Vehicle Standard (Australian Design Rule — Definitions and Vehicle Categories) 2005 Amendment 7
Made under section 7 of the Motor Vehicle Standards Act 1989
Explanatory Statement
Issued by the authority of the Assistant Minister for Infrastructure and Regional Development
December 2013
CONTENTS
1. legislative context................................................
2. content and effect of ADR – Definitions and vehicle categories and amendments
2.1. Overview of the ADR.............................................
2.2. Effect of the ADR Amendment......................................
3. best practice regulation............................................
3.1. Business Cost Calculator...........................................
3.2. General Consultation Arrangements..................................
3.3. Specific Consultation Arrangements for this Vehicle Standard.............
3.4. Regulation Impact Statement........................................
4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
4.1. Overview of the Legislative Instrument................................
4.2. Human Rights Implications.........................................
4.3. Conclusion......................................................
- legislative context
Vehicle Standard (Australian Design Rule — Definitions and Vehicle Categories) 2005 Amendment 7 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 are 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".
Vehicle Standard (Australian Design Rule — Definitions and Vehicle Categories) 2005 (ADR – Definitions and Vehicle Categories) was originally determined in 2005 and was subsequently amended in 2006, 2007, 2011 and 2012.
2. content and effect of ADR – Definitions and vehicle categories and amendments
2.1. Overview of the ADR
The function of this Australian Design Rule is to set out matters, such as definitions of key terms, which apply in common to particular Australian Design Rules. It contains material that needs to be read in conjunction with particular Australian Design Rules in order to establish rights and obligations to which those rules give rise.
2.2. Effect of the ADR Amendment
This amendment provides a definition for the term ‘Identification Plate’ which has superseded ‘Compliance Plate’. The amendment also updates the definition of ‘Overall Width’ to align it with in-service legislation and to allow a concession for permanently fixed webbing-assembly-type devices. Finally, the amendment updates a series of ADR clause references. This amendment does not increase the stringency of the ADR.
3. best practice regulation
3.1. Business Cost Calculator
There is no expected increase in cost to manufacturers, as the proposed amendments do not increase the stringency of the ADR.
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 Federal Government 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 Strategic Vehicle Safety and Environment Group (SVSEG), Australian Motor Vehicle Certification Board (AMVCB), Technical Liaison Group (TLG), Transport and Infrastructure Senior Officials’ Committee (TISOC) and the Standing Council on Transport and Infrastructure (SCOTI).
- SVSEG consists of senior representatives of government agencies (Australian and state/territory), the National Transport Commission and the National Heavy Vehicle Regulator, 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 technical representatives of government regulatory authorities (Australian and state/territory) that deal with ADR and other general vehicle issues, and the National Transport Commission and the National Heavy Vehicle Regulator.
- TLG consists of technical representatives of government agencies (Australian and state/territory), the National Transport Commission and the National Heavy Vehicle Regulator, the manufacturing and operational arms of the industry and of representative organisations of consumers and road users (the same organisations as represented in SVSEG).
- TISOC consists of state and territory transport and/or infrastructure Chief Executive Officers (CEO) (or equivalents), the CEO of the National Transport Commission, New Zealand and the Australian Local Government Association.
- SCOTI 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 and Regional Development. 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 Best Practice Regulation Handbook and the Council of Australian Governments Principles and Guidelines for National Standard Setting and Regulatory Action for Ministerial Councils and Standard-Setting Bodies.
3.3. Specific Consultation Arrangements for this Vehicle Standard
Following earlier discussion of parts of the amendment, the overall ADR amendment was discussed within the AMVCB and the TLG and agreed by all members in April 2013.
As the amendment is minor in nature, and does not increase the stringency of the ADR, there is no need for further consultation through TISOC, SCOTI, or the public comment process.
3.4. Regulation Impact Statement
As the proposed amendment does not increase the stringency of the ADR a Regulation Impact Statement is not required.
Since the decision is made by the Assistant Minister for Infrastructure and Regional Development without reference to SCOTI and the proposal is not considered significant, the Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference ID 15099).
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 amendment introduces the term ‘Identification Plate’ and modifies the term ‘Overall Width’.
4.2. Human Rights Implications
This amendment to ADR – Definitions and Vehicle Categories 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
This amendment to ADR – Definitions and Vehicle Categories is compatible with human rights as it does not raise any human rights issues.