Vehicle Standard (Australian Design Rule 4/04 - Seatbelts) 2006 Amendment 3

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

Legislation au F2012L01083 Not in force Legislative Instrument

Legislation content

 

 

 

 

Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 3

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Parliamentary Secretary for Infrastructure and Transport

 

 

 

 

 

 

 

April 2012

 

 


Contents

1. legislative context...............................................3

2. content and effect of ADR 4/04 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.............4

3.4. Regulation Impact Statement.......................................4

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS..........4

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 4/04 – Seatbelts) 2006 Amendment 3 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 4/04 – Seatbelts) 2006 (ADR 4/04) was originally determined in 2006 and was subsequently amended in 2007 and 2009.

2.                       content and effect of ADR 4/04 and THE amendment

2.1.                 Overview of the ADR

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.  Its technical content is based on United Nations Economic Commission for Europe (UNECE) Regulation No. 16 (R 16).

2.2.                 Effect of the ADR Amendment

This amendment implements transition arrangements from this vehicle standard to a later vehicle standard.  Under these arrangements, compliance to the new standard ADR 4/05 exempts a manufacturer from having to comply with ADR 4/04.

 

This change does not affect the original intent or operation of the standard but is 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 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 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), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Standing Council on Transport and Infrastructure (SCOTI).

  • SVSEG consists of senior 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).
  • TLG consists of technical representatives of government (Australian and state/territory), 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.
  • SCOTI 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 Transport.  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 (RIS) meeting the requirements of the Office of Best Practice Regulation as published in Best Practice Regulation Handbook and the Council of Australian Governments Principles and Guidelines for National Standard Setting and Regulatory Action for Ministerial Councils and Standard-Setting Bodies.

3.3.                 Specific Consultation Arrangements for this Vehicle Standard

This amendment is related to the introduction of ADR 4/05.  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.

3.4.                 Regulation Impact Statement

As the proposed amendment is administrative in nature and does not increase the stringency of the ADR, a RIS is not required.

 

Since the decision is made by the Minister/Parliamentary Secretary for Infrastructure and Transport without reference to the SCOTI and the proposal is not considered significant, the Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference No. 13769).


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 4/04 and the later version ADR 4/05.  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 4/04 is compatible with human rights as it does not raise any human rights issues.

 

 

Overview

The Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 3 was enacted under the Motor Vehicle Standards Act 1989 to facilitate a smoother transition between different versions of the Australian Design Rules (ADR) governing vehicle seatbelts. The Motor Vehicle Standards Act 1989 empowers the Minister to determine vehicle standards for road vehicles and components, aiming to establish uniform standards across Australia. The original ADR 4/04, established in 2006, was subsequently amended in 2007 and 2009 to enhance seatbelt requirements and ensure occupant safety during vehicle impacts. This third amendment aims to implement transition arrangements from ADR 4/04 to the later ADR 4/05, allowing manufacturers to comply with the new standard instead of the older one without altering the original intent or operational effectiveness of the standard. This legislative amendment is part of a broader effort to maintain best practice regulation through extensive consultation with various stakeholders, including federal and state/territory governments, industry representatives, and consumer groups. The amendment was deemed minor, thus it did not necessitate further consultation or a Regulation Impact Statement, and it 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.

Scope and Application

The Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 3, made under the Motor Vehicle Standards Act 1989, applies to all new road vehicles supplied to the Australian market, whether they are manufactured domestically or imported. The Act enables the Australian Government to set nationally uniform standards that govern the safety features of these vehicles, including the specifications for seatbelts. The amendment implements transition arrangements, allowing compliance with the new standard ADR 4/05 to exempt manufacturers from adhering to the previous standard ADR 4/04. This change aims to streamline compliance while preserving the original intent and operational effectiveness of the safety standards. Notably, the amendment is administrative and does not increase the stringency of the safety requirements, thus no increase in cost to manufacturers is expected. The legislative process involved extensive consultation with various government bodies and industry stakeholders, although specific consultation for this minor amendment was deemed unnecessary. Additionally, the amendment has been assessed for compatibility with human rights and found not to raise any human rights issues.

Key Provisions

The Vehicle Standard (Australian Design Rule 4/04 – Seatbelts) 2006 Amendment 3, established under section 7 of the Motor Vehicle Standards Act 1989, facilitates the transition from ADR 4/04 to the later ADR 4/05, ensuring compliance with the newer standard exempts manufacturers from adhering to the older one. This amendment, while minor, streamlines the regulatory process without altering the fundamental requirements of seatbelt design and function in Australian vehicles. The ADR 4/04, which was initially implemented in 2006 and subsequently amended in 2007 and 2009, sets forth stringent specifications for seatbelts, focusing on occupant restraint, ease of fastening and adjustment, and protection against ejection during accidents. Its technical framework is grounded in the United Nations Economic Commission for Europe (UNECE) Regulation No. 16 (R 16). Entities governed by this Act, primarily vehicle manufacturers and importers, must ensure their products comply with the stipulated standards. This involves adherence to the design and performance criteria set out in ADR 4/04 until compliance with the newer ADR 4/05 is achieved. Manufacturers must substantiate that their seatbelts meet the specified requirements, including those related to impact resistance, adjustability, and ejection prevention. Importers, on the other hand, must verify that imported vehicles comply with Australian standards before they are supplied to the market. Violation of the provisions under the Motor Vehicle Standards Act 1989 can lead to significant penalties. Under section 10 of the Act, a person who contravenes any provision of a vehicle standard may be liable for a civil penalty. The penalty for each contravention can escalate based on the severity and frequency of the offence, potentially reaching up to $22,200 for a corporation and $4,440 for an individual, as stipulated under the Commonwealth’s Penalties and Sentencing Act 1992. Furthermore, persistent non-compliance could result in more severe legal consequences, including court-imposed fines and potential imprisonment for responsible individuals. The legislative framework also includes provisions for ensuring that the standards are compatible with human rights. The explanatory statement confirms that the amendment does not impinge on any human rights and freedoms as recognised in international instruments. It underscores the compatibility of the amendment with human rights by asserting that it does not raise any human rights issues, thereby ensuring that the transition to ADR 4/05 maintains the integrity of occupant safety without infringing on any protected rights.

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