Document ID: chunk:federal_register_of_legislation:F2016C00521:schedule:1:p1
Version: federal_register_of_legislation:F2016C00521
Segment Type: schedule
Provision Reference: sch 1 (pt 1/4)
Character Range: 4170–6990

Schedule 1—Model legislation for regulation 3
(regulation 3)

Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6

Contents

                                                 Page
1. Name
2. Purpose
3. Approval
4. Regulations being amended by these Regulations
5. Substitution of rule 12
6. Windscreens and windows
7. Performance of braking systems
8. Substitution of rule 148A
9. Widening of Part 11
10. Substitution of rule 154
11. Insertion of rule 154A
Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6

The following provisions are intended to provide the basis for nationally consistent transport laws on the topics with which they deal. They do not, of themselves, have any legal effect.

1.  Name
  These Regulations are the Model Amendments Regulations: Australian Vehicle Standards Rules—Package No. 6.

2.  Purpose
  The purpose of these Regulations is to make miscellaneous amendments to the Australian Vehicle Standards Rules 1999 to update or improve the operation of those Rules.

3.  Approval
  These Regulations were approved by the Australian Transport Council on 1 May 2009.

4.  Regulations being amended by these Regulations
  These Regulations amend the Australian Vehicle Standards Rules 1999.

5.  Substitution of rule 12
  For rule 12 substitute –
"12  Non‑application of Vehicle Standards to ADR‑compliant matters
 (1) A requirement of Parts 5 to 13 does not apply to a vehicle if the requirement is inconsistent with a requirement of a second or third edition ADR that the vehicle complies with (regardless of whether or not the vehicle is required to comply with the ADR requirement).
 (2) Subrule (1) does not apply if the vehicle is not of the same class or type as the vehicles to which the ADR requirement applies.
Example
       As the second and third edition ADR do not apply to a truck built in 1968, the truck must comply with rule 129 ("What braking system a motor vehicle must have"). If the owner of such a truck modified the brakes so that they did comply with the second edition ADR, any requirement in rule 129 in relation to the truck's brakes that was inconsistent with the second edition ADR would no longer apply to the truck.
       However, if the modified brakes only comply with a Rule of the second edition ADR that only applies to passenger cars, then rule 129 does apply, as subrule (1) of rule 12 would not apply as a result of subrule (2), because a truck is not a passenger car.".

6.  Windscreens and windows
  In rule 43(2), in the definition of approved material, in the 5th and 6th dot points, for "Road Vehicle Safety Glass" substitute "Specification for Road Vehicle Safety Glass".

7.  Performance of braking systems
  For rule 128(8) substitute –
 "(8) The parking brake of a vehicle or combination