Part 5Vehicle safety

Part 5—Vehicle safety 45—Defect notices—prescribed classes of light vehicles (section 145(1b) of Act) For the purposes of section 145(1b) of the Act, the following classes of light vehicles are prescribed: (a) prime movers; (b) commercial motor vehicles; (c) trailers. 46—Formal written warnings, defect notices etc (section 145 of Act) A formal written warning, defect notice or defective vehicle label issued under section 145 of the Act must be in a form approved by the Minister. 47—Authorisations (section 145(8) of Act) (1) The Minister may, on application by a person in a form approved by the Minister, authorise the applicant to exercise any of the powers of an authorised officer under section 145 of the Act, if satisfied (on the basis of evidence provided by the applicant) that the applicant— (a) is fully qualified in 1 or more of the following trades: (i) Motor Mechanic; (ii) Motor Mechanic, Diesel; (iii) Brake Mechanic; (iv) Motor Cycle Mechanic; (v) any other trade that provides skills equivalent to the skills of a trade referred to above; and (b) has successfully completed any training courses approved by the Minister for the purposes of section 145 of the Act; and (c) is the holder of an appropriate driver's licence granted and in force under Part 3 of the Motor Vehicles Act 1959 or an appropriate interstate licence within the meaning of that Act; and (d) has an adequate knowledge of the requirements of the Act relating to motor vehicles; and (e) is a fit and proper person to be authorised to exercise any of the powers of an authorised officer under section 145 of the Act. (2) The Minister may authorise a person in another State or a Territory of the Commonwealth who has similar powers under the laws of that State or Territory to those of an authorised officer under section 145 of the Act to exercise a power of an authorised officer under that section to— (a) examine a vehicle for the purpose of determining whether the repairs required by a defect notice issued in relation to the vehicle have been made; or (b) issue a clearance certificate in relation to a vehicle; or (c) cause a defective vehicle label affixed to a vehicle to be defaced or removed from the vehicle. (3) The Minister must maintain a record of authorisations issued under section 145(8) of the Act and must make that record available for public inspection. 48—Light vehicles that are not to be driven without Ministerial approval (section 161A of Act) The following are declared to be classes of vehicles to which section 161A of the Act applies: (a) wind-powered light vehicles commonly known as land yachts; (b) bicycles that have an auxiliary motor comprised (in whole or in part) of an internal combustion engine; (c) electric personal transporters. 49—Seat belts and seat belt anchorages (section 162A of Act) (1) Subject to subregulations (7) and (8), vehicles manufactured on or after 1 January 1969 are exempt from the provisions of section 162A of the Act and this regulation. (2) The provisions of this regulation apply for the purposes of section 162A of the Act. (3) A car, car‑type utility or car‑type panel van first registered after 30 June 1964 must be fitted with— (a) anchorages for a seat belt suitably placed for use by the driver; and (b) anchorages for a seat belt suitably placed for use by a person sitting alongside of and on the same seat as the driver or on a separate seat by the side of the driver's seat. (4) An anchorage required to be fitted in accordance with subregulation (3) must— (a) in the case of a vehicle first registered after 30 June 1964 but before 10 November 1966—comply with the specification for anchorages published in the Gazette of 28 May 1964, page 1180; or (b) in the case of a vehicle first registered on or after 10 November 1966 but before 8 February 1968—comply with the specification for anchorages published in the Gazette of 10 November 1966, page 1927; or (c) in the case of a vehicle first registered on or after 8 February 1968 but before 15 January 1970—comply with the specification for anchorages published in the Gazette of 8 February 1968, page 346; or (d) in the case of a vehicle first registered on or after 15 January 1970—comply with the Australian Standards Specification for Seat Belt Anchorage Points—(A.S.D. 11–1967). (5) A car, car‑type utility or car‑type panel van first registered on or after 1 January 1967 must be fitted with— (a) a seat belt suitably placed for use by the driver; and (b) at least 1 other seat belt placed for use by a person sitting alongside of and on the same seat as the driver or on a separate seat by the side of the driver's seat. (6) A seat belt required to be fitted in accordance with subregulation (5) must— (a) comply with— (i) Australian Standards Specification for Seat Belt Assemblies for Motor Vehicles—(A.S. E35—1965); or (ii) in the case of a retractor seat belt—Australian Standards Specification for Seat Belt Assemblies (including Retractors) for Motor Vehicles—(A.S. E35 Part II—1970); or (iii) Australian Standard for Seat Belt Assemblies for Motor Vehicles (A.S. 2596—1983); and (b) be clearly and permanently marked with a prescribed certification mark. (7) Seat belts and anchorages for seat belts in motor vehicles (whenever manufactured) must be maintained in sound condition and good working order. (8) A person must not sell, or offer for sale, for use in a motor vehicle (whenever manufactured) a seat belt or part of a seat belt— (a) that fails to comply with the requirements of an Australian Standard or Australian Standards Specification referred to in subregulation (6)(a); or (b) that has been removed from a motor vehicle in which it has previously been used. The Road Traffic (Light Vehicle Standards) Rules 2018apply certain ADRs to light vehicles. The ADRs do not cover vehicles manufactured before 1 January 1969. 