Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 2

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2007L02227 Not in force Legislative Instrument

Legislation content

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 2

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Transport and

Regional Service

 

 

 

 

 

 

 

 

June 2007

 

 

CONTENTS

 

1. legislative context................................................

2. content and effect of VEHICLE STANDARD (AUSTRALIAN DESIGN RULE - Definitions and Vehicle Categories) 2005 AMENDMENT 2

3. consultation arrangements..........................................

 

 

 

 

 

 

 

 


  1.                        legislative context

Vehicle Standard (Australian Design Rule — Definitions and Vehicle Categories) 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 - Definitions and Vehicle Categories) 2005 Amendment 2 is being made to replace Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005 Amendment 1, which was registered on 16 June 2006.

 

Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 2 is being made under the Australian Design Rule review program as part of a heavy vehicle package comprising ADRs 35/01, 38/02 and 62/01.  The prime objectives of the review are to preserve or improve Australia’s road safety performance while minimising compliance costs to industry, harmonising with international standards where possible, and reflecting the best current operating practices in industry.

  1.                        content and effect of VEHICLE STANDARD (AUSTRALIAN DESIGN RULE - Definitions and Vehicle Categories) 2005 AMENDMENT 2
    1.                  Overview of the Amendment

This amendment adds a new definition of UNLADEN TRAILER MASS (UTM), which will give effect to technical requirements for variable proportioning brake systems within the new Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007.

 

  1.                    Effect of the Amendment

 

The effect of the Amendment is detailed in the Explanatory Statement for Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007.

  1.                        consultation arrangements
    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 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), Transport Agencies Chief Executives (TACE), 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).
  • TACE 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.

Editorial changes and changes to correct errors are processed by the Department of Transport and Regional Services.  This approach is only used where the amendments do not vary the intent of the vehicle standard.

New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers.  Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services.  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 as published in the Best Practice Regulation Handbook. 

  1.                  Specific Consultation Arrangements for this Amendment

Specific consultation arrangements for this amendment are detailed in the Explanatory Statement for Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007.

Overview

The Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 2, enacted in 2007 under the Motor Vehicle Standards Act 1989, was introduced to enhance the uniformity of vehicle standards across Australia, ensuring safety and compliance with both domestic and international standards. The Act allows the Australian Government to establish consistent standards for all road vehicles supplied in the Australian market, whether manufactured locally or imported. This amendment replaces the previous Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 1, aligning with the Australian Design Rule review program that aims to preserve road safety, reduce industry compliance costs, and harmonise with international standards where feasible. The policy objective of this legislative amendment is to incorporate a new definition of Unladen Trailer Mass (UTM) to address technical requirements for variable proportioning brake systems as outlined in the new Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007. The amendment was developed through extensive consultation with relevant stakeholders, including government agencies, industry representatives, and consumer groups, to ensure comprehensive input and support for the changes.

Scope and Application

The Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 2 is made under the Motor Vehicle Standards Act 1989, which empowers the Australian Government to establish nationally uniform standards for road vehicles supplied to the market in Australia, regardless of whether they are manufactured domestically or imported. The Amendment applies to all road vehicles and their components, ensuring that they meet specific safety and operational standards. This legislation is instrumental in preserving or improving Australia’s road safety performance while also minimising compliance costs for industry and aligning with international standards where feasible. The Amendment introduces a new definition of "unladen trailer mass" to enforce technical requirements for variable proportioning brake systems, as outlined in Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007. The Amendment is part of a broader review program aimed at reflecting the best current industry practices. Consultation on proposed changes involves various governmental and industry bodies, ensuring that the interests of all stakeholders are considered.

Key Provisions

The Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 Amendment 2 (the Amendment) primarily introduces a new definition of "UNLADEN TRAILER MASS (UTM)" (section 1). This addition aligns with the technical requirements for variable proportioning brake systems set out in the new Vehicle Standard (Australian Design Rule 38/03 – Trailer Brake Systems) 2007. The effect of this Amendment is to ensure that the UTM definition is consistent and applicable to the new vehicle standard, thereby facilitating compliance and enforcement of the technical requirements related to trailer brake systems. The Amendment imposes obligations on entities involved in the manufacture, importation, sale, and use of vehicles to adhere to the newly defined UTM and any associated technical requirements. Manufacturers and importers must ensure that their vehicles and components comply with the updated definitions and standards, while retailers and users must be aware of these requirements to ensure safe and compliant vehicle operation. The Amendment also requires that these standards are reflected in relevant documentation and compliance certifications. Breach of the standards outlined in the Amendment can result in various civil and criminal consequences. The Motor Vehicle Standards Act 1989 provides for penalties including fines, imprisonment, or both, depending on the severity and nature of the breach. For instance, supplying a vehicle that does not comply with the standards can result in fines up to a significant amount, and in more severe cases, imprisonment for individuals responsible for the non-compliance. Additionally, failure to comply with the UTM definition and associated technical requirements can lead to penalties under other related legislation, such as the Competition and Consumer Act 2010, which may include fines and corrective notices. These penalties are designed to enforce compliance and protect road safety.

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