Road Vehicle Compliance Update—Issue 1 December 2017
In this issue:
- Message from the Administrator
- Release of the Motor Vehicle Standards Act 1989 Compliance and Enforcement Strategy
- Area of focus—emergency exit requirements for double decker buses
- Extension of sunsetting dates for RAWS-related legislative instruments
- Applying to import a vehicle manufactured before 1989? New guidance material released
- New Australian Design Rules downloadable resource
- New Australian Design Rule—advanced motorcycle braking systems for safer riding
Welcome to the first issue of the Road Vehicle Compliance Update.
The Road Vehicle Compliance Update aims to inform, educate and raise awareness amongst regulated entities of their compliance obligations and encourage higher levels of voluntary compliance.
It forms a key part of our commitment to better engage with our stakeholders to keep them informed about compliance-related issues that may impact them.
We are intending to release three issues of the Road Vehicle Compliance Update each year.
Updates may include information on new guidance material or resources that may assist you in meeting your obligations, common compliance issues we may be seeing through our activities and our areas of compliance focus.
Importantly, we want the Road Vehicle Compliance Update to be useful to you. We would like to hear your views on the Road Vehicle Compliance Update—including what information you would find useful to be included in future issues.
Please email any feedback to email@example.com.
Administrator of Vehicle Standards
The department has released its Motor Vehicle Standards Act 1989 Compliance and Enforcement Strategy (the Strategy).
The Strategy outlines our approach to compliance and enforcement activities to ensure regulated entities are meeting their obligations under the Motor Vehicle Standards Act 1989.
In response to some instances of identified non-compliance, the department is currently focusing on monitoring compliance with emergency exit requirements for double decker buses. This includes compliance checks on vehicles already in the market and vehicles yet to be supplied to market.
The department reminds licensees of their obligations under their approval to comply with Australian Design Rule 44/02—Specific Purpose Vehicle Requirements 2006, which specifies the requirements for emergency exits.
The Australian Government has recently extended the sunsetting dates of five legislative instruments critical to the operation and administration of the Registered Automotive Workshop Scheme (RAWS).
Four of the legislative instruments (three Determinations and one Guidelines) were due to sunset on 1 October 2017 and the fifth (the Motor Vehicle Standards Regulations 1989) was due to sunset on 1 April 2018. The new sunsetting date for all five instruments is 1 October 2022.
The five legislative instruments, which were made under the Motor Vehicle Standards Act 1989 (the MVSA) and underpin the administrative arrangements for RAWS, will now be the subject of a single thematic review as part of the Government's broader review of the MVSA.
Had these instruments been allowed to sunset, it would have effectively stopped the department from being able to administer RAWS, which would have adversely impacted approximately 135 organisations currently operating as registered automotive workshops under this scheme.
New arrangements for the ongoing operation and administration of registered automotive workshops are being considered as part of the Government's public consultation process on the recently released exposure draft of the Road Vehicle Standards Bill and draft Road Vehicle Standards Rules.
The affected legislative instruments are:
- Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1)
- Motor Vehicle Standards (Placement of Used Import Plates) Determination 2004 (No. 1)
- Motor Vehicle Standards (Registered Automotive Workshops—Fit and Proper Persons) Determination 2002
- Motor Vehicle Standards (Used Imported Vehicle Report) Determination 2006 (No. 1)
- Motor Vehicle Standards Regulations 1989
The enabling legislative instrument that extended the sunsetting dates of the above legislative instruments to 1 October 2022 is the Legislation (Motor Vehicle Standards Instruments) Sunset-altering Declaration 2017.
The department has released new guidance material for those seeking to apply for an import approval for vehicles manufactured before 1989.
The information includes the assessment considerations the department uses to make a determination of eligibility as a pre-1989 vehicle.
We encourage applicants to familiarise themselves with these assessment considerations and undertake a self-assessment of their vehicle against them prior to submitting an application under this import option.
Applicants should ensure all required information is submitted with the application to enable the department to complete a full assessment against these considerations.
Provision of all required information at time of application will facilitate the application assessment process.
In line with the national program for Australian Design Rule (ADR) development, the department amends or develops ADRs and related information. A resource containing the ADRs and related information has previously been provided on CD-ROM (known as the ADR CD-ROM) through a paid subscription service.
In response to IT developments and the reduced access to CD ROM drives, from 31 January 2018, the department will phase out the ADR CD-ROM and replace it with an equivalent online ADR Resource.
The online ADR Resource will be downloadable free of charge and subscriber fees will be removed.
The ADR Resource will be provided as a .zip file for easy transfer to hard disk or USB media and as an .iso file for easy transfer to CD-ROMs.
The .zip and .iso files will be made available from 31 January 2018.
The downloadable ADR Resource will be updated periodically and will contain the same content that subscribers have previously received on the ADR CD-ROM:
- General overview of new and amended standards since the availability of the periodic ADR Online Resource
- Motor Vehicle Standards Act 1989
- Motor Vehicle Standards Regulations 1989
- Second Edition ADRs (applying to vehicles manufactured from 1969 to 1989)
- Third Edition ADRs (applying to vehicles manufactured from 2 August 1989)
- Administrator's Circulars
- Vehicle Standards Bulletins
- Registered Automotive Workshop Information and Forms
- Test Facility Inspection Manual
- Road Vehicle Certification System
- Importing Vehicles into Australia
- Government Gazettes
Transition to a downloadable ADR Resource
The subscription service is no longer available and subscription fees no longer apply.
Existing ADR CD-ROM subscribers can expect a final copy of the ADR CD-ROM mailed to them by 31 January 2018. The final ADR CD-ROM will contain the same content as the downloadable ADR Resource.
Register for notification that an updated ADR Resource is available for download
Subscribers who have previously provided an email address will automatically be registered for notification of the availability of the periodically updated ADR Resource.
If you were not a subscriber but wish to be notified of the availability of an updated downloadable ADR Resource, please register your email address on the ADR Resource notification service.
Register for notifications to updates to specific ADRs
Notifications relating to amendments to specific ADRs can be received by registering an account with the Federal Register of Legislation at https://www.legislation.gov.au/MyAccount.
A new Australian Design Rule (ADR) has been introduced that requires advanced braking systems on motorcycles and mopeds when first supplied into the Australian market. Advanced braking systems consist of anti-lock braking systems (ABS) and combined braking systems (CBS).
The ADR, Vehicle Standard (Australian Design Rule 33/01—Brake Systems for Motorcycles and Mopeds) 2017, requires ABS to be fitted to new motorcycles above 125cc (or equivalent) and ABS or CBS between 50cc and 125cc (or equivalent).
It will apply from 1 November 2019 for new models and 1 November 2021 for all new vehicles.
Australian research has shown that ABS and CBS can reduce motorcycle related road trauma in Australia by more than 30 per cent.
Further information on ADR 33/01 will shortly be available on the department's website. Links to the relevant ADRs are below:
- Vehicle Standard (Australian Design Rule 33/01— Brake Systems for Motorcycles and Mopeds) 2017
This instrument ensures safe braking under normal and emergency conditions for motorcycles (ADR categories LC, LD and LE) and mopeds (ADR categories LA and LB). It will apply to new model vehicles of these categories from 1 November 2019 and all new vehicles of these categories from 1 November 2021.
- Vehicle Standard (Australian Design Rule 33/00—Brake Systems for Motorcycles and Mopeds) 2007 Amendment 1
This instrument implements transition arrangements from this vehicle standard to a later vehicle standard. Under these arrangements, compliance to the new standard ADR 33/01 exempts a manufacturer from having to comply with ADR 33/00.
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