Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021

I, Michael McCormack, Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development, make the following determination.

Dated     25/3/2021

 

Michael McCormack

Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

   

 

 

Contents

Part 1—Introduction

Division 1—Preliminary

1  Name 

2  Commencement

3  Authority

4  Purpose of this instrument

Division 2—Definitions

5  Definitions

6  Definition of entry pathway sub-category

Part 2—Information that must be included on the RAV

Division 1—Information required for all vehicles entered on the RAV

7  Purpose of this Division

8  Information that must be included on RAV—all vehicles entered on RAV

Division 2—Information required—type approval pathway

9  Purpose of this Division

10  Information that must be included on RAV—vehicles entered on RAV via the type approval pathway

Division 3—Information required—concessional RAV entry approval pathway

11  Purpose of this Division

12  Information that must be included on RAV—vehicles entered on RAV via the concessional RAV entry approval pathway

Part 3—Information on RAV that may be made publicly available

13  Purpose of this Part

14  Information that may be made publicly accessible

Part 1Introduction

Division 1Preliminary

1  Name

  This instrument is the Road Vehicle Standards (Information on the Register of Approved Vehicles) Determination 2021.

2  Commencement

  This instrument commences at the same time as section 15 of the Road Vehicle Standards Act 2018.

3  Authority

  This instrument is made under section 12 of the Road Vehicle Standards Rules 2019.

4  Purpose of this instrument

  For the purposes of section 12 of the Rules, this instrument sets out:

 (a) the information that must be included on the RAV in relation to a vehicle; and

 (b) the information on the RAV that may be made publicly accessible under section 10 of the Rules.

Note:          Paragraphs 8(a)-(d) of the Rules set out other information that must be entered on the RAV in relation to a vehicle, while paragraphs 10(a)-(c) set out other information on the RAV that must be made publicly accessible.

 


Division 2Definitions

5  Definitions

Note 1: A number of expressions used in this instrument are defined in the Rules, including the following:

(a) aggregate trailer mass;

(b) gross vehicle mass;

(c) RAW approval.

Note 2: A number of expressions used in this instrument are defined in the Road Vehicle Standards Act 2018, including the following:

(a) 1958 Agreement;

(b) RAV.

 (1) In this instrument:

added by’ number, in relation to a vehicle, means the identification number assigned by the National Exchange of Vehicle and Driver Information System to the person who submits the vehicle for entry on the RAV.

‘authorised by’ name, in relation to a vehicle, means the name of the person who:

 (a) is authorised under section 9 of the Rules to enter information in relation to the vehicle on the RAV; and

 (b) enters that information on the RAV.

Note: The holder of an AVV approval may enter information in relation to a vehicle on the RAV in certain cases. AVV approvals may only be granted to corporations. Where information in relation to a vehicle is entered on the RAV by the holder of an AVV approval, the ‘authorised by’ name is the name of the corporation.

authorised by number, in relation to a vehicle, means the Authorised Entity Number assigned by the National Exchange of Vehicle and Driver Information System to the person who:

 (a) is authorised under section 9 of the Rules to enter information in relation to the vehicle on the RAV; and

 (b) enters that information on the RAV.

B-Double capable, in relation to a heavy goods vehicle (NC), means that the vehicle:

 (a) is designed to operate in B-Double configuration; and

 (b) complies with the applicable requirements of Vehicle Standard (Australian Design Rule 64/00Heavy Goods Vehicles Designed for Use in Road Trains and B-Doubles) 2006, as in force at the date on which the road vehicle type approval or concessional RAV entry approval that applies to the vehicle was granted.

build date means:

 (a) for an older vehicle—the date mentioned in subsection 36(2) of the Rules; and

 (b) for any other vehicle—the date on which the vehicle was substantially completed;

expressed in the format mm/yyyy.

entry pathway sub-category: see section 6.

make means the vehicle make specified in the road vehicle type approval or concessional RAV entry approval that applies to the vehicle.

maximum engine power means the maximum value of net power at full engine load.

model means the vehicle model specified in the road vehicle type approval or concessional RAV entry approval that applies to the vehicle.

road train capable, in relation to a heavy goods vehicle (NC) or trailer, means that the vehicle:

 (a) is designed for use in a road train; and

 (b) complies with the applicable requirements of:

 (i) Vehicle Standard (Australian Design Rule 63/00Trailers Designed for Use in Road Trains) 2006; or

 (ii) Vehicle Standard (Australian Design Rule 64/00Heavy Goods Vehicles Designed for Use in Road Trains and B-Doubles) 2006;

  as in force at the date on which the road vehicle type approval or concessional RAV entry approval that applies to the vehicle was granted.

