ADR is an abbreviation for Australian Design Rule, and means:
(a) a national road vehicle standard; or
(b) a vehicle standard made under section 7 of the Motor Vehicle Standards Act 1989 that is no longer in force.
Note: A vehicle standard that was in force under section 7 of the Motor Vehicle Standards Act 1989 immediately before the commencement of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 is treated as if it were a national road vehicle standard determined under section 12 of the Act.
applicable ADR: see Division 2 of Part 2.
mobility features means features designed to assist people with a disability.
Rules means the Road Vehicle Standards Rules 2019.
UN Regulation means a regulation made under the 1958 Agreement.
vehicle structure has the meaning given by the determination under section 107 of the Rules.
5 Incorporation of documents
Where this instrument makes provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing, that instrument or writing is incorporated as in force or existing from time to time unless otherwise specified.
Note: Division 2 of Part 2 makes special provision for identifying which ADRs apply to a vehicle. These may not be the most recent versions or amendments of the relevant ADRs.
Division Division 3 - Road Vehicle Standards (Model Reports—Compliance with Standards) Determination 2021 - Prescription of standards: concessional and additional standards | Zoe
Part 2—Prescription of standards
Division 1—Simplified outline
6 Simplified outline of this Part
Under sections 72, 73 and 75 of the Rules, the Secretary may only approve certain types of Model Report if satisfied that a road vehicle of a relevant model or variant would, if manufactured or modified in accordance with the Model Report, comply or substantially comply with the applicable standards determined by the Minister under subsection 89(2). This Part sets standards for that purpose.
First, Division 2 sets an overarching standard – that, subject to the other provisions of this instrument, a vehicle manufactured or modified in accordance with a Model Report is to comply with the ‘applicable ADRs’. Division 2 sets out how to identify which ADRs are the applicable ADRs for a particular vehicle.
Division 3 gives effect to further standards. Some of these provisions create exceptions to the requirement to comply with an applicable ADR, while others prescribe additional standards.
In particular, Division 3 gives effect to the concessional standards set out in Schedule 1. That Schedule applies to vehicles manufactured or modified in accordance with a Model Report of any kind (other than one mentioned in section 74 of the Rules). In some cases, it disapplies certain applicable ADRs or parts thereof, and in others, sets out alternative standards that a vehicle can meet in lieu of complying with an applicable ADR.
Next, Division 3 sets out a range of standards relevant to particular kinds of Model Reports. In some cases, it sets additional standards – for instance, section 18 gives effect to the special accessibility requirements for vehicles fitted with mobility features in Schedule 2. In other cases, it sets concessional or alternative standards. For example, section 21 disapplies elements of certain applicable ADRs that could otherwise require rare vehicles to undergo destructive testing.
Finally, Division 3 gives effect to the additional standards set out in Schedule 5. These standards apply to vehicles manufactured or modified in accordance with a Model Report of any kind (other than one mentioned in section 74 of the Rules). Among other things, they have the effect of permitting or requiring such vehicles to comply with later versions of particular applicable ADRs.
Division 2—Prescription of standards: applicable ADRs
7 Purpose of this Division
For the purposes of paragraph 89(2)(a), this Division sets out standards that apply to road vehicles manufactured or modified in accordance with a Model Report.
8 Definitions
In this Division:
base vehicle means a model or variant of a road vehicle entered on the RAV via the type approval pathway that will be subject to second stage of manufacture in accordance with a Model Report.
build date range has the same meaning as in the Rules.
9 Overarching standard—vehicle to comply with applicable ADRs
(1) Subject to this instrument, the standard is that a road vehicle manufactured or modified in accordance with a Model Report:
(a) must comply with the applicable ADRs; and
(b) is not required to comply with any other ADRs.
Note: Other parts of this instrument modify the requirement to comply with the applicable ADRs. In particular, section 16, together with Schedule 1, lifts the requirement to comply with certain ADRs, whether wholly or in part, or subject to compliance with alternative standards.
