Vehicle Standard (Australian Design Rule 98/00 –Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles) 2021
Made under section 12 of the Road Vehicle Standards Act 2018
Replacement Explanatory Statement
Approved by Senator the Hon Carol Brown,
Assistant Minister for Infrastructure and Transport
July 2022
CONTENTS
1. legislative Authority
1.1. National Road Vehicle Standards
1.2. Exemption from Sunsetting
1.3. International Harmonisation
1.4. Advanced Emergency Braking Systems
2. Purpose and operation
2.1. Overview of the ADR
2.2. Design Requirement – Advanced Emergency Braking Systems
2.3. AEBS Warnings
2.4. AEBS Capability
2.5. AEBS Performance and limitations
2.6. Exemptions and Alternative Procedures
2.7. Alternative Standards
3. MATTERS INCORPORATED BY REFERENCE
3.1. Other Legislative Instruments
3.2. Other Documents
4. CONSULTATION
4.1. General Consultation Arrangements
4.2. Specific Consultation Arrangements
5. Regulatory Impact
6. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
6.1. Overview
6.2. Human Rights Implications
6.3. Conclusion
- legislative Authority
- National Road Vehicle Standards
Vehicle Standard (Australian Design Rule 98/00 – Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles) 2021, also referred to as ADR 98/00, is made under the Road Vehicle Standards Act 2018 (the RVSA). The RVSA enables the Australian Government to establish nationally uniform standards that apply to new road vehicles or road vehicle components when they are provided to the market in Australia. The RVSA applies to vehicles or components whether they are manufactured in Australia or imported.
The making of the vehicle standards necessary for the RVSA’s effective operation is provided for in section 12, which empowers the Minister to “determine standards for road vehicles or road vehicle components”.
1.2. Exemption from Sunsetting
ADR 98/00 is exempt from the sunsetting provisions of the Legislation Act 2003. It is appropriate that standards made under section 12 of the RVSA, also known as the Australian Design Rules (ADRs), remain enduring and effective to regulate ongoing road worthiness of vehicles throughout their useful life and reduce regulatory burden on vehicle manufacturers.
Source of the Exemption
A standard made under section 12 of the RVSA is not subject to the sunsetting provisions of section 50 of the Legislation (Exemptions and Other Matters) Act 2003 through section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (table item 56C). A similar exemption was previously granted in respect of national road vehicle standards made under section 7 of the Motor Vehicle Standards Act 1989 (MVSA) (item 40, section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). This exemption is important to ensure that ADR 98/00 continues to remain in force, and available to regulators and industry.
Intergovernmental Dependencies
The exemption concerns ADRs which facilitate the establishment and operation of the intergovernmental vehicle standard regime that Commonwealth, State and Territory governments rely on to regulate the safety of vehicles on public roads.
The Commonwealth uses the ADRs as the basis on which approvals to supply types of road vehicles to the market are granted under the Road Vehicle Standards Rules 2019. States and territories use the ADRs as the primary criteria on which vehicles are assessed for road worthiness. This ‘in-service’ aspect is dependent on the date of manufacture, which determines the applicable version of the ADRs against which the vehicle can be assessed. The ability to rely on national standards is particularly relevant given the long service life of vehicles – the average age of vehicles in Australia is 12.1 years.
While the ADRs are regularly updated to reflect changes in technology, it is not possible to apply these new standards retrospectively to vehicles that are already in use. With former ADRs kept on the Federal Register of Legislation, State and Territory governments can use them to ensure vehicles continue to comply with the ADRs that were in force when they were first supplied to the market.
In the event that the Commonwealth could not justify the maintenance of the ADRs, State and Territory governments would be compelled to create their own vehicle standards. Whilst this could mean adopting the substance of the lapsed ADRs as an interim measure, the differing needs and agendas of each State and Territory government may result in variations to in-service regulations. Having different vehicle standards across the states and territories would make the scheme operate contrary to the underlying policy intent of the RVSA which is to set nationally consistent performance based standards.
