Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
9/10 complexity
This instrument sets technical rules for the design, testing and approval of passenger‑car brake systems. Mechanically it adopts UNECE Regulation No.13‑H test procedures, requires Electronic Stability Control on specified vehicle categories and prescribes approval, conformity‑of‑production and marking rules (see Scope and Appendix A). It directly affects vehicle manufacturers, the Technical Services that test vehicles and the approval authorities (who decide compliance); it matters because it creates mandatory engineering, testing and documentation obligations that manufacturers must meet before first registration.
This instrument, Vehicle Standard (Australian Design Rule 31/02 - Brake Systems for Passenger Cars) 2009 (the ADR), prescribes mandatory technical, approval and conformity requirements for braking systems on passenger cars and certain light vehicles. Mechanically, the ADR does three things:
It incorporates the technical specifications contained in Appendix A, which reproduces UN ECE Regulation No. 13‑H (Regulation No. 13-H), and makes those specifications mandatory for the applicable Australian vehicle categories (see clauses 4.1 and Appendix A, Regulation No. 13‑H). Appendix A itself contains detailed substantive requirements (Regulation No. 13‑H) addressing braking system design (Annex 3), energy sources and accumulators (Annex 4), brake distribution (Annex 5), anti-lock (Annex 6), complex electronic controls (Annex 8) and Electronic Stability Control (ESC) (Annex 9).
It phases in the ADR by date and by model status: new model vehicles must comply from 1 November 2011 and all vehicles from 1 November 2013 (clauses 2.1-2.3). It also specifies which vehicle categories the rule applies to, via the Applicability Table (clauses 2.4-2.6 and the Table).
It requires vehicles of categories MA, MB or MC to be fitted with ESC meeting Appendix A, Annex 9 (clause 4.2), while offering deemed-equivalence routes to certain UNECE technical prescriptions (clause 6.1-6.3) subject to specified conditions and limited exemptions.
The ADR also sets procedural and administrative mechanics for type approval and conformity of production by adopting the approval, testing, marking and conformity processes in Regulation No. 13‑H (e.g. Appendix A, Regulation No. 13‑H, Parts 3-4 and 8). It excludes a subset of approval provisions from Appendix A (clause 5.1) but accepts conformity-of-production demonstrations for some complex ESC-related annexes as an alternative compliance pathway (clauses 5.2 and 6.1.1).
Current sections
Direct links to the current provisions in Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009.
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Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009
Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009
Made under section 7 of the Motor Vehicle Standards Act 1989
Compilation: 3 (up to and including Vehicle Standard (Australian Design Rule) Amendment Instrument 2021 (No.1))
Prepared Date: 14 May 2021
Prepared by: Vehicle Safety Policy and Partnerships, Department of Infrastructure, Transport, Regional Development and Communications
CONTENTS
0.1. NAME OF STANDARD..........................................3
0.1.1. This standard is the Vehicle Standard (Australian Design Rule 31/02 – Brake Systems for Passenger Cars) 2009.
0.1.2. This standard may also be cited as Australian Design Rule 31/02 — Brake Systems for Passenger Cars.
SCOPE
This standard prescribes braking system requirements for passenger cars.
APPLICABILITY AND IMPLEMENTATION
This standard applies to the design and construction of vehicles as set out in 2.1, 2.2 and the table below.
2.1. 1 November 2011 on all new model vehicles.
2.2. 1 November 2013 on all vehicles.
2.3. For the purposes of clause 2.1 a "new model" is a vehicle model first produced with a 'Date of manufacture' on or after the agreed date in clause 2.1.
2.4. Vehicles of category MB, MC or NA complying with the requirements of ADR 35/… will be accepted as complying with this standard.
2.5. Vehicles of category LEP that are fitted with a single foot pedal controlling both front and rear service brakes must comply with this standard. Other LEP vehicles must comply with ADR 33/…
The official rationale, as reflected in the text, is to impose internationally harmonised braking performance, safety and electronic control requirements (via adoption of UNECE Regulation No. 13‑H and related UNECE technical regulations) and to mandate ESC on passenger cars and like vehicles (see clause 4.2 and Appendix A, Annex 9). The ADR also permits use of UNECE equivalents (clause 6.1-6.3), reflecting a reciprocal-recognition and trade-facilitation rationale.
Testing, marking and documentation mechanics are extensive: type-approval applications must be supported by descriptive drawings and a representative vehicle (Appendix A, Regulation No. 13‑H, paras 3.1-3.3); approval requires successful completion of the tests in Annex 3 and related annexes (paras 4.1 and 5); approved vehicles receive an international approval mark and, where ESC-compliant, the additional "ESC" marking (para 4.4.3). Conformity of production must be maintained and may be audited by the approving authority (para 8.1-8.2) and approvals may be withdrawn for non-conformity (para 9.1-9.2).
This ADR therefore changes both the technical baseline (what braking systems must achieve, including ESC functionality and performance) and the compliance pathway (type approval, testing, documentation, marking, and conformity auditing), using UNECE Regulation No. 13‑H as the core technical standard (Appendix A). The next sections unpack the main concepts, who is affected, specific duties, enforcement, interaction with other rules, amendment history, litigation records (from the instrument), operational pitfalls and a practical compliance checklist.
Main concepts
The ADR organises several technical and administrative concepts drawn from UNECE Regulation No. 13‑H into the Australian regulatory framework. Key concepts expressed in the instrument (with the source references) include:
Vehicle categories and applicability: The ADR applies to a defined set of vehicle categories (see the Applicability Table and clauses 2.1-2.6). "New model" is defined for the phased implementation (clause 2.3). Certain UNECE categories are mapped to ADR categories in the table.
