Vehicle Standard (Australian Design Rule 62/01 – Mechanical Connections Between 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 Transport and
Regional Service
June 2007
CONTENTS
1. legislative context...............................................3
2. content and effect of THE AMENDMENT............................3
3. consultation arrangements.........................................3
- legislative context
Vehicle Standard (Australian Design Rule 62/01 – Mechanical Connections Between 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 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".
Vehicle Standard (Australian Design Rule 62/01 – Mechanical Connections Between Vehicles) 2006 (ADR 62/01) was originally determined in 2006.
2. content and effect of THE AMENDMENT
2.1. Overview
The function of this vehicle standard is to specify requirements for mechanical connections (couplings) between vehicles, to ensure positive mechanical engagement and to prohibit disengagement during use.
This amendment allows for a transition between ADR 62/01 and the later version ADR 62/02. The changes do not affect the original intent or operation of the standard.
2.2. Changes
This amendment exempts vehicles from having to comply with an earlier version of a vehicle standard where they comply with a later version. This formalises the existing transition arrangements between earlier and later versions of the same vehicle standard.
3. consultation arrangements
3.1. 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 settled by agreement between the Department of Transport and Regional Services and the National Transport Commission. This process is only invoked 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.
3.2. Specific Consultation Arrangements for this Vehicle Standard
The changes are administrative in nature only and are covered by the Regulation Impact Statement for ADR 62/02, the later version of this vehicle standard. The changes do not affect the original intent or operation of the standard and so no consultation has been necessary.
Overview
The Vehicle Standard (Australian Design Rule 62/01 – Mechanical Connections Between Vehicles) 2006 Amendment 1 was enacted in 2007 under the authority of the Motor Vehicle Standards Act 1989. This legislation, introduced by the Australian Government, seeks to address the need for nationally uniform standards for road vehicles supplied in Australia, irrespective of whether they are manufactured domestically or imported. The amendment serves to formalise the transition between the earlier version of the vehicle standard, ADR 62/01, and its later version, ADR 62/02, without altering the original intent or operation of the standard. The policy objective remains consistent with the overarching goal of the Act, which is to ensure road safety and uniformity in vehicle standards across the nation. The amendment was made in accordance with the consultative processes established under the Act, involving relevant stakeholders and institutional arrangements.
Scope and Application
The Vehicle Standard (Australian Design Rule 62/01 – Mechanical Connections Between Vehicles) 2006 Amendment 1 is a legislative instrument crafted under the Motor Vehicle Standards Act 1989, aimed at ensuring that road vehicles and their components meet nationally uniform standards when supplied to the Australian market. This Act applies to all road vehicles and components, irrespective of whether they are manufactured domestically or imported into Australia, whether as new or second-hand. The Act is designed to establish these uniform standards to enhance road safety and ensure vehicles perform consistently across the country. The amendment serves to formalise transition arrangements between different versions of vehicle standards, specifically between ADR 62/01 and ADR 62/02, without altering the original intent or operation of the standards. This ensures that vehicles complying with the newer version are exempt from adhering to the earlier one, thereby streamlining compliance. The legislation’s scope is national, applying across all states and territories in Australia, and it extends its reach through subordinate instruments, which may further detail or refine the application of these standards.
Key Provisions
The main operative sections of the Vehicle Standard (Australian Design Rule 62/01 – Mechanical Connections Between Vehicles) 2006 Amendment 1 (section 1) formalise the transition arrangements between earlier and later versions of the same vehicle standard. This amendment (section 2.2) allows for vehicles to be exempt from having to comply with an earlier version of a vehicle standard if they comply with a later version. It is important to note that these changes do not affect the original intent or operation of the standard, but rather provide a formal mechanism for the transition between versions.
The obligations and requirements imposed by this amendment (section 2.1) are primarily administrative. Vehicles now have the option to comply with a later version of a vehicle standard instead of an earlier one, provided they meet the requirements of the newer version. This simplifies the compliance process for manufacturers and owners of vehicles who have upgraded to a later standard. The amendment also ensures that the original intent and operation of the standard remain unchanged, maintaining the safety and performance requirements for mechanical connections between vehicles.
Under the Motor Vehicle Standards Act 1989 (section 7), the Minister has the authority to determine vehicle standards for road vehicles or vehicle components. The amendment to ADR 62/01 is made in accordance with this authority. The legislative context (section 1) highlights the importance of having nationally uniform standards for road vehicles in Australia, regardless of whether they are manufactured domestically or imported. This amendment to ADR 62/01 ensures that the transition between versions of the standard is managed in a manner that is consistent with the overall objectives of the Act.
There are no specific offences, penalties, or consequences outlined in the amendment itself. However, the Motor Vehicle Standards Act 1989 (section 7) provides for enforcement and compliance measures to be put in place to ensure that vehicle standards are adhered to. Non-compliance with vehicle standards could potentially result in penalties or legal consequences under the Act, although the specific penalties would depend on the nature and severity of the non-compliance. It is important for manufacturers, importers, and vehicle owners to be aware of their obligations under the Act and to ensure that their vehicles meet the required standards.
Consultation arrangements (section 3) play a crucial role in the development and amendment of vehicle standards. The process involves collaboration between the Federal and State/Territory Governments, as well as consultation with industry and consumer groups. The amendment to ADR 62/01, being administrative in nature, is covered by the Regulation Impact Statement for ADR 62/02, the later version of this vehicle standard. This ensures that the changes do not affect the original intent or operation of the standard, and no additional consultation has been necessary. The consultation process is designed to ensure that the views and concerns of all stakeholders are considered when developing or amending vehicle standards.