Vehicle Standard (Australian Design Rule) Amendment Instrument No. 1 of 2025

Made under section 12 of the Road Vehicle Standards Act 2018

Explanatory Statement

Approved by the Hon Anthony Chisholm, Assistant Minister for Regional Development

December 2025

Contents

1. Legislative Authority.............................................3

1.1. National Road Vehicle Standards...................................3

1.2. Exemption from Sunsetting........................................3

2. Purpose and Operation............................................4

2.1. Overview of the Regulatory Framework..............................4

2.2. Overview of the Amending Instrument...............................5

3. Matters Incorporated By Reference..................................9

3.1. Legislative Instruments...........................................9

3.2. Other Documents................................................9

4. Consultation...................................................10

4.1. General Consultation Arrangements................................10

4.2. Specific Consultation Arrangements................................11

5. Regulatory Impact..............................................11

5.1. Impact Analysis................................................11

5.2. Benefits and Costs..............................................11

6. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS.........11

6.1. Overview.....................................................11

6.2. Human Rights Implications.......................................11

6.3. Conclusion....................................................11

1.                       legislative Authority

1.1.                 National Road Vehicle Standards

Vehicle Standard (Australian Design Rule) Amendment Instrument No. 1 of 2025 (“the Amending Instrument”) is made under section 12 of the Road Vehicle Standards Act 2018 (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 for the first time. 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”. These standards are also referred to as the Australian Design Rules (ADRs).

Subsection 33(3) of the Acts Interpretation Act 1901 provides, in part, that the power to amend instruments is conferred by the same power to make the instrument.

1.2.                 Exemption from Sunsetting

The ADRs are exempt from the sunsetting provisions of the Legislation Act 2003.

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 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 all ADRs, including those amended by the Amending Instrument, continue to remain in force, and available to regulators, industry and the public.

The exemption concerns ADRs which facilitate the establishment and operation of the intergovernmental vehicle standard framework 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 over 10 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.

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 that are still being newly supplied to the market. Furthermore, ongoing product recalls to update vehicles to comply with new ADRs (where such an update is feasible) 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.

ADRs are subject to regular reviews, as resources permit, and when developments in vehicle technology necessitates updates to requirements. 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 (UN) 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. Where a review results in a new or amended ADR, these changes are subject to full parliamentary scrutiny.

2.                       Purpose and Operation

2.1.                 Overview of the Regulatory Framework

The RVSA establishes a regulatory framework to regulate the importation and first provision of road vehicles to the market in Australia. The core principle of this framework is that vehicles which comply with appropriate standards are suitable for provision to the market in Australia. The ADRs have set out those standards since the early 1970s. At that time, they were applied cooperatively by the Australian Motor Vehicle Certification Board representing the Commonwealth and state and territory governments. In 1989, this arrangement was replaced by the Motor Vehicle Standards Act 1989 (MVSA) and the ADRs were determined as national standards. The RVSA commenced in full and replaced the MVSA on 1 July 2021. A two-year transition period was provided between 1 July 2021 and 30 June 2023.

Under the RVSA, the ADRs are national road vehicle standards intended to make vehicles safe to use, control the emission of gas, particles or noise, secure vehicles against theft, provide for the security marking of vehicles and promote the saving of energy. The ADRs are applied to vehicles as criteria for approval under various regulatory pathways set out in the Road Vehicle Standards legislation. Vehicles approved under these regulatory pathways can be provided to the market in Australia for use in transport.

2.2.                 Overview of the Amending Instrument

The purpose of the Amending Instrument is to clarify terms, correct errors and make minor editorial changes to the specified ADRs, as detailed below.

Schedule 1 Amendments

Schedule 1 amends the Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (ADR Definitions and Vehicle Categories). The purpose of the ADR Definitions and Vehicle Categories is to set out definitions for many terms used in the ADRs and to define the categories used in the ADRs.

Item [1] replaces the existing definition of ‘Ground Clearance’ with a new one to no longer exclude all types of unsprung mass from the measurement of ‘Ground Clearance’. The new definition will still allow tyres, wheels, wheel hubs, and brake backing plates, which are all specific types of unsprung mass to be excluded from the measurement of ‘Ground Clearance’.

Schedule 2 Amendments

Schedule 2 amends the Australian Design Rule 3/03 – Seats and Seat Anchorages (ADR 3/03). The purpose of ADR 03/03 is to specify requirements for seats, their attachment assemblies, their installation and any head restraint fitted, to minimise the possibility of occupant injury due to forces acting on the seat as a result of vehicle impact.