Type approval and conformity of production: The ADR adopts the UNECE procedures for application for approval, approval marking, testing and conformity of production (Appendix A, Regulation No. 13‑H, Parts 3-4 and 8). Applications must include a representative vehicle and technical documentation (paras 3.1-3.3 of Regulation No. 13‑H). Conformity-of-production verification may be performed by the approving authority at least biennially (para 8.2).
Service, secondary and parking braking systems: The ADR reproduces Regulation No. 13‑H’s tripartite function framework , service braking (primary in-motion control), secondary braking (performance if primary fails), and parking braking (mechanical holding function) , and the minimum performance tests and metrics (Appendix A, Regulation No. 13‑H, paras 5.1.2 and Annex 3).
Performance metrics and tests: The ADR requires road testing and instrumented tests for stopping distances, mean fully developed deceleration (dm), Type‑0 (cold), Type‑I (fade/recovery) tests and specified wheel-lock and torque-wheel procedures (Annex 3 and Annex 5 appendices). Test instrumentation accuracy, test conditions (road surface, tyre pressures, temperatures), and pass/fail thresholds are specified (Annex 3, paras 1-1.5, and Annex 5).
Electronic systems and ESC: "Electronic Stability Control System" (ESC) is defined narrowly and technically (Appendix A, Regulation No. 13‑H, para 2.25), and vehicles in categories MA, MB, MC must be fitted with ESC meeting Annex 9 (ADR clause 4.2). Annex 9 sets out functional requirements (ability to apply individual wheel torques, closed‑loop control, yaw-rate sensing, steering input monitoring, propulsion torque modification) and performance/tests (Sine-with-Dwell manoeuvres, yaw/response metrics, tell-tale requirements, para 2 and 3 of Annex 9).
Complex electronic vehicle control systems safety: Annex 8 requires manufacturers to produce documentation on architecture, failure modes, diagnostics, and the safety concept for complex electronic control systems that influence braking (including FMEA/FTA or similar analyses) (Annex 8 paras 3-4).
Equivalence and alternatives: The ADR recognizes the UNECE technical requirements as equivalent if certain conditions are met, and accepts UNECE Global Technical Regulation No. 8 for ESC as equivalent to Appendix A, Annex 9 (clauses 6.1-6.3), albeit with listed exemptions and caveats (clause 6.2.1).
Warning signals and driver information: The ADR carries detailed requirements for optical/acoustic warning tell‑tales (red/yellow), driver visibility, and timing (Appendix A, Regulation No. 13‑H, paras 5.2.14, 5.2.21 and Annex 9 paras 3.4-3.6).
These concepts translate into concrete manufacturer obligations (design to achieve braking performance, fit specified electronics, produce safety and type-approval documentation) and administrative controls (approval, marking, conformity checks). The instrument also provides limited flexibility by permitting conformity demonstrations to stand in for some lab/test elements (clauses 5.2 and 6.1.1), and permits simulation-based compliance for ESC in specific circumstances (Appendix A, Annex 9 Appendix 1 and 2).
Who it affects
The ADR directly imposes obligations on and affects the following parties, with the specific scopes set out in the instrument:
Vehicle manufacturers and their authorised representatives: They must submit applications for type approval for vehicle types with regard to braking (Appendix A, Regulation No. 13‑H, para 3.1-3.3), provide the required technical documentation (para 3.2.1-3.2.4), supply a representative vehicle for testing (para 3.3), and ensure production conforms to the approved type (para 8.1-8.2).
Importers and vehicle type approvers: Where approvals are granted, the approving authority assigns approval numbers, affixes the international approval mark, and communicates approvals (para 4.1-4.4). Approving authorities perform conformity-of-production checks and may withdraw approval for non-conformity (paras 8 and 9).
Engineers, technical services and testing facilities: Testing procedures are detailed and prescriptive (Annex 3, Annex 5, Annex 6, Annex 9). The ADR contemplates technical services performing approval tests and preparing reports (Regulation No. 13‑H, paras 3.3, 4.3, Annex 1 communication form). Technical services must be listed with administrative departments (para 11).
Owners and operators of new-model and newly first-registered vehicles: The ADR mandates ESC for vehicles in categories MA, MB, MC from the implementation dates. Under transition clauses in Appendix A (12.2-12.3), Contracting Parties may refuse type approvals or first national registrations of vehicles not meeting Supplement 7 and ESC requirements from 1 November 2011 and 1 November 2013 respectively; the ADR mirrors those dates in clauses 2.1-2.2.
Component suppliers (brake linings, sensors, ECUs, ABS/ESC modules): Design and material requirements affect component choices (e.g. brake linings must not contain asbestos, Annex 5.1.1.3), and suppliers must support vehicle manufacturers’ documentation and tests including dynamometer tests for linings (Annex 7) and ESC hardware/software descriptions (Annex 9 paras 3.7 and Annex 8).
Regulators and inspection authorities: Domestic authorities enforcing ADR compliance must implement type approval processes, conduct or verify tests, and run conformity audits (Appendix A, Regulation No. 13‑H, paras 4, 8 and 11).
The ADR also has indirect effects:
For electric and hybrid vehicles, battery charge state and regenerative braking interact with test conditions and compliance (Annex 3 paras 1.2.8-1.2.11, Annex 3 Appendix for battery monitoring and Annex 4). Manufacturers of such vehicles face additional testing and documentation burdens.
