Federal Register of Legislation - Australian Government

Primary content

Standards/Australian Design Rules for Vehicles as made
This instrument amends Vehicle Standard (Australian Design Rule – Definitions and Vehicle Categories) 2005.
Administered by: DOTARS
Exempt from sunsetting by the Legislative Instruments Act 2003 s 54(2) item 24
Registered 18 Jul 2007
Tabling HistoryDate
Tabled HR07-Aug-2007
Tabled Senate07-Aug-2007
Date of repeal 19 Mar 2014
Repealed by Infrastructure and Regional Development (Spent and Redundant Instruments) Repeal Regulation 2014

 

 

 

 

 

 

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................................................................................. 3

2.           content and effect of VEHICLE STANDARD (AUSTRALIAN DESIGN RULE - Definitions and Vehicle Categories) 2005 AMENDMENT 2.................................. 3

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

 

 

 

 

 

 

 

 


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.

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

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.

 

2.2                   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.

3.                       consultation arrangements

3.1.                 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. 

3.2.                 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.