Consumer Goods (Motor Vehicle Recovery Straps) Safety Standard 2017

The central concept is the “motor vehicle recovery strap”, which the instrument defines narrowly as a strap “commonly called a snatch strap, for attaching to a bogged vehicle to tow it clear of the bogged situation” (s 5). This definition excludes tow ropes, winch extensions, recovery slings, tree trunk protectors, shackles, and any strap not intended for the dynamic, kinetic recovery of a bogged vehicle. The definition also implicitly excludes straps used for lifting or conventional towing , indeed, the mandatory instructions must state that the strap must not be used for lifting or conventional towing (s 9(2)(b)). The second key concept is “minimum breaking strength”, defined as the minimum load necessary to cause the strap to fail (s 5). This is a single figure expressed in metric units (so Newtons or kilograms-force will be the likely units). The instrument does not prescribe a formula for calculating the minimum breaking strength, nor does it set a minimum threshold. Instead, the standard requires that the strap’s minimum breaking strength be stated on the strap itself (s 8(b)(iii)) and on the packaging (s 10(c)). It also requires a recommendation that the minimum breaking strength be between 2 and 3 times the gross vehicle mass (GVM) of any vehicle it is used with (s 8(b)(iv), s 10(d)), and advice that the strap must be suited to the lighter of the two vehicles used in the recovery (s 8(b)(v)). “Gross vehicle mass” is defined in s 5 as the maximum loaded mass stated on the compliance plate, registration certificate, build plate, handbook, or manufacturer documentation for the vehicle. This allows multiple sources, meaning a supplier must check which source is available for each vehicle. The strap’s batch code or serial number must also be permanently fixed to the strap (s 8(b)(ii)). The instrument distinguishes between two compliance periods: the “transitional period” , defined as 24 months beginning on the day the instrument commences (s 5) , and the period after. During the transitional period, a strap may comply with either the new Division 2 requirements or the old 2010 Regulations as continued in effect by Division 3 (s 6). After the transitional period, only Division 2 applies (s 7). The transitional period is designed to allow suppliers to sell existing stock that was compliant under the old regime. However, the instrument also repeals the 2010 Regulations at Schedule 1, effective from the date of commencement. This is not contradictory: the old regulations are repealed as a standalone instrument, but their content is preserved for compliance purposes during the transitional period by s 12(1), which says that if a strap does not comply with Division 2, it and its instructions and packaging must comply with the old 2010 Regulations as “in force or existing immediately before the commencement” of this instrument. The old regulations are not republished; the supplier must locate them on the Federal Register of Legislation.

The primary duty holders are the commercial suppliers of motor vehicle recovery straps: Australian manufacturers, importers, distributors and other suppliers whose names or logos must appear on the product (s 8(b)(i)). The instrument does not separately impose duties on retailers, but any person who supplies a consumer good that fails to comply with a safety standard contravenes the ACL prohibition in s 106, so retailers who sell non compliant straps are also at risk. Because the definition of “supplier” in the ACL is broad, it could capture a four wheel drive club that sells straps to members, or a fitting service that includes a strap in a vehicle package. The instrument also indirectly affects consumers: the mandatory instructions (s 9) require that users be told to consider completing a nationally recognised four wheel drive training course, or contact a four wheel drive club for advice. That imposes a message that may influence consumer behaviour. However, the instrument does not impose a duty on the user; the obligations are on the supplier to have the correct documentation and markings on the strap. The definition of motor vehicle recovery strap is limited to straps “commonly called a snatch strap” used for bogged vehicle recovery. That means manufacturers of tow ropes, winch lines, recovery slings, axle straps or tree trunk protectors are not directly affected, unless their product is marketed or described as a snatch strap. A snap strap with a different intended use, such as a ratchet strap used to secure cargo, is not a recovery strap for the purposes of this instrument. The instrument also affects the packaging industry: packaging must display the strap’s brand name or supplier logo, the supplier’s name and contact details, the minimum breaking strength in metric units, and the GVM recommendation (s 10). For suppliers who operate across multiple jurisdictions, the instrument applies as a law of the Commonwealth, States and Territories through the ACL’s cooperative scheme (see s 3 note). Compliance is uniform nationwide. Small volume manufacturers and importers face a proportionately higher compliance burden because the cost of redesigning labels, packaging and instruction sheets is largely fixed, regardless of volume. The warning itself (s 11) specifies precise typographic and colour requirements: letters in “WARNING” and “INCORRECT USE MAY RESULT IN INJURY OR DEATH” must be at least 5 mm high and in bold upper case; the exclamation mark after “DEATH” must be at least 5 mm high and bold; words like “OCCUPANTS”, “BYSTANDERS”, “KILLED”, “NEVER”, “ONLY”, “APPROVED”, and “BEFORE” must be in bold upper case; the triangle warning icon must have sides at least 20 mm with black line at least 1 mm wide; the exclamation mark in the triangle must be black on yellow; and the circle with diagonal line around a tow ball must have a minimum 20 mm diameter outer edge, red lines at least 1 mm wide, and a black tow ball. These specifications increase production costs for small suppliers who cannot amortise tooling changes over large runs. The instrument does not exempt low volume or custom manufacturers.