Regulation 85 means the technical requirements of the United Nations Regulation No. 85—UNIFORM PROVISIONS CONCERNING THE APPROVAL OF INTERNAL COMBUSTION ENGINES OR ELECTRIC DRIVE TRAINS INTENDED FOR THE PROPULSION OF MOTOR VEHICLES OF CATEGORIES M AND N WITH REGARD TO THE MEASUREMENT OF NET POWER AND THE MAXIMUM 30 MINUTES POWER OF ELECTRIC DRIVE TRAINS, as in existence from time to time. 

Note: The United Nations Regulations could, in 2021, be viewed on the United Nations Economic Commission for Europe website (https://www.unece.org).

Rules means the Road Vehicle Standards Rules 2019.

older vehicle means a road vehicle to which subsection 36(1) of the Rules applies.

 (2) The following expressions have the same meaning as in the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005:

 (a) B-Double;

 (b) gross combination mass;

 (c) gross trailer mass;

 (d) road train;

 (e) seating capacity;

 (f) tare mass;

 (g) tare mass of an L-Group vehicle;

 (h) trailer;

 (i) heavy goods vehicle;

 (j) vehicle category code.

Note: Other expressions used in this instrument may also have the same meaning as in that vehicle standard.

 (3) In this instrument, vehicle category includes a subcategory of vehicle category set out in the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005.

Note: Vehicle category is defined in the Rules to have the same meaning as in the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005, subject to certain modifications. Relevantly, it does not include a subcategory of vehicle category except where expressly stated in, or impliedly required by, road vehicle legislation.

This instrument is ‘road vehicle legislation’ for the purposes of paragraph (g) of the definition of that term in section 5 of the Rules. Sections 10 and 12 of this instrument refer to various subcategories of vehicle.

6  Definition of entry pathway sub-category

 (1) Entry pathway sub-category means the sub-category set out in this section that applies to the vehicle.

Note: The entry pathway sub-category indicates the basis on which the type approval or concessional RAV entry approval that applies to the vehicle was granted. 

Entry-pathway subcategories—type approval pathway

 (2) Subsection (3) or (4) does not apply to a vehicle if subsection (5) applies to the vehicle.

 (3) The type approval—standard sub-category applies to a vehicle if:

 (a) the vehicle is to be entered on the RAV via the type approval pathway; and

 (b) the road vehicle type approval that applies to the vehicle was granted on the basis of the matter in:

 (i) subparagraph 19(1)(a)(i) of the Rules; or

 (ii) paragraph 19(3)(a) and subparagraph 19(3)(b)(i) of the Rules.

Note: Subparagraph 19(1)(a)(i) of the Rules allows the Secretary to grant a type approval in respect of a type of vehicle where he or she is satisfied (among other things) that the type of vehicle complies with the applicable national road vehicle standards, as in force at the time the Secretary decides the application.

 Paragraph 19(3)(a) and subparagraph 19(3)(b)(i) of the Rules allow the Secretary to grant a type approval in respect of a type of vehicle where he or she is satisfied that (among other things) the type of vehicle substantially complies with the applicable national road vehicle standards as in force at the time the Secretary decides the application, and the non-compliance is only in minor and inconsequential respects.

 (4) The type approval—non-standard sub-category applies to a vehicle if:

 (a) the vehicle is to be entered on the RAV via the type approval pathway; and

 (b) the road vehicle type approval that applies to the vehicle was granted on the basis of the matter in paragraph 19(3)(a) and subparagraph 19(3)(b)(ii) of the Rules.

Note: Paragraph 19(3)(a) and subparagraph 19(3)(b)(ii) of the Rules allow the Secretary to grant a type approval in respect of a type of vehicle where he or she is satisfied that (among other things) the type of vehicle substantially complies with the applicable national road vehicle standards, as in force at the time the Secretary decides the application, and the vehicle complies with those standards to an extent that makes it suitable for use on a public road in Australia.