50—Child restraints, safety harnesses, booster seats etc (1) A device that complies with Australian/New Zealand Standard (AS/NZS) 1754—Child restraint systems for use in motor vehicles and is clearly marked with a prescribed certification mark certifying compliance with the standard is an approved child restraint. (2) A booster seat or booster cushion— (a) that is an approved child restraint under subregulation (1); or (b) that— (i) is an integrated part of a motor vehicle; and (ii) was installed by the manufacturer of the motor vehicle to enable an existing adult lap and sash type seat belt to become suitable for use by a child; and (iii) complies with the relevant ADR for child restraints of the type concerned, is an approved booster seat. (3) A child safety harness that is an approved child restraint under subregulation (1) is an approved child safety harness. (4) For the purposes of section 162A of the Act, a child restraint fitted to a motor vehicle must— (a) only be used in accordance with the manufacturer's specifications; and (b) be securely attached to an anchorage for a child restraint fitted to that vehicle and to such other anchorages for seat belts fitted to that vehicle as are specified by the manufacturer of the child restraint; and (c) be maintained in sound condition and good working order. (6) For the purposes of this regulation, a device complies with a standard if it complies with the edition of the standard that was in force at the time of its manufacture in Australia or its importation into Australia (as the case may be) or with any later edition of the standard. (7) In this regulation— relevant ADR, in relation to an integrated booster seat or cushion in a motor vehicle, means the ADR that was in force at the time the vehicle was manufactured in Australia or imported into Australia (as the case may be) or with any later version of the ADR. 51—Safety helmets for riders of motor bikes and bicycles (section 162B of Act) (1) A helmet is approved for motor bike riders if— (a) it complies with a prescribed standard for motor bike helmets as in force— (i) at the time the helmet was manufactured in, or imported into, Australia (as the case may be); or (ii) at any later time; and (b) bears a relevant certification mark. (2) A person must not sell, or offer for sale, a helmet for use by a motor bike rider or passenger on a motor bike unless the helmet complies with subregulation (1)(a). Maximum penalty: $2 500. (3) Helmets are approved for bicycle riders if they meet a prescribed standard for bicycle helmets. (4) A person must not sell, or offer for sale, a helmet for use by a bicycle rider unless the helmet meets a prescribed standard for bicycle helmets. (5) In this regulation— prescribed standard for bicycle helmets means— (a) Australian/New Zealand Standard AS/NZS 2063:2020, Helmets for use on bicycles and wheeled recreational devices, published jointly by, or on behalf of, Standards Australia and Standards New Zealand; or (b) Australian/New Zealand Standard AS/NZS 2063:2008, Bicycle helmets, published jointly by, or on behalf of, Standards Australia and Standards New Zealand; or (c) European Standard EN 1078:2012+A1:2012, Helmets for pedal cyclists and for users of skateboards and roller skates, published by the European Committee for Standardization; or (d) American Society for Testing and Materials Standard ASTM F1447:2018, Standard Specification for Helmets Used in Recreational Bicycling or Roller Skating, published by the American Society for Testing and Materials International; or (e) U.S. Consumer Product Safety Commission (16 C.F.R. Part 1203), Safety Standard for Bicycle Helmets, published by the United States Consumer Product Safety Commission; or (f) Snell B-95, 1995 Bicycle Helmet Standard, 1998 revision Standard for Protective Headgear for Use in Bicycling, published by the Snell Memorial Foundation, as amended and in force or existing at the time when this instrument commences; prescribed standard for motor bike helmets means— (a) Australian Standard 1698—1988—Protective helmets for vehicle users (AS 1698—1988); or (b) Australian/New Zealand Standard 1698:2006—Protective helmets for vehicle users (AS/NZS 1698:2006); or (c) United Nations Economic Commission for Europe Regulation No 22 Uniform provisions concerning the approval of protective helmets and their visors for drivers and passengers of motor cycles and mopeds, incorporating the 05 series of amendments, (ECE 22.05); or (d) United Nations Economic Commission for Europe Regulation No 22 Uniform provisions concerning the approval of protective helmets and their visors for drivers and passengers of motor cycles and mopeds, incorporating the 06 series of amendments, (ECE 22.06), as in force from time to time; relevant certification mark means— (a) where the mark relates to compliance with AS 1698—1988 or AS/NZS 1698:2006— (i) a prescribed certification mark; or (ii) the certification mark of a body declared by the Minister by notice in the Gazette to be an approved body for the purpose of certifying compliance with the relevant standard; or (b) where the mark relates to compliance with ECE 22.05—an international approval mark in accordance with ECE 22.05; or (c) where the mark relates to compliance with ECE 22.06—an international approval mark in accordance with ECE 22.06. 