Commercial Dependencies
The effect on vehicle manufacturers to redesign existing models to comply with new ADRs would present a burden and be a costly and onerous exercise. Manufacturers should not be expected to continually go back to redesign existing vehicles. Furthermore, ongoing product recalls to comply with new ADRs would undermine consumer confidence with significant financial impact to manufacturers. This exemption allows vehicle manufacturers to focus their efforts to ensure new models supplied to the market continue to comply.
Effect on Parliamentary Oversight
Despite exemption from sunsetting ADRs are subject to regular reviews, as resources permit, and when developments in vehicle technology necessitates updates to requirements. Comprehensive parliamentary scrutiny is available through these reviews.
Reviews of the ADRs ensure the ongoing effectiveness of a nationally consistent system of technical regulations for vehicle design, which are closely aligned, wherever appropriate with leading international standards such as United Nations Regulations. Aligning with such standards facilitates the rapid introduction of the latest safety devices and technological advances into the Australian market, while also contributing to the industry’s cost competitiveness in the domestic market.
1.3. International Harmonisation
A majority of Australian road vehicle standards such as ADR 98/00 harmonise closely with international regulations. This is so that manufacturers can more easily comply with regulation, and so that regulations capture the well-developed views of the international community. This ultimately leads to safer and cheaper products for Australians.
ADRs often directly incorporate United Nations (UN) Regulations as an appendix, where the appendix provides the technical requirements of the ADR and the rest of the ADR facilitates its application to Australia. To this end, Section 6 creates exemptions and alternate procedures. For instance, manufacturers are exempt from requirements that pertain to UN type approvals, and instead, need to comply with the approvals process set out in the RVSA. Likewise, Section 7 provides for the acceptance of certain alternate standards that have equivalent requirements to the appendix. For instance, a vehicle covered by a type approval under the UN Regulation would be deemed to comply with the ADR.
1.4. Advanced Emergency Braking Systems
Where Advanced Emergency Braking Systems (AEBS) are fitted to new vehicles, they are closely integrated with a vehicle’s other systems, feature a sensor array and have the capacity to anticipate certain crashes based on the sensor data collected. The function of an AEBS is to detect a potential forward collision with a car in front, provide the driver with an appropriate warning so that they might act to avoid it and where they do not, activate the braking system to decelerate the vehicle with the purpose of avoiding or mitigating the severity of a collision.
2. Purpose and operation
2.1. Overview of the ADR
Clause 2.1 clarifies that this national road vehicle standard sets out requirements for AEBS to be fitted to passenger vehicles and light goods vehicles.
The policy intent of the AEBS requirements mandated through ADR 98/00 is to reduce the occurrence of rear-end in-lane crashes in urban traffic. This is because a combination of driver distraction and the relative cognitive complexity of roadways means that crashes occur around 20 per cent more frequently on urban than on rural roads.
2.2. Design Requirement – Advanced Emergency Braking Systems
AEBS is a driver-assist safety feature that relies on fully functioning traditional brakes and other advanced braking systems, such as Antilock Braking Systems (ABS) to work properly.
AEBS conforming to ADR 98/00 are designed to reduce the likelihood of an in-lane rear end crash by first warning the driver and then automatically braking to reduce impact speed when a collision is imminent, if the driver has not reacted.
AEBS read inputs from a variety of sensors and cameras to monitor the road environment. In the event that a collision with a vehicle in front is predicted, the driver is warned. This warning occurs by at least two modes and may be acoustic, haptic or optical. If the driver does not respond, a warning brake phase may be initiated. If the driver still does not react to the event, the system will execute an emergency braking phase in order to mitigate the collision soon after.