 (5) The type approval—second stage of manufacture sub-category applies to a vehicle (the SSM vehicle) where:

 (a) a vehicle (the base vehicle) was entered on the RAV via the type approval pathway; and

 (b) the base vehicle underwent second stage of manufacture in accordance with the supporting information for the applicable road vehicle type approval before being provided to a consumer for the first time in Australia; and

 (c) the vehicle, following the second stage of manufacture (the SSM vehicle), is to be entered on the RAV via the type approval pathway.

Entry-pathway subcategories—concessional RAV entry approval pathway

 (6) The RAWs concessional—Specialist and Enthusiast Vehicle sub-category applies to a road vehicle if:

 (a) the vehicle is to be entered on the RAV via the concessional RAV entry approval pathway; and

 (b) the vehicle is covered by an entry on the SEVs Register; and

 (c) the concessional RAV entry approval that applies to the vehicle was granted on the basis of the eligibility criterion in section 37 of the Rules.

Note: The eligibility criterion in section 37 of the Rules, in broad terms, applies to vehicles that must be modified or manufactured by the holder of a RAW approval before they can be entered on the RAV. A vehicle covered by an entry on the SEVs Register is capable of satisfying this criterion (see subparagraph 37(a)(i) of the Rules).

 (7) The RAWs concessional—used motorcycle full compliance sub-category applies to a road vehicle if:

 (a) the vehicle is to be entered on the RAV via the concessional RAV entry approval pathway; and

 (b) the vehicle is a used two-wheeled vehicle or a used three-wheeled vehicle; and

 (c) the concessional RAV entry approval that applies to the vehicle was granted on the basis of the eligibility criterion in section 37 of the Rules.

Note: The eligibility criterion in section 37 of the Rules, in broad terms, applies to vehicles that must be modified or manufactured by the holder of a RAW approval before they can be entered on the RAV. A used two-wheeled vehicle or a used three-wheeled vehicle is capable of satisfying this criterion (see subparagraph 37(a)(ii) of the Rules).

 (8) The RAWs concessional—second stage of manufacture sub-category applies to a road vehicle if:

 (a) the vehicle is to be entered on the RAV via the concessional RAV entry approval pathway; and

 (b) the vehicle is a road vehicle that:

 (i) is entered on the RAV via the type approval pathway; and

 (ii) has not been provided to a consumer for the first time in Australia; and

 (iii) has been, is currently undergoing or will be subject to second stage of manufacture before being so provided; and

 (c) the concessional RAV entry approval that applies to the vehicle was granted on the basis of the eligibility criterion in section 37 of the Rules.

Note: The eligibility criterion in section 37 of the Rules, in broad terms, applies to vehicles that must be modified or manufactured by the holder of a RAW approval before they can be entered on the RAV. Certain type-approved road vehicles that are subject to second stage of manufacture are capable of satisfying this criterion (see subparagraph 37(a)(iii) of the Rules).

 (9) The concessional—trailers sub-category applies to a road vehicle if:

 (a) the vehicle is to be entered on the RAV via the concessional RAV entry approval pathway; and

 (b) the concessional RAV entry approval that applies to the vehicle was granted on the basis of the eligibility criterion in section 40 of the Rules.

Note: Section 40 of the Rules sets out the eligibility criterion under which a trailer may obtain a concessional RAV entry approval.  

 (10) The concessional—older vehicle sub-category applies to a road vehicle if:

 (a) the vehicle is to be entered on the RAV via the concessional RAV entry approval pathway; and

 (b) the concessional RAV entry approval that applies to the vehicle was granted on the basis of the eligibility criterion in section 36 of the Rules.

Note: The eligibility criterion in section 36 of the Rules applies to older vehicles. An older vehicle is a vehicle that has a relevant build date that is at least 25 years before the date of the person’s application for a concessional RAV entry approval, and falls within one of the vehicle categories set out in paragraph 36(1)(a) of the Rules. 

 (11) The concessional—special purpose vehicle sub-category applies to a road vehicle if:

 (a) the vehicle is to be entered on the RAV via the concessional RAV entry approval pathway; and

 (b) the concessional RAV entry approval that applies to the vehicle was granted on the basis of the eligibility criterion in section 38 of the Rules.

