Statutory Rules 1989 No. 202

Motor Vehicle Standards Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Motor Vehicle Standards Act 1989.

Dated 31 July 1989.

BILL HAYDEN

Governor-General

By His Excellency's Command,

R. J. Brown

Minister of State for Land Transport

and Shipping Support

Citation

1. These Regulations may be cited as the Motor Vehicle Standards Regulations.

Commencement

2. These Regulations commence on 1 August 1989.

Interpretation

"the Act" means the Motor Vehicle Standards Act 1989.

Arrangements under sections 9 and 10 of the Act—procedures

4. (1) A person may apply in writing to the Minister for approval of procedures in relation to a matter referred to in paragraph 9 (a), (b), (c) or (d) or section 10 of the Act.

(S.R. 224/89)-Cat. No. 14/24.7.1989

(2) If the procedures are in respect of a matter that is relevant to determining whether national standards are satisfied by road vehicles, the Minister may approve them.

(3) Where the Minister approves procedures under subregulation (2), the Minister shall cause the name of the applicant, the fact that procedures have been approved and where copies of the procedures may be obtained to be notified in the Gazette.

(4) Where the Minister approves a procedure in relation to a particular matter the Minister is not required to approve alternative procedures in relation to that matter.

Arrangements under section 10 of the Act—applications and authority to place compliance plates on road vehicles

5. (1) Application may be made to the Minister for authority to place a compliance plate on a road vehicle, or on road vehicles of a particular type, specified in the application.

(2) An application must be in accordance with the approved form and must be accompanied by information, including any information that would indicate compliance with any relevant procedures approved under regulation 4, sufficient to establish whether the road vehicle, or each road vehicle of a particular type, complies with the national standards.

(3) Application may be made under subregulation (1) to vary an application under that subregulation.

(4) In the case of an application in respect of a single road vehicle, if the vehicle complies with the national standards the Minister must authorise the placing of a compliance plate on that vehicle.

(5) In the case of an application in respect of road vehicles of a particular type, if road vehicles of that type comply with the national standards the Minister may authorise the placing of compliance plates on vehicles of that type.

(6) Where a road vehicle upon which a compliance plate is placed is altered, whether or not, as altered, it is required to comply with additional national standards, the Minister may require a further application under subregulation (1) to be made in respect of that vehicle and may authorise the applicant to place a further compliance plate on the vehicle.

(7) An authority under subregulation (4), (5) or (6) may be subject to written conditions determined by the Minister, being conditions in relation to:

(8) Where, in respect of a road vehicle, a condition of an authority under subregulation (4), (5) or (6) is not complied with, the person to

whom the authority was given is to be regarded as having placed a compliance plate on the vehicle otherwise than in accordance with the arrangements made under section 10 of the Act.

Placing of compliance plates on road vehicles during manufacture

6. Where:

a compliance plate may, as part of the manufacturing process, be placed on that partly assembled vehicle.

Inspection of vehicles

7. (1) A person to whom an authority to place compliance plates on road vehicles of a particular type has been given must, at the request of the Minister, before the first vehicle of that type is supplied to the market, make available to the Minister for inspection and testing a vehicle of that type.

(2) If:

the person is to be regarded as having placed a compliance plate otherwise than in accordance with the arrangements made under section 10 of the Act on each such vehicle supplied to the market.

Nonstandard road vehicles—prescribed circumstance relating to identification plates

8. (1) In respect of a road vehicle that does not comply with the national standards, the Minister, after taking into account:

may, upon application by a person in accordance with the approved form, authorise the placing of an identification plate, in such form and containing such information as the Minister determines, on the vehicle.

(2) Where the Minister has, under subregulation (1), authorised the placing of an identification plate on a vehicle, that is a prescribed

circumstance for the purposes of paragraphs 14 (2) (a) and 15 (2) (a) of

the Act.

Nonstandard road vehicles—importation

9. (1) A person may apply to the Minister for approval to import a nonstandard road vehicle.

(2) The Minister may, by signed instrument, approve the importation, whether generally or in specified circumstances, of a nonstandard road vehicle.

(3) An approval under subregulation (2) may be subject to conditions specified in the instrument of approval.