Aftermarket modifiers and remanufacturers: The ADR’s modification and extension provisions (Appendix A, Regulation No. 13‑H, paras 7.1-7.3) require notification and possible retesting if the vehicle type or braking system is modified.
Not all vehicle categories are affected: the Applicability Table and clauses 2.4-2.6 exclude or defer some categories and allow prior ADR versions or other ADRs (e.g. vehicles certified to ADR 31/03 need not comply with ADR 31/02, clause 2.6). The ADR’s phase-in dates create a temporal effect: the immediate burden from 1 November 2011 and 1 November 2013 for new models and all vehicles respectively (clauses 2.1-2.3).
Key duties and rights
This section identifies concrete duties placed on regulated parties and the rights or administrative steps available under the ADR, referencing the instrument.
Manufacturer duties
Design and construction to ADR technical requirements: Vehicles must “comply with the requirements of Appendix A” (clause 4.1). That means meeting Regulation No. 13‑H specifications for braking functions, redundancy, energy storage, distribution, ABS, and ESC where applicable (Appendix A, paras 5.1-5.2, Annexes 3, 4, 5, 6, 8, 9).
Fit ESC on certain categories: Vehicles in categories MA, MB, MC must be fitted with an ESC system meeting Appendix A, Annex 9 (clause 4.2).
Provide type‑approval documentation and representative vehicle: Application must be submitted by the manufacturer or authorised representative and include the documents and particulars listed (Appendix A, Regulation No. 13‑H, paras 3.1-3.3).
Produce complex‑systems documentation: For complex electronic vehicle control systems, manufacturers must provide the Annex 8 documentation package, including the safety concept, FMEA/FTA or equivalent analysis, and means for periodic inspection (Annex 8, paras 3-3.4).
Ensure wear/maintenance features and tell‑tales: For service brake wear, systems must allow wear assessment without wheel removal or warn the driver (Annex 3 para 1.5 and Regulation No. 13‑H, para 5.2.11.2). Warning devices and optical tell‑tales (red/yellow) must be provided per Regulation No. 13‑H paras 5.2.14 and 5.2.21, Annex 9 paras 3.4-3.6.
Maintain conformity of production: Vehicles in series must conform to the approved type (Appendix A, Regulation No. 13‑H, para 8.1), and the authority may verify production methods at “normally once every two years” (para 8.2).
Administrative and technical duties (authority/Technical Service)
Conduct or validate tests and grant/withdraw approval: The approving authority issues approval numbers, communicates with other Contracting Parties (paras 4.1-4.3), and may withdraw approvals for non-conformity (paras 9.1-9.2).
Monitor production conformity: The approving authority may verify conformity control methods in production facilities (para 8.2).
Manufacturer/vehicle rights and options
Equivalence and alternative compliance: The ADR allows the use of UNECE Regulation No. 13‑H (clause 6.1) and GTR No. 8 (clause 6.2) as deemed equivalent if conditions are met, and provides specific exemptions where UNECE clauses are not adopted wholesale (clause 6.2.1). Annex 9 also permits validated dynamic simulation to demonstrate ESC compliance in lieu of full physical tests (Annex 9 Appendix 1-2).
Conformity-of-production assessment as compliance route: For certain Annex 8 and Annex 9 components (Annex 8, Annex 9 paras 3.7/3.7.1), compliance may be demonstrated via a Conformity of Production assessment rather than separate tests (clauses 5.2 and 6.1.1).
Right to notification and international communication: Approval, extension, refusal or withdrawal must be communicated via the standard Annex 1 communication (Appendix A, Regulation No. 13‑H, para 4.3 and Annex 1 form).
Practical obligations on vehicle function and information provision
Tell‑tales and controls: ESC malfunction indicator, ESC off tell‑tale, and labelling/identification of ESC‑related controls are mandated with specifications for colour, visibility and behaviour (Annex 9 paras 3.4-3.6).
Performance margins and test constraints: Manufacturers must ensure service/secondary/parking systems meet specified stopping distances, mean decelerations and fade/recovery characteristics (Annex 3 paras 1.4-1.5, 2.1-2.3).
Component standards: Brake linings must not contain asbestos (Regulation No. 13‑H para 5.1.1.3) and fluid identification and reservoir requirements are prescribed (para 5.2.12-5.2.13).
These duties create an integrated compliance and documentation regime: design to technical performance, test to approval, mark the vehicle, maintain production conformity, and provide diagnostics and driver diagnostics/warnings consistent with the Regulation No. 13‑H annexes.
Penalties and enforcement
The ADR delegates enforcement power largely through the type-approval/approval-withdrawal and conformity-of-production provisions of Appendix A (Regulation No. 13‑H). The instrument sets out the following enforcement mechanics and penalties:
Withdrawal of approval for non‑conformity: If production does not conform to the approved type (para 8.1), the approving authority may withdraw the approval (para 9.1). The authority must notify other Contracting Parties by the Annex 1 communication form when it withdraws an approval (para 9.2). The ADR (clause 5.1) also removes certain Annex A sections from applicability, but the core conformity/withdrawal penalties remain via the adopted UNECE text.
Conformity verification powers: The authority that granted type approval may verify conformity control methods applied in each production facility, with “normal frequency” of verification once every two years (Appendix A, Regulation No. 13‑H, para 8.2). This gives regulators inspection powers and a recurring compliance checkpoint.
Administrative consequences of production discontinuation: If the holder of approval ceases manufacture of an approved type, they must notify the authority and the authority must inform other Parties (para 10).
