Vehicle Standard (Australian Design Rule 43/04 – Vehicle Configuration and Dimensions) 2006 Amendment 3

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

Legislation au F2016L00574 Not in force Legislative Instrument

Legislation content

 

 

Vehicle Standard (Australian Design Rule 43/04 – Vehicle Configuration and Dimensions) 2006 Amendment 3

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

Issued by the authority of the Minister for Territories, Local Government and Major Projects

 

 

 

 

 

 

April 2016

 

 

 

CONTENTS

 

1.     legislative context

2.     content and effect of ADR 43/04 And The Amendment

2.1.  Overview of the ADR

2.2.  Effect of the ADR Amendment

3.     BEST PRACTICE REGULATION

3.1.  Business Cost Calculator

3.2.  General Consultation Arrangements

3.3.  Specific Consultation Arrangements for this Vehicle Standard

3.4.  Regulation Impact Statement

4.     STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

4.1.  Overview of the Legislative Instrument

4.2.  Human Rights Implications

4.3.  Conclusion


1.                       legislative context

Vehicle Standard (Australian Design Rule 43/04 – Vehicle Configuration and Dimensions) 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 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.

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 43/04 – Vehicle Configuration and Dimensions) 2006 was originally determined in 2006 and was subsequently amended in two previous determinations in October 2007 and November 2015.

2.                       content and effect of ADR 43/04 And The Amendment

2.1.                 Overview of the ADR

The function of this ADR is to specify requirements for vehicle dimensions including maximum permissible length, width, height, and ground clearance.

2.2.                 Effect of the ADR Amendment

This amendment will clarify the dimensional requirements on vehicles, and improve alignment with in-service requirements, including with regard to refrigerated trailers and drawbar length.

The amendment was requested by industry to improve the clarity of the vehicle standard, and improve its alignment with in-service requirements, especially regarding heavy trailer and refrigerated trailer dimensions.  The amendment is minor in nature, and does not work to increase the stringency of the vehicle standard.

3.                       BEST PRACTICE REGULATION

3.1.                 Business Cost Calculator

There will be no significant regulatory saving associated with this amendment, as the change aligns the vehicle standard with in-service requirements and improves clarity.

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 Government 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), Australian Motor Vehicle Certification Board (AMVCB), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Transport and Infrastructure Council (TIC).

  • SVSEG consists of senior representatives of government agencies (Australian and state/territory), the National Transport Commission and the National Heavy Vehicle Regulator, 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 technical representatives of government regulatory authorities (Australian and state/territory) that deal with ADR and other general vehicle issues, and the National Transport Commission and the National Heavy Vehicle Regulator.
  • TLG consists of technical representatives of government agencies (Australian and state/territory), the National Transport Commission and the National Heavy Vehicle Regulator, 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, Ministry of Transport in New Zealand and the Australian Local Government Association.
  • The TIC 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.  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 (OBPR) 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 was agreed in-principle by the AMVCB at meeting 221 and the TLG at meeting 40 in October 2015.  Following full consideration of technical issues and more detailed consultation, the proposal was finally agreed in March 2016.

As the amendment is minor in nature, and does not increase the stringency of the ADR, there is no need for further consultation through TISOC, the Council, or the public comment process.

3.4.                 Regulation Impact Statement

As the proposed amendment does not increase the stringency of the ADR, a Regulation Impact Statement is not required.

Since the decision is made by the Minister for Territories, Local Government and Major Projects without reference to the Council and the proposal is not considered significant, the Office of Best Practice Regulation (OBPR) requirements have been met for this regulatory proposal (OBPR reference ID 20663).

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 clarifies the requirements related to overall vehicle dimensions, and aligns some dimensions with in-service requirements. 

4.2.                 Human Rights Implications

This amendment to ADR 43/04 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 43/04 is compatible with human rights as it does not raise any human rights issues.

