Vehicle Standard (Australian Design Rule 43/02 – Vehicle Configuration and Dimensions) 2006 Amendment 1

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

Legislation au F2007L00830 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 43/02 – Vehicle Configuration and Dimensions) 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 43/02 - Vehicle Configuration and Dimensions Amendment 1             

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 43/02 — Vehicle Configuration and Dimensions) 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) 43/02 was originally determined in Determination of Motor Vehicle Standards Order No. 3 of 1989 and remade in Vehicle Standard (Australian Design Rule 43/02 - Vehicle Configuration and Dimensions) 2006.

  1.                        content and effect of ADR 43/02 - Vehicle Configuration and Dimensions 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 43/02 – Vehicle Configuration and Dimensions) 2006 Amendment 1 was enacted in 2006 under section 7 of the Motor Vehicle Standards Act 1989. This legislative amendment was introduced to correct typographical errors that had been inadvertently introduced when converting the original Australian Design Rule 43/02 from an image scan to the format required by the Legislative Instruments Act 2003. The objective of this amendment was to prevent potential confusion and misinterpretation of vehicle standards when applied by regulatory authorities and industry participants. Enacted by the Australian Government, the amendment ensures that the vehicle standards remain clear and consistent, thereby facilitating compliance and reducing the likelihood of disputes. The Minister for Transport and Regional Services issued this amendment to maintain the integrity and efficacy of the vehicle standards system.

Scope and Application

The Vehicle Standard (Australian Design Rule 43/02 – Vehicle Configuration and Dimensions) 2006 Amendment 1 was made under the Motor Vehicle Standards Act 1989, empowering the Australian Government to establish uniform standards for road vehicles supplied in Australia, whether manufactured domestically or imported. This Act applies to all such vehicles and its purpose is to ensure safety, performance, and environmental standards are met. The legislative context involves the authority granted to the Minister to determine these standards, as outlined in section 7 of the Act, and the original ADR 43/02 was determined in 1989 and subsequently remade in 2006. The Amendment 1 focuses on correcting typographical errors to prevent confusion in the application of the vehicle standards. There are no exclusions or exemptions specified in the Act, and it applies nationally across Australia, ensuring consistency and clarity in vehicle configuration and dimensions. The Act’s scope extends to any new or amended standards, which are subject to consultation and voting processes involving key stakeholders such as the Technical Liaison Group, Transport Agencies Chief Executives, and the Australian Transport Council, unless the changes are purely editorial or typographical.

Key Provisions

The Vehicle Standard (Australian Design Rule 43/02 – Vehicle Configuration and Dimensions) 2006 Amendment 1 is a legislative instrument made under the Motor Vehicle Standards Act 1989 (s 7). This amendment corrects typographical errors introduced during the conversion of the original document to the format required by the Legislative Instruments Act 2003. These corrections are essential to prevent confusion in the application of vehicle standards, ensuring that the dimensions and configurations of road vehicles are accurately understood and implemented. This Act imposes obligations on vehicle manufacturers, importers, and other relevant entities to comply with the standards set forth in ADR 43/02. These standards are intended to ensure that vehicles meet specific dimensional requirements, which in turn affects their safety, performance, and usability on Australian roads. Manufacturers and importers must ensure that their vehicles adhere to these standards when supplying vehicles to the market, whether they are newly manufactured in Australia or imported. Breaching the standards set out in the ADR can lead to serious consequences. While the amending instrument itself does not introduce new offences or penalties, non-compliance with ADR 43/02 could result in a vehicle being deemed non-compliant with the Motor Vehicle Standards Act. This could lead to penalties under the Act, which may include fines and other regulatory actions. The specific penalties for non-compliance would be determined under the broader provisions of the Motor Vehicle Standards Act, but they can be significant, reflecting the importance of adhering to safety and performance standards. Although the amending instrument itself does not entail any new regulatory costs, the correction of errors within the ADR is expected to result in minor cost savings for businesses. By eliminating the need for clarifications and corrections from regulatory authorities, businesses can operate more efficiently. Furthermore, the use of the Business Cost Calculator (BCC) has confirmed that this amendment will not impose any financial burden on businesses, aligning with the principles of best practice regulation.

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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.