Item [1] replaces ‘and 3.7’ with ‘and the applicability table under clause 3.8 below’. This change, in combination with item [2], is to correct the clause cross-referencing, together with an error in the clause numbering where ‘3.7’ occurs twice.

Item [2] corrects the error of two occurrences of clause 3.7, to re-number the second occurrence as clause 3.8.

Items [3] and [4] replace “clause” with ‘paragraph’ in clauses 5.2.1 and 5.2.3 to reflect established drafting practice for UN Regulations and thereby clarify the reference in the ADR.

Items [5], [6] and [8] make minor editorial changes to clauses 6.1 and 6.4 of ADR 3/03, to cross-reference by ‘paragraph’ of the UN Regulation in Appendix A of the ADR, instead of by ‘part’ or ‘section’, as per the established drafting practice for UN Regulations.

Item [7] makes minor editorial changes to clause 6.3 to clarify that the referenced requirements must be met “where applicable”. It also replaces ‘clause’ with ‘paragraph’ to cross-reference the UN Regulation in Appendix A of the ADR, as per established drafting practice for UN Regulations.

Schedule 3 Amendments

Schedule 3 amends the Australian Design Rule 5/04 – Anchorages for Seatbelts (ADR 5/04). The purpose of ADR 5/04 is to specify requirements for seatbelt anchorages so that seatbelts may be adequately secured to the vehicle structure or seat and will meet comfort requirements in use.

Items [1], [2], [3], [4], [5], [6], [7], [8], [9] and [10] make minor editorial changes to clauses 5.5.4, 5.6, 5.8, 5.12, 6.6, 7.1, 7.2, 7.2.1.2, 7.3 and 8.5.1.2 to reflect current ADR drafting practices, where terms defined in the ADR Definitions and Vehicle Categories are rendered in italics within single quotation marks.

Items [8], [11] and [13] make minor editorial changes to clauses 7.2.1.2, 11.1 and 11.2 to reflect current ADR drafting practices, where defined terms are rendered in italics within single quotation marks. ‘Area A’ is defined in clause 11.1 and ‘Area B’ is defined in clause 11.2.

Item [12] makes a minor editorial change to clause 11.1.2 to reflect current ADR drafting practices.

Item [14] makes a minor editorial change to clause 11.2.2 to clarify the illustration of the definition of ‘Area B’.

Item [15] makes a minor editorial change to Figure 1 to reflect current ADR drafting practices.

Item [16] makes a minor editorial change to Figure 2 to reflect current ADR drafting practices.

Item [17] makes a minor editorial change to locate Figure 2 immediately after the definition of ‘Area B’.

Item [18] makes a minor editorial change to locate Figure 1 immediately after the definition of 'Area A’.

Schedule 4 Amendments

Schedule 4 amends the Australian Design Rule 23/01 – Passenger Car Tyres (ADR 23/01). The purpose of ADR 23/01 is to specify requirements for new pneumatic tyres designed primarily for passenger cars and other light vehicles (including light trailers).

Items [1], [2] and [3] make minor editorial changes to clauses C.1.1.4, 23.2.1.2 and 23.2.3.2 to reflect current ADR drafting practices, where terms defined in the ADR Definitions and Vehicle Categories are rendered in italics within single quotation marks.

Item [4] corrects a formatting error in clause 23.3.1.6 to clarify that the correct symbol is “π”.

Item [5] corrects a typographical error in clause 23.3.2.2.1.

Item [6] makes a minor editorial change to clause 23.4 to clarify the correct refence to UN Regulations.

Items [7], [8] and [9] make minor formatting changes to Table 1, Table 3 (including the explanatory content below this table), and Table 4 (including the explanatory content below this table).

Schedule 5 Amendments

Schedule 5 amends the Australian Design Rule 42/04 – General Safety Requirements (ADR 42/04). The purpose of ADR 42/04 is to specify general design and construction requirements to ensure safe operation of vehicles.

Item [1] corrects a typographical error in clause 2.1.

Item [2] makes a minor editorial change to clause 14.1.2.1.1 to clarify both angles in this clause are measured from the vertical.

Item [3] corrects a figure numbering error in clause 19.3.2.6.3.

Items [4], [7], [8], [9] and [14] correct typographical errors in clauses 21.1, 21.5.3, 21.5.4, 21.5.4.7 and 21.5.6.2.

Items [5] and [6] replaces ‘paragraph’ with ‘clause’ in clause 21.5.1 to reflect current ADR drafting practices.

Items [10] and [11] correct a formatting error in clauses 21.5.4.8.1 and 21.5.4.8.2 to include the correct angle “”.

