Motor Vehicle Standards (Approval to Place Used Import Plates) Guidelines 2006 (No. 1)

2 Commencement

2.1 This Determination commences on the day after registration on the Federal Register of Legislative Instruments.

3 Revocation of the Motor Vehicle Standards (Approval to Place Used Import Plates) Determination 2004 (No. 2)

3.1 The Motor Vehicle Standards (Approval to Place Used Import Plates) Determination 2004 (No.2) is revoked.

Note: The Motor Vehicle Standards (Approval to Place Used Import Plates) Determination 2004 (No.2) was made by the Minister for Local Government, Territories and Roads on 14 July 2004 and notified in the Gazette on 28 July 2004.

4 Definitions

(1) In these guidelines :

Act means the Motor Vehicle Standards Act 1989.

ADR means a Vehicle Standard determined under section 7 of the Act, also known as an Australian Design Rule.

Each Vehicle means every vehicle for which an application to place a used import plate is made.

Each Vehicle Evidence means the evidence held by the Registered Automotive Workshop for each vehicle which demonstrates that the vehicle complies with the each vehicle requirements as set out in Part 7 of Schedule 1 of these guidelines.

Sample Vehicle

means

the first vehicle of a particular make and model for which an application

to place a used import plate under section 13C of the Act is made by a registered automotive workshop.

Sample Vehicle Evidence means evidence held by the Registered Automotive Workshop which demonstrates that each vehicle complies with the sample vehicle requirements as set out in Part 7 of Schedule 1 of these guidelines.

Summary of Evidence Form (SE) means the electronic form used to collect evidence of compliance for each ADR.

Note: SE forms may be obtained from the Road Vehicle Certification System (RVCS) website at: http://rvcs\-prodweb.dot.gov.au/formdownload.html.

Vehicle Standards Bulletin (VSB) No. 4 – Steering Conversions for Left Hand Drive Vehicles means the bulletin of that name issued by the Administrator of Vehicle Standards, as in force on 1 April 2002.

Note: Vehicle Standards Bulletin No. 4 maybe obtained from the Department of Transport and Regional Service Website at http://www.dotars.gov.au/transreg/vsb/index.aspx

Workshop means a registered automotive workshop.

(2) Unless the contrary intention appears, a word or expression that is used in this Determination and in the Motor Vehicle Standards Act 1989 and/or in the Motor Vehicle Standards Regulations 1989 has the same meaning in this Determination as it has in the Act and those Regulations.

Note 1 The following terms are defined in the Act:

Note:  Administrator

Note:  registered automotive workshop

Note:  used import plate

Note:  used imported vehicle

Note 2 The following terms are defined in the Motor Vehicle Standards Regulations 1989:

Note:  Administrator’s Circular 0-4-12

Note:  Australian Design Rules

Note:  Register of Specialist and Enthusiast Vehicles

Note:  restricted volume two-wheeled or three-wheeled vehicle

Note:  RVCS

Note: schedule of approved vehicles

Note:  three-wheeled vehicle

Note:  two-wheeled vehicle

Note:  unrestricted volume two-wheeled or three-wheeled vehicle

Note:  vehicle inspection certificate.

5 Guidelines for Minister — applications for approval to place used import plate

For subsection 13D (3) of the Act, the guidelines set out in Schedule 1 apply to the making of a decision by the Minister, under subsection 13D (1) of the Act, in respect of an application for approval to place a used import plate on a used imported vehicle.

Schedule 1 Guidelines

(section 5)

Part 1 General

1 Left hand drive vehicles

(1) Vehicles originally built in left-hand-drive configuration must be converted to right-hand-drive configuration.

(2) The conversion must be performed in accordance with Vehicle Standards Bulletin No. 4, Steering Conversions for Left Hand Drive Vehicles.

(3) The workshop must provide to the Minister, on request, evidence of compliance with the requirements of Vehicle Standards Bulletin No. 4, Steering Conversions for Left Hand Drive Vehicles.

2 Compliance with roadworthiness requirements

Vehicles must comply with all State and Territory roadworthiness requirements (other than the requirement that the used import plate be fitted).

3 Motorhomes and Campervans

(1) A motorhome or campervan built from a used imported vehicle must comply with Administrator’s Circular 0-4-12, Certification of Campervans and Motorhomes.

(2) The workshop must provide to the Minister, on request, evidence of compliance with the requirements of Administrator’s Circular 0-4-12.

Note: Administrator’s Circular 0-4-12 can be obtained from the RVCS website at:
http://rvcs-prodweb.dot.gov.au/circulars/circulars.html

4 Damaged Vehicles

(1) A used imported vehicle must not have had its structural integrity reduced by crash damage or corrosion.

(2) The workshop must provide to the Minister, on request, evidence of an inspection performed in accordance with section 6 of the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 to assess the vehicle for structural damage or corrosion.

