12Non-application of Vehicle Standards: inconsistent ADR requirements

12 Non-application of Vehicle Standards: inconsistent ADR requirements

(1)  A provision of Part 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 or 13 of the Vehicle Standards does not apply to a vehicle if –

(a) the vehicle complies with –

(i) a requirement of an ADR that applies to the vehicle; or

(ii) a requirement of an ADR that applies to vehicles of the same class or type, but that have been manufactured at a later date than the vehicle; and

(b) the ADR requirement with which the vehicle complies corresponds to a requirement in Part 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 or 13 of the Vehicle Standards.

(2)  Subregulation (1) does not apply if the vehicle is not of the same class or type as the vehicles to which the ADR requirements apply.

| Example: | As the second edition ADR and third edition ADR do not apply to a vehicle built in 1968, the vehicle must comply with regulation 111 . If the owner of that type of vehicle modified the brakes so the vehicle did comply with the second edition ADR, a requirement in regulation 111 about the vehicle’s brakes that is inconsistent with the second edition ADR no longer applies to the vehicle. |

(3)  A requirement of Part 12 of the Vehicle Standards does not apply to a coupling if –

(a) the coupling complies with –

(i) a requirement of an ADR that applies to the coupling; or

(ii) a requirement of an ADR that applies to couplings of the same class or type, but that have been manufactured at a later date than the coupling; and

(b) the ADR requirement with which the coupling complies corresponds to a requirement in of the Vehicle Standards.