This legislation creates Australia’s vehicle-approval framework: two pathways to get vehicles onto the Register of Approved Vehicles (type approval for mass-produced models and concessional RAV entry for specials, classics, imports and modified cars), supported by approved workshops, verifiers, testing facilities, and a specialist vehicle register. It also controls imports, recalls, and application fees.
It affects manufacturers, importers, modifiers and private importers and makes vehicle safety and environmental standards enforceable.
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Current sections
Direct links to the current provisions in Road Vehicle Standards Rules 2019.
5
Part 4
of this instrument provides for the grant of other approvals to enable vehicles to satisfy the requirements of those entry pathways. Among other things, the Secretary may approve a corporation as a registered automotive workshop (a RAW) under Division 2 or authorised vehicle verifier (AVV) under Division 4\. The Secretary may also approve a Model Report under Division 3\. These approvals are relevant in a range of circumstances. For instance, one of the means by which certain vehicles may satisfy the requirements of the concessional RAV entry approval pathway is to be manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report, then verified by the holder of an AVV approval.
Part 4 of this instrument provides for the grant of other approvals to enable vehicles to satisfy the requirements of those entry pathways. Among other things, the Secretary may approve a corporation as a registered automotive workshop (a RAW) under Division 2 or authorised vehicle verifier (AVV) under Division 4. The Secretary may also approve a Model Report under Division 3. These approvals are relevant in a range of circumstances. For instance, one of the means by which certain vehicles may satisfy the requirements of the concessional RAV entry approval pathway is to be manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report, then verified by the holder of an AVV approval.
Div 5
provides for the grant of testing facility approvals, which permit the holder of the approval to test vehicles and road vehicle components against vehicle standards at certain facilities. Evidence produced by testing conducted at such facilities is relevant to the grant of other approvals under this instrument.
Division 5 provides for the grant of testing facility approvals, which permit the holder of the approval to test vehicles and road vehicle components against vehicle standards at certain facilities. Evidence produced by testing conducted at such facilities is relevant to the grant of other approvals under this instrument.
Finally, Division 6 provides for the keeping of the Specialist and Enthusiast Vehicles Register (SEVs Register). A person may apply to the Secretary for a make and model, or one or more variants of a model, of a road vehicle to be entered on the SEVs Register. A vehicle covered by an entry on the SEVs Register may subsequently be entered on the RAV via the concessional RAV entry approval pathway if it meets the additional requirements set out in Part 3.
More sections below
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Introduction
Part 1—Introduction
Division 1—Preliminary
1 Name
This instrument is the Road Vehicle Standards Rules 2019.
3 Authority
This instrument is made under the Road Vehicle Standards Act 2018.
Division 2—Simplified outline of this instrument
4 Simplified outline of this instrument
This instrument complements the Road Vehicle Standards Act 2018 (the Act) by prescribing matters relating to the regulation of road vehicles and road vehicle components.
The Act provides that a road vehicle must generally be entered on the Register of Approved Vehicles (the RAV) before a person may provide the vehicle for the first time in Australia. Part 2 of this instrument provides for the keeping of the RAV. Among other things, it sets out the information to be included on the RAV and the persons who may enter and correct that information.
The Act also provides that a vehicle may be entered on the RAV if it satisfies the requirements of an entry pathway. Part 3 sets out the requirements of the two entry pathways – the type approval pathway and the concessional RAV entry approval pathway. Among other things, these pathways require that a road vehicle type approval or concessional RAV entry approval must be in force in relation to the vehicle. Part 3 provides for the grant of such approvals and the conditions to which they will be subject.
Part 4 of this instrument provides for the grant of other approvals to enable vehicles to satisfy the requirements of those entry pathways. Among other things, the Secretary may approve a corporation as a registered automotive workshop (a RAW) under Division 2 or authorised vehicle verifier (AVV) under Division 4. The Secretary may also approve a Model Report under Division 3. These approvals are relevant in a range of circumstances. For instance, one of the means by which certain vehicles may satisfy the requirements of the concessional RAV entry approval pathway is to be manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report, then verified by the holder of an AVV approval.
Division 5 provides for the grant of testing facility approvals, which permit the holder of the approval to test vehicles and road vehicle components against vehicle standards at certain facilities. Evidence produced by testing conducted at such facilities is relevant to the grant of other approvals under this instrument.
Finally, Division 6 provides for the keeping of the Specialist and Enthusiast Vehicles Register (SEVs Register). A person may apply to the Secretary for a make and model, or one or more variants of a model, of a road vehicle to be entered on the SEVs Register. A vehicle covered by an entry on the SEVs Register may subsequently be entered on the RAV via the concessional RAV entry approval pathway if it meets the additional requirements set out in Part 3.
