Part 4General safety requirements

Part 4—General safety requirements For a vehicle to be operated safely, the vehicle needs to be properly designed to minimise the potential for accidents and harm to other road users. This Part sets out various requirements regarding the driver's view from a vehicle, the driver's control of a vehicle, protection of vehicle occupants and other road users, and other general safety features. Division 1—All vehicles 26 Steering (1) A motor vehicle must have a right-hand drive if the vehicle is less than 30 years old. (2) A motor vehicle has a right-hand drive if the centre of at least one steering control of the vehicle is to the right of, or in line with, the centre of the vehicle. (3) A component of the steering system of a motor vehicle built before 1 January 2005 that is essential for effective steering of the vehicle must be built to transmit energy by mechanical means only. (4) Failure of a non-mechanical component of the steering system must not prevent effective steering of the vehicle. (5) This clause does not apply to a vehicle if the vehicle is built mainly for a purpose other than the transport of goods or people by road. 27 Turning ability (1) A motor vehicle must be able to turn in a circle not over 25 metres in diameter, measured by the outer edge of the tyre track at ground level. (2) The vehicle must be able to comply with subclause (1) whether it turns to the left or to the right. 28 Ability to travel backwards and forwards A motor vehicle with an unloaded mass over 450 kilograms must be able to be driven both backwards and forwards when the driver is in the normal driving position. 29 Protrusions (1) An object fitted to a vehicle must be designed, built and fitted to the vehicle in a way that minimises the likelihood of injury to a person making contact with the vehicle. (2) Subclause (1) does not apply to an object fitted to a vehicle if— (a) the vehicle was designed before 1965 and the object was part of the design of the vehicle; or (b) the object was fitted to the vehicle before 1965 in accordance with the law of the place where the object was fitted. 30 Driver's view and vehicle controls A motor vehicle must be built— (a) to allow the driver a view of the road and of traffic to the front and sides of the vehicle so the driver can drive the vehicle safely; and (b) with its controls located so the driver can drive the vehicle safely. 31 Seating A seat for a driver or passenger in a vehicle must be securely attached to the vehicle. 32 Mudguards (1) A vehicle must have firmly fitted a mudguard for each wheel or for adjacent wheels. (2) Subclause (1) does not apply to a vehicle if— (a) the construction or use of the vehicle makes the fitting of mudguards unnecessary or impracticable; or (b) the body or part of the body of the vehicle acts as a mudguard. Subclause (2)(a) would apply to— (a) most road-making plant; and (b) certain agricultural equipment. (3) A mudguard may be up to— (a) 230 millimetres above ground level; or (b) on a vehicle built to be used off-road, 300 millimetres above ground level. (4) The outside of a rear mudguard, except a mudflap, of a vehicle that can be seen from the rear of the vehicle must be coloured white or silver if the vehicle— (a) is at least 2⋅2 metres wide; and (b) has a body the vertical measurement of which is less than 300 millimetres at the rear, measured from the lowest point of the body above ground level to the highest point; and (c) is not fitted with rear marking plates or conspicuity markings in accordance with clause 115 of this Schedule. (5) For the purposes of subclause (4)(a), the width of a vehicle is measured disregarding the following— (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. 33 Horns, alarms etc. ***repeater horn*** means a device that makes a sound alternating between different tones or frequencies on a regular time cycle. (2) A motor vehicle must be fitted with at least one horn or other device that can give sufficient audible warning to other road users of the approach or position of the vehicle. (3) A motor vehicle must not be fitted with a device that can make a sound like the sound of a siren, exhaust whistle, compression whistle or repeater horn. (4) Subclause (3) does not apply to— (a) an exempt vehicle; or (aa) a vehicle that is at least 25 years old and is fitted as a police or emergency vehicle if— (i) the vehicle is solely used for exhibition purposes; or (ii) it is part of a collection of former police vehicles or emergency vehicles; or (b) a vehicle fitted with an anti-theft alarm, if the alarm cannot be operated while the vehicle's ignition is on. (5) A motor vehicle may be fitted with a device that emits a regular, intermittent sound while the vehicle is reversing or in reverse gear. (6) The horn or device must not be louder than is necessary so the driver, and a person near the vehicle, can hear the device when it is operating. (7) The provision