Document ID: chunk:federal_register_of_legislation:F2016C00773:clause:1_14:p2
Version: federal_register_of_legislation:F2016C00773
Segment Type: clause
Provision Reference: sch 1 cl 14 (pt 2/51)
Character Range: 22423–25057

or consistent with, the Code may also be permitted, but the owner must ensure that the vehicle continues to comply with these Regulations. Road laws provide that vehicles must not be used on a road unless they are in a safe condition.

Part 1—Application of ADRs
Note: This Part sets out how the ADRs and the other requirements in these Standards are applied to various vehicles. Vehicles are required to continue to comply with the relevant ADRs throughout their life but, because the most recent standards are the appropriate ones for today's roads, a vehicle is allowed to meet a more recent standard instead of the one that applied to it when it was built. An earlier standard need not be complied with if it is inconsistent with a later standard dealing with the same thing on the same vehicle, and the vehicle complies with the later standard. Older vehicles are allowed to be fitted with any equipment that is allowed on newer vehicles. As explained in the Introductory Note, modified vehicles must still comply with these Standards.
 The following terms defined in clause 10.6 are used in this Part:
 ADR  prime mover
 GVM  semi‑trailer
 mudguard
 The following terms defined in section 4 of the Act are used in this Part:
 motor vehicle trailer

1.1  Compliance with second edition ADRs
 (1) A vehicle to which a second edition ADR applies must comply with the ADR.
 (2) For the purpose of subclause (1), a second edition ADR applies to a vehicle if the cover sheet of the document containing the standard includes a recommendation by the Australian Transport Advisory Council that vehicles in a category that includes the vehicle:
 (a) comply, or be designed to comply, with the ADR; or
 (b) be equipped with a thing that complies with the ADR; or
 (c) have instruments located so as to comply with the ADR.
 (3) In spite of subclause (1), a vehicle need not comply with a requirement of a second edition ADR if:
 (a) the requirement has been superseded by, or is inconsistent with, a requirement of a third edition ADR; and
 (b) the vehicle complies with the third edition ADR requirement.

1.2  Compliance with third edition ADRs
  A vehicle to which a third edition ADR applies must comply with the ADR.

1.3  Limitations on application of the ADRs
 (1) A vehicle need not comply with an ADR if:
 (a) despite non‑compliance with the ADR, approval has been given, under subsection 10A(2) or 10A(3) of the Motor Vehicle Standards Act 1989, to place identification plates on vehicles of that type; and
 (b) the vehicle complies with the approval conditions (if any).
Note: Section 10A of the Motor Vehicle Standards Act 1989