Part 5 provides for the grant of approvals to permit the importation of road vehicles into Australia. The Part deems the holder of a concessional RAV entry approval to be the holder of an import approval in certain circumstances. It also provides for three further types of import approval:
non‑RAV entry import approvals (for vehicles that are not, generally, to be used on a public road);
transitional import approvals (which are available temporarily for certain vehicles following the repeal of the Motor Vehicle Standards Act 1989); and
reimportation import approvals (for vehicles that are outside Australia, but have been either entered on the RAV or fitted with an identification plate or used import plate under the Motor Vehicle Standards Act 1989).
Part 6 provides for the grant of approvals relating to road vehicle components intended for use in the manufacture or modification of certain road vehicles, and the conditions that apply to such approvals. While road vehicle components do not have to be approved in order to be used in road vehicles, the grant of a component type approval provides a means of simplifying the evidence requirements for certain other approvals.
Part 7 empowers the Minister and Secretary to vary, suspend or revoke approvals granted under this instrument, whether on the Minister or Secretary’s own initiative (under Division 2) or the request of the approval‑holder (under Division 3). Road vehicle type approvals and road vehicle component type approvals will also be automatically suspended in the circumstances set out in Division 4.
Part 8 provides for the recall of road vehicles and approved road vehicle components of particular kinds when, broadly speaking, it appears to the Minister that those vehicles or components do not comply (or it is likely that they do not comply) with relevant standards, or will or may cause injury to a person. It also requires a person who voluntarily takes action to recall road vehicles or road vehicle components to give notice of prescribed matters to the Minister and certain overseas parties.
Part 9 makes provision for a range of miscellaneous matters. Among other things, it requires the Secretary to publish details of various approvals and their variation, suspension or revocation, and provides for the delegation of powers and reviewability of decisions made under this instrument.
Part 10 provides for the charging of fees and the payment of cost‑recovery charges.
Division 3—Definitions
5 Definitions
Note: A number of expressions used in this instrument are defined in the Act, including the following:
aggregate trailer mass means the total mass of a laden trailer when carrying the maximum load recommended by the manufacturer, and includes any mass imposed on the towing vehicle when the towing vehicle and trailer are connected and resting on a horizontal surface.
approved form means a form approved under section 236.
approved Model Report means a Model Report for which an approval is in force under section 71 (including a varied Model Report for which an approval is in force under that section because of section 87).
ATA Convention means the Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods done at Brussels on 6 December 1961, as in force for Australia from time to time.
Note: The ATA Convention is in Australian Treaty Series 1967 No. 20 ([1967] ATS 20), and could, in 2019, be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
AVV approval means an approval as an authorised vehicle verifier granted under section 93.
business day means a day that is not a Saturday, a Sunday or a public holiday in the Australian Capital Territory.
concessional RAV entry approval means a concessional RAV entry approval granted under section 35.
corporation has the same meaning as in the Corporations Act 2001.
CPD carnet means a document mentioned in Article 7(1) of the Private Road Vehicles Convention, issued in accordance with that Convention.
damage or corrosion limit means the limit determined by the Minister under section 107.
disability has the same meaning as in the Disability Discrimination Act 1992.
Federal Register of Legislation means the Federal Register of Legislation established under the Legislation Act 2003.
gross vehicle mass means the maximum laden mass of a motor vehicle as specified by the manufacturer.
holder of an approval (however described) means the person to whom the approval has been granted.
identification plate has the meaning given by the Motor Vehicle Standards Act 1989.
Istanbul Convention means the Convention on Temporary Admission done at Istanbul on 26 June 1990, as in force for Australia from time to time.
Note 1: The Istanbul Convention is in Australian Treaty Series 1993 No. 43 ([1993] ATS 43), and could, in 2019, be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Note 2: A reference to the Istanbul Convention includes a reference to an Annex to that Convention, as in force for Australia from time to time.
key management personnel, of a body corporate, means persons who have authority and responsibility for planning, directing and controlling the activities of the body corporate (whether directly or indirectly) and includes any director (whether executive or otherwise) of the body corporate.
new vehicle means a vehicle that has not been used in transport on a public road in Australia or outside Australia, other than:
(a) to have work done on it; or
(b) to protect it; or
(c) to store it; or
(d) if the vehicle has been imported—to transport it to the importer; or
(e) if the vehicle has been exported—to transport it to the exporter.
non‑RAV entry import approval means a non‑RAV entry import approval granted under section 150.
Private Road Vehicles Convention means the Customs Convention on the Temporary Importation of Private Road Vehicles done at New York on 4 June 1954, as in force for Australia from time to time.
Note: The Private Road Vehicles Convention is in Australian Treaty Series 1967 No. 2 ([1967] ATS 2), and could, in 2019, be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au), together with amendments to that Convention.
proposed recall notice: see subsection 213(1).
RAV entry import approval means a RAV entry import approval taken to be in force under section 146.
RAW approval means an approval as a registered automotive workshop granted under section 58.