Part 2 Compliance with ADR specifications

5 Unrestricted volume two-wheeled and three-wheeled vehicles

(1) To meet these guidelines used imported two-wheeled and three-wheeled vehicles to be supplied to the market in unrestricted numbers must comply with all ADR requirements in force for new vehicles of that type at the date on which the vehicles are fitted with a used import plate.

(2) The workshop must provide to the Minister, on request, the same evidence of compliance with the ADR specifications that would apply to the approval of full volume new two-wheeled and three-wheeled vehicles and evidence of compliance with the each vehicle requirements set out in Part 7 of these guidelines.

Note 1 Alternative standards that are not specified in the relevant ADR specifications are not acceptable for the purpose of demonstrating ADR compliance for the supply of used imported two-wheeled and three-wheeled vehicles in unrestricted volume.

Note 2 Unrestricted volume two-wheeled and three-wheeled vehicles are not required to be listed on the Register of Specialist and Enthusiast Vehicles.

6 Restricted volume two-wheeled and three-wheeled vehicles

(1) Used imported two-wheeled and three-wheeled vehicles that are supplied to the market in restricted volume must:

(b) meet the requirements set out in Part 7 of these Guidelines, for the ADRs in force either when the vehicle was manufactured or later.

(2) The workshop must provide to the Minister, on request, evidence of compliance with the requirements set out in Part 7 of these Guidelines.

7 Certain trucks and buses

(1) A used imported truck with a Gross Vehicle Mass exceeding 12.0 tonnes (NC category vehicles) and a used imported bus with more than 12 seating positions, as originally supplied to the market, must:

(b) meet the evidence, testing and inspection requirements set out in Part 7 of these Guidelines for the ADRs in force for new vehicles at the date the vehicle is fitted with a used import plate.

(c) The workshop must provide to the Minister, on request, evidence of compliance with the requirements set out in Part 7 of these Guidelines.

8 Other vehicles

(1) All other used imported vehicles not referred to in clause 3, 4 or 5 above must:

(b) meet the requirements set out in Part 7 of these Guidelines, for the ADRs in force either when the vehicle was manufactured or later.

(2) The workshop must provide to the Minister, on request, evidence of compliance with the requirements set out in Part 7 of these Guidelines.

Part 3 Evidence of compliance with these guidelines

9 General

(1) (a) At the time of submission of a Vehicle Inspection Certificate to the Minister in support of an application to place a used import plate for a used imported vehicle, a Registered Automotive Workshop must retain the evidence referred to in each Vehicle Inspection Certificate submitted to the Minister.

(b) Where evidence listed on the Vehicle Inspection Certificate refers to additional supporting information such as test reports, Summary of Evidence (SE) forms and applicable Summary of Fleet (SF) forms, these must be traceable to the vehicle inspection certificate by unique document references. This supporting evidence must also be retained by the RAW.

(2) Left Hand Drive Vehicles

In addition to the evidence referred to on the Vehicle Inspection Certificate, where a used imported vehicle has been converted from left to right hand drive, the RAW must retain evidence to show that the conversion modifications conducted on the vehicle were done in accordance with the requirements of Vehicle Standards Bulletin No. 4

(3) Roadworthiness Requirements

For each vehicle that the RAW submits a Vehicle Inspection Certificate to the Minister in support of an application to place a used import plate, the RAW must retain evidence that the vehicle is roadworthy. This may be in the form of a roadworthiness inspection report from an authorised roadworthiness inspector in the state or territory where the RAW is located.

(4) Motorhomes and Campervans

Where a RAW submits a Vehicle Inspection Certificate in respect of a used imported vehicle that is a campervan or motorhome, the RAW must retain evidence to show that the vehicle complies with the requirements of Administrator’s Circular 0-4-12, Certification of Campervans and Motorhomes.

(5) Incoming Vehicle Inspection Report

Where a RAW submits a Vehicle Inspection Certificate in respect of a used imported vehicle, the RAW must retain a report in accordance with the requirements of section 6 of the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002 to show that the vehicle has not had its structural integrity reduced by crash damage or corrosion. This report must be given a unique document reference of no more than 12 characters and recorded on the Vehicle Inspection Certificate.

10 Sample Vehicle Evidence

(1) Inclusion of document references on the Vehicle Inspection Certificate.

(a) Original Manufacture

(i) Where a component or feature fitted to a vehicle by the original manufacturer that is either a mandatory or optional component or feature required by an applicable ADR, the RAW must retain a separate document which contains evidence that that component or feature complies with the requirements specified for the ADR in Part 7 of these guidelines. That document must be referenced on the Vehicle Inspection Certificate.

(ii) The evidence referred to in subpart (i) above must also describe the component or feature and its key attachment or operational features that relate to the ADR requirements, to demonstrate that it is functioning as originally intended by the manufacturer.

