Vehicle Standard (Australian Design Rule 42/01 – General Safety Requirements) 2006

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

Legislation au F2006L03253 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 42/01 – General Safety Requirements) 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

 

 

 

 

 

 

 

September 2006

 

CONTENTS

 

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

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

3. content and effect of ADR 42/01 - General Safety Requirements............

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 42/01 — General Safety Requirements) 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) 42/01 was originally determined in Determination of Motor Vehicle Standards Order No. 3 of 1989 and has been amended in two subsequent determinations.  ADR 42/01 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 42/01 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.  For 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 create 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 42/01 - General Safety Requirements
    1.                  Overview of the ADR

The function of this vehicle standard is to specify design and construction requirements to ensure safe operation of vehicles.


  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.
  • Insert the following as clause 42.0.

“42.0. Legislative provisions

42.0.1. NAME OF STANDARD

42.0.1.1. This Standard is the Vehicle Standard (Australian Design Rule 42/01 – General Safety Requirements) 2006.

42.0.1.2. This Standard may also be cited as Australian Design Rule 42/01 — General Safety Requirements.

42.0.2. COMMENCEMENT

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

42.0.3. REPEAL

42.0.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 42/01 — General Safety Requirements that is:

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

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

42.0.3.2. 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 42/01 — General Safety Requirements, 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 42.1.1 with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

The text of clause 42.0 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.

 

Changes to clause 42.1.1 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 (42.1.1)
    • ADR 7 – Hydraulic Brake Hoses (42.13)

ADR 7 was repealed in December 2003 following a comprehensive review where it was determined that there was no longer any need to regulate the design and construction of hydraulic brake hoses.  Whereas ADR 7 addressed detailed testing requirements for flexible hydraulic brake hoses and their end fittings, clause 42.13 of ADR 42/01 only deals with the flexible hose.  Therefore, there is no need to have access to ADR 7 in order to comply with the intent of clause 42.13.  However, ADR 7 is available on the CD-ROM  in Section D with a number of other redundant ADRs.  The later versions of ADR 42 published after the repeal of ADR 7 make no mention of ADR 7 in the clause dealing with Brake Tubing and Brake Hose.

  • 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.
    • Australian Standard 2513-1982 “Electrical Connections for Trailer Vehicles” (42.7.2.1)
    • Australian Standard 3001-1981 “Electrical Installations in Caravans and Caravan Parks” (42.7.3)
  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 42/01 – General Safety Requirements) 2006 was enacted under the Motor Vehicle Standards Act 1989 to establish nationally uniform standards for road vehicles in Australia, ensuring they meet necessary safety requirements when first supplied to the market. The Act empowers the Minister for Transport and Regional Services to determine these vehicle standards, which apply regardless of whether the vehicles are manufactured in Australia or imported. The policy objective of ADR 42/01 is to specify design and construction requirements that ensure the safe operation of vehicles. The remaking of ADR 42/01 as a separate legislative instrument under the Legislative Instruments Act 2003 aims to enhance transparency and traceability of changes to the standard, facilitating better access and understanding for stakeholders. This remaking process ensures the legislative history and current status of the ADR can be easily tracked on the Federal Register of Legislative Instruments, without altering the substantive content of the safety requirements.

Scope and Application

The Vehicle Standard (Australian Design Rule 42/01 – General Safety Requirements) 2006, made under the Motor Vehicle Standards Act 1989, applies to all road vehicles supplied to the Australian market, whether manufactured domestically or imported, establishing uniform safety standards across the nation. This Act mandates design and construction requirements to ensure the safe operation of vehicles, ensuring that both new and second-hand vehicles adhere to these safety standards. The scope of this legislation is national, covering all jurisdictions within Australia, and it supersedes previous vehicle standards determined under the Act. Notably, the Act does not specify any exclusions or thresholds but focuses on the overarching safety requirements. The Minister for Transport and Regional Services retains the authority to extend or restrict the application of these standards through subordinate instruments, ensuring that the legislation remains adaptable to evolving safety standards and technological advancements.

Key Provisions

The Vehicle Standard (Australian Design Rule 42/01 – General Safety Requirements) 2006, established under the Motor Vehicle Standards Act 1989, sets out the requirements for ensuring the safe operation of vehicles when supplied to the market in Australia. Section 7 of the Act empowers the Minister to determine these vehicle standards, and ADR 42/01 specifically outlines the general safety requirements for vehicles (Section 42.0). The ADR has been revised to comply with the Legislative Instruments Act 2003, ensuring that each ADR is presented as a separate vehicle standard, facilitating easier access and tracking of changes. The ADR now includes legislative provisions such as its name, commencement date, and repeal of previous standards with the same title (Section 42.0.1 to 42.0.3). Additionally, changes have been made to the format and references within the ADR, such as updating the definitions to refer to the Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005 (Section 42.1.1). The obligations under ADR 42/01 require manufacturers and importers to ensure that vehicles comply with the specified design and construction requirements to guarantee their safe operation. This includes adhering to the referenced Australian Design Rules and standards, such as ADR 7 and Australian Standard 2513-1982 for electrical connections for trailer vehicles (Section 42.7.2.1). Manufacturers and importers must also ensure that their vehicles meet the outlined safety requirements before they are supplied to the market. These obligations are detailed in the ADR, providing clear guidelines for compliance. Failure to comply with the provisions of ADR 42/01 may result in legal consequences. Under the Motor Vehicle Standards Act 1989, non-compliance with vehicle standards can lead to various penalties. For instance, supplying a vehicle that does not meet the safety requirements can result in civil penalties, including fines and legal actions. Criminal penalties may also apply, particularly if the non-compliance causes harm or endangers public safety. The specific penalties can vary based on the severity and intent of the non-compliance, but they are designed to enforce adherence to the safety standards outlined in ADR 42/01.

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Commercial Law
Instrument
Regulation
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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.