(2) An ADR is an applicable ADR in respect of a vehicle in the circumstances set out in section 10, 11, 12, 13 or 14 (as applicable).
10 Applicable ADRs—vehicles entered on the SEVs Register (GVM ≤ 12 tonnes): less than 25 years old
(1) This section applies to a vehicle that:
(a) is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that:
(i) is entered on the SEVs Register; and
(ii) has a gross vehicle mass of 12 tonnes or less; and
(b) was originally manufactured less than 25 years before the day on which it is to be modified in accordance with the Model Report.
When is an ADR an applicable ADR?
(2) An ADR is an applicable ADR in respect of the vehicle:
(a) if the ADR’s applicability date for vehicles in the relevant vehicle category falls on or before the date of original manufacture for the vehicle; or
(b) where the ADR sets out a new model applicability date for vehicles in the relevant vehicle category—if the build date range for the relevant model or variant starts on or after the new model applicability date; or
(c) to the extent that a standard mentioned in paragraph (a) or (b):
(i) requires the vehicle to also comply with the ADR; or
(ii) permits the vehicle to comply with the ADR as an alternative to complying with the standard or part thereof, and the vehicle does so.
ADR is not an applicable ADR if vehicle complies with later version
(3) An ADR is not an applicable ADR in respect of the vehicle if the vehicle complies with a later version of the ADR.
Note: Example: ADR 31 sets out standards relating to brake systems for passenger cars. For MA category vehicles, ADR 31/03 applies to the design and construction of new models from 1 November 2015, and all models from 1 November 2016.
Note: For MA category vehicles, ADR 31/04 is applicable to new models from 1 July 2019. There is no all model applicability date, and relevant vehicles could comply with ADR 31/04 or continue to comply with ADR 31/03.
Note: A Model Report applies to a model or variant of MA category vehicle with a build date range of 1 December 2014 to 1 July 2019. A vehicle to which the Model Report applies would not be considered a new model for the purposes of either ADR, as the start of the build date range falls before the new model applicability date.
Note: The Model Report applies to vehicles manufactured over the entire build date range. Only those vehicles with a date of original manufacture of 1 November 2016 or later would need to comply with ADR 31/03. ADR 31/04 would not be applicable to any of the vehicles. This is because they would not be new models for the purposes of that ADR, and there is no all model applicability date.
11 Applicable ADRs—vehicles entered on the SEVs Register (GVM ≤ 12 tonnes): 25 years or older
(1) This section applies to a vehicle that:
(a) is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that:
(i) is entered on the SEVs Register; and
(ii) has a gross vehicle mass of 12 tonnes or less; and
(b) was originally manufactured 25 years or more before the day on which it is to be modified in accordance with the Model Report.
(2) In this section, the standard date for the vehicle is the date 25 years before the day on which the vehicle is modified in accordance with the Model Report.
(3) An ADR is an applicable ADR in respect of the vehicle:
(a) if the ADR’s applicability date for vehicles in the relevant vehicle category falls on or before the standard date for the vehicle; or
(b) where the ADR sets out a new model applicability date for vehicles in the relevant vehicle category—if the build date range for the relevant model or variant starts on or after the new model applicability date; or
(c) to the extent that a standard mentioned in paragraph (a) or (b):
(i) requires the vehicle to also comply with the ADR; or
(ii) permits the vehicle to comply with the ADR as an alternative to complying with the standard or part thereof, and the vehicle does so.
ADR is not an applicable ADR if vehicle complies with later version
(4) An ADR is not an applicable ADR in respect of a vehicle if the vehicle complies with a later version of the ADR.
12 Applicable ADRs—vehicles entered on the SEVs Register (GVM >12 tonnes)
(1) This section applies to a vehicle that is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that:
(a) is entered on the SEVs Register; and
(b) has a gross vehicle mass of more than 12 tonnes.
(2) An ADR is an applicable ADR in respect of the vehicle (the relevant vehicle) if the ADR would apply to a vehicle that:
(a) is in the same vehicle category as the relevant vehicle; and
(b) was entered on the RAV under a road vehicle type approval at the same time as the relevant vehicle was modified or manufactured in accordance with the Model Report.
