Federal Register of Legislation - Australian Government

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Determinations/Other as made
This determination repeals and replaces the Motor Vehicle Standards (Road Vehicles) Determination 2003. It determines a series of vehicle classes, such as motorised wheelchairs, power-assisted pedal cycles and quad bikes (as defined in the determination), as not road vehicles for the purposes of the Motor Vehicle Standards Act 1989.
Administered by: Infrastructure, Regional Development and Cities
Made 07 Sep 2017
Registered 13 Sep 2017
Tabled HR 14 Sep 2017
Tabled Senate 16 Oct 2017

Australian Coat of Arms

Motor Vehicle Standards (Road Vehicles) Determination 2017

 

I, PAUL FLETCHER, Minister for Urban Infrastructure, make the following instrument.

 

Dated 7 September 2017

 

 

 

[Signed]

Paul Fletcher

Minister for Urban Infrastructure

 

1           Name

This is the Motor Vehicle Standards (Road Vehicles) Determination 2017.

2           Commencement

This instrument commences on the day after it is registered.

3           Authority

This instrument is made under section 5B of the Motor Vehicle Standards Act 1989.

4           Repeal

This instrument repeals the Motor Vehicle Standards (Road Vehicles) Determination 2003.

5           Definitions

(1)        In this Determination:

agricultural machine means a vehicle with its own automotive power, built to perform agricultural tasks such as cultivating land, growing and harvesting crops or rearing livestock.

approach angle means the smallest angle, in a side view, between level ground and a straight line tangent to the front tyre and touching the front of the vehicle (see Figure 1).

breakover angle means the supplement of the largest angle, in a side view, that can be formed by two lines tangent to the front and rear tyres and intersecting at a point on the underside of the vehicle (see Figure 1).

departure angle means the smallest angle, in a side view, between level ground and a straight line tangent to the rear tyre and touching the rear of the vehicle (see Figure 1).

golf cart means a motorised vehicle that:

(a)          is designed to transport people and equipment around a golf course;

(b)          is designed to travel on at least four high flotation tyres;

(c)          has side-by-side seating;

(d)         is not capable of exceeding 25 km/h on level ground;

(e)          has an unladen mass of no more than 350 kg; and

(f)           does not have road-going features.

high flotation tyre means a tyre with a large sidewall that is designed to be operated at low inflation pressure in order to maximise the contact patch and prevent the vehicle from sinking into soft terrain such as soil or mud.

light utility vehicle means a motorised off-road vehicle that:

(a)          is designed to travel on at least four high flotation tyres;

(b)          has side-by-side seating;

(c)          is propelled solely by either:

(i)            one or more electric motors; or

(ii)          an internal combustion engine that has a cylinder capacity not exceeding 1,500 cm3;

(d)         has a steering wheel;

(e)          has a tray back designed for carrying loads;

(f)           has an unladen mass of no more than 800 kg; and

(g)          does not have road-going features.

miniature motorbike (also known as a mini bike or pocket bike) means a vehicle which resembles a motorcycle but scaled down to about half the size, that:

(a)          is designed to be used by a single person;

(b)          has a seat height no greater than 600 mm; and

(c)          has major dimensions which are scaled down in proportion to the seat height.

motorised recreational device means a wheeled device that is built to transport a person and is ordinarily used for recreation or play, is assisted by a motor or motors having a combined maximum power output not exceeding 200 watts, and includes motor-assisted rollerblades, roller skates, skateboards, unicycles and other similar wheeled devices.

motorised scooter means a device that:

(a)          is designed to be used by a single person;

(b)          has two or more wheels and a footboard supported by the wheels;

(c)          is steered by handlebars; and

(d)         is propelled by a motor or motors having a combined maximum power output not exceeding 200 watts.

motorised wheelchair means a wheelchair that:

(a)          is designed to be used by a single person;

(b)          is self-propelled;

(c)          is not capable of exceeding 10 km/h on level ground; and

(d)         if not propelled solely by one or more electric motors, has an unladen mass of 40 kg or more.

off-road vehicle means a vehicle that has at least four of the following five characteristics when the vehicle is at unladen mass on level ground, with the front wheels in the straight ahead position and the tyres inflated to the manufacturer’s recommended pressure:

(a)          approach angle of not less than 28 degrees;

(b)          breakover angle of not less than 14 degrees;

(c)          departure angle of not less than 20 degrees;

(d)         running clearance of not less than 200 mm;

(e)          distance from the ground to the lowest point of any suspension or drivetrain component of not less than 175 mm.

Title: Figure 1 - Description: Vehicle diagram depicting approach, breakover and departure angles.

Figure 1: Approach, breakover and departure angles

power-assisted pedal cycle means either:

(a)          a two-wheeled or three-wheeled pedal cycle to which is attached one or more auxiliary propulsion electric motors having a combined maximum power output not exceeding 200 watts; or

(b)          a vehicle meeting European Committee for Standardization EN 15194:2009 or EN 15194:2009+A1:2011 Cycles - Electrically power assisted cycles - EPAC Bicycles;

but does not include any vehicle that has an internal combustion engine.

quad bike means a motorised off-road vehicle that:

(a)          is designed to travel on at least four high flotation tyres;

(b)          has a saddle-type seat designed to be straddled by the user; and

(c)          is steered by handlebars.

road-going features means any of:

(a)          direction indicators;

(b)          brake lights;

(c)          rear vision mirrors;

(d)         provision for mounting a registration plate;

(e)          seatbelts; or

(f)           a fully enclosed cabin with doors.

running clearance means the distance from the ground to the lowest point on the vehicle excluding unsprung mass.

seat height means the vertical distance between the undeformed upper surface of the driver’s seat and the ground on which the vehicle rests, when the vehicle is at unladen mass on level ground.

tracked vehicle means a vehicle that travels on continuous tracks rather than tyres and can include bulldozers and excavators.

unladen mass means the mass of the vehicle in running order, unoccupied and unladen, with all fluid reservoirs filled to nominal capacity including fuel, and with all standard equipment.

wheelchair means a chair mounted on wheels that is built to transport a person who is unable to walk or who has difficulty in walking, but does not include a pram, stroller or trolley.

6           Vehicles that are not road vehicles

(1)        Vehicles of the following classes are not road vehicles for the purposes of the Motor Vehicle Standards Act 1989:

(a)          agricultural machines;

(b)          golf carts;

(c)          light utility vehicles;

(d)         miniature motorbikes;

(e)          motorised recreational devices;

(f)           motorised scooters;

(g)          motorised wheelchairs;

(h)          power-assisted pedal cycles;

(i)            quad bikes; and

(j)            tracked vehicles.