Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:128:p2
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 128 (pt 2/3)
Character Range: 175034–177790

of that variant are front‑wheel drive where other relevant vehicles are rear‑wheel drive.
Example 3: For paragraph 128(3)(d), the variant's design characteristics will be significantly different from those of other vehicles of the relevant model of road vehicle if vehicles of that variant have a different number of doors, or have a sedan body shape where other relevant vehicles have a hatchback body shape.
 (4) Differences in only one of the following design characteristics of road vehicles with a gross vehicle mass of 12 tonnes or less are not significant for the purposes of subsection (1):
 (a) colour, upholstery, trim or other cosmetic features;
 (b) where the relevant vehicles have the same type of engine—engine tuning or software;
 (c) marketing name;
 (d) differences of a kind set out in a determination under subsection 136(1).
Note: Such vehicles' design characteristics may nonetheless be significantly different from those of other vehicles of the relevant model of road vehicle if differences exist in more than one of the design characteristics set out in subsection (4).
 (5) Without limiting subsection (1), differences in the following design characteristics of vehicles with a gross vehicle mass of more than 12 tonnes are significant for the purposes of subsection (1):
 (a) the type of motive power driving the engine or motor;
 (b) where the application is made on the basis of the mobility criterion in section 132—features designed to assist people with a disability;
 (c) differences of a kind set out in a determination under subsection 136(1).
Example: For paragraph 128(5)(a), the type of motive power driving the engine or motor of the variant will be significantly different from that of other vehicles of the relevant model of road vehicle if the variant is a plug‑in hybrid vehicle where other relevant vehicles are hybrids. However, road vehicles of a particular kind would not constitute a variant under paragraph 128(3)(b) by virtue of the fact that they operate on unleaded petrol where other relevant vehicles operate on premium unleaded petrol.
 (6) Differences in only one of the following design characteristics of road vehicles with a gross vehicle mass of more than 12 tonnes are not significant for the purposes of subsection (1):
 (a) colour, upholstery, trim or other cosmetic features;
 (b) where the relevant vehicles have the same type of engine—engine tuning or software;
 (c) marketing name;
 (d) differences of a kind set out in a determination under subsection 136(1).
Note: Such vehicles' design characteristics may nonetheless be significantly different from those of the relevant model of road vehicle if differences exist more than one of the design characteristics set out in subsection (6).