AUSTRALIAN VEHICLE STANDARDS RULES
8th AMENDMENT PACKAGE
EXPLANATION OF AMENDMENTS
JANUARY 2014
National Transport Commission
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Australian Vehicle Standards Rules 8 Amendment Package – Explanation of Amendments
ISBN:
Report outline
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Title:
Australian Vehicle Standards Rules 8 Amendment
Package – Explanation of Amendments.
Type of report:
Explanation of proposed amendments to the
Australian Vehicle Standards Rules.
Purpose:
For public consultation.
Abstract:
This report provides an explanation of the proposed
amendments to the Australian Vehicle Standards
Rules. The Vehicle Standards are being amended to
improve consistency with the Australian Design Rules,
to clarify or improve the operation of current rules, and
in order to provide consistency with the Heavy Vehicle
(Vehicle Standards) National Regulation which was
endorsed by the Standing Council on Transport and
Infrastructure in March 2013.
Submission details:
Submissions will be accepted until 21 February 2014
online at www.ntc.gov.au or by mail to:
Att: Australian Vehicle Standards Rules Maintenance
National Transport Commission
L15/628 Bourke Street
Melbourne VIC 3000
Key milestones:
Submission to the Transport and Infrastructure Senior
Officials’ Committee on 11 April 2014 and then
submission to the Council on Transport and
Infrastructure on 23 May 2014.
Key words:
Australian Vehicle Standards Rules, amendments,
maintenance, Heavy Vehicle National Law, Australian
Design Rules, Heavy Vehicle (Vehicle Standards)
National Regulation.
Contact:
National Transport Commission
L 15/ 628 Bourke Street
Melbourne VIC 3000
Ph: (03) 9236 5000
Email: [email protected]
www.ntc.gov.au
Australian Vehicle Standards Rules Amendment Package - Explanation of Amendments January 2014
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We would like to hear what you think
We would like to hear what you think about the proposed amendments to the Australian Vehicle
Standards Rules.
If you would like to give us your views on any one or more of the proposed amendments, please see
below.
To enable us to consider any comments that are made, we would be grateful if you could provide
those comments to us on or before 21 February 2014.
How to make a submission to the NTC
Who can make a submission?
Any individual or organisation can make a submission to the NTC.
How to submit
To make an online submission please visit the NTC homepage (www.ntc.gov.au) and select ‘Make a
submission to the NTC’ from the News & Publications menu.
Alternatively, you can mail your comments to: Australian Vehicle Standards Rules Maintenance, Level
15/628 Bourke Street, MELBOURNE VIC 3000.
Where possible, you should provide evidence, such as data and documentation, to support your
views.
Publication of submissions
Unless submissions clearly request otherwise, all submissions will be published online. Submissions
that contain defamatory or offensive content will not be published. The Freedom of Information Act
1982 (Cth) applies to the NTC.
Australian Vehicle Standards Rules Amendment Package - Explanation of Amendments January 2014
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Foreword
The National Transport Commission (“NTC”) is an independent statutory body
established by the National Transport Commission Act 2003. The Commission has
ongoing responsibilities to develop and maintain nationally consistent road, rail and
intermodal transport reforms to improve safety, productivity and environmental outcomes.
The Australian Vehicle Standards Rules (“AVSRs”) were developed by the National
Road Transport Commission (predecessor to the NTC) in consultation with relevant
stakeholders, including road agencies, automotive industry bodies and
representatives, police and road safety experts, motoring organisations, members of
the public and other interested parties. The AVSRs were, in most part, an integration
of jurisdictional light and heavy vehicle laws for Vehicle Standards.
Despite the introduction of the Heavy Vehicle National Law, which prescribes heavy
vehicle standards in the Heavy Vehicle (Vehicle Standards) National Regulation, the
AVSRs continue to the be the model for vehicle standards law for both light and heavy
vehicles.
The AVSRs were approved by the Australian Transport Council in January 1999. The
NTC adopted a maintenance process by which the AVSRs could be amended to
ensure, as model legislation, they reflected the current needs of stakeholders and met
community expectations concerning road safety.
Extensive consultation has been undertaken between the NTC and representatives of
all Commonwealth, State and Territory transport agencies, as well as the recently
established National Heavy Vehicle Regulator in order to identify and recommend the
required amendments. Wider consultation with the public and stakeholders is now to
be undertaken.
