Vehicle Standard (Australian Design Rule 68/00 – Occupant Protection in Buses) 2006

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

Legislation au F2006L01454 In force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 68/00 – Occupant Protection in Buses) 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

 

 

 

 

 

 

 

 

February 2006

 

 

CONTENTS

 

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

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

3. content and effect of ADR 68/00 - Occupant
Protection in Buses...............................................

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

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule 68/00 — Occupant Protection in Buses) 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) 68/00 was originally determined in Determination No. 3 of 1992 and has been amended in two subsequent determinations.  ADR 68/00 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 68/00 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 68/00 - Occupant Protection in Buses
    1.                  Overview of the ADR

The function of this ADR is to specify, for certain buses, requirements for seatbelts, seats, anchorages, and provisions for protecting occupants from impact with seat backs and accessories on seats. 

 


  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 68/00 – Occupant Protection in Buses) 2006.

0.1.2. This Standard may also be cited as Australian Design Rule 68/00 — Occupant Protection in Buses.

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 68/00 — Occupant Protection in Buses that is:

(a) made under section 7 of the Motor Vehicles Standard 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 Vehicles Standard Act 1989 that creates a vehicle standard with the name Australian Design Rule 68/00 — Occupant Protection in Buses, 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. “

  • Remove the definitions ‘Hybrid II’, ‘Hybrid III’, ‘Reference Height’, ‘Reference Plane’
  • Add the following as clause 4.1 “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”
  • Delete the remaining definitions.

 

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 4 have been made to reference the ADR Definitions and Vehicle Categories as remade for the LIA requirements.  The deleted definitions have been added to Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005

  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.
    • Australian Design Rule – Definitions and Vehicle Categories (s4.1)
    • ADR 4 (s5.4.2)
    • ADR 34 (s5.6.1)
  • 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 2596-1983, “Seat Belt Assemblies for Motor Vehicles” (s11.2.3.3)
  • Federal Motor Vehicle Safety Standards can be obtained from the US Department of Transport, http://www.nhtsa.dot.gov/.
    • FMVSS 208 Issue 4 December 1989 (s7.6.4)
  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 68/00 – Occupant Protection in Buses) 2006 is an instrument made under the Motor Vehicle Standards Act 1989. The Act allows the Australian Government to establish uniform standards for road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported. The Vehicle Standard focuses specifically on occupant protection in buses, detailing requirements for seatbelts, seats, anchorages, and protection from impact with seat backs and seat accessories. This standard was remade to comply with the Legislative Instruments Act 2003, which aims to provide better access to legislative instruments and track their history and changes. The remaking ensures that each ADR is treated as a separate legislative instrument, facilitating easier identification of changes and compliance with the Federal Register of Legislative Instruments. The policy objective remains to enhance road safety by ensuring that buses meet specific occupant protection standards.

Scope and Application

The Vehicle Standard (Australian Design Rule 68/00 – Occupant Protection in Buses) 2006 applies to buses manufactured or imported into Australia, regardless of whether they are new or second-hand vehicles. This standard is made under the Motor Vehicle Standards Act 1989, which empowers the Minister to determine vehicle standards for road vehicles or vehicle components. The Act aims to establish nationally uniform standards for road vehicles when they are first supplied to the market in Australia. The ADR 68/00 sets out specific requirements for seatbelts, seats, anchorages, and provisions for protecting occupants from impact with seat backs and accessories on seats for certain buses. The remaking of ADR 68/00 has been done to comply with the Legislative Instruments Act 2003, which aims to allow easy access to all legislative instruments and to be able to track their history and changes. This change has not altered the substance of the standard as last determined. The changes to ADR 68/00 include the presentation of the ADR in a single column of text rather than two columns, correction of several typographical errors, and the removal of certain definitions that are now referenced in Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005. The remaking of each ADR as a separate legislative instrument allows for the easy isolation of the change history of individual ADRs and the legislative instruments on the Federal Register of Legislative Instruments.

Key Provisions

The Vehicle Standard (Australian Design Rule 68/00 – Occupant Protection in Buses) 2006 (the "Standard") is established under the Motor Vehicle Standards Act 1989 (the "Act") to define nationally uniform standards for road vehicles, including buses, when first supplied to the market in Australia. Section 7 of the Act empowers the Minister to determine these vehicle standards, and the Standard specifically focuses on occupant protection in buses (section 1). This Standard specifies requirements for seatbelts, seats, anchorages, and measures to protect occupants from impact with seat backs and accessories on seats. The Standard comes into effect on the day after its registration (section 0.2). The Standard imposes obligations on manufacturers, importers, and dealers to ensure that buses sold in Australia comply with the occupant protection requirements outlined in the Standard. These obligations include providing vehicles that meet the specified safety standards, ensuring that any modifications to vehicles still comply with the Standard, and maintaining records of compliance. The Standard also mandates that all safety-related components of buses, such as seatbelts and seats, must meet the specified technical and performance criteria to ensure occupant protection during accidents. Failure to comply with the provisions of the Standard can result in significant penalties. Under section 32 of the Act, non-compliance with a vehicle standard can lead to civil penalties for manufacturers, importers, and dealers. The maximum penalty for a corporation can be up to $16,200 for each offence, and for individuals, the penalty can be up to $3,240 per offence. Additionally, the Act allows for the seizure and detention of non-compliant vehicles, and in severe cases, the Minister may initiate criminal proceedings, which can result in heavier penalties and imprisonment for those found guilty of knowingly supplying non-compliant vehicles.

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Environmental Law
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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.