Vehicle Standard (Australian Design Rule 5/02 – Anchorages for Seatbelts) 2006

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

Legislation au F2006L02683 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 5/02 – Anchorages for Seatbelts) 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

 

 

 

 

 

 

 

June 2006

 

CONTENTS

 

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

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

3. content and effect of ADR 5/02 - Anchorages for Seatbelts................

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 5/02 — Anchorages for Seatbelts) 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) 5/02 was originally determined in Determination of Motor Vehicle Standards Order No. 3 of 1989 and has been amended in five subsequent determinations.  ADR 5/02 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 5/02 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.  In 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 created 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 5/02 - Anchorages for Seatbelts
    1.                  Overview of the ADR

The function of this vehicle standard is to specify requirements for anchorages for both seatbelt assemblies and child restraints so that they may be adequately secured to the vehicle structure or seat and will meet comfort requirements in use.


  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.
  • Spelling and grammar.  Several typographical errors have been corrected.
  • Insert the following as clause 0.

“0. Legislative provisions

0.1. NAME OF STANDARD

0.1.1. This Standard is the Vehicle Standard (Australian Design Rule 5/02 – Anchorages for Seatbelts) 2006.

0.1.2. This Standard may also be cited as Australian Design Rule 5/02 — Anchorages for Seatbelts.

0.2. COMMENCEMENT

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

0.3. REPEAL

0.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 5/02 — Anchorages for Seatbelts that is:

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

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

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 5/02 — Anchorages for Seatbelts, 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. “

 

The text of clause 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.

 


  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.
    • ADR 4 – Seatbelts (s5.3.1.2.2)
    • ADR 68/00 – Occupant Protection in Buses (sB.2.)
  • Circulars can be found on the ADR CD or be obtained by contacting Vehicle Safety Standards, Department of Transport and Regional Services
    • 2nd Edition Australian Motor Vehicle Certification Board Circular 34A-2-1 of September, 1985 (s5.11.1.5.2)
  • 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 E35-1970, "Seat Belt Assemblies for Motor Vehicles" (s5.3.1.2.2)
    • Australian Standard AS 2597.10 - 1983, "Determination of Static Strength and Dummy Displacement" (s5.3.1.2.2)
    • Australian Standard 2596-1983, "Seat Belt Assemblies for Motor Vehicles" (s5.3.1.3)
  • UNECE Regulations are available from their website, http://www.unece.org/trans/main/wp29/wp29regs.html.
    • UNECE R 14/02 “Safety Belt Anchorages” (sB.4)
  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 5/02 – Anchorages for Seatbelts) 2006 was enacted under the Motor Vehicle Standards Act 1989 to ensure nationally uniform standards for road vehicles in Australia, whether manufactured domestically or imported. This legislation addresses the need to establish clear and enforceable standards for the anchorages of seatbelts and child restraints to ensure their proper function and passenger safety. The Act empowers the Minister for Transport and Regional Services to determine these standards, ensuring that all road vehicles comply with safety regulations from the point of initial supply in Australia. This legislative instrument was remade to comply with the Legislative Instruments Act 2003, aiming to enhance accessibility and traceability of individual Australian Design Rules (ADRs). The remaking of ADR 5/02 as a separate legislative instrument facilitates easier tracking of changes and history, aligning with the intent of the Legislative Instruments Act 2003, without altering the substantive safety requirements of the original standard.

Scope and Application

The Vehicle Standard (Australian Design Rule 5/02 – Anchorages for Seatbelts) 2006 applies to all road vehicles supplied in Australia, whether they are manufactured domestically or imported. It sets forth the requirements for the anchorages of seatbelts and child restraints to ensure they are securely fastened to the vehicle's structure or seat and meet comfort standards in use. This remaking of ADR 5/02 under section 7 of the Motor Vehicle Standards Act 1989 ensures compliance with the Legislative Instruments Act 2003 and facilitates better tracking and accessibility of the standards. The Act extends nationally across Australia, applying to both new and second-hand vehicles. The remaking of ADR 5/02 into a separate legislative instrument ensures the vehicle standard can be easily located and its history tracked on the Federal Register of Legislative Instruments. This change does not alter the substance of the standard, and no exclusions, exemptions, or thresholds have been introduced; it solely addresses administrative requirements to enhance clarity and accessibility. The Act does not extend or restrict its application through subordinate instruments, as the changes are purely administrative.

Key Provisions

The Vehicle Standard (Australian Design Rule 5/02 – Anchorages for Seatbelts) 2006 sets out the requirements for vehicle seatbelt anchorages, which are the points on a vehicle where seatbelts and child restraints must be anchored. This standard is made under the Motor Vehicle Standards Act 1989, which allows the Australian Government to establish uniform standards for road vehicles. Section 7 of the Act empowers the Minister to determine vehicle standards for road vehicles or vehicle components. ADR 5/02 was originally determined in 1989 and has been amended several times, with this version being remade to comply with the Legislative Instruments Act 2003 and to enable its registration in accordance with the Federal Register of Legislative Instruments. The remaking of ADR 5/02 has not altered the substance of the standard as last determined. The obligations imposed by the Act on the parties and entities it governs include ensuring that all road vehicles supplied in Australia meet the specified vehicle standards. Manufacturers and importers of vehicles must ensure that their products comply with ADR 5/02, which specifies requirements for anchorages for both seatbelt assemblies and child restraints. These requirements are designed to ensure that seatbelts and child restraints are adequately secured to the vehicle structure or seat and meet comfort requirements in use. Vehicle owners and operators are also indirectly affected by the Act, as they must ensure that their vehicles comply with the relevant standards, which can affect the safety and performance of their vehicles. There are no specific offences, penalties, or consequences for breach outlined in the Act or the ADR itself. However, non-compliance with the vehicle standards could potentially lead to broader regulatory consequences under other sections of the Motor Vehicle Standards Act 1989. For example, supplying a vehicle that does not comply with the relevant standards could result in penalties under the Act. Additionally, if a vehicle is involved in an accident and it is found that non-compliance with the vehicle standards contributed to the accident, this could potentially lead to civil liability claims against the manufacturer, importer, or vehicle owner. It is important for all parties involved in the supply and use of road vehicles in Australia to be aware of their obligations under the Act and the relevant vehicle standards to ensure the safety and performance of vehicles on Australian roads.

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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.