Document ID: chunk:federal_register_of_legislation:F2023C00871:reg:10:p1
Version: federal_register_of_legislation:F2023C00871
Segment Type: reg
Provision Reference: reg 10 (pt 1/2)
Character Range: 12119–14606

10  Applicable ADRs—vehicles entered on the SEVs Register (GVM ≤ 12 tonnes): less than 25 years old
 (1) This section applies to a vehicle that:
 (a) is manufactured or modified in accordance with a Model Report that applies to a model, or one or more variants, of a road vehicle that:
 (i) is entered on the SEVs Register; and
 (ii) has a gross vehicle mass of 12 tonnes or less; and
 (b) was originally manufactured less than 25 years before the day on which it is to be modified in accordance with the Model Report.

When is an ADR an applicable ADR?
 (2) An ADR is an applicable ADR in respect of the vehicle:
 (a) if the ADR's applicability date for vehicles in the relevant vehicle category falls on or before the date of original manufacture for the vehicle; or
 (b) where the ADR sets out a new model applicability date for vehicles in the relevant vehicle category—if the build date range for the relevant model or variant starts on or after the new model applicability date; or
 (c) to the extent that a standard mentioned in paragraph (a) or (b):
 (i) requires the vehicle to also comply with the ADR; or
 (ii) permits the vehicle to comply with the ADR as an alternative to complying with the standard or part thereof, and the vehicle does so.

ADR is not an applicable ADR if vehicle complies with later version
 (3) An ADR is not an applicable ADR in respect of the vehicle if the vehicle complies with a later version of the ADR.
Example: ADR 31 sets out standards relating to brake systems for passenger cars. For MA category vehicles, ADR 31/03 applies to the design and construction of new models from 1 November 2015, and all models from 1 November 2016.
For MA category vehicles, ADR 31/04 is applicable to new models from 1 July 2019. There is no all model applicability date, and relevant vehicles could comply with ADR 31/04 or continue to comply with ADR 31/03.
A Model Report applies to a model or variant of MA category vehicle with a build date range of 1 December 2014 to 1 July 2019. A vehicle to which the Model Report applies would not be considered a new model for the purposes of either ADR, as the start of the build date range falls before the new model applicability date.
The Model Report applies to vehicles manufactured over the entire build date range. Only those vehicles with a date of original manufacture of 1 November 2016 or later would need to comply with ADR 31/03. ADR 31/04 would not be applicable to any of the vehicles. This is because