Clause 5.1 requires that all applicable vehicles be fitted with AEBS and meet the requirements set out in Appendix A of this standard, as varied by Section 6 Exemptions and Alternative Procedures. Appendix A is the UN Regulation No. 152 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF MOTOR VEHICLES WITH REGARD TO THE ADVANCED EMERGENCY BRAKING SYSTEMS (AEBS) FOR M1 AND N1 VEHICLES (UN R152), incorporating the 00 series of amendments.
2.3. AEBS Warnings
AEBS designed to conform to ADR 98/00 have different types of warnings depending on the road environment and state of the AEBS. Some warnings alert the driver in case of potential failures or deactivation of the AEBS. Warnings also form an essential part of the core functionality of AEBS.
A ‘failure warning’ occurs when a fault in the AEBS prevents the requirements of ADR 98/00 being met. A fault in this instance may be electrical in nature, a failure in the self-check function of the AEBS or a non-electrical failure such as sensor occlusion or misalignment. The self-check function continuously checks the AEBS for a system failure while AEBS is active. The AEBS communicates a ‘failure warning’ with a constant yellow optical warning signal. The purpose of the ‘failure warning’ is to alert the driver to a fault in the AEBS.
A ‘deactivation warning’ occurs when the driver deactivates the AEBS. This is only possible if the vehicle is fitted with a means to deactivate the AEBS and such a means is not required by this standard. The AEBS communicates a ‘deactivation warning’ with a constant yellow optical warning signal. The warning signal used in this instance may be the same as the ‘failure warning’ signal. The purpose of the ‘deactivation warning’ is to alert the driver that the AEBS function has been deactivated.
A ‘collision warning’ occurs when the AEBS detects an imminent collision with a leading vehicle in the same lane. The AEBS must activate this warning type at least 0.8 seconds before it intervenes by activating the service brake system (emergency braking). The warning signal used in this instance must be provided by at least two modes selected from acoustic, haptic or optical. Optical warning signals must be visible even in daylight and be easily verifiable by the driver from the driver’s seat. The purpose of the ‘collision warning’ is to alert the driver that a collision is imminent so that the driver can take immediate action. This is because even small margins count in reducing speed to prevent or lessen the risk of fatality or severe injury.
2.4. AEBS Capability
An ‘emergency braking’ intervention occurs when the AEBS has detected the possibility of an imminent collision with a leading vehicle in the same lane, after a ‘collision warning’; if no action from the driver has been detected. During an emergency braking intervention, the AEBS shall use the vehicle’s service brake system to cause deceleration of at least 5 m/s2 for the purpose of avoiding or reducing the severity of impact with the leading vehicle. The AEBS will abort an automated ‘emergency braking’ intervention in the event that the AEBS no longer detects that a collision is likely. The AEBS may also abort the emergency braking intervention if it detects a ‘deliberate action’ by the driver which indicates that they are aware of the emergency, e.g. using the accelerator or operating the direction indicator control.
AEBS is required to be active and work within speeds ranging from 10 km/h up to 60 km/h. AEBS should work regardless of the load condition imposed on the vehicle during testing for compliance to UN R152. This requirement does not apply if the driver has deactivated the AEBS (assuming the option is available). The speed range specified in UN R152 is supported by research that identified AEBS having the potential to positively impact the outcome in up to 64 per cent of light vehicle crashes occurring in low speed zones (i.e. up to 60 km/h).
2.5. AEBS Performance and limitations
‘Speed reduction by braking demand’ sets out the environmental conditions in which the AEBS equipped vehicle must demonstrate its braking intervention performance as well as the speed reductions required of it, in order to comply with ADR 98/00.
The Standard requires AEBS fitted vehicles to perform in the following environmental conditions:
- on a flat, dry concrete or asphalt surface affording good adhesion
- where the ambient temperature is between 0oC and 45oC
- where the leading vehicle is visible throughout the test
- where there is no wind liable to affect results
- where natural ambient illumination is homogenous and in excess of 1000 lux
The intent behind these environmental conditions is to mitigate the contemporary limitations of the technology used to build AEBS.
