Div 2Exemptions from compliance with ADRs

Division 2—Exemptions from compliance with ADRs 23—Vehicles that are not road vehicles A vehicle need not comply with an ADR applied by rule 21(1) or 22(1) if a determination or declaration under section 5B of the Motor Vehicle Standards Act states that the vehicle is not a road vehicle for that Act. 24—Vehicles subject to particular approvals etc under Motor Vehicle Standards Act (1) A vehicle need not comply with an ADR applied by rule 21(1) or 22(1) if— (a) despite non‑compliance with the ADR, approval has been given, under section 10A(2) or (3) of the Motor Vehicle Standards Act, to place identification plates on vehicles of that type; and (b) the vehicle complies with the approval conditions (if any). See notes to rule 16. (2) A vehicle need not comply with an ADR applied by rule 21(1) or 22(1) if— (a) the vehicle may be supplied to the market under subsection 14A(1) of the Motor Vehicle Standards Act; and (b) for a vehicle for which an approval has been given under that subsection—the vehicle complies with the approval conditions (if any). (3) A vehicle need not comply with an ADR applied by rule 21(1) or 22(1) if— (a) the vehicle may be used in transport in Australia under subsection 15(2) of the Motor Vehicle Standards Act; and (b) for a vehicle for which an approval has been given under that subsection—the vehicle complies with the approval conditions (if any). 25—Partial exemption for personally imported vehicles personally imported vehicle means a vehicle built after 1968 that is imported into Australia under regulation 13 of the Motor Vehicle Standards Regulations 1989 of the Commonwealth by a person who— (a) before the vehicle was imported into Australia, owned and used it for a continuous period of at least— (i) for a vehicle owned by the applicant before 9 May 2000—3 months; or (ii) in any other case—12 months; and (b) has not, within the previous year, imported into Australia another vehicle owned by the person. (2) A personally imported vehicle must be fitted with— (a) seat belts that are as effective as seat belts that meet an Australian Standard or British Standard for seat belts as in force as at 10 February 2014; and (b) seat belt anchorages that meet the number and location requirements of second or third edition ADR 5; and (c) child restraint anchorages that meet the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34; and (d) head restraints that meet the number, location and size requirements of second or third edition ADR 22. (3) However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subrule (2) if the ADR recommends that it should apply, or applies, to a vehicle of the same type. (4) A personally imported vehicle need not otherwise comply with an ADR applied to its design and construction by rule 21(1) or 22(1).