Vehicle Standard (Australian Design Rule 61/01 – Vehicle Marking) 2006

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

Legislation au F2006L02730 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 61/01 – 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

 

 

 

 

 

 

 

2006

 

CONTENTS

 

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

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

3. content and effect of ADR 61/01 - Vehicle Marking......................

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 61/01 — 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) 61/01 was originally determined in Road Vehicle (National Standards) Determination 2 of 1992 and has not been amended in subsequent determinations.  ADR 61/01 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 61/01 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 61/01 - 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, engine numbers, certification plates and registration plates.


  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 61/01 – Vehicle Marking) 2006.

0.1.2. This Standard may also be cited as Australian Design Rule 61/01 — Vehicle Marking.

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 61/01 — 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.

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 61/01 — 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 61.1.1 with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

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.

 

Changes to clause 61.1.1 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 19 – (s61.7)
    • ADR 43/01
    • ADR 59/00 – Omnibus Rollover Strength (s61.5.6)
  • 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)
  • International Standards Organisation documents and be purchased from their website 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 3780 - 1983 (E)) (s61.2.1.2)
    • ISO 4030, "Road Vehicles - Vehicle identification number (VIN) - Location and attachment" (Ref. No.  ISO 4030 - 1983 (E)) (s61.2.1.3)
  • 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 17,500; or 48 FR 22,569 to 22,572; as amended by 50 FR 4,222) (s61.2.2.1)
  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 61/01 – Vehicle Marking) 2006 was enacted under the Motor Vehicle Standards Act 1989 to establish nationally uniform standards for road vehicles when first supplied to the Australian market, ensuring consistency regardless of whether the vehicles are manufactured domestically or imported. This legislation addresses the need for a more organised and accessible legislative framework in line with the requirements of the Legislative Instruments Act 2003. By remaking the Australian Design Rule 61/01 as a separate legislative instrument, it allows for better tracking of changes and history of individual standards, thus facilitating compliance and enforcement. The policy objective is to enhance the clarity and accessibility of vehicle standards, thereby improving regulatory compliance and public safety.

Scope and Application

The Vehicle Standard (Australian Design Rule 61/01 – Vehicle Marking) 2006 applies to all road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported. This standard is made under the Motor Vehicle Standards Act 1989, which empowers the Australian Government to establish nationally uniform standards for road vehicles. The Act applies to vehicles at the point of first supply to the market in Australia, whether new or second hand. The purpose of the standard is to specify requirements for vehicle markings, including vehicle identification numbers, engine numbers, certification plates, and registration plates. The changes to ADR 61/01, such as format adjustments and correction of typographical errors, do not alter the substance of the original standard but aim to comply with the Legislative Instruments Act 2003. The remaking of each ADR as a separate vehicle standard allows for better tracking and accessibility of legislative changes. No exclusions or exemptions are specified in the Act, and its application is nationwide, ensuring consistency across all states and territories in Australia.

Key Provisions

The Vehicle Standard (Australian Design Rule 61/01 – Vehicle Marking) 2006, made under section 7 of the Motor Vehicle Standards Act 1989 (the Act), establishes uniform national standards for the marking of road vehicles, including their identification numbers, engine numbers, certification plates, and registration plates (sections 0.1, 0.2). This standard ensures that all vehicles supplied to the market in Australia, whether manufactured locally or imported, comply with the specified marking requirements. It replaces previous vehicle standards under section 7 of the Act, ensuring a more straightforward and accessible legislative framework (section 0.3). The Act imposes several obligations on the parties governed by this standard. Vehicle manufacturers and importers must ensure that all new and second-hand vehicles comply with the marking requirements set out in ADR 61/01. This includes the proper placement and legibility of vehicle identification numbers (VIN), engine numbers, and registration plates. Compliance with these requirements is necessary for vehicles to be legally registered and operated in Australia (section 61.2.1.1-61.2.1.3). Failure to comply with the marking requirements of ADR 61/01 can result in both civil and criminal consequences. Under the Motor Vehicle Standards Act 1989, any person who contravenes a vehicle standard may be subject to civil penalties, including fines. For example, non-compliance with the VIN requirements can lead to penalties for each offence (section 201A). Additionally, under the Crimes Act 1914, knowingly supplying a non-compliant vehicle can lead to criminal charges, with potential penalties including fines and imprisonment (section 286A). The maximum penalties for these offences can vary, but they are intended to ensure that vehicles on Australian roads are safe and identifiable.

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Area of Law
Commercial Law
Consumer Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
Compliance Obligations
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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.