of the relevant ADR that corresponds to subclause (3) applies to a vehicle as if that provision did not contain a reference to a bell. 34 Rear vision mirrors (1) At least one rear vision mirror must be fitted to the following— (a) a car; (b) a motor trike with 2 front wheels; (c) a motor cycle, or motor trike with one front wheel, built before July 1975. (2) At least one rear vision mirror must be fitted to each side of the following— (a) a motor vehicle with a GVM over 3⋅5 tonnes; (b) a motor cycle, or motor trike with one front wheel, built after June 1975. (3) A motor vehicle with a GVM not over 3⋅5 tonnes (except a motor vehicle mentioned in subclause (2) or (3)) must be fitted with— (a) at least one rear vision mirror on the right side of the vehicle; and (b) at least one rear vision mirror on the left side of the vehicle or inside the vehicle. (4) A rear vision mirror fitted to a motor vehicle as required by this clause must be fitted so that the vehicle's driver in a normal driving position can clearly see by reflection the road behind the vehicle and any following or overtaking vehicle. (5) A rear vision mirror fitted to a motor vehicle with a GVM over 3⋅5 tonnes must not project over 150 millimetres beyond the overall width of the vehicle, measured in accordance with dimension requirements applying to the vehicle. (6) The rear vision mirror may project not over 230 millimetres beyond the widest part of the vehicle or combination if it can fold to project not more than 150 millimetres beyond the overall width of the vehicle, measured in accordance with dimension requirements applying to the vehicle. (7) For the purposes of subclauses (5) and (6), the width of a vehicle is measured disregarding the following— (c) any permanently fixed webbing assembly‑ type devices such as curtain-side devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. 35 Rear vision mirrors—surfaces (1) A rear vision mirror required to be fitted to the side of a motor vehicle with a GVM over 3⋅5 tonnes must have a reflecting surface of at least 150 square centimetres. (2) The reflecting surface of the rear vision mirrors that are required to be fitted to a motor cycle or moped under clause 34 must— (a) each be of the same curvature; and (b) if convex, be part of a notional sphere with a radius of at least 1⋅2 metres. 36 Additional rear vision mirrors A motor vehicle may be fitted with additional rear vision mirrors or mirror surfaces that are flat or convex or a combination of flat and convex. 37 Automatic transmission (1) A motor vehicle fitted with an automatic transmission must have an engine starter mechanism that cannot operate when the transmission control is in a position to drive the vehicle. (2) A vehicle built after 1975 that is fitted with an automatic transmission must have an indicator in the driver's compartment showing the transmission control position. (3) Subclauses (1) and (2) do not apply to a motor vehicle with less than 4 wheels. 38 Diesel engines A motor vehicle propelled by a compression ignition engine (commonly known as a diesel engine) must be fitted with a device preventing the engine from being started accidentally or inadvertently. 39 Bonnet securing devices (1) A motor vehicle with a moveable body panel in front of the windscreen that covers an engine or luggage storage or a battery compartment, must have a device to secure the panel. (2) Despite subclause (1), if the panel opens from the front in a way that partly or completely obstructs the driver's forward view through the windscreen, the panel must have primary and secondary devices to secure the panel. 40 Electrical wiring, components, connections and installations (1) The wiring of the electrical equipment of a vehicle, other than the high tension ignition wiring, must— (a) be supported at intervals of not more than 600 millimetres, unless the vehicle is— (i) a pole-type trailer that has a pole with an adjustable length; or (ii) an extendible trailer; and (b) be insulated at each of its joints; and (c) be located where it cannot— (i) become overheated; or (ii) contact moving parts; or (iii) come near enough to the fuel system to be a fire hazard; and (d) be protected from chafing. (2) The electrical components of a vehicle must be securely mounted. (3) The electrical connectors between motor vehicles and trailers, for the operation of the vehicle lights required by the Vehicle Standards, must comply with at least one of the following— (a) Australian Standard AS 2513–1982 Electrical connectors for trailer vehicles; (b) International Organization for Standardization ISO 1185:1997; (c) Society of Automotive Engineers SAE J560–1998; (d) Australian Standard AS 4735–2003 Heavy road vehicles—Electrical connectors for articulated vehicles. (4) A trailer must be equipped with an electrical conductor, independent of the trailer coupling, that provides a return path between the electrical circuits of the trailer and towing vehicle. 