Document ID: chunk:federal_register_of_legislation:F2016C00407:clause:1_13:p1
Version: federal_register_of_legislation:F2016C00407
Segment Type: clause
Provision Reference: sch 1 cl 13 (pt 1/2)
Character Range: 55298–58113

13  Non‑application of Vehicle Standards—Motor Vehicle Standards Act approvals
  A provision of Parts 5 to 13 of the Vehicle Standards does not apply to a vehicle if:
 (a) the vehicle does not comply with a requirement of an ADR applying to the vehicle; and
 (b) the provision of the Vehicle Standards corresponds to the requirement of the ADR; and
 (c) despite the non‑compliance, approval has been given, under section 10A(2) or (3) of the Motor Vehicle Standards Act 1989 of the Commonwealth, to place identification plates on vehicles of that type; and
 (d) the vehicle complies with the approval conditions (if any).
Note 1: Section 10A(2) of the Motor Vehicle Standards Act 1989 (Cwlth) deals with vehicles that do not comply with an ADR, but the non‑compliance is only in minor and inconsequential respects.
Note 2: Section 10A(3) of that Act deals with vehicles that do not comply with an ADR, and the non‑compliance is not minor and inconsequential, but the vehicle will be safe to use if conditions are complied with.

Part 3—Australian Design Rules
Note: This Part applies the second and third edition ADRs to various vehicles.
 Under the Part, a vehicle that is subject to ADRs when it is built generally remains subject to the ADRs throughout its life. However, a vehicle need not comply with a standard if the standard is replaced by, or inconsistent with, a later standard and the vehicle complies with the later standard. Older vehicles may, therefore, be fitted with any equipment allowed on newer vehicles.
 Vehicles that are modified must continue to comply with the Vehicle Standards. For guidance on vehicle modifications see Vehicle Standards Bulletin No. 6 ‑ Heavy Vehicle Modifications and Vehicle Standards Bulletin No. 14 ‑ Light Vehicle Modifications.
 (See  http://www.dotars.gov.au/transreg/vsb/index.aspx).
 The following provisions of the Vehicle Standards extend the application of particular second or third edition ADRs to vehicles to which the ADRs are not expressed to apply:
• subrule 41(4) (electrical wiring, components, connections and installations)
• rule 119 (rear marking plates)
• rule 136(1) and (2) (braking system for prime mover in B‑double)
• rule 137 (braking system design for motor vehicles in road trains)
• rule 138(1) and (3) (braking system design for trailers in B‑doubles or road trains)
• rule 155(1) and (2) (speed limiting).
 The following provisions of the Vehicle Standards apply to a vehicle instead of the corresponding ADR requirement:
• rule 44(5) and (6) (window tinting)
• rules 51 and 52 (tyre speed category requirements)
• rule 115 (warning lights and signs on buses carrying children)
• rule 118(4) (display of certain lights and reflectors).
• Subrule 169(b) (attachment of couplings and drawbar eyes on road trains).
 Subrule 34(6) (horns,