Vehicle Standard (Australian Design Rule 6/00 – Direction Indicators) 2005 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
October 2006
CONTENTS
1. legislative context................................................
2. content and effect of ADR 6/00 - Direction Indicators Amendment 1........
3. consultation arrangements..........................................
- legislative context
Vehicle Standard (Australian Design Rule 6/00 — Direction Indicators) 2005 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 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) 6/00 was originally determined in Determination of Motor Vehicle Standards - Order No. 1 of 1989 and remade in Vehicle Standard (Australian Design Rule 6/00 - Direction Indicators) 2005.
- content and effect of ADR 6/00 - Direction Indicators Amendment 1
- Changes to the ADR
Schedule 1 to the amending instrument makes three changes.
Item [1] corrects a reference to Annex 2. The original incorrect reference would have the effect of negating the different categories of direction indicated used in the vehicle standard.
Item [2] corrects a reference to Annex 3 and [3] corrects a spelling error that was present in the source UNECE document.
These changes are necessary to prevent any potential confusion when applying the vehicle standards.
- Documents Incorporated by Reference
The amending instrument does not incorporate any documents by reference (excluding the principle instrument).
- consultation arrangements
- 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 Technical Liaison Group (TLG), Transport Agencies Chief Executives (TACE), and the Australian Transport Council (ATC).
- TLG consists of 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).
- TACE consists of the chief executives of Australian and State/Territory departments of transport and road vehicle administrations.
- ATC consists of the Australian, State/Territory and New Zealand Ministers with responsibility for transport issues.
Editorial changes and changes to correct errors are processed by the Department of Transport and Regional Services. This approach is only used where the amendments do not vary the intent of the vehicle standard.
New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers. Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services. Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation.
- Specific Consultation Arrangements for this Vehicle Standard
As this amending instrument corrects typographical errors, a regulation impact statement has not been prepared and no consultation has been carried out.
Overview
The Vehicle Standard (Australian Design Rule 6/00 – Direction Indicators) 2005 Amendment 1 was enacted in 2006 under the Motor Vehicle Standards Act 1989. This amendment was introduced to address minor errors in the original Australian Design Rule 6/00, which pertain to the direction indicators of road vehicles. The Act was established to create and enforce nationally uniform standards for road vehicles supplied in Australia, irrespective of whether they are manufactured domestically or imported. The policy objective behind these amendments is to ensure clarity and precision in the application of vehicle standards, thereby preventing any potential confusion that might arise from the errors in the original rule.
The amendment was made under the authority of the Minister for Transport and Regional Services and does not involve any substantive changes to the existing standards. Instead, it corrects specific references and a spelling error present in the original rule. The Australian Government has a well-established practice of consulting widely on proposed new or amended vehicle standards, engaging with federal and state/territory governments, industry stakeholders, and consumer groups. However, for this particular amendment, which only corrects typographical errors, no additional consultation was deemed necessary, and no regulation impact statement was prepared.
Scope and Application
The Vehicle Standard (Australian Design Rule 6/00 – Direction Indicators) 2005 Amendment 1 applies to road vehicles supplied in Australia, whether manufactured domestically or imported, as it amends the Australian Design Rule 6/00 concerning direction indicators. This amendment is made under the Motor Vehicle Standards Act 1989, which mandates the establishment of uniform national standards for vehicles when first supplied to the market. The Act’s jurisdiction extends to all road vehicles within Australia, irrespective of their origin, and it encompasses both new and second-hand vehicles. The legislative framework allows the Minister to determine vehicle standards for road vehicles or components, thus providing a nationally consistent approach to vehicle safety and performance. This particular amendment rectifies typographical errors in the original rule, ensuring that the standards are applied correctly and without confusion. While the amendment itself is straightforward, the process for enacting new or amended vehicle standards involves extensive consultation with relevant stakeholders, including government bodies, industry representatives, and consumer groups, to ensure the standards meet their intended objectives effectively.
Key Provisions
The Vehicle Standard (Australian Design Rule 6/00 – Direction Indicators) 2005 Amendment 1 (the Amendment) primarily addresses technical corrections to Australian Design Rule (ADR) 6/00, ensuring that the standards for vehicle direction indicators are accurately represented. Section 1 of the Amendment corrects a reference to Annex 2, rectifying an error that could have negated the different categories of direction indicators (Item [1]). It also corrects a reference to Annex 3 and a spelling error in the source UNECE document (Items [2] and [3]). These corrections are critical to maintaining the integrity and clarity of the vehicle standards, ensuring that they can be properly implemented and enforced.
The Amendment imposes obligations on vehicle manufacturers and importers to adhere to the corrected standards outlined in ADR 6/00. This includes ensuring that vehicles supplied to the Australian market, whether manufactured domestically or imported, meet the specified requirements for direction indicators. The compliance with these standards is essential for road safety and uniformity across the Australian vehicle market. Vehicle manufacturers and importers must ensure their products comply with the corrected ADR, which involves making necessary design or engineering adjustments to meet the updated specifications.
Breaches of the standards set out in ADR 6/00, even following the Amendment, could lead to significant consequences. Although the Amendment itself does not introduce new offences, failure to comply with ADR standards can result in penalties under the Motor Vehicle Standards Act 1989. Such penalties may include fines and other enforcement actions by regulatory authorities. The precise penalties depend on the severity of the non-compliance and are determined in accordance with the broader provisions of the Act, which may include substantial fines for individuals and corporations found in breach of the vehicle standards.