As previously mentioned, AEBS can use a combination of sensors, for example radar and camera sensors. Radar systems can measure distances precisely but have a low angular resolution whereas cameras have much better angular resolution but cannot precisely determine distances. By combining radar and camera, the benefits of both sensor types contribute towards better positioning of surrounding objects. However, some of the disadvantages of the sensors are difficult to avoid completely, so they might fail to detect objects or detect “ghost targets", i.e. misinterpret their surroundings and cause a false emergency braking intervention. Even though manufacturers take measures to reduce false or missed detections, the AEBS will not always perform flawlessly.
Traffic situations are complex, and many variables contribute to the outcome of any given traffic incident. Factors such as road curvature, road surface condition, the speed of vehicles, and the surrounding environment can affect the performance of AEBS. Manufactures research the principles of automotive radar and camera systems so that they can identify and study potential weaknesses and improve AEBS. However, it is still a requirement that AEBS shall not deactivate or unreasonably switch the control strategy in these potentially adverse conditions.
An AEBS compliant to ADR 98/00 will be designed to generate as few unnecessary ‘collision warning’ signals as possible, and will avoid emergency braking interventions in situations where an attentive driver would not anticipate a collision. AEBS equipped vehicles will demonstrate this capacity by driving between two stationary vehicles without the fitted AEBS communicating a collision warning or initiating an emergency braking intervention. The primary purpose of reducing false warnings or emergency braking interventions is to reduce the likelihood of the driver switching the AEBS off. However, the requirement still exists for vehicles where there is no way to deactivate AEBS, as false alarms and interventions are nevertheless undesirable.
2.6. Exemptions and Alternative Procedures
Exemptions
Section 6 creates exemptions from some requirements of Appendix A (UN R152) which pertain to gaining a Type Approval in the UN context. This is because they are not required in the Australian context where the Commonwealth administers approvals through the RVSA and the ADRs. Consequently, manufacturers supplying new vehicles to Australia are exempt from most administrative (non-technical) requirements of UN R152. Section 6 also provides that the requirements of UN R152 which pertain to the pedestrian detection capability of AEBS are not mandatory under ADR 98/00 because it is covered by ADR 98/01.
Clause 6.1 states that, sections 3, 4, 7, 8, 9, 10, 11 and annexes 1 and 2 of UN R152 are not required for the purposes of complying with ADR 98/00. This is because they refer to gaining a Type Approval in the UN context.
Clause 6.3 states that no technical requirements for AEBS testing in car to pedestrian scenarios as defined in UN R152 are mandatory. This is because the pedestrian detection capability of AEBS is covered by ADR 98/01.
Clause 6.7 states that paragraphs 6.3.2, 6.6, 6.6.1 and 6.6.2 of Appendix A are not applicable for the purposes of this national standard as they relate to technical requirements with respect to car to pedestrian AEBS performance. Pedestrian detection capability of AEBS is covered by ADR 98/01.
Clause 6.11 states that paragraph 2 of Appendix A – Annex 3 – Appendix 2 is not applicable for the purposes of this national road vehicle standard as technical requirements for AEBS tested in car to pedestrian scenarios as defined in Appendix A are not mandatory. Pedestrian detection capability of AEBS is covered by ADR 98/01.
Alternative Procedures
Section 6 identifies procedures to which vehicles may comply, which are acceptable alternatives to those created by UN R152. These have been adapted for the Australian market to enable vehicle manufacturer to demonstrate compliance to ADR 98/00 where they have not gained a type approval in the UN context.
Clause 6.2 states that ADR 98/00 applies to vehicles seeking to demonstrate that they meet all the technical requirements for AEBS tested in car to car scenarios as defined in Appendix A.
Clause 6.3 states that car to pedestrian capability is not applicable for vehicles seeking approval under ADR 98/00. This is because pedestrian capability of AEBS is covered by ADR 98/01.