The NTC acknowledges the advice and assistance of the Australian Vehicle
Standards Rules Maintenance Group in preparing this amendment package to the
AVSRs.
Paul Retter AM
Chief Executive Officer and Commissioner
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Executive summary
The Australian Vehicle Standards Rules (“AVSRs”) were approved by the Australian
Transport Council (“ATC”) in January 1999. Up to that time there were significant
differences in the way that jurisdictions legislated, implemented and enforced
requirements in relation to vehicle standards, to the detriment of vehicle
manufacturers, importers and users. All jurisdictions have implemented the AVSRs
into their own legislation in a relatively consistent way.
The basis of the AVSRs are the Australian Design Rules (“ADRs”) which are
developed and administered by the Commonwealth’s Department of Infrastructure
and Regional Development. The AVSRs require a vehicle that is subject to an ADR
when built or imported to continue to comply with the ADR. They also impose
requirements in relation to combinations, such as some dimensional limits, which are
not specified by the ADRs.
As with all of the AVSR Amendment Packages, the amendments in the 8th
Amendment Package will only take effect once they are adopted into the law of each
state or territory. This means that a state or territory must pass a law adopting the
amendments before the amendments will apply in that state or territory. The
amendments will only apply to heavy vehicles where the Heavy Vehicle National Law
applies when the relevant national regulation for heavy vehicle standards is amended.
The Commission considers that none of the amendments that it has proposed to
make in the 8th Amendment Package will result in the incurring of any significant
costs.
It is not anticipated that any of the proposed policy changes will have a significant
impact on vehicle operators, other road users or the general public. The changes are
not expected to have an adverse impact on road safety outcomes or to effect the
productivity and efficiency of the road transport task.
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Contents
1.
Introduction
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2.
Explanation of the proposed amendments
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2.1 Consistency with the Heavy Vehicle National Regulation
2.1.1 Rule 35 – Rear vision mirrors
2.1.2 Rule 44 – Window tinting
The existing rule specifies glazing requirements for windows and interior
petitions.
2.1.3 Rule 118 – Other lights reflectors
The existing rule specifies requirements with regard to additional lights and
reflectors.
2.1.4 Rule 125 – Parts of a braking system
2.1.5 Widening of Part 10 Subdivision 3
2.1.6 Rule 147A – Exhaust emissions – diesel-powered vehicles
2.2 Policy changes
2.2.1 Rule 10 – Vehicles to which the Vehicle Standards do not apply
2.2.2 Rule 66 – Width
2.2.3 Rule 148 – Exhaust systems
2.2.4 Rule 149 – Silencing device for exhaust systems
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1. Introduction
On 15 November 2013, the Standing Council on Transport and Infrastructure (“SCOTI”) confirmed
that the National Transport Vision, Policy Objectives and Principles in particular those relating to
safety and environmental principles agreed at the Australian Transport Council’s meeting on 2 May
2008, are the broader framework for the Australian Vehicle Standards Rules (“AVSRs”).
Vehicles manufactured in, or imported into, Australia need to comply with the Australian Design
Rules (ADRs). The ADRs are made under the Motor Vehicle Standards Act 1989 (Cth).
The ADRs have certain gaps in their application. In particular the ADRs do not cover:
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vehicles built before 1969;
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combinations of vehicles;
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every safety feature for vehicles built between 1969 and 1988;
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certain standards made by bodies outside Australia; and
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ongoing maintenance requirements.
To cover these apects, the AVSRs were created. The AVSRs are model rules that set standards in
relation to the construction and performance of motor vehicles, trailers and combinations. They
apply to both light and heavy vehicles. Although they are model rules, they have been implemented
as laws in each state and territory. In the future they will apply to heavy vehicles as a result of the
Heavy Vehicle (Vehicle Standards) National Regulation (“HVNR”) made under the Heavy Vehicle
National Law (“HVNL”) which is scheduled to commence in early 2014. The AVSRs will continue
however to be model vehicle standard rules for both light and heavy vehicles.