52—Safety helmets and riders of wheeled recreational devices and wheeled toys (section 162C of Act) (1) For the purposes of section 162C of the Act, safety helmets must meet a prescribed standard for bicycle helmets. (2) A person must not sell, or offer for sale, a helmet for use by a rider of a wheeled recreational device or wheeled toy unless the helmet meets a prescribed standard for bicycle helmets. 53—Modification of motor vehicles (1) A light motor vehicle must not be driven or towed on a road if it does not comply with the requirements of this regulation. (2) If a light motor vehicle is driven or towed in contravention of subregulation (1), the driver and the owner and the operator of the vehicle are each guilty of an offence. (3) A car, car‑type utility or car‑type panel van must not be altered from its specification as originally manufactured in any of the following respects: (a) fitting of an engine of greater displacement volume, or of greater power or torque output, than an engine available as an option for the vehicle so as to exceed the efficient functioning capacity of the braking system provided for the vehicle; (b) fitting of an engine of greater displacement volume, or of greater power or torque output, than an engine available as an option for the vehicle with the braking system provided at the time of the manufacture of the vehicle; (c) modification to a braking system— (i) that consists of fitting of a smaller diameter brake drum, or narrower brake drum or brake shoe that reduces the swept area of braking surface; or (ii) that reduces the mass of a brake drum or disc; (d) widening of the wheel track of front or rear wheels by more than 26 millimetres beyond the maximum specified by the vehicle's manufacturer; (e) fitting of spacers between wheels and hubs additional to any provided by the vehicle's manufacturer; (f) fitting of wheel nuts that do not engage the thread of the wheel studs for at least the same length as the nuts provided by the vehicle's manufacturer, or wheel nuts that do not match with the taper on the wheel; (g) modifications to axles or suspension (including axle housings or supporting structures but not including springs, dampers, bushes or ball joints) that reduce the available suspension travel from static conditions to full bump position by more than one‑third of that provided by the vehicle's manufacturer; (h) modifications to axles or suspension such that any part of the vehicle other than the tyre or rim will contact a road surface in the case of the deflation of any tyre; (i) welding or heating of axles, stub axles, steering arms or steering knuckle supports; (j) lengthening or shortening of the chassis frame or of a mono‑construction (chassis‑less) body structure; (k) alterations affecting any steering components or the steering geometry. (4) A light motor vehicle (other than a car, car‑type utility, car‑type panel van or motor bike) must not be altered from its specification as originally manufactured in any of the following respects: (a) fitting of an engine of greater displacement volume, or of greater power or torque output, than an engine available as an option for the vehicle; (b) alterations to a braking system; (c) widening of the wheel track of the front or rear wheels by more than 26 millimetres beyond the maximum specified by the vehicle's manufacturer; (d) fitting of spacers between wheels and between wheels and hubs additional to any provided by the vehicle's manufacturer; (e) fitting of wheel nuts that do not engage the thread of the wheel studs for at least the same length as the nuts provided by the vehicle's manufacturer, or wheel nuts that do not match with the taper on the wheels; (f) alterations to the wheelbase; (g) alterations to the number of axles; (h) alterations affecting any steering components or the steering geometry; (i) replacement of any axle with another axle other than an axle available as an option provided by the vehicle's manufacturer for the vehicle. 54—Wheels and tyres (1) A light vehicle must not be driven or towed on a road if it does not comply with the requirements of this regulation. (2) If a light vehicle is driven or towed in contravention of subregulation (1), the driver and the owner and the operator of the vehicle are each guilty of an offence. (3) Every road wheel fitted to an axle of a motor vehicle or trailer that is a light vehicle must— (a) conform to 1 of the dimensional standards for wheel rims set down in the Tyre and Rim Standards Manual; and (b) not have a circumferential weld other than one that attaches the rim to the wheel centre; and (c) be of the same rim width and have the same offset of the rim relative to the mounting face; and (d) if fitted to a motor vehicle manufactured on or after 1 July 1985, be either— (i) provided as original equipment or as original equipment replacement by the vehicle's