Vehicle Standard (Australian Design Rule 46/0046/00 – HeadlampsHeadlamps) 20062006 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
June 2007June 2007
CONTENTS
1. legislative context................................................
2. content and effect of ADR 46/00 - Headlamps and amendments
2.1. Overview of the ADR.............................................
2.2. Changes to the ADR..............................................
3. best practice regulation............................................
3.1. Business Cost Calculator...........................................
3.2. Specific Consultation Arrangements for this Vehicle Standard.............
3.3. Regulation Impact Statement........................................
- legislative context
Vehicle Standard (Australian Design Rule 46/00 — Headlamps) 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) 46/00 was originally determined in Original DeterminationDetermination of Motor Vehicle Standards - Order No. 1 of 1989 and was amended in five subsequent determinations. It was remade in 2006 as Vehicle Standard (Australian Design Rule 46/00 – Headlamps) 2006 to meet the requirements of the Legislative Instruments Act 2003.
2. content and effect of ADR 46/00 - Headlamps and amendments
2.1. Overview of the ADR
Australian Design Rule 46/00 provides mandatory requirements for headlamps for read vehicles. Its technical content is based on internationally accepted United Nations Economic Commission for Europe (UNECE) regulations. Currently it contains five different UNECE regulations to cover a range of headlamp options. Four wheeled road vehicles equipped with headlamps must meet the requirements of this standard. Two or three wheeled road vehicles may also use this standard (there is also the option of another ADR for two or three wheeled vehicles).
2.2. Changes to the ADR
The purpose of this amendment is to update the technical requirements of ADR 46/00 as a precursor to further amendments which will allow the use of headlamps equipped with Light Emitting Diode (LED) light sources. This is an administrative change that does not change the intent or technical content of ADR 46/00.
Clauses 7.6 and 7.7 of ADR 46/00 allow the use of UNECE R112/00 and 113/00 as alternative technical requirements. This amendment incorporates the full text of these UNECE standards into the ADR rather than just referencing them by name. Schedule 2 and 3 contains the full text of the UNECE regulations to be added to the ADR.
The changes in Schedule 1 amend existing clauses to allow the use of the new appendices. Item [1] references the relevant definitions clauses of Appendix F and G. Item [2] adds the two new appendices to the list of standards that can be used to meet the ADR requirements. Items [3] and [4] exempt some clauses of Appendix F and G. All UNECE regulations include administrative provisions for applying for UNECE approval. As Australia does not use the UNECE component approval system (the Department of Transport and Regional Services administers a vehicle type approval system for new vehicles manufactured in or imported to Australia) these administrative provisions are not relevant to the ADR.
Schedules 2 and 3 provide the full text of Appendix F and G.
3. best practice regulation
3.1. Business Cost Calculator
The changes set out in this amendment do not change the intent or applicability of ADR 46/00 and do not impose any additional cost on business.
3.2. Specific Consultation Arrangements for this Vehicle Standard
No consultation has been carried out as this amendment is administrative in nature and does not impact on the automotive industry or the general public.
3.3. Regulation Impact Statement
As there is no increase in cost or impact on trade a regulation impact statement is not necessary.
Overview
The Vehicle Standard (Australian Design Rule 46/00 – Headlamps) 2006 Amendment 1 was enacted under section 7 of the Motor Vehicle Standards Act 1989 to update the technical requirements of ADR 46/00 for headlamps on road vehicles. This amendment was made to incorporate the full text of certain United Nations Economic Commission for Europe (UNECE) regulations into the ADR, rather than just referencing them by name. The legislative context of the Act is to establish nationally uniform standards for road vehicles when they are first supplied to the market in Australia, applying to both domestically manufactured and imported vehicles. The policy objective of this amendment is to facilitate the future use of headlamps equipped with Light Emitting Diode (LED) light sources. The amendment was introduced as an administrative change, which does not alter the intent or technical content of ADR 46/00 and imposes no additional cost on business.
Scope and Application
The Vehicle Standard (Australian Design Rule 46/00 – Headlamps) 2006 Amendment 1 is an administrative update to the original standards set out in the Motor Vehicle Standards Act 1989. The Act applies to all four-wheeled road vehicles with headlamps, as well as two or three-wheeled vehicles that choose to comply with these standards, whether the vehicles are manufactured in Australia or imported. The Act aims to ensure uniform standards for road vehicles supplied in Australia, covering new and second-hand vehicles alike. The authority to establish these standards is vested in the Minister for Transport and Regional Services under section 7 of the Act, which empowers the Minister to determine vehicle standards for road vehicles or vehicle components.
The specific amendments made to Australian Design Rule 46/00 aim to update the technical requirements of the headlamp standards by incorporating the full text of United Nations Economic Commission for Europe (UNECE) regulations R112/00 and R113/00. This change does not alter the intent or technical content of the original rule but rather ensures the incorporation of the latest international standards. These amendments are intended to pave the way for future updates that will allow the use of headlamps equipped with Light Emitting Diode (LED) light sources. The amendment process involved updating certain clauses to reference the new appendices and exempting specific clauses to align with the UNECE regulations. Importantly, these changes are administrative and do not impose any additional costs or regulatory burdens on businesses.
Key Provisions
The Vehicle Standard (Australian Design Rule 46/00 – Headlamps) 2006 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, updates the technical requirements of the Australian Design Rule 46/00 concerning headlamps for road vehicles. This amendment ensures that the ADR aligns with international standards by incorporating the full text of United Nations Economic Commission for Europe (UNECE) regulations into the ADR, rather than merely referencing them. This administrative change facilitates the future use of headlamps equipped with Light Emitting Diode (LED) light sources. The key sections involved are clauses 7.6 and 7.7, which allow the use of UNECE R112/00 and R113/00 as alternative technical requirements.
Under this Act, the obligations and requirements imposed on parties or entities governed by the ADR 46/00 are primarily technical in nature. Four-wheeled road vehicles must comply with the standards set out in ADR 46/00, while two or three-wheeled vehicles may also use this standard, though they have the option of using another ADR. The amendment ensures that headlamps meet specific technical standards to ensure safety and functionality on the road. Manufacturers and importers must ensure that their headlamps comply with these updated standards before supplying vehicles to the market in Australia.
There are no new offences, penalties, or consequences specifically introduced by this amendment. However, the overarching Motor Vehicle Standards Act 1989 provides for penalties for non-compliance with vehicle standards. Failure to comply with the standards set by ADR 46/00 could result in fines or other penalties as stipulated by the Act. The specific penalties for non-compliance would depend on the nature and extent of the violation, but the Act provides a framework for enforcing compliance to ensure road safety. The legislative context underscores the importance of adhering to these standards to maintain uniform safety and performance criteria across the Australian vehicle market.