Note: In order to be entered on the RAV through the type approval pathway, a vehicle must comply with the applicable national road vehicle standards as in force at the time the vehicle is entered on the RAV – see subsection 15(1) of the Act and paragraph 15(1)(d) of the Rules. For the purposes of this section, the time of RAV entry is effectively to be read as the time the vehicle was manufactured or modified in accordance with the Model Report.
(3) For the purposes of an ADR mentioned in subsection (2), all models of vehicle are to be treated as existing models.
Note: This means that any new model applicability date set out in the ADR will not be relevant.
13 Applicable ADRs—two or three-wheeled vehicle not on SEVs Register
(1) This section applies to a vehicle that is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a used two-wheeled vehicle or used three-wheeled vehicle that is not entered on the SEVs Register.
(2) An ADR is an applicable ADR in respect of the vehicle (the relevant vehicle) if the ADR would apply to a vehicle that:
(a) is in the same vehicle category as the relevant vehicle; and
(b) was entered on the RAV under a road vehicle type approval at the same time as the relevant vehicle was modified or manufactured in accordance with the Model Report.
Note: In order to be entered on the RAV through the type approval pathway, a vehicle must comply with the applicable national road vehicle standards as in force at the time the vehicle is entered on the RAV – see subsection 15(1) of the Act and paragraph 15(1)(d) of the Rules. For the purposes of this section, the time of RAV entry is effectively to be read as the time the vehicle was manufactured or modified in accordance with the Model Report.
(3) For the purposes of an ADR mentioned in subsection (2), all models of vehicle are to be treated as existing models.
Note: This means that any new model applicability date set out in the ADR will not be relevant.
14 Applicable ADRs—vehicle on RAV subject to second stage of manufacture
(1) This section applies to a vehicle that has been manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle entered on the RAV via the type approval pathway that will be subject to second stage of manufacture (a finished vehicle).
(2) An ADR is an applicable ADR in respect of the finished vehicle if the ADR would apply to a vehicle that:
(a) is in the same vehicle category as the finished vehicle; and
(b) was entered on the RAV under a road vehicle type approval at the same time as the finished vehicle was modified or manufactured in accordance with the Model Report.
Note: In order to be entered on the RAV through the type approval pathway, a vehicle must comply with the applicable national road vehicle standards as in force at the time the vehicle is entered on the RAV – see subsection 15(1) of the Act and paragraph 15(1)(d) of the Rules. For the purposes of this section, the time of RAV entry is effectively to be read as the time the vehicle was manufactured or modified in accordance with the Model Report.
(3) For the purposes of an ADR mentioned in subsection (2), the finished vehicle is to be treated as a new model if the base vehicle would have been a new model for the purposes of the ADR.
Division 3—Prescription of standards: concessional and additional standards
15 Purpose of this Division
(1) For the purposes of paragraph 89(2)(a) of the Rules, this Division sets out standards that apply to road vehicles manufactured or modified in accordance with a Model Report.
(2) For the purposes of paragraph 89(2)(b) of the Rules, subsections 16(3) and (4) set out matters relating to the material to be taken into account by the Secretary when deciding an application for approval of a Model Report.
16 Concessional standards and testing concessions applicable to all relevant vehicles
(1) This section applies to a road vehicle that is manufactured or modified in accordance with a Model Report to which subsection 89(2) of the Rules applies.
Concessions to requirement to comply with standards
(2) The vehicle is not required to comply with an applicable ADR mentioned in column 1 of the table in Schedule 1 to the extent set out in column 2.
Concessions to testing requirements
(3) An applicant for approval of a Model Report may rely on a testing concession mentioned in column 2 of the table in Schedule 1 when providing supporting material to demonstrate that a road vehicle manufactured or modified in accordance with the Model Report would comply with an applicable ADR mentioned in column 1.
