,000 for bodies corporate, in addition to potential imprisonment terms. The exact penalties are determined based on the severity and nature of the non-compliance, with the potential for escalating fines and penalties for repeated or serious breaches.