Vehicle Standard (Australian Design Rule 42/02 - General Safety Requirements) 2006 Amendment 1

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

Legislation au F2007L00816 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 42/02 – General Safety Requirements) 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

 

 

 

 

 

 

 

 

February 2007

 

 

CONTENTS

 

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

2. content and effect of ADR 42/02 - General Safety Requirements Amendment 1

3. Best practice regulation............................................

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 42/02 — General Safety Requirements) 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".

Australian Design Rule (ADR) 42/02 was originally determined in Road Vehicle (National Standards) Determination 2 of 1992 and remade in Vehicle Standard (Australian Design Rule 42/02 - General Safety Requirements) 2006.

  1.                        content and effect of ADR 42/02 - General Safety Requirements Amendment 1
    1.                  Changes to the ADR

The changes set out in schedule 1 of the amending instrument correct typographical errors that were introduced when converting from the image scan of the original document to the format required by the Legislative Instruments Act 2003.

 

These changes are necessary to prevent any potential confusion when applying the vehicle standards.

  1.                  Documents Incorporated by Reference

The amending instrument does not incorporate any documents by reference (excluding the principle instrument).

  1.                        Best practice regulation
    1.                  Business Cost Calculator

In keeping with the requirements of the Office of Best Practice Regulation (OBPR) the Business Cost Calculator (BCC) has been used to determine if regulatory change has any impact on business.  Preliminary assessment indicates that this instrument will have no financial impact on business and further analysis is not necessary. 

 

Correction of errors in the ADRs leads to a very minor cost saving as those using the ADRs will not need to contact the regulatory authority to clarify errors and inconsistencies.

  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 processed by the Department of Transport and Regional Services.  This approach is only used 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. 

  1.                  Specific Consultation Arrangements for this Vehicle Standard

As this amending instrument corrects typographical errors, a regulation impact statement has not been prepared and no consultation has been carried out.

 

 

Overview

The Vehicle Standard (Australian Design Rule 42/02 – General Safety Requirements) 2006 Amendment 1, enacted in 2007 under the Motor Vehicle Standards Act 1989, addresses the issue of typographical errors in the original Australian Design Rule (ADR) 42/02 that were introduced during the conversion process from image scans to the required legislative format. This amendment was made to ensure clarity and prevent potential confusion when applying the vehicle standards, thereby maintaining the integrity and safety of road vehicles in Australia. The enactment of this amendment by the Minister for Transport and Regional Services is aimed at upholding the best practice regulation by correcting inaccuracies without imposing any financial impact on businesses, as assessed by the Business Cost Calculator. The amendment reflects a commitment to collaborative governance, involving consultations with various stakeholders including the Technical Liaison Group, Transport Agencies Chief Executives, and the Australian Transport Council, though specific to this amendment, no additional consultation was required due to its nature of correcting errors.

Scope and Application

The Vehicle Standard (Australian Design Rule 42/02 – General Safety Requirements) 2006 Amendment 1 is an amendment made under the Motor Vehicle Standards Act 1989. This Act empowers the Australian Government to establish uniform national standards for road vehicles supplied in Australia, whether manufactured domestically or imported. The Amendment 1 corrects typographical errors introduced during the conversion of the original document to a format compliant with the Legislative Instruments Act 2003, aiming to prevent confusion in the application of these vehicle standards. The amendment applies to all road vehicles and vehicle components in Australia, ensuring that the safety requirements are clearly and accurately communicated. While the changes are minor and do not impose any additional financial burden on businesses, they represent a crucial step in maintaining the clarity and effectiveness of the vehicle safety standards. The amendment does not incorporate any additional documents by reference beyond the principal instrument.

Key Provisions

The Vehicle Standard (Australian Design Rule 42/02 – General Safety Requirements) 2006 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, corrects typographical errors in the original ADR 42/02. These amendments are intended to prevent confusion in applying the vehicle standards (Section 1). The changes are purely corrective and do not alter the intent or requirements of the original ADR. This amendment rectifies errors introduced during the conversion of the original document to a format compliant with the Legislative Instruments Act 2003. The Act imposes obligations on parties and entities involved with road vehicles in Australia, ensuring that any vehicle supplied to the market adheres to nationally uniform standards. This includes both new and second-hand vehicles, whether manufactured domestically or imported (Section 1). The ADR 42/02 sets out the general safety requirements that these vehicles must meet to ensure they are safe for use on Australian roads. These requirements encompass various aspects of vehicle design and construction, including structural integrity, safety features, and compliance with specific technical standards. In terms of consequences for non-compliance, the Motor Vehicle Standards Act 1989 provides for various penalties and enforcement mechanisms. Although the specific penalties are not detailed in the explanatory statement, generally, non-compliance with vehicle standards can result in both civil and criminal penalties. For instance, supplying a vehicle that does not meet the required standards can lead to fines, penalties, and potential legal action. Additionally, vehicle manufacturers and importers can be held liable for any defects or non-compliance issues that arise, which could lead to significant financial and reputational consequences. The legislative framework ensures that there are clear pathways for enforcement and compliance, thereby maintaining high safety standards for all road vehicles in Australia. The collaborative approach, involving consultation with various governmental bodies, industry stakeholders, and consumer groups, ensures that the standards are practical, effective, and widely accepted. The minor nature of these amendments means that no significant new obligations or penalties are introduced, but they underscore the importance of precise and accurate regulatory documents to ensure public safety and compliance.

Legal classification tags

Area of Law
Commercial Law
Regulatory Standards
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Consultation Requirements

Interactions

Authorises

All Versions

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.