41 Television receivers and visual display units (1) A television receiver or visual display unit must not be installed in a vehicle so any part of the image on the screen is visible to the driver from the normal driving position. (2) Subclause (1) does not apply to— (a) a television receiver or visual display unit that cannot be operated when the vehicle is moving; or (b) a driver's aid in any vehicle; or (c) if the vehicle is a bus, a destination sign. 1 Closed-circuit television security cameras. 2 Dispatch systems. 3 Navigational or intelligent highway and vehicle system equipment. 4 Rearview screens. 5 Ticket-issuing machines. 6 Vehicle monitoring devices. (3) A television receiver, or visual display unit, and its associated equipment in a vehicle must be securely mounted in a position that— (a) does not obscure the driver's view of the road; and (b) does not impede the movement of a person in the vehicle. 42 Requirement for windscreen to be fitted A motor vehicle (other than a motor cycle, a motor trike or a moped) must be fitted with a windscreen if it is manufactured or designed to have a windscreen. 43 Windscreens and windows ***approved material*** means material with the same characteristics as material referred to in any of the following standards— (a) Australian Standard AS R1–1965 Safety Glass for Land Transport; (b) Australian Standard AS R1–1968 Safety Glass for Land Transport; (c) Australian Standard AS 2080–1977 Safety Glass for Vehicles; (d) British Standard BS 857:1967 Specification for Safety Glass for Land Transport; (e) British Standard BS 5282:1975 Specification for Road Vehicle Safety Glass; (f) British Standard BS AU178:1980 Specification for Road Vehicle Safety Glass; (g) Japanese Industrial Standard JIS R 3211–1979 Safety Glasses for Road Vehicles; (h) American National Standard ANSI Z26.1–1980 Safety Code for Safety Glazing Materials for Glazing Motor Vehicles Operating on Land Highways; ***transparent material*** does not include any coating added to the windscreen, window or partition after its manufacture. (2) Transparent material used in a windscreen, window, or an interior partition of a motor vehicle must be approved material if— (a) the vehicle was built after June 1953; or (b) the material was first fitted to the vehicle after June 1953. 44 Window tinting ***glazing*** means material, other than a coating added after manufacture of the material, that may be used in a windscreen, window or an interior partition of a motor vehicle through which the driver of the vehicle can see the road; ***luminous transmittance***, for glazing, means the amount of light that can pass through the glazing as a percentage of the amount of light that would be transmitted if the glazing were absent; ***rear glazing***, for a motor vehicle, means glazing used in a window or interior partition of the motor vehicle located behind the driver in the normal driving position. (2) Glazing used in a windscreen of a motor vehicle must have a luminous transmittance of at least 70%. (3) Glazing used in a windscreen of a motor vehicle must not be coated in a way that reduces its luminous transmittance. (4) Subclauses (1) and (2) do not apply to the greater of the following areas of a windscreen— (a) the area above the highest point of the windscreen that is swept by a windscreen wiper; (b) the upper 10% of the windscreen. (5) Glazing used in a window or an interior partition of a motor vehicle must have a luminous transmittance of at least 70%. (6) Glazing used in a window or an interior partition of a motor vehicle, other than rear glazing, may be coated to achieve a luminous transmittance of not less than 35%. (7) If a motor vehicle is fitted with at least one rear vision mirror to each side of the vehicle, the motor vehicle's rear glazing may be coated to achieve a luminous transmittance of at least 20%. (8) A motor vehicle's rear glazing may be coated to achieve a luminous transmittance of 0% or more if— (a) the vehicle is fitted with at least one rear vision mirror to each side of the vehicle; and (b) the vehicle is designed primarily for the carriage of goods; and (c) the vehicle has at least— (i) 4 wheels; or (ii) 3 wheels and a GVM of more than 1 tonne. ADR (Definitions and Vehicle Categories) provides a category of vehicle described as "Goods Vehicles". (9) The requirements relating to luminous transmittance of glazing used in a window of a motor vehicle stated in a second edition ADR or third edition ADR do not apply to a window that has been coated as provided in subclause (6), (7) or (8). (10) Glazing used in a windscreen, a window or an interior partition of a motor vehicle that has been coated to reduce its luminous transmittance must not have a reflectance of more than 10%. 