RAW (unrestricted volume used two or three‑wheeled vehicle) import approval means an import approval granted under section 146F.
RAW (used vehicle) import approval means an import approval granted under section 146E.
reimportation import approval means a reimportation import approval granted under section 162.
road vehicle component type approval means a road vehicle component type approval granted under section 177.
road vehicle legislation means:
(a) the Act; or
(b) the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018; or
(c) the Motor Vehicle Standards Act 1989; or
(d) Parts VI and XI of the Competition and Consumer Act 2010; or
(e) a provision of the Australian Consumer Law relating to the safety of consumer goods; or
(f) any instrument made under those Acts; or
(g) any instrument made under this instrument.
road vehicle type approval means a road vehicle type approval granted under section 19.
supporting information at a particular time, means:
(a) in relation to the design and componentry of each variant of vehicle covered, or to be covered, by a road vehicle type approval—information that sets out the details of every aspect of vehicle design and componentry (including the source material and manufacturing process of each component) that affects compliance with the applicable national road vehicle standards, as in force at that time; or
(b) in relation to the manufacturing process that is used, or will be used, to produce each variant of vehicle covered, or to be covered, by a road vehicle type approval—information that sets out the details of every aspect of the manufacturing process (including the material, vehicle components and equipment used in that process) that affects compliance with the applicable national road vehicle standards, as in force at that time; or
(c) in relation to the design and componentry of each road vehicle component covered, or to be covered, by a road vehicle component type approval—information that sets out the details of every aspect of vehicle component design (including the source material and manufacturing process of the vehicle component) that affects compliance with the applicable national road vehicle standards, as in force at that time; or
(d) in relation to the manufacturing process that is used, or will be used, to produce each road vehicle component covered, or to be covered, by a road vehicle component type approval—information that sets out the details of every aspect of the manufacturing process (including the material and equipment used in that process) that affects compliance with the applicable national road vehicle standards, as in force at that time; or
(e) if a person does not possess some or all of the information mentioned in paragraph (a), (b), (c) or (d)—a copy of any contractual or other arrangement under which the person may access the information.
Tariff Act means the Customs Tariff Act 1995.
testing facility approval means an approval granted under section 111.
three‑wheeled vehicle means a road vehicle in one of the following vehicle categories:
(a) Moped ‑ 3 wheels (LB);
(b) Motor cycle and side‑car (LD);
(c) Motor tricycle (LE).
trailer (aggregate trailer mass of 4.5 tonnes or less) import approval means an import approval granted under section 146G.
transitional import approval means:
(a) a RAW (used vehicle) import approval; or
(b) a RAW (unrestricted volume used two or three‑wheeled vehicle) import approval; or
(c) a trailer (aggregate trailer mass of 4.5 tonnes or less) import approval.
two‑wheeled vehicle means a road vehicle in one of the following vehicle categories:
(a) Moped ‑ 2 wheels (LA);
(b) Motor cycle (LC).
used import plate has the meaning given by the Motor Vehicle Standards Act 1989.
variant:
(a) in relation to a model of a road vehicle that is, or is to be, entered on the SEVs Register—see section 128; and
(b) in any other case—has its ordinary meaning.
vehicle category means a vehicle category set out in the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005, but does not include a subcategory of vehicle category set out in that Vehicle Standard, except where expressly stated in, or impliedly required by, road vehicle legislation.
vehicle identification number, for a road vehicle, means a unique identifier that is:
(a) allocated to the vehicle; and
(b) marked on the vehicle in a format described in the national road vehicle standards.
Part 2—The Register of Approved Vehicles
Division 1—Introduction
6 Simplified outline of this Part
This Part provides for the keeping of the Register Approved Vehicles (the RAV) established under section 14 of the Act. Section 24 of the Act requires that a road vehicle must generally be on the RAV before a person may provide it for the first time in Australia. Subsection 5(2) of the Act gives an extended meaning to the concept of ‘providing’ a road vehicle. However, subsection 24(3) of the Act, in effect, sets out certain circumstances that do not constitute ‘providing’ a vehicle for these purposes.
A vehicle is only taken to be on the RAV if all of the information set out in section 8 is entered on the RAV in relation to that vehicle. Information may only be entered on the RAV, or subsequently varied to correct errors, by the Secretary and certain other persons (see sections 9 and 11). The RAV must be made publicly accessible online, and certain information on that register must be available to any person who searches for a particular vehicle by its vehicle identification number. The Minister may make various determinations regarding the form and content of the RAV.
7 Purpose of this Part
For the purposes of section 19 of the Act, this Part provides for and in relation to:
(a) the keeping of the RAV, including the content of the RAV and the persons who may enter information on the RAV; and
(b) the publication of information on the RAV.
Division 2—Content of RAV
8 Information to be included on RAV
A vehicle is on the RAV if all of the following information is ent
This is an opening excerpt, not the complete document.