Approval mark requirements and communication: Non‑conforming vehicles cannot properly carry the international approval mark (para 4.4-4.7); a withdrawal would therefore impact market access and sales.
Testing and reporting obligations: Technical Services must issue test reports and the approving authority must place approval/extension/refusal on record (para 4.3 and Annex 1). Failure to provide accurate documentation may result in refusal of approval.
The ADR does not itself specify criminal or civil fines within the text reproduced here; it relies on the administrative mechanism of type approval withdrawal and production conformity enforcement. Where domestic law has implementing sanctions (for example under the Motor Vehicle Standards Act 1989, which authorised the ADR under s 7 as indicated in the instrument header), those penalties sit outside the ADR text and are not reproduced in the ADR. The ADR, as drafted, channels enforcement through technical approval status and regulatory communications (paras 4, 8 and 9).
Operationally, enforcement will affect commercial outcomes: loss of type approval prevents sales of that type as approved vehicles; withdrawal triggers international notification (Annex 1) to other Contracting Parties (para 9.2). The authority’s periodic production audits (para 8.2) are the principal ongoing enforcement instrument. The ADR also contemplates remedial testing upon modification of vehicle type or braking system (para 7.1-7.3), implicating manufacturers’ duty to notify and submit modified designs for additional scrutiny.
How it interacts with other laws
The ADR interacts with several other legal and technical instruments by design:
Motor Vehicle Standards Act 1989: The ADR is made under section 7 of the Motor Vehicle Standards Act 1989 (instrument header). That Act provides the legal authority to prescribe design rules; administrative enforcement and any civil/criminal penalties for non-compliance with ADRs will therefore depend on that Act and subsidiary regulations. The ADR itself does not re-state those enabling enforcement penalties.
Other Australian Design Rules: The ADR cross-references other ADRs. For example, vehicles of categories MB, MC or NA complying with ADR 35/... will be accepted as complying with this standard (clause 2.4). LEP vehicle treatment is linked to ADR 33/… (clause 2.5). Vehicles certified to ADR 31/03 (or later versions) need not comply with ADR 31/02 (clause 2.6). Those cross references allocate compliance responsibilities among ADRs and give manufacturers options for prior approvals.
UNECE Regulations and Global Technical Regulations: The ADR adopts UNECE Regulation No. 13‑H as the core technical standard (Appendix A) and explicitly deems certain UNECE/GTR provisions equivalent (clauses 6.1-6.3). That creates international harmonisation: approvals under Regulation No. 13‑H and related UNECE or GTR No. 8 may be used as compliance evidence, subject to the ADR’s listed exemptions (clause 6.2.1 and clause 6.1.1).
International approval/marking regime: By adopting Appendix A’s approval/marking system (Regulation No. 13‑H para 4.4-4.8 and Annex 2), the ADR enables the use of the international “E” approval mark and the additional "ESC" marking (para 4.4.3). That facilitates cross-border recognition of approvals.
Standards and test methods: The ADR references external test methods and standards (e.g. ISO 9128 marking for braking fluid, ASTM test tyre and methods for surface PBC in Annex 9 para 4.2.2, and ISO/UNECE guidance in Annex 9 Appendix 2). Those standards may be subject to separate governance and licensing.
Vehicle safety inspection regimes: The ADR includes provisions intended to facilitate periodic technical inspection (Regulation No. 13‑H paras 5.1.4. and 5.1.4.2). Domestic periodic vehicle inspection schemes will need to consider the ADR’s requirements for wear assessment and electronic diagnostics (e.g. disclosure of verification means). The ADR therefore informs, but does not itself replace, national inspection laws.
Intellectual property/confidentiality: Annex 8 contemplates confidential documentation for complex electronic systems; manufacturers are required to provide some material confidentially to Technical Services (Annex 8 para 3.1.1(b) and para 3.4.4). That creates an interaction between approval transparency and commercial confidentiality regimes.
The ADR therefore serves as a technical overlay linked to enabling domestic legislation and international technical agreements. It allows manufacturers to rely on UNECE approvals but requires specific ESC and documentation compliance as a condition of national approval. Where other ADRs or UNECE regulations provide alternative or earlier requirements (e.g., ADR 31/03), the ADR recognizes those alternatives (clause 2.6 and clause 6.1).
Amendment history
The ADR compilation includes a Table of Instruments and a Table of Amendments summarising the statutory history and the changes to particular clauses. The instrument header records the ADR was originally made on 28 June 2009 and lists several amending instruments up to Vehicle Standard (Australian Design Rule) Amendment Instrument 2021 (No.1) (Table of Instruments). Specific changes recorded in the Table of Amendments include:
Clause 0.1.1 was removed and replaced (rr) by the 2021 Amendment Instrument (Table of Amendments row for 0.1.1).
Clause 0.2 was deleted by the Legislation Act 2003 - section 48D (Table of Amendments).
Clause 2.6 was added by Amendment 2014 (Vehicle Standard (Australian Design Rule 31/02 - Brake Systems for Passenger Cars) 2009 Amendment 2), which deals with vehicles certified to ADR 31/03 not needing to comply with this rule.
Clause 6.3 (in Appendix A) was added by the 2010 amending instrument (Amendment 1).
Appendix A, Annex 9, paragraph 3.4.1.3 was amended by the 2010 amending instrument (Table of Amendments).