Clause 6.4 states that category MA vehicles do not need to meet the requirements in paragraph 5.1.7 of Appendix A if they comply with ADR 31/... This is because this standard features equivalent requirements pertaining to ABS as the UN R13-H specified in paragraph 5.1.7, which are necessary for optimal brake performance during an AEBS intervention. This allows vehicle manufacturers to more easily demonstrate compliance to ADR 98/00.
Clause 6.5 states that category MB, MC and NA vehicles do not need to meet the requirements in paragraph 5.1.7 of Appendix A if they comply with ADR 31/... or ADR 35/... This is because these standards feature sufficiently equivalent requirements pertaining to ABS, which are necessary for optimal brake performance during an AEBS intervention. This allows vehicle manufacturers to more easily demonstrate compliance to ADR 98/00.
Clause 6.6 clarifies that where Appendix A refers “to the technical service at the time of type approval”, it is to be substituted with “to the Approved Testing Facility”. The purpose of this clause is to replace language in Appendix A, which originally referred to the UN application process with language accurate to the Australian context.
Clause 6.8 and 6.9 clarify that where Appendix A and Annex 3 of Appendix A refer to “Technical Service”, it is to be substituted with “Approved Testing Facility”. The purpose of these clauses is to replace language in Appendix A, which originally referred to the UN application process with language accurate to the Australian context.
Clause 6.10 clarifies where Annex 3 of Appendix A refers to “Type Approval Authority”, it is to be substituted with “Secretary”. The purpose of this clause is to replace language in Appendix A, which originally referred to the UN application process with language accurate to the Australian context.
Clause 6.12 establishes the requirement that the vehicle manufacturer must retain the documentation pertaining to the technical requirements referred to in paragraph 5.1.3 and Annex 3 of Appendix A, for a period specified by the approval. This is so that the information is available for a Type Approval and/or a Conformity of Production assessment. This section reflects the requirement created by section 30 of the RVSA.
2.7. Alternative Standards
Section 7 sets out standards which are considered to be equivalent to ADR 98/00. If a vehicle meets the requirements of one of these standards, it also complies with ADR 98/00. These alternative standards are acceptable because they do not compromise the performance requirements set out in UN R152. Vehicle manufacturers have the flexibility to demonstrate compliance to ADR 98/00 through clause 5.1 and Appendix A as varied by Section 6 Exemptions and Alternative Procedures, or through Section 7 Alternative Standards.
Clause 7.1 Identifies the United Nations Regulation No. 152 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF MOTOR VEHICLES WITH REGARD TO THE ADVANCED EMERGENCY BRAKING SYSTEMS (AEBS) FOR M1 AND N1 VEHICLES, incorporating the 01 series of amendments, as an acceptable alternate standard. This standard is featured in Appendix A of ADR 98/01 and makes up most of the technical requirements of ADR 98/01. It is the first series of amendments to the original internationally agreed standard for AEBS regarding passenger vehicles and light goods vehicles and sets requirements for detecting vehicles in the forwards impact zone, making it particularly effective in light vehicle rear-end in-lane collisions.
Clause 7.1.1 clarifies that paragraphs 5.1.3, 6.10 and Annex 3 of the United Nations Regulation No. 152, incorporating the 01 series of amendments are applicable for the purposes of this national standard as they relate to technical requirements with respect to car to car AEBS performance.
Clause 7.2 Identifies the United Nations Regulation No. 152 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF MOTOR VEHICLES WITH REGARD TO THE ADVANCED EMERGENCY BRAKING SYSTEMS (AEBS) FOR M1 AND N1 VEHICLES, incorporating the 00 series of amendments, as an acceptable alternate standard. This standard is also featured in Appendix A of ADR 98/00 and makes up most of the technical requirements of ADR 98/00. It is the original internationally agreed standard for AEBS regarding passenger vehicles and light goods vehicles and sets requirements for detecting vehicles in the forwards impact zone, making it particularly effective in light vehicle rear-end in-lane collisions.
