19Partial exception to compliance with ADRs: personally imported light vehicles

19 Partial exception to compliance with ADRs: personally imported light vehicles

(1)  In this regulation –

personally imported vehicle means a light vehicle built after 1968 that is imported into Australia by a person who –

(a) before the vehicle was imported into Australia, owned and used the vehicle for a continuous period of at least –

(i) in the case of a vehicle owned by the person before 9 May 2000 – 3 months; or

(ii) in any other case – 12 months; and

(b) has –

(i) in the case of a vehicle that was imported before the repeal of the MVSA, undertaken to comply with any requirements relating to road safety imposed on the vehicle under the Motor Vehicle Standards Regulations 1989 of the Commonwealth; or

(ii) in any other case, complied with the RVSA and any rules made under that Act.

| Note: | The Road Vehicle Standards Act provides for concessional RAV entry approvals for vehicles imported into Australia as part of a person’s personal effects. See Division 3 of Part 3 of the Road Vehicle Standards Rules 2019 (Cwlth) for provisions relating to the concessional RAV entry approval pathway generally, and section 39 of those Rules for the eligibility criteria for importing a vehicle as part of a person’s personal effects. |

(2)  A personally imported vehicle must be fitted with –

(a) seatbelts that are as effective as seatbelts that meet an Australian Standard or British Standard for seatbelts as in force when this regulation commenced; and

(b) seatbelt anchorages that meet the number and location requirements of second edition ADR 5 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 edition ADR 22 or third edition ADR 22.

(3)  Despite , a personally imported vehicle need only meet the requirements of an ADR specified in that subsection if the ADR recommends that it should apply, or it applies, to a vehicle of the same type.