The compilation notes a sequence of Supplements and Corrigenda incorporated into Appendix A (Regulation No. 13‑H), including Supplement 6 and Supplement 7 added by the Department and Supplement 8 up to 2009 as incorporated in the text. The Table of Instruments provides concrete dates for registration and commencement for the original ADR (29/06/2009) and subsequent amendments (2010, 2014, 2021). The compilation also lists the “prepared date” for the current compilation (14 May 2021) and indicates it includes all instruments up to and including the 2021 Amendment Instrument.
For practitioners this record means: check the Table of Instruments and the Table of Amendments in the ADR compilation to determine which clauses were altered by which amending instrument and to trace the current operative text. The ADR also embeds a number of UNECE Supplement/corrigendum references in Appendix A and Annexes, so the technical baseline has its own amendment history via the UNECE process as reflected in Appendix A.
Litigation history
The ADR text and its Appendix A (Regulation No. 13‑H) do not contain or cite any court decisions, administrative tribunal rulings, or litigation history. The compilation’s Notes and Tables list legislative and instrument amendments but include no citations to cases or disputes involving interpretation or enforcement of the ADR.
Accordingly, within the text provided there is no recorded litigation history, judicial interpretation or precedent concerning:
Interpretation of the ADR’s technical provisions;
Disputes over type approval refusals, withdrawals or conformity-of-production enforcement under the ADR; or
Challenge cases to the ESC mandate or specific requirements in Annex 9.
If a practitioner needs to identify litigation or administrative decisions that interpret or apply the ADR or Regulation No. 13‑H in an Australian context, that research must be conducted in legal databases and government administrative records outside the ADR text. The ADR itself contains the administrative forms and procedural routes for approval and withdrawal (Appendix A, Regulation No. 13‑H, Annex 1 and paras 4 and 9), but it does not record litigation outcomes or appeal pathways in judicial fora. For enforcement remedies and appeal rights a practitioner should consult the enabling Motor Vehicle Standards Act 1989 and any relevant administrative law frameworks.
Gotchas
The ADR contains several technical, procedural and drafting features that commonly cause misunderstandings or compliance gaps. Below are concrete “gotchas” drawn from the instrument text, with the precise mechanics and references.
Distinct applicability windows and "new model" definition (clauses 2.1-2.3)
The ADR phases in by “new model” from 1 November 2011, and to all vehicles from 1 November 2013. The ADR defines “new model” for clause 2.1 as "a vehicle model first produced with a 'Date of manufacture' on or after the agreed date" (clause 2.3). Misclassifying a vehicle as a “new model” or failing to note the manufacture date can misapply the standard.
ESC mandatory scope and exceptions (clause 4.2; Appendix A Annex 9)
ESC is mandated for categories MA, MB, MC (clause 4.2). However, the ADR adopts alternative equivalence routes (clauses 6.1-6.3). If a manufacturer relies on a UNECE or GTR equivalence, it must verify the specific ADR-listed exemptions (e.g. clause 6.2.1 lists several GTR No. 8 clauses that are exempted). Overreliance on the word “equivalent” without checking these ADR-specific exemptions risks non‑compliance.
Conformity-of-Production acceptance for some Annex elements (clauses 5.2 and 6.1.1)
The ADR exempts certain administrative and approval sections from Appendix A (clause 5.1) and allows Annex 8, Annex 9 paragraph 3.7, and Appendices 1-3 of Annex 9 to be satisfied via Conformity of Production assessment (clause 5.2 and 6.1.1). Manufacturers may assume no testing is necessary for these items, but the ADR requires a COP assessment that technical services may audit , COP is not a no-action route.
ESC tell-tale and "ESC Off" control labelling rules (Appendix A Annex 9 paras 3.4-3.6)
Strict requirements govern ESC malfunction tell‑tale visibility, colour (yellow/amber), behaviour (continuous when malfunction persists), check illumination on ignition, and symbol or text requirements (Annex 9 paras 3.4.1 and 3.6.2). For “ESC Off” controls there is a duty that ESC must revert to default on new ignition cycles except in limited driver-selected 4WD modes (Annex 9 para 3.5.1). Failure to implement tell‑tale check or labelling correctly can cause approval failure.
Battery state and EV/regenerative braking interactions (Annex 3 paras 1.2.8-1.2.11; Annex 3 Appendix)
For EVs/regenerative systems, test conditions require batteries to be at prescribed states of charge for Type‑0 and Type‑I tests, and the ADR requires battery state monitoring procedures (Annex 3 Appendix). Simulating or maintaining those states during tests is non-trivial; failing to meet state-of-charge requirements will affect measured braking contributions and may invalidate tests.
Complex electronic systems documentation confidentiality (Annex 8 paras 3.1.1(b) and 3.4.4)
Annex 8 requires detailed documentation (including failure analyses) and allows some material to be kept confidential yet available for inspection by Technical Services. Manufacturers should anticipate scrutiny and prepare non-confidential summaries for public/fleet-facing material while retaining detailed confidential files for the approving Technical Service.
Tyre/road surface selection and PBC requirements for ESC tests (Annex 9 para 4.2)
Annex 9 requires test surfaces with nominal PBC 0.9 measured by ASTM or the k-test method. Not all test tracks or tyre/fleet permutations will achieve these values; test planning must secure suitable surfaces and record their measurement method.
Equivalence does not always mean identical test conditions (clauses 6.1-6.3)
The ADR’s equivalence to UNECE/GTR texts is subject to ADR-specified exemptions and conditions (e.g. ESC must still meet Appendix A Annex 9 where required). Manufacturers cannot assume UNECE approval is a drop-in compliance route without checking those ADR caveats.