Note: The testing concessions mentioned in subsection (3) are distinguished in the table from the concessions mentioned in subsection (2) by the heading ‘testing concessions’.
(4) In deciding whether to approve the Model Report, the Secretary must have regard to those concessions.
17 Standards—performance criterion
(1) The standard in subsection (2) applies to a road vehicle that is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle entered on the SEVs Register on the basis of the eligibility criterion in section 130 of the Rules (performance criterion).
(2) The vehicle, once manufactured or modified in accordance with the Model Report, must:
(a) remain of the same variant description as it was before the manufacture or modification took place; and
(b) be of the same variant description listed in the relevant entry on the SEVs Register.
18 Standards—vehicles fitted with mobility features
The standards in Schedule 2 apply to a road vehicle that is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that is fitted with mobility features.
19 Standards—left-hand drive conversions
The standards in Schedule 3 apply to a road vehicle that is manufactured or modified in accordance with a Model Report that provides for a model, or one or more variants, of a road vehicle to be converted from left-hand drive to right-hand drive.
Note: Certain ADRs have the effect of requiring a vehicle to be right-hand drive. As such, certain Model Reports may provide for left-hand drive vehicles to be converted to right-hand drive in order to comply with those standards. However, this instrument has the effect of lifting those requirements in certain cases – see, for example, paragraph 21(3)(a).
20 Standards—campervans and motorhomes
The standards in Schedule 4 apply to a road vehicle that is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a campervan or motorhome.
21 Standards—rare vehicles
(1) The standards set out in this section apply to a road vehicle that is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that:
(a) is entered on the SEVs Register on the basis of the eligibility criterion in section 135 of the Rules (rarity criterion); and
(b) has a gross vehicle mass of 12 tonnes or less.
(2) The standards are that the vehicle, once manufactured or modified in accordance with the Model Report:
(a) must be oriented for use on the left-hand side of the road; and
(b) must:
(i) remain of the same variant description as it was before the manufacture or modification took place; and
(ii) be of the same variant description listed in the relevant entry on the SEVs Register.
Note: Example: For the purposes of paragraph 21(2)(a)—the vehicle’s headlamps must be appropriately aimed for use on the left-hand side of the road, and collision-avoidance features must not make the car veer to the right (potentially into oncoming traffic).
(3) The standards in subsection (2) apply to the exclusion of the following:
(a) an applicable ADR, to the extent it requires the vehicle to be right-hand drive;
(b) the following applicable ADRs, to the extent they require destructive testing to demonstrate compliance:
(i) ADR 10—Steering Column;
(ii) ADR 29—Side Door Strength;
(iii) ADR 69—Full Frontal Impact Occupant Protection;
(iv) ADR 72—Dynamic Side Impact Occupant Protection;
(v) ADR 73—Offset Frontal Impact Occupant Protection;
(vi) ADR 85—Pole Side Impact Performance;
(c) an applicable ADR, to the extent it imposes requirements concerning advanced braking systems, including:
(i) Electronic Stability Control; and
(ii) Anti-lock Brakes; and
(iii) Advanced Automatic Braking; and
(iv) Brake Assist Systems.
22 Additional standards—all relevant vehicles
(1) This section applies to a road vehicle that is manufactured or modified in accordance with a Model Report to which subsection 89(2) of the Rules applies.
(2) Where an ADR mentioned in column 1 of the table in Schedule 5 is an applicable ADR in respect of the vehicle, the standards in column 2 apply to the vehicle.
Note: Some of the standards in Schedule 5 displace the obligation in section 9 to comply with the applicable ADRs.
Part 3—Demonstrating compliance
Division 1—Introduction
23 Simplified outline of this Part
This Part sets out matters relating to the material to be taken into account by the Secretary when deciding an application for approval of a Model Report to which subsection 89(2) of the Rules applies. It deals with the kinds of material that the Secretary may have regard to in determining whether a road vehicle manufactured or modified in accordance with a Model Report would comply, or substantially comply, with certain standards.