45 Windscreen wipers and washers (1) A motor vehicle with 3 or more wheels that is fitted with a windscreen must be fitted with at least one windscreen wiper unless a driver in a normal driving position can obtain an adequate view of the road ahead of the motor vehicle without looking through the windscreen. (2) At least one windscreen wiper fitted to the motor vehicle must— (a) be able to remove moisture from the part of the windscreen in front of the driver to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet; and (b) be able to be operated from a normal driving position; and (c) for a motor vehicle built after 1934, continue to operate until the wiper is switched off; and (d) for a motor vehicle built after 1959 the driving position of which is nearer one side of the vehicle than the other— (i) be able to remove moisture from the part of the windscreen in front of the driver, and a corresponding part of the windscreen on the other side of the centre of the motor vehicle, to allow the driver an adequate view of the road ahead of the motor vehicle when the windscreen is wet; and (ii) if the windscreen wipers are operated by engine manifold vacuum, be provided with a vacuum reservoir or pump to maintain the efficient operation of the wiper or wipers while the vehicle is in motion. (3) The windscreen washer must be able to be operated from a normal driving position. 46 Wheels and tyres—size and capacity ***radial ply tyre*** means a radial ply tyre within the meaning of ADR (Definitions and Vehicle Categories). (2) The wheels and tyres fitted to an axle of a vehicle must be of sufficient size and capacity to carry the part of the vehicle's gross mass transmitted to the ground through the axle. (3) For the purposes of subclause (2), the size and capacity of a pneumatic tyre to be fitted to a vehicle must be determined using cold inflation pressure that does not exceed the lesser of— (a) the pressure recommended by the tyre manufacturer; and (b) a pressure of— (i) for a radial ply tyre—825 kilopascals; or (ii) for another tyre—700 kilopascals. 47 Pneumatic tyres for particular vehicles A vehicle built after 1932 must be fitted with pneumatic tyres. 48 Pneumatic tyres—carcass construction (1) A vehicle must not have pneumatic tyres of different carcass construction fitted to the same axle, but the tyres may have different cord materials and a different number of plies. (2) Subclause (1) does not apply to a tyre being used in an emergency as a temporary replacement for a tyre that complies with subclause (1). 49 Tyres—defects A tyre fitted to a vehicle must be free of any apparent defect that could make the vehicle unsafe. 50 Tyres—manufacturer's rating (1) This clause applies to a motor vehicle if the vehicle— (a) has 4 or more wheels; and (b) was built after 1972. (2) This clause does not apply to a tyre if the tyre— (a) is recommended by the vehicle builder as suitable for limited use on the vehicle in special circumstances at a speed less than the speed applying to the vehicle under subclause (3); or (b) is being used in an emergency as a temporary replacement for a tyre complying with this clause. (3) A tyre fitted to a motor vehicle must, when first manufactured, have been rated by the tyre manufacturer as suitable for road use at the lesser of— (a) a speed of at least— (i) for a car with special features for off‑road use, 140 kilometres per hour; or (ii) for any other car, 180 kilometres per hour; or (iii) for any other motor vehicle, 120 kilometres per hour; and (b) the vehicle's top speed. A four-wheel drive vehicle is a car referred to in subclause (3)(a)(i). (4) This clause applies to a vehicle instead of the tyre speed category requirements in the relevant ADR. 51 Retreads ***retread compliance date*** of this jurisdiction for the purposes of this clause is 8 November 2009. (2) A tyre that is retreaded before the retread compliance date must not be used on a vehicle if— (a) Australian Standard AS 1973–1976 Retreaded pneumatic passenger car and light truck tyres or Australian Standard AS 1973–1985 Retreaded pneumatic passenger car and light truck tyres applies to the tyre; and (b) the tyre was retreaded after publication of the Australian Standard; and (c) the tyre was not retreaded in accordance with any of the following Australian Standards— (i) Australian Standard AS 1973–1976 Retreaded pneumatic passenger car and light truck tyres; (ii) Australian Standard AS 1973–1985 Retreaded pneumatic passenger car and light truck tyres; (iii) Australian Standard AS 1973–1993 Pneumatic tyres—Passenger car, light truck and truck/bus—Retreading and repair processes. (3) A tyre that is retreaded after the retread compliance date must not be used on a vehicle if— (a) Australian Standard AS 1973–1993 Pneumatic tyres—Passenger car, light truck, and truck/bus—Retreading and repair processes applies to the tyre; and (b) the tyre was not retreaded in accordance with the Australian Standard. The Australian Standards referred to in this clause require various markings on retreaded tyres. These may include a speed rating less than the rating originally marked on the tyre.