Vehicle Standard (Australian Design Rule 58/00 - Requirements for Omnibuses Designed for Hire and Reward) 2006 Amendment 1

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

Legislation au F2012L01084 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 58/00 – Requirements for Omnibuses Designed for Hire and Reward) 2006 Amendment 1

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

Issued by the authority of the Parliamentary Secretary for Infrastructure and Transport

 

 

 

 

 

 

March 2012

 

 

 

CONTENTS

 

1. LEGISLATIVE CONTEXT............................................3

2. CONTENT AND EFFECT OF ADR 58/00 AND THE AMENDMENT.........3

2.1 Overview of the ADR.............................................3

2.2 Effect of the ADR................................................3

3. BEST PRACTICE REGULATION......................................3

3.1 Business Cost Calculator..........................................3

3.2 General Consultation Arrangements..................................3

3.3 Specific Consultation Arrangements for this Vehicle Standard.............4

3.4 Regulation Impact Statement (RIS)..................................4

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS..............5

4.1 Overview of the Legislative Instrument...............................5

4.2 Human Rights Implications........................................5

4.3 Conclusion.....................................................5

 

 

 

 

 

 

 


1.                         LEGISLATIVE CONTEXT

Vehicle Standard (Australian Design Rule 58/00 — Requirements for Omnibuses Designed for Hire and Reward) 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 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 58/00 — Requirements for Omnibuses Designed for Hire and Reward) 2006 was originally determined in 2006.

2.                         CONTENT AND EFFECT OF ADR 58/00 AND THE AMENDMENT

2.1                             Overview of the ADR

ADR 58/00 specifies requirements for the construction of omnibuses designed for and intended for licensing, hire and reward.

2.2                             Effect of the ADR

The proposed change to the ADR is to include an alternative standard which allows manufacturers of small omnibuses, having a capacity not exceeding 15 seating positions, including the driver, to comply with the technical requirements of United Nations - Economic Commission for Europe Regulation No. 52 - Uniform Provisions Concerning the Approval of M2 and M3 Small Capacity Vehicles with Regard to their General Construction.

3.                         BEST PRACTICE REGULATION

3.1                             Business Cost Calculator

Any additional cost that may be incurred by the proposed amendment is at the manufacturers’ discretion to either comply vehicles with the ADR or with the alternative standard.  There is a negligible education cost to industry as a result of the proposed compliance options.

 

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), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Standing Council on Transport and Infrastructure (SCOTI).

  • SVSEG consists of senior 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).
  • TLG consists of technical 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).
  • 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.
  • SCOTI 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 Transport.  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 as published in Best Practice Regulation Handbook and the Council of Australian Governments Principles and Guidelines for National Standard Setting and Regulatory Action for Ministerial Councils and Standard-Setting Bodies.

3.3                             Specific Consultation Arrangements for this Vehicle Standard

The proposed minor amendment was discussed within the TLG at its December 2007 meeting.  The proposal to amend ADR 58/00 as outlined was agreed to by all members.

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, SCOTI, or the public comment process.

3.4                             Regulation Impact Statement (RIS)

As the proposed amendment does not increase the stringency of the ADR, a Regulation Impact Statement is not required. The Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference No. 10685).


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

ADR 58/00 specifies requirements for the construction of omnibuses designed for and intended for licensing, hire and reward.

4.2                   Human Rights Implications

ADR 58/00 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

ADR 58/00 is compatible with human rights as it does not raise any human rights issues.

 

Overview

The Vehicle Standard (Australian Design Rule 58/00 – Requirements for Omnibuses Designed for Hire and Reward) 2006 Amendment 1, made under the Motor Vehicle Standards Act 1989, was introduced to provide an alternative standard for small omnibuses with a seating capacity not exceeding 15 positions, including the driver. This amendment allows these vehicles to comply with the technical requirements of the United Nations - Economic Commission for Europe Regulation No. 52 concerning the approval of M2 and M3 small capacity vehicles with regard to their general construction. Enacted by the Australian Government, the amendment aims to provide flexibility for manufacturers while maintaining safety and performance standards. The process involved extensive consultation with relevant industry bodies, such as the Strategic Vehicle Safety and Environment Group (SVSEG) and the Technical Liaison Group (TLG), to ensure that the amendment aligns with industry needs and regulatory standards. Given that the amendment is minor and does not increase the stringency of the existing standards, it does not require a Regulation Impact Statement and has been deemed compatible with human rights.

Scope and Application

The Vehicle Standard (Australian Design Rule 58/00 – Requirements for Omnibuses Designed for Hire and Reward) 2006 Amendment 1 applies to omnibuses, specifically those designed for and intended for licensing, hire, and reward, whether they are manufactured within Australia or imported. This amendment allows manufacturers of small omnibuses with a capacity of up to 15 seating positions, including the driver, to comply with either the existing Australian Design Rule 58/00 or the alternative technical requirements of United Nations - Economic Commission for Europe Regulation No. 52. The amendment is intended to provide flexibility in compliance without increasing the stringency of the existing standards. Geographic reach of this regulation is national, applying across all states and territories in Australia. There are no exclusions or exemptions outlined in the amendment itself, but it is noted that any additional costs arising from compliance options are to be borne by the manufacturers. The legislative framework enabling these standards is established under the Motor Vehicle Standards Act 1989, which mandates nationally uniform standards for new road vehicles supplied in Australia. The amendment process involved consultation with relevant industry and technical groups, specifically the Technical Liaison Group, due to the minor nature of the proposed changes, precluding the need for broader consultation or a Regulation Impact Statement.

Key Provisions

The Vehicle Standard (Australian Design Rule 58/00 – Requirements for Omnibuses Designed for Hire and Reward) 2006 Amendment 1, made under the Motor Vehicle Standards Act 1989, sets out specific requirements for the design and construction of omnibuses intended for licensing, hire, and reward (sections 1 and 2.1). The amendment allows manufacturers of small omnibuses, which do not exceed 15 seating positions including the driver, to comply with either the Australian Design Rule 58/00 or the United Nations - Economic Commission for Europe Regulation No. 52 (section 2.2). This flexibility is intended to accommodate different technical standards without increasing the stringency of the existing ADR. The obligations under this legislation primarily concern manufacturers of omnibuses who must ensure their vehicles meet the specified design and construction requirements (section 2.1). Manufacturers have the option to comply with either ADR 58/00 or the alternative UNECE Regulation No. 52, depending on the seating capacity of the omnibus (section 2.2). The legislative process involved extensive consultation with relevant industry and government bodies, including the Technical Liaison Group (TLG), to ensure the changes were considered and agreed upon (section 3.3). The amendment also required the preparation of a Regulation Impact Statement to assess the impact of the proposed changes, although this was not deemed necessary for this minor amendment (section 3.4). Breach of the requirements set out in ADR 58/00 or the amended provisions could result in legal consequences for manufacturers and operators of omnibuses. Although the explanatory statement does not explicitly detail the specific offences, penalties, or consequences for non-compliance, it is reasonable to infer that failure to adhere to the mandated design and construction standards could lead to penalties under the Motor Vehicle Standards Act 1989. Typically, penalties for non-compliance with vehicle standards in Australia can include fines, vehicle impoundment, and potential criminal charges for serious breaches, depending on the nature and extent of the violation. The maximum penalties could vary, but they are generally significant enough to enforce compliance with the regulatory standards.

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