The central duty on a supplier is to ensure that every motor vehicle recovery strap supplied, together with its instructions and packaging, meets the applicable requirements of either Division 2 or, during the transitional period, the old 2010 Regulations (s 6, s 7). The key specific duties are: permanently fix to the strap the warning and information listed in s 8, including the name or logo of the Australian manufacturer, importer, distributor or other supplier, the batch code or serial number, the minimum breaking strength in metric units, the GVM recommendation, and advice that the strap must be suited to the lighter vehicle’s GVM. The warning itself must be in the precise form set out in s 11, with the typographic and colour specifications described. Instructions must accompany the strap (s 9(1)), and must contain at least the nine mandatory statements listed in s 9(2)(a) through (i). Those statements include: recommending a four wheel drive training course; stating the strap must not be used for lifting or conventional towing; stating that users must check the strap is not damaged; stating that strength and stretch are reduced when saturated with water; stating that an object such as a recovery damper, heavy bag or blanket must be draped over the strap during use; stating that before recovery, passengers must exit and stand far away from the vehicles and avoid the path of the recovery vehicle; including the GVM recommendation; including the advice about lighter vehicle GVM; and including the warning from s 11. Packaging must display the brand name or logo, the name and contact details of the Australian supplier, the minimum breaking strength, and the GVM recommendation (s 10). There is no duty to register the strap with any regulator, nor any duty to test the strap to confirm the stated breaking strength. The instrument does not prescribe how the minimum breaking strength is to be determined; the supplier is free to engineer the strap and state its breaking strength, but if that stated strength is incorrect, the supplier may face liability under ACL provisions for false or misleading representations. The supplier also has the right, during the transitional period, to rely on compliance with the old 2010 Regulations instead of the new Division 2 requirements (s 6(1)). This right expires at the end of the transitional period, and after that only Division 2 compliance is permitted (s 7). There is no duty to retain records of compliance, but a supplier who wishes to defend against an enforcement action would need evidence of compliance. The instrument does not create any rights for consumers directly. However, because the instrument is a safety standard under the ACL, consumers who suffer injury from a non compliant strap may have additional rights to sue for damages under the ACL’s safety defect provisions (Pt 3 5) or for breach of a safety standard as a form of failure to guarantee acceptable quality.