Items [12], [13], [15], [16], [17], [18], [19], [20], [21], [22], [23], [24] and [25] make minor editorial changes to clauses 21.5.6.1.3, 21.5.6.2.2, 21.5.6.3.2, 25.1.1, 25.3.1, 25.3.2 and 25.3.3 to reflect current ADR drafting practices, where terms defined in the ADR Definitions and Vehicle Categories are rendered in italics within single quotation marks.

Schedule 6 Amendments

Schedule 6 amends the Australian Design Rule 42/05 – General Safety Requirements (ADR 42/05). The purpose of ADR 42/05 is to specify general design and construction requirements to ensure safe operation of vehicles.

Item [1] makes a minor editorial change to clause 17.2.4.2(a) to clarify both angles in this clause are measured from the vertical.

Item [2] repeals the current clause 21.7.

Item [3] replaces the current clause 21.7 with a new clause 21.7 to update the requirement to include reference to the latest Australian Standard AS/NZ 3001.2:2022 for electrical installations. This makes the ADR more contemporary and provides greater flexibility by allowing compliance to be demonstrated to either version of the Australian Standard AS/NZ AS/NZ 3001:2008 or 3001.2:2022.

Item [4] make minor editorial changes to Appendix 1, clause 2.2 to reflect current ADR drafting practices, where terms defined in the ADR Definitions and Vehicle Categories are rendered in italics within single quotation marks.

Schedule 7 Amendments

Schedule 7 amends the Australian Design Rule 44/02 – Specific Purpose Vehicle Requirements (ADR 44/02). The purpose of ADR 44/02 is to specify requirements related to particular vehicles.

Item [1] makes a minor editorial change to clause A (SCOPE) to reflect current ADR drafting practices, where terms defined in the ADR Definitions and Vehicle Categories are rendered in italics within single quotation marks. It also removes reference to ‘Taxis’, to make ADR 44/02 no longer applicable to ‘Taxis’.

Item [2] removes reference to ‘Taxis’ in clause 44.2 to make ADR 44.02 no longer applicable to ‘Taxis’.

Item [3] repeals the current clause 44.3, including all sub-clauses 44.3.1 to 44.3.10, to remove special requirements for ‘Taxis’ from ADR 44/02. This is to make ADR 44/02 no longer applicable to ‘Taxis’. Requirements for ‘Taxis’ are a matter for state and territory governments and no longer need to be regulated through the ADRs.

Item [4] inserts a new clause 44.3 to indicate that this clause is no longer in use. This removes the necessity to re-number subsequent clauses.

Items [5], [6] and [7] make minor editorial changes to clauses 44.4.1.4.1, 44.4.1.4.2 and 44.9.8 to reflect current ADR drafting practices, where terms defined in the ADR Definitions and Vehicle Categories are rendered in italics within single quotation marks.

Schedule 8 Amendments

Schedule 8 amends the Australian Design Rule 82/00 – Engine Immobilisers (ADR 82/00). The purpose of ADR 82/00 is to prescribe requirements for engine immobilising devices which are intended to be fitted to vehicles so as to prevent vehicles from being driven away powered by their own engines.

Items [1], [2], [3], [4] and [5] replace ‘section’ and ‘parts, sections’ with ‘paragraph’ in clauses 4.1 and 5 to cross-reference by ‘paragraph’ of the UN Regulation in Appendix A of the ADR, instead of by ‘part’ or ‘section’, as per the established drafting practice for UN Regulations.

Item [6] makes a small editorial change in clause 5 to update the correct refence to paragraph 40 instead of paragraph 39.

Item [7] makes a small editorial change in clause 5 to include a reference to paragraph 39 Transitional Provisions.

Item [8] corrects a typographical error in clause 8.1 by removing the number “2” after “(AS)”.

Schedule 9 Amendments

Schedule 9 amends the Australian Design Rule 84/00 – Front Underrun Impact Protection (ADR 84/00). The purpose of ADR 84/00 is to prescribe requirements for minimising the likelihood of vehicles underrunning in frontal impacts.

Item [1] replaces “clause” with ‘paragraph’ in clauses 3.4 to 3.4.1 to cross-reference by ‘paragraph’ of the UN Regulation in Appendix A of the ADR, instead of by ‘part’ or ‘section’, as per the established drafting practice for UN Regulations.

Item [2] replaces ‘Section’ with ‘clause’ to reflect current ADR drafting practices.

Item [3] makes a minor editorial change to clause 5.3 to reflect current ADR drafting practices, where terms defined in the ADR Definitions and Vehicle Categories are rendered in italics within single quotation marks.

