Vehicle Standard (Australian Design Rule 96/00 – Commercial Vehicle 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 96/00 – COMMERCIAL VEHICLE 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................................4
3.1. Benefits and Costs..............................................4
3.2. General Consultation Arrangements................................4
3.3. Specific Consultation Arrangements for this Vehicle Standard...........5
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 96/00 – Commercial Vehicle 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 96/00 – Commercial Vehicle Tyres) 2018 (ADR 96/00) 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 96/00 – COMMERCIAL VEHICLE TYRES
2.1. Overview of the ADR
This vehicle standard prescribes requirements for new pneumatic tyres designed primarily for commercial vehicles.
2.2. Effect of the ADR
The circumstances under which vehicles must comply with this standard are set out in the Australian Design Rule 95/… – Installation of Tyres. This standard (ADR 96/00) does not apply to passenger car tyres (otherwise known as Class C1 tyres; and designed primarily for vehicles of UN categories M1, N1, O1 and O2), or re-treaded tyres fitted to trailers, or any temporary-use spare unit(s) supplied with a vehicle.
For vehicles fitted with new light truck or new truck/bus (commercial vehicle) tyres, the tyres fitted must comply with the requirements of Appendix A as varied by Section 6 Exemptions and Alternative Procedures, or at least one of the alternative standards listed under clause 7.
2.3. Incorporated Documents
Clause 7 of this standard incorporates references to the United Nations (UN) Regulation No. 54 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF PNEUMATIC TYRES FOR COMMERCIAL VEHICLES AND THEIR TRAILERS (R 54), the United States Federal Motor Vehicle Safety Standard (FMVSS) No. 119 (49 CFR 571.119) – 10-1-17 Edition, the Japanese Industrial Standard (JIS) D4230:1998 (Automobile tyres), and the Australian/New Zealand Standard (AS/NZS) 2230:1999 (New pneumatic tyres for light trucks and trucks/buses). UN R 54 is an international standard for commercial vehicle tyres. FMVSS 119, JIS D4230:1998 and AS/NZS 2230:1999 are national standards for tyres.
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.2, UN Regulation No. 30 (R 30) and UN Regulation No. 109 (R 109). R.E.3. includes the UN vehicle category definitions for motor vehicles and trailers. UN R 30 is an international standard for passenger car tyres and UN R 109 is an international standard for re-treaded tyres for commercial vehicles.
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.2, and the UN Regulations (including R 30 and R 109) 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.
FMVSS 119 may be freely accessed online through the US Government Publishing Office’s Federal Digital System. The website is www.gpo.gov/fdsys/ (note: to retrieve the 10-1-17 edition of FMVSS 119 by citation, users should input ‘Code of Federal Regulations’ for the collection, ‘2017’ for the year, ‘49’ for the title number, ‘571’ for the part, and ‘119’ for the section).
JIS D4230:1998 and AS/NZS 2230:1999 are available for purchase only, including through SAI Global. Vehicle manufacturers, tyre manufacturers and test facilities access these standards as part of their professional library. Compliance with either of these standards is an option to other standards, including the freely available UN R 54 and FMVSS 119 standards specified as alternatives in the ADR.
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
This standard was proposed, discussed and supported over the period 2015-18 at meetings of the AMVCB, TLG and SVSEG. It was acknowledged that these groups are at the appropriate level to consider this type of change. A draft ADR was also provided in July 2018 as part of the consultation process to the AMVCB and the TLG.
The Department 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 new pneumatic tyres for commercial vehicles and trailers.
4.2. Human Rights Implications
ADR 96/00 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 96/00 is compatible with human rights as it does not raise any human rights issues.