The instrument itself does not prescribe any penalty. It is made under s 104(1) of the Australian Consumer Law, which is Schedule 2 of the Competition and Consumer Act 2010. The enforcement consequences arise from the ACL directly. Under ACL s 106, a person who supplies a consumer good that does not comply with a safety standard commits an offence. For a corporation, the maximum penalty is $10 million (for a body corporate, the greater of $10 million, three times the value of the benefit obtained, or 10% of annual turnover during the turnover period , see ACL s 224). For an individual, the maximum penalty is $500,000. The ACL also provides for civil pecuniary penalties of the same amounts for contravention of a safety standard (s 224). The Australian Competition and Consumer Commission (ACCC) and state and territory Fair Trading agencies are the enforcement bodies. They can issue infringement notices (on the spot fines) for alleged contraventions, seek injunctions to stop supply of non compliant goods, and issue recalls. The instrument does not set a penalty notification period or defence of due diligence; those defences are governed by the general ACL provisions. Importantly, the supplier bears the burden of proving compliance if an enforcement action is taken. Because the instrument prescribes specific typographic and colour requirements (s 11), any deviation , even by a millimetre in letter height or a shade of yellow , could render the strap non compliant. The risk of strict liability is high: there is no requirement that the regulator prove the supplier knew of the non compliance. The transitional period (24 months) provides some leniency, but only if the supplier complies with the old 2010 Regulations. If a supplier fails to comply with Division 2 or the old 2010 Regulations during the transitional period, they will still be in breach of the ACL safety standard because the instrument requires compliance with one or the other (s 6(1) says the strap “must meet” the requirements of Division 2 or 3). There is no third option. The instrument also does not contain a saving provision for stock that was manufactured before the commencement date. Any strap that was non compliant under the 2010 Regulations and remains unsold after commencement is still subject to the new requirements immediately (or during transition, the old requirements). The enforcement agencies may also impose costs of recall and corrective advertising.

The instrument is made under the Australian Consumer Law (ACL) and, as per s 3, is a safety standard within the meaning of the ACL. Therefore the ACL’s existing framework for safety standards applies: the instrument is subject to the provisions in Part 4 3 (Prohibitions) and Part 3 3 (Safety standards) of the ACL. Under ACL s 105, the Minister may declare that a safety standard is in force for particular consumer goods. The instrument does not conflict with any other Commonwealth safety standards, but it does interact with Australian Design Rules (ADRs) for motor vehicles and the Vehicle Standard (Australian Design Rule 42/04) for general safety requirements, though ADRs typically address vehicle design rather than aftermarket accessories. The instrument applies specifically to a strap supplied as a consumer good, not to the vehicle itself. If a strap is supplied as part of a vehicle’s optional equipment by a manufacturer, the manufacturer may need to ensure the strap complies with this standard. There is no explicit exemption for straps supplied in a vehicle’s tool kit. The instrument also interacts with work health and safety laws in each state and territory. A strap used in a workplace, such as by a tow truck operator or a mine site vehicle recovery team, is also a “plant” or an “item of plant” under WHS Regulations (for example, model WHS Regulation 2011 Part 5.1). Those regulations require that plant be designed and manufactured to be safe, and may require risk assessments for the use of snatch straps. Compliance with this safety standard would likely be accepted by WHS regulators as meeting the design safety requirements, but WHS duties are not displaced. The instrument may also interact with the Commonwealth’s “Consumer Goods (Motor Vehicle Recovery Straps) Information Standard” if one exists; however, as of the date of the instrument, there is no separate information standard for recovery straps. The instrument does not purport to override state product safety bans (e.g. some states have banned certain types of aftermarket accessories). It also does not directly interact with Australian customs law, but straps imported from overseas must comply with the standard at the time of importation. The Australian Border Force may detain non compliant goods and refer them to the ACCC. The instrument does not harmonise with international standards; there is no reference to ISO 10425 or other snatch strap standards. Overseas manufacturers exporting to Australia must design their straps to meet the Australian specific requirements, including the unique warning format and the requirement for an Australian supplier’s name on the product (s 8(b)(i)). That provision effectively mandates that the strap cannot be sold in Australia without a local supplier contact.

