Vehicle Standard (Australian Design Rule 8/01 –
Safety Glazing Material) 2005 Amendment 2
Made under section 7 of the Motor Vehicle Standards Act 1989
Explanatory Statement
Issued by the authority of the Parliamentary Secretary for Infrastructure and Transport
November 2010
CONTENTS
1. legislative context...............................................3
2. content and effect of ADR 8/01 AND THE AMENDMENT..............3
2.1. Overview of the ADR............................................3
2.2. EFFECT OF the ADR amendment..................................3
3. best practice regulation...........................................4
3.1. Business Cost Calculator..........................................4
3.2. General Consultation Arrangements.................................4
3.3. Specific Consultation Arrangements for this Vehicle Standard............5
3.4. Regulation Impact Statement.......................................5
- legislative context
Vehicle Standard (Australian Design Rule 8/01 — Safety Glazing Material) 2005 Amendment 2 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 8/01 — Safety Glazing Material) 2005 (ADR 8/01) was originally determined in 2005 and was subsequently amended in 2006.
2. content and effect of ADR 8/01 and THE amendment
2.1. Overview of the ADR
ADR 8/01 specifies performance requirements for external and internal safety glazing in motor vehicles. Its technical content is based on United Nations Economic Commission for Europe (UNECE) Regulation No. 43.
2.2. Effect of the ADR Amendment
ADR 8/01 currently lists UNECE R43/00 as an alternative standard. This regulation was updated in July 2009 to allow a reduction of light transmittance (level of tint) of glazing used for forward vision from 75 per cent down to 70 per cent. This will align requirements across major vehicle producing economies. A lower level of tint will not affect safety, but will reduce the solar heat load for climate control systems and slow the degradation of internal trim.
This amendment involves the following changes:
- allowing a minimum of 70 per cent optical transmission in the primary vision area;
- allowing the latest version of UNECE R 43/00 as an alternative standard;
- updating the technical content of the ADR to allow for the latest version of UNECE R 43 to be fully reflected within the text;
These changes do not increase the stringency of the ADR, as an alternative standard clause will continue to provide the option of complying with earlier versions of UNECE R 43/00.
3. best practice regulation
3.1. Business Cost Calculator
There is no expected increase in cost to manufacturers, as the proposed amendments do not increase the stringency of the ADR.
3.2. 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), Standing Committee on Transport (SCOT), 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).
- SCOT 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.
Although at the time of writing the TLG is in the process of being reconstituted under a higher level Strategic Vehicle Safety and Environment Group (SVSEG), its role in ADR development will continue as before.
Editorial changes and changes to correct errors are processed by the Department of Infrastructure, Transport, Regional Development and Local Government. This approach is only used where the amendments do not vary the intent of the vehicle standard.
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 Best Practice Regulation Handbook and the Council of Australian Governments Principles and Guidelines for National Standard Setting and Regulatory Action for Ministerial Councils and Standard-Setting Bodies.
3.3. Specific Consultation Arrangements for this Vehicle Standard
The proposed minor amendments were discussed within the TLG at its 26 November 2009 meeting. Following out of session clarifications, the proposal to amend ADR 8/01 as outlined was agreed to by all members.
As the amendments are minor in nature, and do not raise the stringency of the ADR, TLG members agreed that further consultation was not necessary through the public comment process. The state and territory representatives were also confident that they represented the views of their jurisdictions and that there was no need for further consultation through the Standing Committee On Transport (SCOT) or the Australian Transport Council (ATC).
3.4. Regulation Impact Statement (RIS)
As the proposed amendment does not increase the stringency of the ADR, a Regulation Impact Statement is not required. The Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference No. 11449).