Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:128:p1
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 128 (pt 1/3)
Character Range: 172521–175307

128  Variant of a model of a road vehicle
 (1) Subject to subsection (2), road vehicles of a particular kind constitute a variant of a model of a road vehicle if their design characteristics are significantly different from those of other vehicles of that model of road vehicle.
 (2) If no vehicles of a model of road vehicle would satisfy subsection (1)—that model of road vehicle is taken to be a variant of a model of road vehicle.
Example: There may be no significant differences in the design characteristics of the various vehicles in a particular model of road vehicle. For example, certain vehicles of that model may have some additional cosmetic features, but no further differences from other vehicles of the same model. In that case, the model itself will be considered a variant, and all vehicles of that model will be specimens of the same variant.
 (3) Without limiting subsection (1), differences in the following design characteristics of road vehicles with a gross vehicle mass of 12 tonnes or less are significant for the purposes of subsection (1):
 (a) the configuration or induction of an internal combustion engine;
 (b) the type of motive power driving the engine or motor;
 (c) the transmission or drivetrain system;
 (d) the body shape;
 (e) the vehicle category;
 (f) where the application is made on the basis of the mobility criterion in section 132—features designed to assist people with a disability;
 (g) differences of a kind set out in a determination under subsection 136(1).
Example 1: For paragraph 128(3)(b), 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 vehicles of the relevant model 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.
Example 2: For paragraph 128(3)(c), the variant's transmission system will be significantly different from that of other vehicles of the relevant model of road vehicle if vehicles of that variant have a different number of gears, or have a manual gear transmission where other relevant vehicles have an automatic gear transmission.
 The variant's drivetrain system will be significantly different from that of other vehicles of the relevant model of road vehicle if vehicles 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