Vehicle Standard (Australian Design Rule 66/00 – Seat Strength, Seat Anchorage Strength and Padding in Omnibuses) 2006

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

Legislation au F2006L02312 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 66/00 – Seat Strength, Seat Anchorage Strength and Padding in Omnibuses) 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

 

 

 

 

 

 

 

June 2006

 

CONTENTS

 

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

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

3. content and effect of ADR 66/00 - Seat Strength, Seat Anchorage Strength and Padding in Omnibuses             

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 66/00 — Seat Strength, Seat Anchorage Strength and Padding in Omnibuses) 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) 66/00 was originally determined in Determination of Motor Vehicle Standards Order No. 1 of 1990 and has been amended in two subsequent determinations.  ADR 66/00 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 66/00 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 66/00 - Seat Strength, Seat Anchorage Strength and Padding in Omnibuses
    1.                  Overview of the ADR

The function of this vehicle standard is to specify requirements for the strength of seats, seat-anchorages and seatbelt anchorages of certain omnibuses; and for protecting occupants from accessories on the seat and the armrests.


  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 66.0.

66.0. Legislative provisions

66.0.1. NAME OF STANDARD

66.0.1.1. This Standard is the Vehicle Standard (Australian Design Rule 66/00  Seat Strength, Seat Anchorage Strength and Padding in Omnibuses) 2006.

66.0.1.2. This Standard may also be cited as Australian Design Rule 66/00  Seat Strength, Seat Anchorage Strength and Padding in Omnibuses.

66.0.2. COMMENCEMENT

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

66.0.3. REPEAL

66.0.3.1. This Standard repeals each vehicle standard with the name Australian Design Rule 66/00  Seat Strength, Seat Anchorage Strength and Padding in Omnibuses that is:

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

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

66.0.3.2. 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 66/00  Seat Strength, Seat Anchorage Strength and Padding in Omnibuses, 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 with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

The text of clause 66.0 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 66.1 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 (s66.1)
    • Vehicle Standard (Australian Design Rule 68/00 – Occupant Protection in Buses) 2006 (sB.3)
  • UNECE Regulations are available from their website, http://www.unece.org/trans/main/wp29/wp29regs.html.
    • UNECE R 80 UNIFORM PROVISIONS CONCERNING THE APPROVAL OF SEATS OF LARGE PASSENGER VEHICLES AND OF THESE VEHICLES WITH REGARD TO THE STRENGTH OF THE SEATS AND THEIR ANCHORAGES (s66.4)
  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 66/00 – Seat Strength, Seat Anchorage Strength and Padding in Omnibuses) 2006 was enacted under section 7 of the Motor Vehicle Standards Act 1989. The Act enables the Australian Government to establish uniform standards for road vehicles when first supplied to the market in Australia, whether manufactured domestically or imported. The purpose of this vehicle standard is to specify requirements for the strength of seats, seat anchorages, and seatbelt anchorages in certain omnibuses, as well as to protect occupants from accessories on the seat and armrests. This standard was remade to comply with the Legislative Instruments Act 2003, which mandates easy access to legislative instruments and the ability to track their history and changes. The remaking of this Australian Design Rule (ADR) has not altered the substance of the standard as last determined but has made it possible for interested parties to view the ADR and its change history on the Federal Register of Legislative Instruments. The remaking of ADR 66/00 as a separate vehicle standard has not involved any substantive changes to the requirements of the rule, but has included several administrative updates to comply with the Legislative Instruments Act 2003. These updates include changes to the format, spelling, and grammar of the ADR, and the incorporation of references to other relevant Australian Design Rules and United Nations Economic Commission for Europe (UNECE) Regulations. Given that these changes are purely administrative and do not affect the intent or technical content of the vehicle standard, no public consultation was undertaken. The Office of Regulation Review has also determined that a regulation impact statement is not required.

Scope and Application

The Vehicle Standard (Australian Design Rule 66/00 – Seat Strength, Seat Anchorage Strength and Padding in Omnibuses) 2006 applies to omnibuses within the scope of the Motor Vehicle Standards Act 1989, encompassing both domestically manufactured and imported vehicles when they are first supplied to the Australian market. This Act mandates national uniformity in vehicle standards, ensuring that omnibuses meet specific requirements for seat, seat-anchorage, and seatbelt anchorage strength, as well as occupant protection from seat accessories and armrests. The Act extends its jurisdiction across the Commonwealth of Australia, ensuring that all omnibuses meet these specified standards regardless of where they are produced or initially supplied. While the Act itself does not explicitly outline exclusions or thresholds, the standards it enforces are meticulously detailed within the Australian Design Rule 66/00. The Act's application may be further refined through subordinate instruments, although the current changes focus primarily on administrative compliance with the Legislative Instruments Act 2003, ensuring better accessibility and traceability of legislative changes.

Key Provisions

The main operative sections of the Vehicle Standard (Australian Design Rule 66/00 – Seat Strength, Seat Anchorage Strength and Padding in Omnibuses) 2006 (the Standard) include sections 66.0.1 to 66.0.3 and the definitions clause, which have been updated to comply with the Legislative Instruments Act 2003 (LIA) and to facilitate its registration in the Federal Register of Legislative Instruments (subsection 66.0.1.2). The Standard specifies the requirements for the strength of seats, seat-anchorages, seatbelt anchorages, and padding in certain omnibuses, as well as for protecting occupants from accessories on the seat and armrests (subsection 66.0.3). The definitions clause now refers to the Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005 (subsection 66.1). The Standard commences on the day after it is registered (subsection 66.0.2.1) and repeals any previous vehicle standards with the same name that were made under section 7 of the Motor Vehicle Standards Act 1989 and were in force at the commencement of this Standard (subsection 66.0.3.1 and 66.0.3.2). The obligations and requirements imposed by the Standard on the parties and entities it governs primarily relate to the design, manufacture, and sale of omnibuses in Australia. Manufacturers and importers of omnibuses must ensure that the seats, seat-anchorages, seatbelt anchorages, and padding of the omnibuses they supply meet the strength requirements specified in the Standard (subsection 66.0.3). Additionally, the Standard mandates that omnibuses be designed and manufactured in a way that protects occupants from potential harm caused by accessories on the seat and armrests (subsection 66.0.3). Failure to comply with the Standard may result in civil or criminal consequences. Under the Motor Vehicle Standards Act 1989, any person who contravenes a vehicle standard may be liable to a penalty of up to $12,600 for an individual and $63,000 for a body corporate (subsection 11.1(1)). In cases where non-compliance with the Standard results in serious injury or death, the offender may face more severe penalties, including imprisonment. The maximum penalties for offences involving serious injury or death are $504,000 for an individual and $2.52 million for a body corporate, along with potential imprisonment of up to five years (subsection 11.1(2)). These penalties serve as a deterrent to non-compliance and underscore the importance of adhering to the Standard to ensure the safety of omnibus occupants.

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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.