Vehicle Standard (Australian Design Rule 4/05 – Seatbelts) 2012 Amendment 2

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

Legislation au F2019L00022 Not in force Legislative Instrument

Legislation content

 

Vehicle Standard (Australian Design Rule 4/05 – Seatbelts) 2012 Amendment 2

 

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

Issued by the authority of the Assistant Minister to the Deputy Prime Minister

 

 

 

 

 

November 2018

 

 

Contents

 

1. LEGISLATIVE CONTEXT......................................3

2. CONTENT AND EFFECT OF ADR 4/05 – SEATBELTS..............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

The Vehicle Standard (Australian Design Rule 4/05 – Seatbelts) 2012 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 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”.

The Vehicle Standard (Australian Design Rule 4/05 – Seatbelts) 2012 (ADR 4/05) was originally determined in 2012 and has since been amended by one subsequent determination.

2.                       CONTENT AND EFFECT OF ADR 4/05 – SEATBELTS

2.1.                 Overview of the ADR

This vehicle standard prescribes 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.

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 4/06 exempts a manufacturer from having to comply with ADR 4/05.

This change does not affect the original intent of the standard but is essential to allow its correct operation in conjunction with ADR 4/06.

3.                       BEST PRACTICE REGULATION

3.1.                 Benefits and Costs

There is no expected change in benefits or costs, as the proposed amendment does not change 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 and 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 Regulation Impact Statement meeting the requirements of the Office of Best Practice Regulation as published in the Australian Government Guide to Regulation and the Council of Australian Government’s Best Practice Regulation: A Guide 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 4/06.  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 4/05 and the later version ADR 4/06.  It does not affect the original intent or operation of the standard.

4.2.                 Human Rights Implications

This amendment to ADR 4/05 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 4/05 is compatible with human rights as it does not raise any human rights issues.

Overview

The Vehicle Standard (Australian Design Rule 4/05 – Seatbelts) 2012 Amendment 2, enacted in 2018 under section 7 of the Motor Vehicle Standards Act 1989, is an amendment to the original ADR 4/05 standard established in 2012. This amendment is designed to facilitate a seamless transition to the newer ADR 4/06 standard, which retains the original intent of ensuring seatbelts restrain vehicle occupants under impact conditions, assist in fastening and correct adjustment, help the driver maintain control, and prevent ejection in accidents. The amendment does not introduce new requirements or change the benefits and costs associated with the standard. Consultation for this amendment was deemed unnecessary due to its minor and administrative nature, and it does not require a Regulation Impact Statement as it does not increase the stringency of the ADR. Additionally, the amendment is compatible with human rights, as it does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Vehicle Standard (Australian Design Rule 4/05 – Seatbelts) 2012 Amendment 2, made under section 7 of the Motor Vehicle Standards Act 1989, applies to new road vehicles supplied in Australia, irrespective of whether they are manufactured domestically or imported. This amendment pertains to seatbelt standards, facilitating the transition to the subsequent ADR 4/06. Compliance with the newer standard, ADR 4/06, exempts manufacturers from meeting the requirements of ADR 4/05, ensuring seamless integration without altering the original intent or operation of the safety standards. The Act ensures that the standards are nationally uniform and applicable across the Commonwealth, encompassing both state and territory jurisdictions. There are no stated exclusions, exemptions, or thresholds specifically outlined in the amendment; however, the Act itself allows for the Minister to determine vehicle standards, which may be further defined through subordinate instruments. The amendment is administrative and does not necessitate additional consultation beyond the usual processes, as it does not affect the stringent requirements of the ADR and does not require a Regulation Impact Statement. This approach ensures that the legislative changes are consistent with human rights, as no human rights issues are engaged by the amendment.

Key Provisions

The main operative sections of the Vehicle Standard (Australian Design Rule 4/05 – Seatbelts) 2012 Amendment 2 are those that establish the legislative context, provide an overview of the Australian Design Rule (ADR) 4/05, and detail the effect of the amendment (sections 1, 2.1, and 2.2). Section 1 of the explanatory statement clarifies that the amendment is made under the Motor Vehicle Standards Act 1989, empowering the Minister to determine vehicle standards. Section 2.1 outlines the original intent of ADR 4/05, which is to set requirements for seatbelts to ensure occupant restraint, ease of use, driver control, and ejection prevention. Section 2.2 explains that this amendment implements transition arrangements from ADR 4/05 to ADR 4/06, ensuring compliance with the new standard exempts manufacturers from adhering to ADR 4/05. The Act imposes several obligations on the parties it governs. Firstly, manufacturers of new road vehicles must ensure their products comply with the specified vehicle standards. This includes adhering to ADR 4/05 until a vehicle complies with the subsequent ADR 4/06, as per the transition arrangements. Secondly, the Act requires the Minister to consult widely with stakeholders, including government representatives, industry bodies, and consumer groups, before making any significant changes to vehicle standards. Although this amendment is minor and administrative, the Act generally mandates comprehensive consultation for significant proposals, often supported by a Regulation Impact Statement. Finally, the Act necessitates that any amendments made to the ADRs must be compatible with human rights, as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011. The amendment itself does not introduce new offences, penalties, or consequences for breach. However, non-compliance with the vehicle standards established under the Motor Vehicle Standards Act 1989 could result in significant legal ramifications. The Act empowers authorised officers to enforce compliance, and breaches can lead to penalties, including fines and, in severe cases, criminal charges. For instance, under the Act, an individual or entity failing to comply with the vehicle standards could face fines up to $22,200 for individuals and $111,000 for bodies corporate, as per the current legislative framework. Additionally, persistent non-compliance or deliberate contraventions could result in more severe penalties, including imprisonment.

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