Production audit frequency and documentation retention (Appendix A para 8.2; Annex 8)
Authorities may audit production methods at any time and typically every two years. Manufacturers must maintain production control documentation, test samples, and traceability records to present during audits.
Approval marking and placement (Appendix A para 4.4-4.7 and Annex 2)
The international approval mark has specific format and placement rules, and additional letters "ESC" or "VSF" must be applied where relevant (para 4.4.3-4.4.4). Incorrect placement, illegibility or omission can render an approval non-compliant.
These practical points indicate areas where compliance is often undermined by operational, test-environmental, documentation or labelling oversights. The relevant ADR paragraphs above should be checked against manufacturer processes ahead of testing and submission.
How to comply
This section offers a practical, source-grounded checklist for manufacturers, technical services and compliance officers to implement the ADR requirements. Steps refer to the ADR and Appendix A (Regulation No. 13‑H) provisions.
Determine applicability and timing (clauses 2.1-2.6)
Identify the vehicle category in the ADR Applicability Table. Confirm whether the vehicle is a "new model" (clause 2.3) and apply the phase-in dates (1 November 2011 for new models; 1 November 2013 for all vehicles) where relevant. Check ADR cross‑references to other ADRs (e.g. ADR 31/03 exemption clause 2.6).
Design to Regulation No. 13‑H technical requirements (clause 4.1; Appendix A)
Ensure braking systems meet the service/secondary/parking function criteria (Appendix A, Regulation No. 13‑H paras 5.1.2, 5.2). Incorporate redundancy, failure detection and warning devices as specified (paras 5.2.2-5.2.4, 5.2.14, 5.2.21).
Electronically‑controlled braking and ESC compliance (clause 4.2; Annex 9)
For MA, MB, MC vehicles, design ESC to meet Annex 9: individual wheel braking capability, closed-loop yaw-rate control, steering input monitoring and propulsion torque modification (Annex 9 para 2). Implement ESC tell‑tales and “ESC Off” controls per Annex 9 paras 3.4-3.6. If relying on GTR No. 8 or UNECE equivalents, map GTR clauses to ADR exemptions (clauses 6.1-6.3 and 6.2.1).
Prepare type-approval documentation and illustrative materials (Appendix A paras 3.2.1-3.2.4; Annex 1)
Provide the description of vehicle type, list of braking components, diagrams of assembled braking equipment and detailed drawings (para 3.2). Prepare vehicle data and test-report appendices as per Annex 1. Maintain confidential supporting analyses for Annex 8 if necessary.
Conduct prescribed tests and collect test reports (Annex 3, Annex 5, Annex 6, Annex 9)
Execute Type‑0 (cold) and Type‑I (fade/recovery) tests; wheel‑lock/torque-wheel tests for distribution; ABS tests per Annex 6; ESC Sine-with-Dwell manoeuvres and validation tests per Annex 9 (Annex 3 paras 1.4-1.5; Annex 5; Annex 6; Annex 9 paras 4-5). For ESC, consider validated dynamic simulation per Annex 9 Appendix 1-2 if physical testing is impractical, ensuring simulator validation and reporting per Appendix 2-3.
Ensure battery/EV/regenerative test readiness (Annex 3 paras 1.2.8-1.2.11; Annex 3 Appendix)
For vehicles with regenerative/electric braking, set battery states of charge to the specified levels and document watt-hour tracking per Annex 3 Appendix. Provide state-of-charge monitoring procedure for type approval.
Provide complex-electronic documentation and safety analyses (Annex 8)
Assemble the Annex 8 documentation package: system description, schematic, failure strategy, safety concept, units identification, and analysis of likely faults (FMEA/FTA). Include means for periodic inspection and diagnostics accessible to technical services (Annex 8 paras 3.1-3.4).
Implement driver-visible tell‑tales and labelling (Regulation No. 13‑H paras 5.2.21; Annex 9 paras 3.4-3.6)
Fit red and yellow warning signals with the specified visibility and behaviour. Fit ESC malfunction and ESC Off tell‑tales with the required symbols/text and ensure the ESC Off control returns to default on new ignition cycles except as allowed (Annex 9 paras 3.4.1, 3.5.1, 3.6.2).
Submit application and representative vehicle to Technical Service (Appendix A paras 3.1-3.3)
File the application with triplicate documents and the representative vehicle for testing. Provide drawings not exceeding A4 (para 4.3) and ensure the approval form fields and Annex 1 communication format are completed.
Prepare production control and COP readiness (para 8.1-8.2; clause 5.2)
Maintain production records that show vehicles conform to the approved type. If relying on Conformity of Production to demonstrate compliance for certain Annex 8/Annex 9 elements, document COP procedures for audit (clause 5.2; Appendix A para 8.2).
Plan for mark and labelling (Appendix A para 4.4-4.7 and Annex 2)
Ensure approval marking (circle E + approval number + R‑number) and the “ESC” letters (if applicable) are correctly placed, legible and indelible (para 4.4.1-4.4.3).
Prepare for verification audits and potential remedial action (Appendix A paras 7 and 8)
If modifications to vehicle type or braking system occur, notify the authority and obtain assessment (para 7.1-7.3). Keep readiness for authority audits, typically every two years (para 8.2), with test records, production records and quality-control data available.
Anticipate international equivalence constraints (clauses 6.1-6.3)
If relying on UNECE or GTR approvals, document how the vehicle complies with ADR-specific exceptions and list any ADR deviations or alternative procedures accepted by COP assessments (clauses 6.1.1 and 6.2.1).
