Vehicle Standard (Australian Design Rule 57/00 - Special Requirements for L-Group Vehicles) 2006 Amendment 1

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

Legislation au F2015L01933 Not in force Legislative Instrument

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Vehicle Standard (Australian Design Rule 57/00 –Special Requirements for L-Group Vehicles) 2006 Amendment 1

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

November 2015

Contents

1. Legislative context

2. content and effect of ADR 57/00 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 57/00 – Special Requirements for L-Group Vehicles) 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 that apply to new 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 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 57/00 –Special Requirements for L-Group Vehicles) 2006 was originally determined in 2006.

2.                       content and effect of ADR 57/00 AND THE AMENDMENT

2.1.                 Overview of the ADR

The function of Australian Design Rule (ADR) 57/00 is to specify requirements for mopeds, motorcycles and motor trikes. These requirements cover side cars, steering gear and handlebar width, operation and location of controls, visual indicators, display identification, transmission, electrical generators, foot rests, stands and chain guards.

2.2.                 Effect of the ADR Amendment

This amendment will increase the maximum width of handlebars allowable for motorcycles (LC and LD sub-category vehicles) from 900 mm (450 mm on each side of the centreline of the vehicle) to 1100 mm (550 mm on each side of the centreline of the vehicle).  The amendment was requested by the industry to reduce regulatory burden as some manufacturers that supply vehicles to other markets need to modify or fit narrow handlebars to the same vehicles before they enter the Australian market.

This amendment is minor in nature.  It will remove a cost impost on some motorcycle manufacturers and consumers, without reducing safety.

3.                       best practice regulation

3.1.                 Business Cost Calculator

It is estimated that this amendment will provide savings of $1.83million a year.

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 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 (the Council).

  • 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, New Zealand and the Australian Local Government Association.
  • The Council 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 of Infrastructure and Regional Development.  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

The proposal for amendment to ADR 57/00 was provided to and subsequently agreed in-principle by AMVCB and TLG members in March 2014 and by SVSEG members in May 2014.  Following full consideration of technical issues and more detailed consultation, the proposal was finally agreed in March 2015.

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 requirements have been met for this regulatory proposal (OBPR Reference ID 17321).

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 will increase the maximum width allowable for handlebars on motorcycles. 

4.2.                 Human Rights Implications

This amendment to ADR 57/00 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 57/00 is compatible with human rights as it does not raise any human rights issues.

Overview

The Vehicle Standard (Australian Design Rule 57/00 – Special Requirements for L-Group Vehicles) 2006 Amendment 1 was enacted under the Motor Vehicle Standards Act 1989 to address a regulatory burden on some motorcycle manufacturers and consumers. The Act enables the Australian Government to establish uniform standards for new road vehicles supplied in Australia, whether manufactured domestically or imported. The 2006 amendment, which specifies requirements for mopeds, motorcycles, and motor trikes, was introduced to reduce costs without compromising safety. This particular amendment increased the maximum width of handlebars allowable for motorcycles, responding to industry requests to avoid modifications for the Australian market. The amendment is minor and does not necessitate further consultation or a Regulation Impact Statement. It was developed through extensive consultation with relevant industry and government bodies, including the Strategic Vehicle Safety and Environment Group and the Australian Motor Vehicle Certification Board. The amendment aligns with human rights as it does not engage any of the rights recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011. The process of developing this amendment involved thorough consultation and adherence to best practice regulation principles, ensuring that the amendment's intent and impact were carefully considered.

Scope and Application

The Vehicle Standard (Australian Design Rule 57/00 – Special Requirements for L-Group Vehicles) 2006 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, applies to new road vehicles supplied in Australia, irrespective of whether they are manufactured domestically or imported. This legislation specifically targets mopeds, motorcycles, and motor trikes by setting out requirements for various components and features, such as side cars, steering gear, handlebar width, and more. The amendment in question increases the maximum allowable width of motorcycle handlebars from 900 mm to 1100 mm, a change intended to ease regulatory burdens on manufacturers who need to modify their vehicles for the Australian market without compromising safety. The amendment is minor and does not necessitate a Regulation Impact Statement or further consultation beyond technical groups and industry bodies. It is also compatible with human rights as it does not engage any of the rights recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Vehicle Standard (Australian Design Rule 57/00 – Special Requirements for L-Group Vehicles) 2006 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, introduces changes to the existing standards that apply to motorcycles and related vehicles in Australia. Section 7 of the Act empowers the Minister to determine vehicle standards for road vehicles or vehicle components, and this amendment specifically adjusts the handlebar width specifications for certain motorcycles. Under this amendment, the maximum allowable handlebar width for motorcycles (specifically LC and LD sub-category vehicles) is increased from 900 mm to 1100 mm. This change responds to industry requests to reduce the regulatory burden, as some manufacturers modify their vehicles for the Australian market, and it is intended to alleviate this cost without compromising safety. The obligations imposed by this amendment primarily concern manufacturers and importers of motorcycles. They must ensure that any motorcycles supplied in Australia comply with the new handlebar width specifications. This includes adhering to the broader requirements of ADR 57/00, which cover various aspects of motorcycle design and safety, such as side cars, steering gear, handlebar width, controls, visual indicators, display identification, transmission, electrical generators, footrests, stands, and chain guards. Failure to comply with these standards can result in significant legal and financial repercussions. In terms of consequences for non-compliance, while the explanatory statement does not explicitly outline specific offences or penalties, the broader Motor Vehicle Standards Act 1989 provides a framework for enforcement. Non-compliance with vehicle standards can lead to civil and criminal penalties, including fines and potential imprisonment, depending on the severity and intent behind the non-compliance. The Act allows for actions such as the seizure of non-compliant vehicles and legal proceedings against manufacturers or importers who fail to meet the required standards. The potential penalties for breaches of these regulations can be severe, reflecting the importance of safety in vehicle design and manufacture. This amendment was developed through a rigorous consultation process involving various stakeholders, including government agencies, industry representatives, and consumer groups. The proposal was reviewed by the Australian Motor Vehicle Certification Board (AMVCB) and the Technical Liaison Group (TLG) in 2014, and subsequently by the Strategic Vehicle Safety and Environment Group (SVSEG) in May 2014, before receiving final approval in March 2015. Given the minor nature of the amendment and its focus on reducing regulatory burden without compromising safety, the process did not require further consultation through higher-level committees or a public comment period. The amendment also aligns with the Office of Best Practice Regulation's guidelines, as indicated by the OBPR Reference ID 17321. In conclusion, the Vehicle Standard (Australian Design Rule 57/00 – Special Requirements for L-Group Vehicles) 2006 Amendment 1 represents a minor but significant adjustment to the regulatory framework governing motorcycle handlebar widths in Australia. By increasing the allowable width from 900 mm to 1100 mm, the amendment aims to ease the burden on manufacturers while maintaining safety standards. Compliance with these regulations is mandatory for all motorcycle manufacturers and importers, with potential civil and criminal penalties for non-compliance, as outlined in the broader Motor Vehicle Standards Act 1989. The amendment was developed through extensive consultation with relevant stakeholders and aligns with best practice regulatory standards.

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