Items [4] and [5] replaces ‘parts, sections’ and ‘Section’ with ‘paragraphs’ and ‘Paragraphs’ in clause 6.1 to cross-reference by ‘paragraph’ of the UN Regulation in Appendix A of the ADR, instead of by ‘part’ or ‘section’, as per the established drafting practice for UN Regulations.

Items [6], [7], [8] and [9] make editorial changes to Appendix A paragraphs 1.2, 1.2.1, 1.3 and 1.4 to 1.4.2 to rectify a formatting error in the numbering of the paragraphs in the scope of Appendix A of ADR 84/00, to correctly match the paragraph numbering in the scope of UN Regulation No. 93 (R93). By properly matching the paragraph numbering in UN R93, the cross-references to Appendix A in clauses 3.4 to 3.4.1 (applicability of the ADR) are re-connected to the correct paragraphs in Appendix A, and the exemptions (standard not applicable) will enable ADR 84/00 to again work as intended.

Items [10] and [11] make editorial changes to Appendix A, Annex 5, paragraphs 3.3.3 and 3.3.4 to rectify a formatting error to clarify that the correct value is “103 N”.

3.                       MATTERS INCORPORATED BY REFERENCE

3.1. Legislative Instruments

Each legislative instrument (ADR) that is specified in a schedule to the Amending Instrument is amended as set out in the applicable items in the schedule concerned.

The ADRs may be freely accessed online through the Federal Register of Legislation. The website is www.legislation.gov.au.

3.2. Other Documents

UN Regulations

Schedules 2, 3, 4, 8 and 9 to the Amending Instrument incorporates one or more references to a UN Regulation adopted by the Contracting Parties to the “Agreement Concerning the Adoption of Harmonized Technical United Nations Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these United Nations Regulations” (the 1958 Agreement). UN Regulations are adopted to address safety requirements for vehicles, their environmental performance (air and noise pollution), energy-efficiency and security.

In accordance with paragraph 14(1)(b) and subsection 14(2) of the Legislation Act 2003, each of the UN Regulations incorporated by reference, are incorporated as in force on the date this instrument is made.

UN Regulations and the 1958 Agreement 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.

Australian Standards

Schedule 6 to the Amending Instrument incorporates reference to AS/NZ 3001.2:2022 and AS/NZ 3001:2008. These documents specifies requirements for electrical installations associated with connectable electrical installations used for the purposes of accommodation, habitation or other residential, commercial purposes or recreational uses that are intended for connection to external low voltage a.c. supply systems (i.e. 50 V a.c. to 1000 V a.c.) by either a detachable supply lead or a supply lead directly connected to the connectable electrical installation.

In accordance with paragraph 14(1)(b) and subsection 14(2) of the Legislation Act 2003, AS/NZ 3001.2:2022 and AS/NZ 3001:2008 are incorporated as in force on the date this Amending Instrument is made.

Australian Standards are all available for purchase only from Standards Australia. While not freely available, AS/NZ 3001.2:2022 and AS/NZ 3001:2008 are readily accessible and widely used by vehicle manufacturers and test facilities as part of their professional libraries. Subject to copyright conditions, people may view a copy of AS/NZ 3001.2:2022 and AS/NZ 3001:2008 at the Offices of the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts in Canberra.

Section 12 of the RVSA allows the Minister to incorporate a broad range of documents, including as in force or existing at a particular time or as in force from time to time, when making national road vehicle standards. This ensures that Australia’s legislative framework is well-prepared for future developments in the international road vehicle space.

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 and 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.

Editorial changes and changes to correct errors are processed by the Department administering the RVS legislation. 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 an Impact Analysis meeting the requirements of the Office of Impact Analysis (OIA) 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 for this Amending Instrument

In the case of this Amending Instrument, the Department consulted with the Road Vehicle Regulators Forum (RVRF) and the Vehicle Standards Consultative Forum (VSCF). These groups consist 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 representative organisations of consumers and road users (particularly through the Australian Automobile Association).

5.                       regulatory impact

5.1.                 Impact Analysis

The OIA has advised the Department that a detailed analysis is not required under the Australian Government’s Policy Impact Analysis Framework. The OIA reference number is OIA25-09767.

5.2.                 Benefits and Costs

The Amending Instrument is unlikely to have any more than a minor impact on benefits and costs, including because the changes are minor, editorial, and/or machinery in nature.

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

The Amending Instrument makes minor editorial improvements and corrects formatting errors for each ADR specified in a Schedule.

6.2.                 Human Rights Implications

The Amending Instrument 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

The Amending Instrument is compatible with human rights as it does not raise any human rights issues.