Clause 7.2.1 clarifies that paragraphs 5.1.3, 6.10 and Annex 3 of the United Nations Regulation No. 152, incorporating the 00 series of amendments are applicable for the purposes of this national standard as they relate to technical requirements with respect to car to car AEBS performance.
3. MATTERS INCORPORATED BY REFERENCE
3.1. Other Legislative Instruments
Clause 4.1.1 of ADR 98/00 includes a reference to the Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005 (which may also be cited as the Australian Design Rule – Definitions and Vehicle Categories). This sets out definitions for many terms used in the ADRs, including the vehicle categories used in ADR applicability tables.
Clauses 6.4 and 6.5 of ADR 98/00 each include a reference to the Australian Design Rule 31/… – Brake Systems for Passenger Cars, which prescribes braking system requirements for passenger vehicles (other than omnibuses) and light goods vehicles to ensure safe braking under normal, and emergency conditions.
Clause 6.5 of ADR 98/00 also includes a reference to the Australian Design Rule 35/… – Commercial Vehicle Brake Systems, which prescribes braking requirements for commercial vehicles and large passenger vehicles to ensure safe braking under normal and emergency conditions.
The ADRs may be freely accessed online through the Federal Register of Legislation. The website is www.legislation.gov.au.
In accordance with subsection 12 of the RVSA, each of these ADRs are incorporated as in force or existing from time to time. The ellipses (…) indicates the version(s) (e.g. 00, 01 etc.) of the ADR in force at the time.
3.2. Other Documents
American Society for Testing and Materials
Paragraph 6.1.1.2 of Appendix A includes references to the American Society for Testing and Materials (ASTM) E1136 and ASTM Method E1337-90. These standards specify a standard reference test tyre, and a method for determining the peak braking coefficient of road test surfaces, respectively.
ASTM E1136 and ASTM E1337‑90 may be freely accessed online through the ASTM International Reading Room. This requires the user to register using an email and password. The ASTM International Reading Room website is www.astm.org/products-services/reading-room.html.
In accordance with subsections 14(1)(b) and 14(2) of the Legislation Act 2003, each of these ASTM standards are incorporated as in force on the date this national road vehicle standard is made.
International Organization for Standardization
Paragraph 6.3.1 of Appendix A includes a reference to ISO 19206-1:2018. This standard specifies detection requirements for a vehicle rear-end target to represent a passenger vehicle in terms of size, shape, reflection properties, to assess the system detection and activation performance of vehicle active safety systems, including AEBS.
Paragraph 6.3.2 of Appendix A includes a reference to ISO 19206-2:2018 (note: Paragraph 6.3.2 is not applicable for the purposes of ADR 98/00 – refer clause 6.7). This standard specifies detection requirements for pedestrian targets that represent an adult or a child in terms of size, shape, reflection properties, to assess the system detection and activation performance of vehicle active safety systems, including AEBS.
ISO 19206-1:2018 and ISO 19206-2:2018 are available for purchase only from the International Organization for Standardization (ISO) and various associated national standards bodies. While not freely available, these ISO standards are all readily accessible and widely used by vehicle manufacturers and test facilities as part of their professional libraries.
In accordance with subsections 14(1)(b) and 14(2) of the Legislation Act 2003, each of these ISO standards are incorporated as in force on the date this national road vehicle standard is made.
Clause 11 of the RVSA allows the Minister to incorporate a broad range of documents, both as in force at a particular time and as in force from time to time, when making national vehicle standards. This ensures that Australia’s legislative framework is well-prepared for future developments in the international road vehicle space.
United Nations Regulations and/or Resolutions
Clause 7.1 includes a reference to the 01 series of UN Regulation No. 152 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF MOTOR VEHICLES WITH REGARD TO THE ADVANCED EMERGENCY BRAKING SYSTEMS (AEBS) FOR M1 AND N1 VEHICLES (R152). This is an international standard for AEBS fitted to passenger vehicles (other than omnibuses) and light goods vehicles.