The instrument, as gazetted, is the original version made by the Minister for Small Business on 30 November 2017. It has no amending instruments mentioned in the text. The instrument replaced the Trade Practices (Consumer Product Safety Standard) (Motor Vehicle Recovery Straps) Regulations 2010, which were repealed by this instrument (Schedule 1). The 2010 Regulations had themselves been continued in force under the transitional provisions of the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010, as noted in the instrument’s own note to Schedule 1. The instrument was registered on the Federal Register of Legislation. It commenced the day after that registration (s 2). No amendments have been made to this instrument in the public record up to the time of this deep dive. The instrument does not include any history of its development, such as a regulation impact statement or explanatory statement. The 24 month transitional period was a de facto amendment to the compliance landscape, allowing stock in the pipeline to be sold under the old rules. After that period expired, the instrument ended any possibility of dual compliance. The instrument does not contain a sunset clause or a review date. It will continue in force until it is revoked or replaced by a new safety standard. The enforcement agencies may periodically review the standard to align with industry best practice or international developments, but that is not reflected in the instrument itself.

The instrument itself does not reference any court cases or litigation. There are no known reported Australian cases that have interpreted or applied this specific instrument. However, the predecessor 2010 Regulations may have been the subject of proceedings (e.g., prosecutions by the ACCC), but such cases are not cited in the instrument and cannot be verified from the source document. The instrument does not purport to create a private right of action separate from the ACL, so any litigation would be under the ACL provisions. The standardised nature of the instrument (with clear typographic requirements) gives rise to potential litigation over what constitutes “clearly visible and legible when the strap is being used” (s 8). This phrase leaves room for interpretation: a court might consider the strap’s orientation, lighting conditions, and whether the warning can be read without difficulty. Cases may arise where a strap is used in a recovery and the warning is obscured by mud, folding of the strap, or the strap’s design. Another potential area of litigation is the meaning of “motor vehicle recovery strap” itself. A supplier might argue that a particular product is a tow rope rather than a snatch strap, and therefore not caught by the instrument. This definitional boundary could be tested if a person is injured and claims the product should have complied. The instrument’s prohibition against attaching to tow balls (in the warning) is not a mandatory design prohibition; it is only a warning that must appear. However, a person who attaches a strap to a tow ball and is injured might argue that the supplier failed to provide adequate warnings beyond the statutory minimum. The instrument’s warning could be seen as a floor, not a ceiling, for liability. To date, no reported case law specifically analyses this instrument.

A number of features of the instrument can trip up suppliers who are not careful. First, the transitional period is not a grace period for non compliance. During the 24 months, a strap must comply with either Division 2 or the old 2010 Regulations. There is no option to supply a strap that meets neither. Second, the old 2010 Regulations are repealed by Schedule 1. They are not republished or attached; the supplier must locate and interpret them separately. The instrument says the old Regulations can be viewed on the Federal Register of Legislation, but relying on an outdated link or a non authoritative version could lead to accidental non compliance. Third, the warning itself requires specific typographic and colour specifications that are cumbersome for small run production. The exclamation mark after “DEATH” must be at least 5 mm high and bold (s 11(2)(b)). The triangle must have sides at least 20 mm with a black line at least 1 mm wide; the exclamation mark in the triangle must be black on a yellow background; the circle with diagonal line around the tow ball must have a red outer edge at least 1 mm wide and a black tow ball. Fourth, the requirement that the warning be permanently fixed and clearly visible and legible “when the strap is being used” (s 8) creates ambiguity. A strap stored folded or coiled may obscure part of the warning; that could be argued as non compliance. Suppliers should consider placing the warning in a location that remains visible even when the strap is in use, such as on a wide section that is not covered by the user’s hand. Fifth, the name or logo of the Australian manufacturer, importer, distributor or other supplier must appear on the strap (s 8(b)(i)). If a product is supplied by a retailer under its own brand, but the retailer is not the importer or manufacturer, the instrument requires that the supplier’s name or logo be on the strap. That means the retailer must have a label on the strap or the strap must be permanently marked. Sixth, the recommendation about minimum breaking strength being 2 to 3 times GVM must appear on both the strap and the packaging (s 8(b)(iv) and s 10(d)). The advice that the strap must be suited to the lighter vehicle’s GVM must also appear on the strap (s 8(b)(v)) but not on the packaging. Packaging only needs the recommendation, not the lighter vehicle advice. Suppliers may mistakenly omit it from the packaging fine. Seventh, instructions must include a statement that “the strap must not be used for lifting or conventional towing” (s 9(2)(b)). This is easy to misphrase. Eighth, the instrument does not require the strap to have any particular breaking strength; it only requires that the strap’s breaking strength be stated. A strap with a very low breaking strength can be legally supplied as long as it is correctly labelled. However, if a consumer uses it on a heavy vehicle and the strap breaks, the consumer may have a claim for misleading conduct if the strap is labelled with a breaking strength that is unsuitable for typical use, even if the label includes the GVM recommendation. Ninth, the instrument does not require testing, so suppliers could state a breaking strength based on design calculations, but if that figure is wrong, they face penalties for false representations. Tenth, the instrument does not ban the use of tow balls absolutely; it requires a warning to not attach to tow balls. But a strap that is designed to attach to a tow ball (if such a product exists) would still be legal if it includes the warning, which would create contradictory practical guidance.