manufacturer; or (ii) indelibly marked with the wheel's nominal diameter, width and offset and with identification of the manufacturer of the wheel and the standard to which the wheel was manufactured. (4) The tyres and wheels fitted to a motor vehicle or trailer that is a light vehicle must be such that— (a) sufficient clearance is provided so that none of the tyres or wheels will touch any part of the vehicle, other than at the point of attachment, under operating conditions; and (b) none of the tyres protrudes beyond the mudguard or body structure when viewed from above with the wheels in a straight ahead position; and (c) tyres fitted to the same axle are all of the same tyre size designation. (5) Despite the requirements of any other regulation or rule under the Act, a light motor vehicle that is required to comply with ADR 24 or the tyre and rim selection requirements of ADR 42 may be— (a) equipped with tyres other than those listed on the tyre placard fitted to the vehicle, provided that— (i) the load of a tyre fitted is not less than the lowest load listed on the tyre placard; and (ii) the overall diameter of a wheel and tyre fitted is not more than 15 millimetres greater than that advised in the Tyre and Rim Standards Manual for the largest tyre size listed on the placard and not more than 15 millimetres less than that advised in the Manual for the smallest tyre size listed on the placard; or (b) equipped with wheels wider than those listed on the tyre placard; or (c) equipped with wheels with a rim diameter other than a rim diameter (if any) listed on the tyre placard. (6) Despite the requirements of any other regulation or rule under the Act (including subregulation (5)), a light motor vehicle that has 3 or more wheels may be fitted with a wheel or tyre that does not comply with those requirements if— (a) the wheel or tyre is being used in an emergency as part of a temporary replacement wheel and tyre combination that complies with the requirements of this subregulation; and (b) the wheel and tyre combination is recommended by the vehicle's manufacturer as suitable for use on the vehicle; and (c) any conditions specified by the vehicle's manufacturer in relation to the use of the wheel and tyre combination are complied with; and (d) the vehicle is not driven at a speed exceeding 80 kilometres per hour; and (e) only 1 temporary replacement wheel and tyre combination is fitted to the vehicle at any 1 time. (7) In this regulation— Tyre and Rim Standards Manual means the Tyre and Rim Standards Manual issued by the Tyre and Rim Association of Australia as in force at any time before or after the commencement of this regulation. 55—Sprocket drive vehicles A motor vehicle (not being a motor bike or motor trike) fitted with a chain and sprocket drive must not be driven on a road unless it is so constructed that every chain and sprocket of the drive is fitted with a cover, guard or screen in such a manner as to remove any risk of any person accidentally coming into contact with the chain or sprocket. 56—Bicycle trailers (1) A person who rides a bicycle— (a) must not tow another vehicle on a road unless that other vehicle is a bicycle trailer that complies with the requirements of this regulation; and (b) must not tow more than 1 vehicle. (2) A bicycle trailer, when towed at night, or in hazardous weather conditions causing reduced visibility, must be fitted with either 1 or 2 lighted lamps displaying a red light that is clearly visible for at least 200 metres from the rear and affixed to the rear of the trailer as follows: (a) in the case of 1 lamp—in the centre or on the right‑hand side of the centre of the trailer; (b) in the case of 2 lamps—an even distance in the same horizontal plane on either side of the centre of the trailer; (c) in either case—with the centre of the lamp not less than 330 millimetres and not more than 1 metre above the ground. (3) A bicycle trailer must be fitted with 2 red reflectors in accordance with the following requirements: (a) each reflector must be such as to be clearly visible at night for at least 50 metres from the rear when light is projected onto it by a vehicle's headlight on low‑beam; (b) the reflectors must be fitted symmetrically to the rear of the trailer, with 1 on each side; (c) the centre of each reflector must be not less than 330 millimetres and not more than 1 metre above the ground. (4) A bicycle trailer, and any equipment or load on the trailer, must not exceed 850 millimetres in width. (5) A bicycle trailer must be attached to the bicycle by— (a) a coupling constructed and fitted so that— (i) it will permit an adequate amount of angular movement between the alignment of the bicycle and the trailer; and (ii) the strength of the coupling (and of any brackets or other means of securing the coupling to the bicycle and the trailer) is sufficient to prevent the trailer and its equipment and load from becoming separated; and (b) a safety connection consisting of a chain, cable or other non‑rigid connection affixed to a substantial portion of the trailer and constructed and fitted so that— (i) it will hold the trailer in tow in the event of the failure or detachment of the coupling; and (ii) it is not liable to accidental disconnection and permits all normal angular movements of the coupling without more slack than is necessary for that purpose.