Record retention and confidentiality (Annex 8 para 3.1.1)
Retain full technical analyses (confidential if needed) and provide non-confidential information for manuals and inspection. For periodic technical inspection authorities, make verification means available in a manner that protects confidential design information (Annex 8 paras 3.1.1 and 3.4.4).
This step-by-step approach, rooted in the ADR text, identifies the primary compliance tasks and the relevant clauses or annexes to consult. Compliance requires coordination among design, testing, documentation, production and regulatory liaison teams and should start early in vehicle development to avoid late-stage non-conformity.
2.6. Vehicles certified to ADR 31/03 or a later version need not comply with this rule.
Applicability Table
Vehicle Category
ADR Category Code*
UNECE Category Code
Manufactured on or After
Acceptable Prior Rules
Moped 2 wheels
LA
L1
N/A
Moped 3 wheels
LB
L2
N/A
Motor cycle
LC
L3
N/A
Motor cycle and sidecar
LD
L4
N/A
Motor tricycle
LE
L5
LEM
N/A
LEP
1 November 2011**
/01
LEG
N/A
Passenger car
MA
M1
1 November 2011**
Nil
Forward-control passenger vehicle
MB
M1
1 November 2011**
Nil
Off-road passenger vehicle
MC
M1
1 November 2011**
Nil
Light omnibus
MD
M2
N/A
Heavy omnibus
ME
M3
N/A
Light goods vehicle
NA
N1
1 November 2011**
Nil
Medium goods vehicle
NB
N2
N/A
Heavy goods vehicle
NC
N3
N/A
Very light trailer
TA
O1
N/A
Light trailer
TB
O2
N/A
Medium trailer
TC
O3
N/A
Heavy trailer
TD
O4
N/A
** See clauses 2.1 to 2.3
DEFINITIONS
3.1. Refer to Vehicle Standard (Australian Design Rule Definitions and Vehicle Categories) 2005.
3.2. Refer to paragraph 2 of Appendix A for certain definitions.
REQUIREMENTS
4.1. Vehicles must comply with the requirements of Appendix A, as varied by part 5 Exemptions and Alternative Procedures.
4.2. Vehicles of categories MA, MB or MC must be fitted with an Electronic Stability Control System meeting the requirements of Appendix A, Annex 9.
EXEMPTIONS AND ALTERNATIVE PROCEDURES
5.1. The following provisions of Appendix A are not applicable.
Section 3 Application for approval
Section 4 Approval
Section 5 Paragraph 5.2.25 - temporary-use spare wheels/tyres (Supplement 8 to Regulation No. 13-H dated 18 December 2008)
Section 7 Modification of vehicle type or braking system and extension of approval
Section 8 Conformity of production
Section 9 Penalties for non-conformity of production
Section 10 Production definitely discontinued
Section 11 Names and addresses of technical services responsible for conducting approval tests and of administrative departments
Section 12 Transitional provisions
Annex 1 communication concerning the approval or extension or refusal or withdrawal of approval or production definitely discontinued of a vehicle type with regard to braking pursuant to Regulation No. 13-H
Annex 2 Arrangement of approval marks
5.2. In respect of Annex 8, paragraph 3.7 of Annex 9, and Appendices 1 to 3 of Annex 9 of Appendix A of this standard, vehicles will be deemed to meet the requirements of these annexes if compliance can be demonstrated during a Conformity of Production assessment.
ALTERNATIVE STANDARDS
6.1. The technical requirements adopted by the United Nations – Economic Commission for Europe (UNECE) Regulation No. 13-H – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF PASSENGER CARS WITH REGARD TO BRAKING, incorporating the 00 series of amendments from supplement 7 and corrigendum to supplement 7 onwards, shall be deemed to be equivalent to the technical requirements of this standard, provided vehicles of categories MA, MB or MC are fitted with an Electronic Stability Control System meeting the requirements of Appendix A, Annex 9.
6.1.1. In respect of Annex 8, paragraph 3.7 of Annex 9, and Appendices 1 to 3 of Annex 9 of UNECE Regulation No. 13-H 00, vehicles will be deemed to meet the requirements of these annexes if compliance can be demonstrated during a Conformity of Production assessment.
6.2. The technical requirements adopted by the United Nations - Economic Commission for Europe Global technical regulation No.8 – ELECTRONIC STABILITY CONTROL SYSTEMS, incorporating the corrigendum, shall be deemed to be equivalent to the technical requirements of Appendix A, Annex 9 of this standard.
6.2.1. The following exemptions to the provisions of Global technical regulation No.8 apply;
6.2.1.1. Clause 5.4. (f), where the ESC malfunction tell-tale need not illuminate if it is combined in a two-part telltale with the “ESC Off” tell-tale, and this is illuminated.
6.2.1.2. Clause 5.5.3.
6.2.1.3. Clause 6.3.1., where the ESC system must be enabled for all testing, except where otherwise specified in the text.
6.2.1.4. Clause 6.3.2., where the fuel tank need only be filled to at least 75 per cent of capacity.
6.2.1.5. Clause 6.3.4., where outriggers may be used for vehicles with a Static Stability Factor (SSF) > 1.25, and where vehicles that fall into the category of Clause 6.3.4. (a) may instead use outriggers as prescribed in Clause 6.3.4. (b).
6.2.1.6. Clause 7.10.2., where the vehicle test speed need not be achieved within 30 seconds of starting the engine and more than one brake application may be made.
