Vehicle Standard (Australian Design Rule 95/00 – Installation of Tyres) 2018

Made under section 7 of the Motor Vehicle Standards Act 1989

Explanatory Statement

Issued by the authority of the Assistant Minister to the Deputy Prime Minister

October 2018

Contents

1. LEGISLATIVE CONTEXT......................................3

2. CONTENT AND EFFECT OF ADR 95/00 – INSTALLATION
OF TYRES...................................................3

2.1. Overview of the ADR...........................................3

2.2. Effect of the ADR..............................................3

2.3. Incorporated Documents.........................................3

3. BEST PRACTICE REGULATION................................5

3.1. Benefits and Costs..............................................5

3.2. General Consultation Arrangements................................5

3.3. Specific Consultation Arrangements for this Vehicle Standard...........6

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS........6

4.1. Overview of the Legislative Instrument.............................6

4.2. Human Rights Implications.......................................6

4.3. Conclusion...................................................6

1.                       LEGISLATIVE CONTEXT

The Vehicle Standard (Australian Design Rule 95/00 – Installation of Tyres) 2018 is made under the Motor Vehicle Standards Act 1989 (the Act).  The Act enables the Australian Government to establish nationally uniform standards that apply to new 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 imported.

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”.

The Vehicle Standard (Australian Design Rule 95/00 – Installation of Tyres) 2018 (ADR 95/00) is a new standard made as part of a restructure and replacement of the Australian Design Rule  42/04 – General Safety Requirements (ADR 42/04).

2.                       CONTENT AND EFFECT OF ADR 95/00 – INSTALLATION OF TYRES

2.1.                 Overview of the ADR

This vehicle standard prescribes requirements for the installation of pneumatic tyres to vehicles.

2.2.                 Effect of the ADR

The standard will apply to all ADR categories of vehicles.  New model vehicles will need to be certified to this standard from 1 July 2019.  There is no mandatory application date for all other vehicles.  They may comply with this vehicle standard or continue to comply with ADR 42/04.

L-Group vehicles (mopeds and motorcycles) must meet the requirements of clauses 5.1.1 to 5.1.3.  ADR category MA, MB and MC vehicles (passenger cars, passenger vans, and off-road passenger vehicles) must meet the requirements of clauses 5.2.1 to 5.2.4, or Appendix A as varied by Section 6 Exemptions and Alternative Procedures, or the alternative standard listed under clause 7.  ADR category MD and ME vehicles (omnibuses) and N-Group vehicles (goods vehicles) must comply with clauses 5.2.1 to 5.2.4.  T-Group vehicles (trailers) must comply with clauses 5.3.1 to 5.3.5.

2.3.                 Incorporated Documents

This standard incorporates references to a number of standards of a highly technical nature.  These standards are typically accessed by vehicle manufacturers, tyre manufacturers and test facilities as part of their professional library.

Clause 5.1.3 of this standard incorporates references to ISO 5751-2:2010, the Tyre and Rim Association of Australia Standards Manual – 2018 edition, the European Tyre and Rim Technical Organisation Standards Manual – 2018 edition, the Japan Automobile Tyre Manufacturers Association Inc. year book – 2018 edition, and the US Tyre and Rim Association, Inc. Year Book – 2018 edition.  These standards specify the dimensions, maximum inflation pressure, load‑carrying capacity and rims for tyres by size designation.

Clause 5.3.4 of this standard incorporates a reference to AS 1973 – 1993.  This standard sets out a code of practice for the re-treading of pneumatic diagonal and radial ply tyres, including requirements for initial inspection, processing, marking and final inspection.  It also sets out requirements for in-service repairs to tyres and repairs made in conjunction with the re-treading process.

Clause 7 of this standard incorporates a reference to the United Nations (UN) Regulation No. 142 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF VEHICLES WITH REGARD TO INSTALLATION OF THEIR TYRES (R 142).