Clause 7.2 includes a reference to the 00 series of UN Regulation No. 152 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF MOTOR VEHICLES WITH REGARD TO THE ADVANCED EMERGENCY BRAKING SYSTEMS (AEBS) FOR M1 AND N1 VEHICLES (R152). This is an international standard for AEBS fitted to passenger vehicles (other than omnibuses) and light goods vehicles.
Paragraph 1 of Appendix A includes a reference to the Consolidated Resolution on the Construction of Vehicles (R.E.3.), document ECE/TRANS/WP.29/78/Rev.6. This includes definitions for the UN vehicle category classifications used in Appendix A and the alternative standard under clause 7 of ADR 98/00.
Paragraph 5.1.2 of Appendix A includes a reference to the UN Regulation No. 10 (R10). This is an international standard for electromagnetic compatibility for vehicles and vehicle components.
Paragraph 5.1.7 of Appendix A includes references to UN Regulations No. 13 (R13) and 13-H (R13-H). Further, paragraph 6.1.1.3 of Appendix A also includes a reference to UN R13-H. These are international standards for road vehicle braking systems.
Paragraph 5.4.1.3 of Appendix A includes a reference to UN Regulation No. 121 (R121). This is an international standard for the identification of vehicle controls,
tell-tales and indicators.
The Consolidated Resolution on the Construction of Vehicles (R.E.3.), document ECE/TRANS/WP.29/78/Rev.6, and the UN Regulations (including R10, R13, R13-H, R121, and R152), 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.
In accordance with subsections 14(1)(b) and 14(2) of the Legislation Act 2003, each of these UN documents are incorporated as in force on the date this national road vehicle standard is made.
4. CONSULTATION
4.1. 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.
Proposals that are regarded as significant need to be supported by a Regulation Impact Statement (RIS) meeting the requirements of the Office of Best Practice Regulation (OBPR) as published in the Australian Government Guide to Regulatory Impact Analysis or the Regulatory Impact Analysis Guide for Ministers’ Meetings and National Standard Setting Bodies.
4.2. Specific Consultation Arrangements
A consultation RIS for Reducing Trauma from Light Vehicles: Autonomous Emergency Braking was posted on the Department’s website for an eight week public comment period, which closed on 11 December 2020. The RIS conforms to the requirements established by the OBPR in relation to regulatory proposals where the decision maker is the Australian Government’s Cabinet, the Prime Minister, minister, statutory authority, board or other regulator. The OBPR reference number for the RIS is 42547.
Formal feedback to the RIS was received from members of the public, state government agencies, industry and road user organisations. A majority of the feedback strongly supported the implementation of a new ADR mandating car-to-car and pedestrian capable AEBS on light vehicles.
The Department also circulated drafts of ADR 98/00 and ADR 98/01 to the Technical Liaison Group (TLG) and the Strategic Vehicle Safety and Environment Group (SVSEG) for review and comment in June 2021.
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).
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).
5. Regulatory Impact
There are costs associated with mandating AEBS for light vehicles, but the related RIS shows that there will be positive net benefits. Overall, it is estimated that the implementation of ADR 98/00, followed on by the associated ADR 98/01 (covered by a separate explanatory statement) will save 581 lives, and avoid 20,433 serious and 73,340 minor injuries. This includes around $1,089 million in net benefits.
6. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
6.1. Overview
ADR 98/00 specifies requirements for the fitment of AEBS to passenger vehicles (other than omnibuses), and to light goods vehicles, to avoid or mitigate the severity of rear-end in lane collisions.
6.2. Human Rights Implications
ADR 98/00 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.
6.3. Conclusion
ADR 98/00 is compatible with human rights, as it does not raise any human rights issues.