Part 2Interpretation and application of the Vehicle Standards

Part 2—Interpretation and application of the Vehicle Standards **3 * * * * *** If a clause number is omitted in this Schedule, it is because there is no equivalent of the corresponding provision in the Australian Light Vehicle Standards Rules 2015. 4 Meaning of *vehicle* (1) For the purposes of the Vehicle Standards, a reference to a vehicle is taken to be a reference to a light vehicle. (2) A reference in the Vehicle Standards to a vehicle includes a reference to the equipment fitted to, or forming part of, the vehicle. A vehicle is defined in section 3(1) of the Act. 5 When restored vehicle is built ***restored vehicle*** means a vehicle that is being, or has been, restored to the vehicle's manufacturer's specifications, so far as it is practicable to meet the specifications. (2) For the Vehicle Standards, a restored vehicle is taken to have been built when the vehicle was originally built and not when the vehicle was restored. **6 * * * * *** **7 * * * * *** **8 * * * * *** 9 Diagrams (1) A diagram in the Vehicle Standards is part of the Vehicle Standards. (2) A diagram of something is an illustrative example of the thing, but does not represent its dimensions or the dimensions of any part of it. 10 Notes A note in the Vehicle Standards is explanatory and is not part of the Vehicle Standards. 11 Examples (1) If the Vehicle Standards include an example of the operation of a provision, that example and the provision to which it relates are to be read in the context of— (a) each other; and (b) the other provisions of the Vehicle Standards. (2) If the example referred to in subclause (1) is inconsistent with the provision to which it relates, the provision prevails. See section 36A of the **Interpretation of Legislation Act 1984** in relation to examples. 12 Application to vehicles on roads and road related areas The Vehicle Standards apply to motor vehicles, trailers and combinations on roads and road related areas. **13 * * * * *** 14 Non-application of Vehicle Standards—exemptions under other laws (1) A provision of the Vehicle Standards does not apply to a vehicle if the vehicle is exempt from— (a) the provision under another law of this jurisdiction; or (b) the corresponding provision of the law of another Australian jurisdiction. (2) The vehicle is exempt only if all conditions of the exemption (if any) are being complied with. An exemption permitting a greater dimension limit for a vehicle is subject to conditions about the route where, and times when, the vehicle is permitted to travel, and the escort vehicles required to accompany the vehicle. A relevant provision of the Vehicle Standards does not apply to the vehicle only if the conditions are complied with. 15 Application of Vehicle Standards to vehicle or coupling complying with inconsistent ADR requirement (1) A provision of Parts 4 to 10 of this Schedule does not apply to a vehicle if— (a) the vehicle complies with— (i) a requirement of an ADR that applies to the vehicle; or (ii) a requirement of an ADR that applies to vehicles of the same class or type, but that have been manufactured at a later date than the vehicle; and (b) the ADR requirement that the vehicle complies with corresponds to a provision in Parts 4 to 10 of this Schedule. As the second edition ADR and third edition ADR do not apply to a vehicle built in 1968, the vehicle must comply with clause 123 (What braking system a motor vehicle must have) of this Schedule. If the owner of that type of vehicle modified the brakes so that the vehicle complies with the second edition ADR, any requirement in clause 123 about vehicle brakes that is inconsistent with the second edition ADR no longer applies to the vehicle. (2) A provision of Part 11 of the Vehicle Standards does not apply to a coupling if— (a) the coupling complies with— (i) a requirement of an ADR that applies to the coupling; or (ii) a requirement of an ADR that applies to couplings of the same class or type, but that have been manufactured at a later date than the coupling; and (b) the ADR requirement that the coupling complies with, corresponds to a requirement in Part 11 of the Vehicle Standards. (3) Despite subclause (1), a requirement of the following provisions of the Vehicle Standards applies to a vehicle instead of the corresponding ADR requirement— (a) clause 26 (Steering); (b) clause 44(6) and (7) (Window tinting); (c) clause 50 (Tyres—manufacturer's rating); (d) clause 111 (Fitting of warning lights and signs); (e) clause 114(5) (Other lights and reflectors). 16 Application to vehicle subject of particular approval A provision of Parts 4 to 10 to of this Schedule does not apply to a vehicle if— (a) the provision corresponds to a requirement of the ADRs that applies to the vehicle; and (b) the vehicle does not comply with that ADR requirement; and (c) despite the non-compliance— (i) an approval was given under section 10A(2) or (3) of the Motor Vehicle Standards Act (as in force before its repeal) to place identification plates on vehicles of that type and the approval is continued in force under item 4(1) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth; or (ii) an approval is given under item 4(2) or 6(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth; or (iii) the vehicle satisfied the requirements of an entry pathway set out in section 15(2) of the Road Vehicle Standards Act and the vehicle is entered on the RAV; and (d) the vehicle complies with the approval conditions (if any). **Notes** 1 Section 10A(2) of the Motor Vehicle Standards Act, before its repeal, provided for the approval of vehicles that do not comply with an ADR if the Minister administering that Act was satisfied that the non‑compliance was only minor and inconsequential. 2 Section 10A(3) of the Motor Vehicle Standards Act, before its repeal, provided for the approval of vehicles that do not comply with an ADR (and the non-compliance was not minor and inconsequential), if the Minister administering that Act was satisfied that vehicles of that type comply with the ADRs to an extent that makes them suitable for supply to the market. 3 Section 10A(4) of the Motor Vehicle Standards Act, before its repeal, provided for approvals under section 10A(2) and (3) to be subject to written conditions determined by the Minister administering that Act. 4 Items 4(1) and 6(1) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth provide for approvals given under section 10A(1), (2) or (3) to continue in force despite the repeal of the Motor Vehicle Standards Act. 5 Items 4(2) and 6(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth provide for the process by which the Minister may give a written approval if a person had applied, before the commencement of Schedule 3 to that Act, for an approval under section 10A(1), (2) or (3) of the Motor Vehicle Standards Act (as the case requires) and the Minister had not yet determined the application. 6 Section 15(2) of the Road Vehicle Standards Act describes the entry pathway. 17 Interpretation of certain second edition ADRs For the purposes of the Vehicle Standards, the words "left" and "right" in the following second edition ADRs have the opposite meaning in the application of the ADRs, in accordance with the Vehicle Standards, to a motor vehicle with a left‑hand drive— (a) ADR 8 Safety Glass; (b) ADR 12 Glare Reduction in Field of View; (c) ADR 14 Rear Vision Mirrors; (d) ADR 16 Windscreen Wipers and Washers; (e) ADR 18 and ADR 18A Location and Visibility of Instruments; (f) ADR 35 and ADR 35A Commercial Vehicle Braking Systems. 18 References to adopted standards Unless the contrary intention appears, a reference in a clause or subclause to an adopted standard is a reference to the adopted standard as in force when the clause or subclause commenced. 19 Compliance with particular adopted standards A vehicle is not required to comply with an adopted standard if— (a) the standard is replaced by, or is inconsistent with, a later version of the standard; and (b) the vehicle complies with the later version of the standard. 20 Compliance with requirement to have particular equipment A vehicle is only taken to have equipment required by the Vehicle Standards if the equipment is— (a) in working order; and (b) connected to the vehicle if the equipment is required to be connected to the vehicle in order to perform its intended function.