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This document outlines the proposed amendments to the AVSRs – the 8 package of
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amendments. Some of the amendments making up the 8 package are mechanical in nature and
are a result of the introduction of the HVNR. It is anticipated that the 8th amendment package will
bring the AVSRs into alignment with the HVNR. As these amendments are a consequence of the
introduction of the HVNL which was subject to its own public consultation process they are not
subject to extensive discussion in this document.
With respect to the minor policy changes, most of those changes were originally proposed by the
members of the Australian Vehicle Standards Maintenance Group (the “Maintenance Group”). The
Maintenance Group consists of representatives from road agencies from each of the state and
territories across Australia, as well as the Commonwealth. The NTC acknowledges the assistance
it has received from the Maintenance Group.
It is not anticipated that any of the proposed policy changes will have a significant impact on
vehicle operators, other road users or the general public. The changes are not expected to have
an adverse impact on road safety outcomes or to effect the productivity and efficiency of the road
transport task.
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Australian Vehicle Standards Rules Amendment Package - Explanation of Amendments January 2014
2. Explanation of the proposed amendments
2.1
Consistency with the Heavy Vehicle National Regulation
The HVNR made under the HVNL is closely modelled on the AVSRs. However, in implementing
provisions from the AVSRs, various minor drafting changes were made to those provisions. The
placement of the provisions in the HVNR also varies considerably from how the provisions appear
in the AVSRs.
Given the close relationship that exists between the AVSRs and the HVNR, it was considered by
the NTC that it would be of significant benefit to the users of both documents that both documents
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be as consistent as possible. Therefore the 8 Amendment Package proposes amendments to the
AVSRs to correspond to changes that were made when the HVNR was drafted.
Any policy changes that occurred when provisions of the AVSRs were changed before inclusion
into the HVNR were approved by Ministers when the Standing Council on Transport and
Infrastructure approved the HVNR. The majority of such changes can be fairly characterised as
minor or incidental.
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The following amendments have been proposed for inclusion in the 8 Amendment Package as a
consequence of the introduction of the HVNR.
2.1.1
Rule 35 – Rear vision mirrors
The existing rule specifies requirements for exterior mirror width.
It is proposed to amend rule 35 to incorporate recent developments to ADR 14/02 which recognise
the United Economic Commission for Europe Regulation 46 which allows rear vision mirrors to
exceed 230mm based on minimum field of view requirements being satisfied. The proposed
amendment will align the rule with Schedule 2 clause 12 of the HVNR.
2.1.2
Rule 44 – Window tinting
The existing rule specifies glazing requirements for windows and interior petitions.
It is proposed to amend rule 44 so that the luminous transmittance requirements are consistent
with those set out in Schedule 2 clause 21 of the HVNR. However, the requirement of existing
subrule 44(4) of the AVSRs “Glazing used in a window or interior partition of a motor vehicle must
have a luminous transmittance of at least 70%” will be retained in the AVSRs.
2.1.3
Rule 118 – Other lights reflectors
The existing rule specifies requirements with regard to additional lights and reflectors.
It is proposed to amend rule 118 to make it consistent with Schedule 2 clause 79 of the HVNR.
This amendment will make rule 118 much clearer in its policy intent and easier to read.
2.1.4
Rule 125 – Parts of a braking system
The existing rule specifies requirements for parts of a braking system.
Amendment Package No. 7 amended rule 125 by adding the European Committee for
Standardization (CEN) to the list of acceptable standards bodies for the purpose of recognition of
overseas, barring system design and performance requirements. Rule 125(2) as amended also
included a distinction between standards approved before and after 29 January 1999 (the date the
AVSRs were first amended) but there was no practical difference between the recognition of the
standards. Therefore when the HVNR was drafted this distinction was removed.
The proposed amendment is to remove the reference to ‘29 January 1999’; the rule will simply
reference ‘a relevant standard’. This proposed amendment will make the rule consistent with
Schedule 2 clause 84 of the HVNR.
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2.1.5
Widening of Part 10 Subdivision 3
The Subdivision applies to a motor vehicle other than a vehicle certified (i.e. certified prior) to ADR
83/00. It is proposed to amend the heading to read ‘Noise levels applying to vehicles certified prior
to the application of ADR 83/00’. The proposed amendment will make Part 10 Subdivision 3
consistent with Schedule 2 Subdivision 2 of the HVNR.
