Vehicle Standard (Australian Design Rule 61/00 – Vehicle Marking) 2006

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

Legislation au F2006L03055 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 61/00 – Vehicle Marking) 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

 

 

 

 

 

 

 

August 2006

 

CONTENTS

 

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

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

3. content and effect of ADR 61/00 - Vehicle Marking......................

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 61/00 — Vehicle Marking) 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) 61/00 was originally determined in Determination of Motor Vehicle Standards Order No. 3 of 1989 and has been amended in one subsequent determinations.  ADR 61/00 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 61/00 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 61/00 - Vehicle Marking
    1.                  Overview of the ADR

The function of this vehicle standard is to specify requirements for vehicle marking.  This includes vehicle identification numbers, compliance plates and registration plate holders.


  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.

“61.0. Legislative provisions

61.0.1. NAME OF STANDARD

61.0.1.1. This Standard is the Vehicle Standard (Australian Design Rule 61/00 – Vehicle Marking) 2006.

61.0.1.2. This Standard may also be cited as Australian Design Rule 61/00 — Vehicle Marking.

61.0.2. COMMENCEMENT

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

61.0.3. REPEAL

61.0.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 61/00 — Vehicle Marking that is:

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

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

61.0.3.2. 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 61/00 — Vehicle Marking, 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. “

  • Replace the text of the Definitions clause 61.1 with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

The text of clause 61.0 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.

 

Changes to clause 61.1 have been made to reference the ADR Definitions and Vehicle Categories as remade for the LIA requirements.


  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.
    • Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005
    • ADR 13/... 'Installation of Lighting and Light-signalling Devices" (s61.7)
    • ADR 43/01 – Vehicle Configuration and Marking (Applicability)
  • 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 MP 55-1988 "VIN Codes" (s61.2.2.2)
  • Federal Motor Vehicle Safety Standards can be obtained from the US Department of Transport, http://www.nhtsa.dot.gov/.
    • FMVSS 115 - "Vehicle Identification Number" (44 FR 17,498 to 17 or 48 FR 22,569 to 22,572; as amended by 50 FR 4„222) (s61.2.2.1)
  • International Standards Organisation, http://www.iso.org.
    • ISO 3779, "Road Vehicles – Vehicle identification number (VIN) - Content and structure" (Ref. No. ISO 3779 - 1983 (E) ) (s61.2.1.1)
    • ISO 3780, "Road Vehicles – World Manufacturer Identifier (WMI) code' (Ref. No. ISO 3790 - 1993 (E)) (s61.2.1.2)
    • ISO 4030, "Road Vehicles – Vehicle Identification Number (VIN) - Location and attachment" (Ref. No. ISO 4030 - 198 (E)) (s31.2.1.3)
  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 61/00 – Vehicle Marking) 2006 was enacted under the Motor Vehicle Standards Act 1989. This Act was introduced to establish nationally uniform standards for road vehicles supplied to the Australian market, whether manufactured domestically or imported. The purpose of the 2006 Vehicle Standard is to address the need for clarity and accessibility of legislative instruments in compliance with the Legislative Instruments Act 2003. By remaking each Australian Design Rule (ADR) as a separate vehicle standard, the new format facilitates better tracking and understanding of changes to individual ADRs. This legislative instrument retains the original substance of ADR 61/00, which specifies requirements for vehicle marking, including vehicle identification numbers, compliance plates, and registration plate holders. The reform was carried out to meet the requirements of the Legislative Instruments Act 2003, ensuring that ADRs are easier to access and their change histories can be tracked effectively on the Federal Register of Legislative Instruments.

Scope and Application

The Vehicle Standard (Australian Design Rule 61/00 – Vehicle Marking) 2006 is a regulation made under the Motor Vehicle Standards Act 1989, which applies to road vehicles supplied to the market in Australia, regardless of whether they are manufactured domestically or imported as new or second-hand vehicles. The Act empowers the Minister to determine vehicle standards for road vehicles or vehicle components, and ADR 61/00 specifically addresses the requirements for vehicle marking, including vehicle identification numbers, compliance plates, and registration plate holders. The legislative context of the Act is to establish nationally uniform standards for road vehicles, ensuring safety, performance, and environmental protection across the country. The ADR has been remade to comply with the Legislative Instruments Act 2003 and to allow for better tracking and access to the vehicle standards. This remaking has not altered the substance of the standard as last determined, but it has improved the format and referencing to other relevant standards and documents. The scope of the ADR is national, applying uniformly across Australia, and it extends to all vehicles subject to the Motor Vehicle Standards Act 1989.

Key Provisions

The Vehicle Standard (Australian Design Rule 61/00 – Vehicle Marking) 2006 (the Standard) is an instrument made under section 7 of the Motor Vehicle Standards Act 1989 (the Act). It outlines the national standards for vehicle marking, including the vehicle identification number, compliance plates, and registration plate holders. The Standard (section 61.0.3.1) repeals any existing vehicle standards with the name Australian Design Rule 61/00 – Vehicle Marking that were made under section 7 of the Act and were in force at the commencement of the Standard. Additionally, it repeals any instruments made under section 7 of the Act that created a vehicle standard with the name Australian Design Rule 61/00 – Vehicle Marking 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 the Standard (section 61.0.3.2). The Standard specifies the requirements for vehicle marking, including vehicle identification numbers, compliance plates, and registration plate holders. It references several documents, such as the Australian Design Rules, Australian Standard MP 55-1988 "VIN Codes," and International Standards Organisation ISO 3779, "Road Vehicles – Vehicle identification number (VIN) - Content and structure" (section 61.2.1.1). The Standard imposes obligations on vehicle manufacturers, importers, and dealers to ensure that vehicles comply with the specified requirements for vehicle marking. This includes ensuring that vehicles have a unique vehicle identification number, a compliance plate, and a registration plate holder that meet the standards set out in the legislation. The Standard also requires that vehicles be marked in accordance with the relevant Australian Design Rules and international standards. There are no specific offences, penalties, or civil/criminal consequences outlined in the Standard for breach of its provisions. However, non-compliance with the Motor Vehicle Standards Act 1989 may result in penalties under that Act. The Act provides for the imposition of fines, imprisonment, or both for offences such as supplying a non-compliant vehicle or using a non-compliant vehicle on a road. The maximum penalties for these offences vary depending on the circumstances and the nature of the offence. For example, the maximum penalty for supplying a non-compliant vehicle is a fine of up to $22,000 for an individual or $110,000 for a body corporate, or imprisonment for up to two years, or both (section 34(1) of the Act). Similarly, the maximum penalty for using a non-compliant vehicle on a road is a fine of up to $5,500 for an individual or $27,500 for a body corporate (section 35(1) of the Act).

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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.