(4) The granting of an approval under subregulation (2) is, in respect of a vehicle to which the approval relates, a prescribed circumstance for the purposes of paragraph 20 (1) (b) of the Act.

(5) Where a road vehicle:

that is a prescribed circumstance for the purposes of paragraph 20 (1) (b) of the Act.

(6) The Minister may, as a condition of the importation of a nonstandard road vehicle, require that an identification plate in such form and containing such information as the Minister determines be placed on the vehicle.

Nonstandard road vehicles—prescribed circumstance relating to design

10. (1) Where:

that is a prescribed circumstance for the purpose of paragraph 14 (2) (a), 15 (2) (a) or 20 (1) (b) of the Act, as the case requires.

(2) An approval under paragraph (1) (b) may be subject to written conditions determined by the Minister, being conditions relating to safety or emissions or to the placing of an identification plate on the vehicle.

Road trailers not exceeding 4.5 tonnes—prescribed circumstance

11. Where:

that is a prescribed circumstance for the purposes of paragraphs 14 (2) (a), 15 (2) (a), 16 (2) (a) and 20 (1) (b) of the Act.

Approval of certain vehicles, components etc. as complying with particular national standards

12. (1) Application may be made to the Minister for approval of:

being an approval that states that the component, road vehicle or partly assembled road vehicle, as the case requires, complies with particular national standards or relevant parts of particular national standards.

(2) The Minister may, by signed instrument, approve:

being an approval that states that the component, road vehicle or partly assembled road vehicle, as the case requires, complies with the particular national standards specified in the approval or with relevant parts of particular national standards.

(3) An approval under subregulation (2) may be used to support an application for authority to place a compliance plate on a road vehicle, or on road vehicles of a particular type.

(4) Application may be made to vary an application made under subregulation (1) or an approval under subregulation (2).

(5) An application under subregulation (1) or (4) must be in accordance with an approved form and is to be accompanied by material sufficient to establish compliance with the national standards or relevant parts of national standards in relation to which the application is made.

Information to be provided

13. (1) Where the Minister has authorised a person to place compliance plates on road vehicles of a particular type or has, upon application by a person, approved a vehicle component of a particular type, the Minister may, from time to time, require the person to furnish the Minister with information sufficient to establish whether new vehicles or new components of that type continue to comply with the national standards applicable to them.

(2) A person must comply with a requirement of the Minister under subregulation (1).

Penalty: $1,000.

(3) Where the Minister has authorised a person to place compliance plates on road vehicles of a particular type and:

the person to whom the authority was given is to be regarded as having placed a compliance plate on a vehicle otherwise than in accordance with the arrangements made under section 10 of the Act.

Fees

14. There is payable to the Commonwealth in respect of a matter specified in Column 2 of the Schedule in an item in that Schedule the fee specified in Column 3 of that Schedule in that item.

Delegation by Minister

15. The Minister may by signed instrument delegate to the Administrator, or to any other person holding, or performing the duties of, a Senior Executive Service Office within the meaning of the Public Service Act 1922, being an office in the Department, all or any of the Minister's functions or powers under these Regulations.

Saving—approvals given before the commencement of these Regulations

16. (1) Where, before the commencement of section 10 of the Act, an approval was given by the body known as the Australian Motor Vehicle Certification Board to place compliance plates on a road vehicle, or on road vehicles of a particular type, that approval is to be taken to be an authority given by the Minister under subregulation 5 (4), (5) or (6), as the case requires.

(2) A compliance plate placed on a vehicle under an approval referred to in subregulation (1) is to be regarded as a compliance plate placed on that vehicle. under the Act in accordance with these Regulations.

(3) Where, before the commencement of section 10 of the Act. an approval was given by the body known as the Australian Motor Vehicle Certification Board stating that a vehicle component, a road vehicle, or a party assembled road vehicle complies with particular national standards, that approval is to be taken to be an approval given by the Minister under subregulation 12 (2).

SCHEDULE Regulation 13

FEES

NOTE

1. Notified in the Commonwealth of Australia Gazette on 31 July 1989.

Printed by Authority by the Commonwealth Government Printer