(b) Modifications to Original Manufacture

(i) Where a vehicle is converted from left to right hand drive in accordance with VSB 4 and any other components not mentioned in VSB 4 are ‘handed’ in operation (such as rear vision mirrors) are mirror imaged so that they work as if the vehicle was originally manufactured in Right Hand Drive, then the vehicle will be deemed to be in its originally manufactured condition. The Consumer Information Notice as required in Motor Vehicle Standards regulation 58 must show that a Left to Right Hand Drive Conversion has been done in accordance with VSB 4.

(ii) Optional components that cannot be shown to comply must be either removed from the vehicle or have the function of the component removed such that it is not possible that they can be operated. The Consumer Information Notice required by regulation 58 must also show the modifications performed to either remove the component or to render it inoperable.

(iii) Non Complying Mandatory components must be replaced with components that comply. The RAW must retain evidence demonstrating the compliance of the new component, including any installation instructions needed to ensure that the component is fitted in such a way that it complies with the specifications of Part 7 of these guidelines. The consumer information required by regulation 58 must show that the original component has been removed or rendered inoperable and that the new component has been fitted.

(iv) Additional components or features fitted to ensure compliance. Where the specification of Part 7 of these guidelines require the vehicle to be fitted with additional components or modifications to the vehicle structure to ensure compliance, the RAW must retain evidence to demonstrate that the new components or modifications comply with the specifications in Part 7 of these guidelines. The evidence must also include comprehensive instructions to ensure that the components are fitted in such a way, or the modifications are done in such a way that the vehicle complies with the requirements. Details of these modifications must be included in the Consumer Information Notice required by regulation 58.

11 Completed Vehicle Report (CVR)

(1) In accordance with section 7 of the Motor Vehicle Standards (Procedures for Inspecting and Testing Used Imported Vehicles) Determination 2002, a RAW must complete a final inspection on every vehicle to ensure that the vehicle complies with all of the relevant requirements in these guidelines. The checklist used for that inspection is the Completed Vehicle Report.

(2) ‘Each Vehicle’ Requirements

The CVR must include checks to confirm that the vehicle complies with all of the relevant requirements listed under ‘Each Vehicle’ in Part 7 of these guidelines.

(3) Modifications

(i) The CVR must also include checks to confirm that all modification work required by the Sample Evidence is performed in accordance with the evidence.

(ii) The CVR must include a check to confirm that a Consumer Information Notice has been placed on the vehicle and that the Consumer information notice complies with the requirements of Regulation 58 Schedule 1 of the Motor Vehicle Standards Regulations 1989 and that all modifications carried out on the vehicle are listed on the notice.

(4) Compliance with Evidence

The CVR must include checks for each piece of sample evidence to confirm that the vehicle matches the sample evidence.

(5) The CVR must be given a unique document reference of no more than 12 characters. This reference must be included on the Vehicle Inspection Certificate.

Part 4 Requirements to address vehicle deterioration

12 Requirements

(1) A range of requirements apply to address the deterioration of used imported vehicles.

(2) The requirements for each vehicle (under the various acceptable methods of demonstrating compliance for each ADR specification) are set out in Part 7 of this Schedule.

(3) All components on a vehicle that affect compliance with the requirements set out in Part 7 must be undamaged and function the same as equivalent components identified in the sample vehicle evidence.

Note 4: Not all ADRs deal with deterioration.

Part 5 Compliance with Guidelines

13 Evidence of compliance

(1) Compliance with these Guidelines may be demonstrated by different methods depending on the ADR concerned.

(2) Part 6 of these guidelines provides an explanation of the terms and symbols relating to the evidence for demonstrating compliance with these Guidelines.

(3) Part 7 of these guidelines identifies, for each ADR, the acceptable methods for demonstrating compliance with these Guidelines for a sample vehicle and the additional specific requirements for both the sample and each vehicle.

Part 6 Explanation of terms and symbols

References to Clauses in Part 7 are references to Clauses in ADRs.

14. Documents providing evidence of first use in transport

Examples of documents that would be acceptable for confirming the date of first use in transport outside Australia are:

(a) for vehicles imported from Japan – vehicle identification number (VIN) decodes and vehicle de-registration certificates, or Completion Inspection Certificates from Japan; or

(b) for vehicles imported from the United States of America – Federal Motor Vehicle Safety Standards (FMVSS) certification label and original documentation that confirms export of the vehicle from the USA and verifies the model year, the date on which the vehicle was built, and country of first use; or

(c) for vehicles imported from Canada – Canadian Motor Vehicle Safety Standards (CMVSS) certification label and original documentation that confirms export of the vehicle from Canada and verifies the model year, the date on which the vehicle was built, and country of first use; or

(d) for vehicles imported from any country – a document issued by the vehicle registering authority in that country, identifying the vehicle and the date of first use in transport outside Australia.