Div 1Compliance with ADRs

Division 1—Compliance with ADRs 21 Second edition ADRs (1) Subject to Division 2, if a second edition ADR recommends that the ADR should apply to the design and construction of a vehicle, the vehicle must comply with the ADR. (2) If a second edition ADR sets out a requirement for a type of equipment fitted to a vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with— (a) if the requirement is not amended after the vehicle is built, the requirement as in force when the vehicle was built; or (b) if the requirement is amended after the vehicle is built and before the equipment is fitted, the requirement as in force— (i) when the vehicle was built; or (ii) when the equipment was fitted; or (iii) at any time between when the vehicle was built and the equipment was fitted. (3) A vehicle, or equipment fitted to a vehicle, is not required to comply with a recommendation or requirement of a second edition ADR if— (a) the recommendation or requirement is replaced by, or is inconsistent with, a requirement of either of the following (each a ***newer ADR***)— (i) a later version of the second edition ADR applying to the vehicle or equipment; (ii) the third edition ADR applying to the vehicle or equipment; and (b) the vehicle or equipment complies with the requirement of the newer ADR. (4) If a second edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before that time may also be fitted with that equipment.