It also sets out special requirements in relation to Model Reports that provide for vehicles to be converted from left-hand drive to right-hand drive. In such cases, the Secretary must have regard to a conversion design provided by the applicant. That design must meet certain requirements, which, among other things, are designed to demonstrate that the performance characteristics of the converted vehicle will be consistent with those of the original vehicle.
24 Purpose of this Part
For the purposes of paragraph 89(2)(b) of the Rules, this Part sets out matters relating to the material to be taken into account by the Secretary when deciding an application for approval of a Model Report.
Note: This instrument does not apply in respect of a Model Report mentioned in section 74 of the Rules – see subsection 89(1) of the Rules.
Division 2—Demonstrating compliance: types of material
25 Relevant standards
In this Division, relevant standard means an applicable standard set out in this instrument, and includes an ADR to the extent it is applied, adopted or incorporated by this instrument.
Note: Section 9 incorporates a wide range of ADRs.
26 Limitation on the supporting material that the Secretary may consider
(1) In deciding whether a road vehicle manufactured or modified in accordance with a Model Report would comply, or substantially comply, with a relevant standard, the Secretary may only take into account:
(a) material of a kind specified in this Division; and
(b) other material that the Secretary considers relevant.
(2) It is sufficient that a testing facility mentioned in this Division holds a testing facility approval at the time the application is made for approval of the Model Report, even if it did not at the time the testing was conducted.
27 Supporting material—all relevant Model Reports
(1) This section applies where the Secretary is deciding whether a road vehicle manufactured or modified in accordance with a Model Report would comply, or substantially comply, with a relevant standard.
Results of testing by approved testing facility
(2) The Secretary may have regard to the results of testing conducted under a testing facility approval.
Approvals under the 1958 Agreement
(3) The Secretary may have regard to an approval or other document:
(a) issued by the government of a foreign country that is a contracting party to the 1958 Agreement, or by a person who is a competent authority of such a government for the purposes of that agreement; and
(b) that indicates that the vehicle, or a component or system of the vehicle, complies with requirements applying under that agreement that are equivalent to a relevant standard as in force at the time the Secretary decides the application.
Design documentation
(4) The Secretary may have regard to design documentation, including engineering drawings, where:
(a) the documentation demonstrates the extent to which a design complies with the design requirements set out in a relevant standard; and
(b) the holder of a testing facility approval has verified that the design complies with those requirements.
Component type approval
(5) In respect of road vehicle components used in the vehicle—the Secretary may have regard to whether the road vehicle components are approved road vehicle components.
Note: The components might already be present in the vehicle, or might be added in the course of modification or manufacture.
Declaration made by the applicant
(6) The Secretary may have regard to any declaration made by the applicant for approval of the Model Report.
Material specified in the relevant standard
(7) The Secretary may have regard to any matter or thing specified in a relevant standard to be acceptable as evidence of compliance with that standard, or an element of that standard.
Additional supporting material
(8) The Secretary may have regard to:
(a) any information about whether material mentioned in this Division demonstrates that the vehicle would comply with a relevant standard; and
(b) any information relevant to assessing the accuracy of material mentioned in this Division.
28 Supporting material—vehicles on the SEVs Register manufactured for overseas supply
(1) This section applies where the Secretary is deciding whether a road vehicle would comply, or substantially comply, with a relevant standard if manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that:
(a) is entered on the SEVs Register; and
(b) was manufactured for supply to a market outside Australia.
Compliance with overseas standards
(2) The Secretary may have regard to material demonstrating:
(a) the extent to which the vehicle would comply with a standard applicable in the relevant market outside Australia (an overseas standard); and
(b) that the requirements that apply under the overseas standard are equivalent to those of a relevant standard; and
(c) the extent to which the pre-modification vehicle specifications set out in the Model Report are the same as the original manufacturer’s specifications for the vehicle.
29 Supporting material—all vehicles on the SEVs Register
(1) This section applies where the Secretary is deciding whether a road vehicle would comply, or substantially comply, with a relevant standard if manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that is entered on the SEVs Register.