Appendix A of this standard incorporates references to the Consolidated Resolution on the Construction of Vehicles (R.E.3.) – document ECE/TRANS/WP.29/78/Rev.4, the UN Regulation No. 30 (R 30), the UN Regulation No. 54 (R 54), the UN Regulation No. 64 (R 64) and ISO 612:1978.  R.E.3. includes the UN vehicle category definitions for motor vehicles and trailers.  UN R 30, UN R 54 and UN R 64 are international standards for passenger car tyres, commercial vehicle tyres and temporary-use spare tyres respectively.  ISO 612:1978 defines terms relating to dimensions of motor vehicles and trailers.  Compliance with Appendix A is an option to other requirements specified in the ADR.

In accordance with subsections 14(1)(b) and 14(2) of the Legislation Act 2003, each standard incorporated by reference is incorporated as in force at the commencement of the Determination.

The Consolidated Resolution on the Construction of Vehicles (R.E.3.) – document ECE/TRANS/WP.29/78/Rev.4 and the UN Regulations (including R 30, R 54 and R 64) may be freely accessed online through the UN World Forum for the Harmonization of Vehicle Regulations (WP.29).  The WP.29 website is www.unece.org/trans/main/welcwp29.html.

AS 1973 – 1993 is available for purchase only through SAI Global.  This standard has been referenced in the ADRs for 25 years.  Manufacturers of re-treaded tyres access this standard as part of their professional library.

ISO 612:1978 and ISO 5751- 2:2010 are all available for purchase only through the International Organization for Standardization (ISO) and various associated national standards bodies.  These standards have been referenced in national, regional and international vehicle standards for a number of years.  Vehicle manufacturers, tyre manufacturers and test facilities access these standards as part of their professional library.

The tyre and rim standards manuals/year books referenced in clause 5.1.3 of this standard are available for purchase only through each respective regional or national tyre association.  Vehicle manufacturers, tyre manufacturers and test facilities access these standards manuals as part of their professional library.

3.                       BEST PRACTICE REGULATION

3.1.                 Benefits and Costs

This vehicle standard will have a neutral regulatory impact, including in terms of both the benefits and costs of regulation.

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 Commonwealth 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) and the Australian Motor Vehicle Certification Board (AMVCB), the Strategic Vehicle Safety and Environment Group (SVSEG) and the Safe Vehicles Theme Group (SVTG), the Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Transport and Infrastructure Council (the Council).

• TLG consists of technical 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).  AMVCB consists of the government members of TLG.
• SVSEG consists of senior representatives of government (Australian and state/territory), the manufacturing and operational arms of the industry and of representative organisations of consumers and road users (at a higher level within each organisation as represented in TLG).  SVTG consists of the government members of SVSEG.
• TISOC consists of state and territory transport and/or infrastructure Chief Executive Officers (CEOs) (or equivalents), the CEO of the National Transport Commission, New Zealand and the Australian Local Government Association.
• The Council consists of the Australian, state/territory and New Zealand Ministers with responsibility for transport and infrastructure issues.

Editorial changes and changes to correct errors are processed by the Department of Infrastructure, Regional Development and Cities (the Department).  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 Best Practice Regulation (OBPR) as published in the Australian Government Guide to Regulation and the Council of Australian Government’s Best Practice Regulation: A Guide for Ministerial Councils and Standard-Setting Bodies.

3.3.                 Specific Consultation Arrangements for this Vehicle Standard

The Department consulted with members of the AMVCB and the TLG in developing the requirements of this standard.

The Department also consulted with the Office of Best Practice Regulation (OBPR) within the Department of Prime Minister and Cabinet on this standard.  A Regulation Impact Statement is not required, as the decision maker is not the Australian Government’s Cabinet, and this vehicle standard will have a neutral regulatory impact.  The OBPR reference number is 24176.

4.                       STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

4.1.                 Overview of the Legislative Instrument

This vehicle standard prescribes requirements for the installation of pneumatic tyres to vehicles.

4.2.                 Human Rights Implications

ADR 95/00 does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

4.3.                 Conclusion

ADR 95/00 is compatible with human rights as it does not raise any human rights issues.