A supplier can follow these steps to ensure compliance with the instrument after the transitional period (i.e., after the 24 months). Step one: identify whether the product is a motor vehicle recovery strap as defined , a strap commonly called a snatch strap for towing a bogged vehicle. If the product is a tow rope, winch extension, lifting sling, or tie down strap, it may not be covered. If in doubt, assume coverage. Step two: permanently fix the warning from s 11 to the strap. The warning must be in the exact wording and format as set out, including the specific typography: the words “WARNING” and “INCORRECT USE MAY RESULT IN INJURY OR DEATH” in bold upper case at least 5 mm high; the word “DEATH” followed by an exclamation mark also 5 mm high and bold; other words in bold upper case as specified; the triangle icon with sides at least 20 mm and black line at least 1 mm wide; yellow background with black exclamation mark; the red circle with diagonal line around a black tow ball, with outer diameter at least 20 mm and red lines at least 1 mm wide. The warning must be clearly visible and legible when the strap is being used. Consider placement on a flat section of the strap that will not be covered by a recovery damper or vehicle parts. Step three: permanently affix the additional information: name or logo of the Australian supplier; batch code or serial number; minimum breaking strength in metric units; a recommendation that breaking strength should be 2 to 3 times GVM; and advice that the strap must be suited to the lighter vehicle’s GVM. That information must also be clearly visible. Step four: prepare instructions that accompany the strap. The instructions must contain at least the nine mandatory statements listed in s 9(2)(a) to (i). They must include the full warning from s 11. The instructions may also include additional information, but must not contradict the mandatory statements. The supplier should consider providing the instructions in printed form in the product packaging, and also make them available online. Step five: label the packaging with the strap’s brand name or supplier logo, the name and contact details of the Australian supplier, the minimum breaking strength in metric units, and the recommendation about 2 to 3 times GVM. The packaging label may be a sticker affixed to the packaging. Step six: verify GVM data sources. The supplier should decide which GVM sources to use (compliance plate, registration certificate, build plate, handbook, or manufacturer documentation). Step seven: if the supplier imports or manufactures straps, ensure that the stated minimum breaking strength is accurate. Consider testing a sample of each batch to confirm the stated strength, so as to avoid liability for false representations. Step eight: maintain records of compliance, including photographs of the warning and markings, copies of instructions, and packaging designs, as well as test results where available. These records will be important in the event of an ACCC investigation. Step nine: for stock manufactured before the end of the transitional period, ensure that before supply the strap meets either Division 2 or the old 2010 Regulations. After the transitional period ends, all straps supplied must meet Division 2. There is no grandfathering. Step ten: review the instrument for any future amendments. The ACCC may issue guidance or enforcement priorities. Engaging a compliance consultant or a certification body that specialises in ACCO, quality and standards can help mitigate the risk of overlooking a typographic detail. Finally, if supplying the strap to the Australian market from overseas, appoint an Australian manufacturer, importer, distributor or other supplier whose name will appear on the strap. This local contact is mandatory and cannot be omitted (s 8(b)(i)). Ensure that this entity is willing to accept product safety responsibility.