Vehicle or component marked with UN E-mark
(2) Where a relevant standard is harmonised with a UN regulation—the Secretary may have regard to material that demonstrates that the vehicle, or a component of the vehicle, is marked with a UN E-mark signifying compliance or substantial compliance with the regulation.
Vehicle or component marked with EU e-mark
(3) The Secretary may have regard to material that demonstrates that:
(a) the vehicle or componentry is marked with an EU e-mark signifying compliance with a vehicle standard set by the European Union or European Commission (an EU standard); and
(b) the requirements that apply under the EU standard are equivalent to those of the relevant standard.
30 Supporting material—vehicles on the SEVs Register, and vehicles on the RAV subject to second stage of manufacture
(1) This section applies where the Secretary is deciding whether a road vehicle would comply, or substantially comply, with a relevant standard if manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that:
(a) is entered on the SEVs Register; or
(b) is entered on the RAV via the type approval pathway and will be subject to second stage of manufacture.
Vehicle, or component or system thereof, identical with type-approved vehicle, or component or system thereof
(2) The Secretary may have regard to material that demonstrates that the vehicle, or a component or system of the vehicle, is identical, for the purposes of a relevant standard, to a vehicle, or a component or system of a vehicle, that is covered by:
(a) a road vehicle type approval granted on the basis that the type of vehicle complied with the applicable national road vehicle standards; or
(b) a road vehicle type approval granted on the basis that the type of vehicle substantially complied with the applicable national road vehicle standards, and the non-compliance was only in minor and inconsequential respects; or
(c) an approval given under subsection 10A(1) or (2) of the Motor Vehicle Standards Act 1989.
(3) The material mentioned in subsection (2) must demonstrate that the type-approved vehicle was required to comply with the same standards as the model or variant to which the Model Report applies, based on:
(a) the date from which the standards applied to the model or variant; and
(b) the vehicle category.
Technical analysis
(4) Where no other kind of material that the Secretary may consider under sections 27 to 30 in respect of the vehicle or a particular aspect of the vehicle is available, the Secretary may have regard to technical analysis that demonstrates the extent to which the vehicle or aspect would comply with a relevant standard.
31 Supporting material—conversion design
(1) This section applies where the Secretary is deciding whether a road vehicle would comply, or substantially comply, with a relevant standard if manufactured or modified in accordance with a Model Report that provides for a model, or one or more variants, of a road vehicle to be converted from left-hand drive to right-hand drive.
(2) The Secretary must have regard to a conversion design that meets the requirements of section 32.
Note: The Secretary cannot be satisfied of the matter in subsection (1) if the applicant for approval of the Model Report does not provide a conversion design that meets the relevant requirements.
32 Requirements that apply to the conversion design
Design must include analysis of vehicle structure
(1) The conversion design must set out an analysis of the integrity of the vehicle structure of the converted vehicle.
(2) Without limiting subsection (1), the analysis must address the following matters:
(a) whether the loads expected to be carried by the vehicle structure, including fatigue loads, peak loads and loads resulting from a crash, are within ±10% of those expected to be carried by the vehicle structure of the original vehicle;
(b) the shape of the structure, including its symmetry;
(c) the material properties of the structure;
(d) how the structure deforms under crash loads in a particular way, in areas where the original vehicle was designed to deform under crash loads;
(e) the most appropriate method for modifying structures of that type, taking into account:
(i) the properties of the structure; and
(ii) the equipment required to perform the modification; and
(iii) the types of checks that are needed to confirm that the modification has been successfully performed.
Design must be certified by Chartered Professional Engineer
(3) The conversion design must include a certificate, issued by a chartered professional engineer recognised by a peak Australian engineering body, stating that the design meets the requirements in Schedule 3 relating to the modification of the following safety systems:
(a) the steering system;
(b) the braking system;
(c) the occupant protection system;
(d) the electrical and electronic systems;
(e) the seats, seatbelts and seatbelt anchorages;
(f) the dashboard and vehicle controls.