Overview

The Vehicle Standard (Australian Design Rule 43/04 – Vehicle Configuration and Dimensions) 2006 Amendment 3, enacted in 2016 under the Motor Vehicle Standards Act 1989, aims to refine and clarify the dimensional requirements for vehicles, particularly in relation to refrigerated trailers and drawbar length. The amendment responds to industry feedback seeking greater clarity and improved alignment with in-service requirements. The Act, established by the Australian Government, facilitates the creation of nationally uniform standards for vehicles supplied in Australia, whether domestically manufactured or imported. The Minister for Territories, Local Government and Major Projects introduced this amendment to enhance the precision of vehicle dimensions without increasing the regulatory stringency. The policy objective of this legislative instrument is to ensure that the vehicle standards are clear and effective in their application, thereby facilitating compliance by vehicle manufacturers and maintaining safety and operational standards on Australian roads. Consultation on this amendment involved key stakeholders, including the Australian Motor Vehicle Certification Board and the Technical Liaison Group, given its minor nature and lack of increased stringency. The amendment was developed in line with best practice regulation principles, and it does not require a Regulation Impact Statement. Additionally, this amendment is compatible with human rights, as it does not engage any of the rights recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Vehicle Standard (Australian Design Rule 43/04 – Vehicle Configuration and Dimensions) 2006 Amendment 3, made under the Motor Vehicle Standards Act 1989, applies to all road vehicles and vehicle components supplied in Australia, regardless of whether they are manufactured domestically or imported. This amendment specifically targets the dimensional requirements of vehicles, focusing on maximum permissible length, width, height, and ground clearance, with a particular emphasis on improving clarity and aligning these dimensions with in-service requirements, especially for heavy trailers and refrigerated trailers. The amendment does not introduce any new restrictions or increase the stringency of existing standards. The application of this amendment extends across the entire Commonwealth, as it is a nationally uniform standard established by the Australian Government. The amendment process involved extensive consultation with relevant industry stakeholders, including the Australian Motor Vehicle Certification Board (AMVCB), Technical Liaison Group (TLG), and other representative bodies. Given the minor nature of the amendment, it did not require a Regulation Impact Statement or further consultation with higher government bodies or the public. Additionally, this amendment is deemed compatible with human rights as it does not affect any rights recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Vehicle Standard (Australian Design Rule 43/04 – Vehicle Configuration and Dimensions) 2006 Amendment 3 (the Amendment) pertain to the clarification and alignment of dimensional requirements for vehicles, including maximum permissible length, width, height, and ground clearance. Section 7 of the Motor Vehicle Standards Act 1989 empowers the Minister to determine vehicle standards, and this Amendment updates the ADR 43/04 to enhance clarity and alignment with in-service requirements, particularly for heavy and refrigerated trailers. The Amendment does not increase the stringency of the vehicle standard but aims to improve its coherence with practical application standards. The Amendment imposes specific obligations on manufacturers, importers, and vehicle dealers to ensure that the vehicles they supply or sell in Australia comply with the updated dimensional requirements specified in ADR 43/04. These entities must adhere to the new standards when manufacturing, certifying, and registering vehicles to ensure they meet the outlined dimensions and ground clearance specifications. Additionally, regulatory authorities, including the Australian Motor Vehicle Certification Board (AMVCB) and the Technical Liaison Group (TLG), are responsible for overseeing compliance with these standards and ensuring that vehicles on the market meet the specified criteria. Breaches of the requirements set forth in the Amendment could lead to regulatory consequences. Although the Amendment does not increase the stringency of the ADR, non-compliance with the updated dimensional standards could result in vehicles being deemed unfit for registration or certification. Consequently, manufacturers, importers, and dealers could face penalties or fines if they supply or sell non-compliant vehicles. However, the specific penalties for non-compliance are not detailed in the Amendment itself but would be governed by the broader provisions of the Motor Vehicle Standards Act 1989 and related regulations. The nature and severity of penalties would depend on the extent of non-compliance and the impact on road safety and vehicle standards.

Legal classification tags

Area of Law
Commercial Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Consultation Requirements
Regulatory Standards
Catchwords
Vehicle Configuration and Dimensions

Interactions

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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.