6.3. The technical requirements adopted by the United Nations – Economic Commission for Europe (UNECE) Regulation No. 13 – UNIFORM PROVISIONS CONCERNING THE APPROVAL OF VEHICLES OF CATEGORIES M, N AND O WITH REGARD TO BRAKING, incorporating the 11 series of amendments, Annex 21, for vehicles equipped with a stability function which includes roll-over control and directional control shall be deemed to be equivalent to the technical requirements of Appendix A, Annex 9 of this standard for Electronic Stability Control for vehicles with a mass in running order > 1,735 kg.
APPENDIX A
AGREEMENT
CONCERNING THE ADOPTION OF UNIFORM TECHNICAL PRESCRIPTIONS
FOR WHEELED VEHICLES, EQUIPMENT AND PARTS WHICH CAN BE FITTED
AND/OR BE USED ON WHEELED VEHICLES AND THE CONDITIONS FOR RECIPROCAL RECOGNITION OF APPROVALS GRANTED ON THE BASIS OF THESE PRESCRIPTIONS /
(Revision 2, including the amendments which entered into force on 16 October 1995)
_________
Addendum 12H: Regulation No. 13-H
Revision 1
Incorporating all valid text up to:
Corrigendum 1 to the original version of the Regulation, subject of Depositary Notification C.N.708.1999.TREATIES-1 dated 6 August 1999
Corrigendum 2 to the original version of the Regulation, subject of Depositary Notification C.N.897.2000.TREATIES-1 dated 27 September 2000
Corrigendum 3 to the original version of the Regulation, subject of Depositary Notification C.N.784.2002.TREATIES-1 dated 1 August 2002
Corrigendum 4 to the original version of the Regulation, subject of Depositary Notification C.N.364.2003.TREATIES-1 dated 8 May 2003
Supplement 1 to the original version of the Regulation - Date of entry into force: 27 December 2000
Supplement 2 to the original version of the Regulation - Date of entry into force: 20 February 2002
Corrigendum 1 to Supplement 2 to the original version of the Regulation, subject of Depositary Notification C.N.440.2004.TREATIES-1 dated 13 May 2004
Supplement 3 to the original version of the Regulation - Date of entry into force: 4 April 2005
Supplement 4 to the original version of the Regulation - Date of entry into force: 11 June 2007
Supplement 5 to the original version of the Regulation - Date of entry into force: 10 November 2007
and incorporating by the Department of Infrastructure, Transport, Regional Development and Local Government:
Supplement 6 to the original version of the Regulation - Date of entry into force: 15 October 2008
Supplement 7 to the original version of the Regulation - Date of entry into force: 22 July 2009
Corrigendum to Supplement 7 to the original version of the Regulation - Date of entry into force: 22 July 2009
Supplement 8 to the original version of the Regulation - Date of entry into force: 24 October 2009
Uniform provisions concerning the approval of PASSENGER CARS
WITH REGARD TO BRAKING
_________
UNITED NATIONS
Regulation No. 13-H
UNIFORM PROVISIONS CONCERNING THE APPROVAL OF PASSENGER CARS
WITH REGARD TO BRAKING
Annex 1 - Communication concerning the approval or extension or refusal or withdrawal of approval or production definitely discontinued of a vehicle type with regard to braking pursuant to Regulation No. 13-H
Annex 2 - Arrangements of approval marks
CONTENTS (continued)
Annex 3 - Braking tests and performance of braking systems
Appendix - Procedure for monitoring the state of battery change
Annex 4 - Provisions relating to energy sources and energy storage devices (energy accumulators)
Annex 5 - Distribution of braking among the axles of vehicles
Appendix 1 - Wheel-lock sequence test procedure
Appendix 2 - Torque wheel test procedure
Annex 6 - Test requirements for vehicles fitted with anti-lock systems
Appendix 1 - Symbols and definitions
Appendix 2 - Utilisation of adhesion
Appendix 3 - Performance on differing adhesion surfaces
Appendix 4 - Method of selection of the low adhesion surface
Annex 7 - Inertia dynamometer test method for brake linings
Annex 8 - Special requirements to be applied to the safety aspects of complex electronic vehicle control systems, where the
Annex 9 - Electronic stability control systems
SCOPE
1.1. This Regulation applies to the braking of vehicles of categories M1 and N1 [1]/.
1.2 This Regulation does not cover:
1.2.1. vehicles with a design speed not exceeding 25 km/h;
1.2.2. vehicles fitted for invalid drivers.
DEFINITIONS
For the purposes of this Regulation,
2.1. "Approval of a vehicle" means the approval of a vehicle type with regard to braking.
2.2. "Vehicle type" means a category of vehicles which do not differ in such essential respects as:
2.2.1. the maximum mass, as defined in paragraph 2.11. below;
2.2.2. the distribution of mass among the axles;
2.2.3. the maximum design speed;
2.2.4. a different type of braking equipment, with more particular reference to the presence or otherwise of equipment for braking a trailer or any presence of electric braking system;
2.2.5. the engine type;
2.2.6. the number and ratios of gears;
2.2.7. the final drive ratios;
2.2.8. the tyre dimensions.
2.3. "Braking equipment" means the combination of parts whose function is progressively to reduce the speed of a moving vehicle or bring it to a halt, or to keep it stationary if it is already halted; these functions are specified in paragraph 5.1.2. below. The equipment consists of the control, the transmission, and the brake proper.
2.4. "Control" means the part actuated directly by the driver to furnish to the transmission the energy required for braking or controlling it. This energy may be the muscular energy of the driver, or energy from another source controlled
This is an opening excerpt, not the complete document.