Federal Register of Legislation - Australian Government

Primary content

ADR 38/01 Standards/Australian Design Rules for Vehicles as made
This is a vehicle standard determined under section 7 of the Motor Vehicle Standards Act 1989 providing requirements for trailer brake systems.
Administered by: Infrastructure, Transport, Regional Development and Communications
General Comments: This standard was originally made under section 7 of the Motor Vehicle Standards Act 1989 and from 1 July 2021 continues in force as if it were a national road vehicle standard determined under section 12 of the Road Vehicle Standards Act 2018 (see Schedule 3, Part 2, item 2 of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018).

This standard repeals each vehicle standard with the name Australian Design Rule 38/01 — Trailer Brake Systems that is: (a) made under section 7 of the Motor Vehicle Standards Act 1989; and (b) in force at the commencement of this standard. This standard also repeals each instrument made under section 7 of the Motor Vehicle Standards Act 1989 that creates a vehicle standard with the name Australian Design Rule 38/01 — Trailer Brake Systems, if there are no other vehicle standards created by that instrument, or amendments to vehicle standards made by that instrument, that are still in force at the commencement of this standard.
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 56C
Registered 15 Sep 2006
Tabling HistoryDate
Tabled HR09-Oct-2006
Tabled Senate09-Oct-2006

 

 

 

 

 

 

Vehicle Standard (Australian Design Rule 38/01 – Trailer Brake Systems) 2006

 

 

 

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

 

 

 

 

 

 

 

August 2006


 

CONTENTS

 

1.           legislative context................................................................................. 3

2.           impact of the legislative instruments act 2003........................ 3

3.           content and effect of ADR 38/01 - Trailer Brake Systems.... 3

4.           consultation arrangements............................................................. 5

 

 

 

 

 

 

 

 


1.                       legislative context

Vehicle Standard (Australian Design Rule 38/01 — Trailer Brake Systems) 2006 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".

Australian Design Rule (ADR) 38/01 was originally determined in Road Vehicle (National Standards) Determination 3 of 1994 and has not been amended subsequent determinations.  ADR 38/01 is being remade to comply with the requirements of the Legislative Instruments Act 2003 (LIA) and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments.  The remaking of ADR 38/01 has not altered the substance of the standard as last determined.

2.                       impact of the legislative instruments act 2003

Until now ADRs have been determined in “packages”, that is, a single determination will create, amend and repeal multiple ADRs.  In example, Determination 1 of 1991 amended 32 ADRs and Determination 2 of 2003 created one new ADR and amended 13.  The determination is the legislative instrument, not the ADR itself.

 

The intent of the LIA is to allow easy access to all legislative instruments and to be able to track their history and changes.  The current form of determination used to created vehicle standards does not allow for this as it is difficult to isolate the change history of individual ADRs and the legislative instruments (the determinations) do not contain the information of importance to those using the ADRs – the vehicle standards.

 

In consultation with the Attorney General’s Department it has been agreed that the most effective solution is to remake each ADR as a separate vehicle standard determined under section 7 of the Act.  In doing this, there is no need to backcapture the old determinations and the new layout better fits the intent of the LIA.  With each ADR as a separate vehicle standard it will be possible for interested parties to view the ADR and its change history on the Federal Register of Legislative Instruments.

3.                       content and effect of ADR 38/01 - Trailer Brake Systems

3.1.                 Overview of the ADR

 

3.2.                 Changes to the ADR

The following changes have been made to the ADR:

·        Format.  The ADR is now presented as a single column of text rather than two columns.

·        Spelling and grammar.  Several typographical errors have been corrected.

·        Replace clause A with the following:

“A.             Legislative provisions

A.1.           NAME OF STANDARD

A.1.1.        This Standard is the Vehicle Standard (Australian Design Rule 38/01 – Trailer Brake Systems) 2006.

A.1.2.        This Standard may also be cited as Australian Design Rule 38/01 — Trailer Brake Systems.

A.2.           COMMENCEMENT

A.2.1.        This Standard commences on the day after it is registered.

A.3.           REPEAL

A.3.1.        This Standard repeals each vehicle standard with the name Australian Design Rule 38/01 — Trailer Brake Systems that is:

(a)           made under section 7 of the Motor Vehicle Standards Act 1989; and

(b)           in force at the commencement of this Standard.

A.3.2.        This Standard also repeals each instrument made under section 7 of the Motor Vehicle Standards Act 1989 that creates a vehicle standard with the name Australian Design Rule 38/01 — Trailer Brake Systems, if there are no other vehicle standards created by that instrument, or amendments to vehicle standards made by that instrument, that are still in force at the commencement of this Standard. “

·        Replace the text of the Definitions clause 38.1.1 with “Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.”

 

The text of clause A has been provided by the Attorney General’s Department to facilitate remaking each ADR as a separate legislative instrument.  This text repeals and replaces each ADR as a vehicle standard independently of the Determination under which it was made.  Once all ADRs made under a particular Determination have been remade, that Determination is repealed. 

 

Changes to clause 38.1 have been made to reference the ADR Definitions and Vehicle Categories as remade for the LIA requirements.


3.3.                 Documents Incorporated by Reference

This section lists documents referenced in the vehicle standard and how they can be obtained.

 

·        Australian Design Rules can be purchased on CD-ROM from the Department of Transport and Regional Services.  As the ADRs are remade, they will also be available at http://www.comlaw.gov.au.

o       Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005 (s38.1.1)

    • ADR 38/00 – Trailer Brake Systems (sC.2)

·        SAI Global can provide both Australian standards and English translations of many international standards.  Their website is accessible at http://www.standards.com.au/catalogue/script/search.asp.

    • AS D8 - 1971, “Hose Couplings for use with Vacuum and Air-pressure Braking Systems on Prime-movers, Trailers and Semi-trailers” (s38.2.1.10.1)

·        Society of Automotive Engineers documents can be purchased from their website http://www.sae.org.

    • SAE J 866a - “Friction Identification System for Brake Linings and Brake Blocks for Motor Vehicles” (September 1966) (s38.3.1.3.3)
    • SAE J 840c - “Test Procedures for Brake Shoe and Lining Adhesives and Bonds’ (May 1971) (s38.3.1.3.3)
    • SAE J 998 “Minimum Requirements for Motor Vehicle Brake Linings” (January 1968) (s38.3.1.3.3)

4.                       consultation arrangements

4.1.                 Specific Consultation Arrangements for this Vehicle Standard

As the changes to this vehicle standard are purely administrative (to comply with the LIA) no public consultation has been undertaken.

 

The Department of Transport and Regional Services has sought advice and assistance from the Office of Legislative Drafting and the Federal Register of Legislative Instruments on how best to handle the backcapture requirements of the LIA.

 

The Office of Regulation Review has agreed that a regulation impact statement is not required as the intent and technical content of the vehicle standard has not changed.