2.1.6
Rule 147A – Exhaust emissions – diesel-powered vehicles
The DT80 test is used for clearing defects. In order to ensure the validity of the test, standards
must to be imposed on operators to ensure accurate and uniform results.
The proposed amendments will align the AVSRs with the requirements set out in Schedule 2
clauses 96, 97 and 98 of the HVNR. In order to achieve this, amendments will need to be made to
AVSR 147A and Schedule 1 - DT80 transient test procedures for testing of diesel-fuelled vehicle
exhaust emissions, as well as the insertion of a new rule 147B Requirements of DT80 test cycle
and definition of exempt vehicle.
2.2
Policy changes
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In accordance with the maintenance process, the NTC has developed the amendments for the 8
package with advice from the Maintenance Group.
2.2.1
Rule 10 – Vehicles to which the Vehicle Standards do not apply
The ADRs were amended in May 2012 to provide that Australia has an additional new electric
bicycle category using the European model of a “Pedalec” as per the EN15194 Standard.
The proposed amendment will provide that the AVSRs should not apply to power assisted pedal
cycles as defined for the ADRs made under the Commonwealth Motor Vehicle Standards Act 1989.
This will ensure that pedalecs will not be subject to the AVSRs even though the power output of the
vehicle exceeds 200 watts (vehicles with a power output not over 200 watts are already exempt)
and may be up to 250 watts.
It is also proposed to amend the AVSRs in such a manner as to recognise pedalecs which
complied with a previous definition of power assisted pedal cycle which has been superseded by
ADR changes, thus ensuring that pedalecs remain as vehicles exempt from vehicle standards
requirements under the AVSRs. This will ensure that pedalecs are not suddenly subject to the
requirement to comply with vehicle standards and possibly be registered even though they have
been previously exempted from these requirements.
The proposed amendment will further ensure that the AVSRs with regard to pedalecs both now and
in the future are consistent with the ADRs.
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A similar amendment was made to the Australian Road Rules in the 10 Amendment Package
approved by SCOTI on 15 November 2013.
2.2.2
Rule 66 – Width
The Commonwealth Department of Infrastructure and Regional Development have advised that the
Commonwealth intends to amend the definition of ‘overall width’ in the ADRs in relation to a vehicle
to include “permanently fixed webbing-assembly-type devices-such as curtain-side devices,
provided that the maximum distance measured across the body including any part of the device
does not exceed 2.55m”.
The current definition of ‘overall width’ in the ADRs is found in ADR43/04 – Vehicle Configuration
and Dimensions. The latest advice from the Commonwealth Department is that it will progress this
amendment shortly.
It is proposed to amend the AVSRs to be consistent with the upcoming ADR definition of ‘overall
width’. The definition of ‘overall width’ should correspond to the definition of width as both
ADR43/04 and the AVSRs impose a width restriction of 2.5 metres.
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Australian Vehicle Standards Rules Amendment Package - Explanation of Amendments January 2014
Consequential amendments will also need to be made to rules 33(6), 35, 59(2), 84(9), 85(6), 94(6),
103(4) and 113(4).
2.2.3
Rule 148 – Exhaust systems
The existing rule prescribes exhaust outlet positioning requirements for all classes of vehicles.
Compilation 4 of ADR 42/04 – General Safety requirements deletes exhaust outlet location
requirements for NA and NB category vehicles from the ADRs. NA and NB category vehicles are
vehicles built to carry goods with a gross vehicle mass less than 12 tonnes.
The proposed amendment to delete exhaust outlet location requirements for NA and NB category
vehicles will bring the AVSRs into line with the ADRs with respect to NA and NB category vehicles.
2.2.4
Rule 149 – Silencing device for exhaust systems
The existing rule currently states that “A motor vehicle propelled by an internal combustion engine
must be fitted with a silencing device through which all the exhaust from the engine passes”.
The proposed amendment to the stationary noise test procedures requires that any device fitted to
a vehicle which is designed to be manipulated by the operator, such as by means of in-vehicle
controls, be tested in the worst-case configuration.
The objective of the amendment is to prevent the manipulation of silencing devices which could be
configured by means of in-vehicle controls to pass stationary noise tests.
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