Note: The eligibility criterion in section 38 of the Rules applies, in broad terms, to a vehicle that could not operate for the purpose for which it was designed if it fully complied with the applicable national road vehicle standards in force at the relevant time, but nonetheless complies with those standards to an extent that makes it suitable for use on a public road in Australia.

 (12) The concessional—personal effects sub-category applies to a road vehicle if:

 (a) the vehicle is to be entered on the RAV via the concessional RAV entry approval pathway; and

 (b) the concessional RAV entry approval that applies to the vehicle was granted on the basis of the eligibility criterion in section 39 of the Rules.

Note: The eligibility criterion in section 39 of the Rules applies, in broad terms, to a vehicle that a person becomes the owner of while living outside Australia on a permanent basis. Where the person arrives in Australia with the intention of living there indefinitely (in addition to meeting other requirements), they may seek to import the vehicle as part of their personal effects.

 (13) The concessional—road vehicle suitable for entry on RAV sub-category applies to a road vehicle if:

 (a) the vehicle is to be entered on the RAV via the concessional RAV entry approval pathway; and

 (b) the concessional RAV entry approval that applies to the vehicle was granted on the basis of the eligibility criterion in section 41 of the Rules.

Note: The eligibility criterion in section 41 of the Rules applies to a road vehicle where the Minister is satisfied that the vehicle is suitable for entry on the RAV.


Part 2Information that must be included on the RAV

Division 1Information required for all vehicles entered on the RAV

7  Purpose of this Division

  For the purposes of paragraph 12(1)(a) of the Rules, this Division sets out the information that must be included on the RAV in relation to all vehicles entered on the RAV.

8  Information that must be included on RAV—all vehicles entered on RAV

  The following information must be included on the RAV in relation to all vehicles entered on the RAV:

 (a) the make;

 (b) the model;

 (c) the build date;

 (d) the ‘authorised by’ name;

 (e) the ‘authorised by’ number;

 (f) the ‘added by’ number;

 (g) the entry pathway sub-category.

Note: Paragraphs 8(a)-(d) of the Rules set out further information that must be entered on the RAV in relation to such vehicles. A vehicle is only on the RAV if the information set out in those paragraphs, and the information required to be entered on the RAV by this determination, is entered on the RAV in relation to the vehicle.


Division 2Information requiredtype approval pathway

9  Purpose of this Division

  For the purposes of paragraph 12(1)(a) of the Rules, this Division sets out the information that must be included on the RAV in relation to vehicles entered on the RAV via the type approval pathway.

Note 1: The requirements of this Division are additional to the requirements of Division 1. 

Note 2: Subsection 12(2) of the Rules provides that this instrument may specify different information to be included on the RAV in relation to different kinds of vehicles or different entry pathways. 

10  Information that must be included on RAV—vehicles entered on RAV via the type approval pathway

  Information must be included on the RAV in relation to a vehicle entered on the RAV via the type approval pathway if:

 (a) the vehicle falls within a vehicle category specified in an item in column 1 of the table; and

 (b) the information is specified in an item in column 2 of the table.

Note: Vehicle category is defined in the Rules to have the same meaning as in the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005, subject to certain modifications (see subsection 5(3) of this instrument). That vehicle standard denotes each vehicle category and sub-category by means of a two or three-character code. The table below refers to those codes.  

 

Information required for vehicles entered on the RAV via the type approval pathway

Item

Column 1

Vehicle category

Column 2

Type of information

1

All vehicle categories

Vehicle category code

2

(a) MD1;

(b) MD2;

(c) MD3;

(d) MD4;

(e) ME;

(f) NA;

(g) NB1;

(h) NB2;

(i) NC

Gross vehicle mass

3

(a) TA;

(b) TB;

(c) TC;

(d) TD

Aggregate trailer mass

4

(a) TA;

(b) TB;

(c) TC;

(d) TD

Gross trailer mass

5

(a) LA;

(b) LB;

(c) LC;

(d) LD;

(e) LEM;

(f) LEP;

(g) LEG

Tare mass of an L-Group vehicle

6

(a) MA;

(b) MB;

(c) MC;

(d) TA;

(e) TB;

(f) where the aggregate trailer mass is 4.5 tonnes or less—TC

Tare mass

7

(a) LA;

(b) LB;

(c) LC;

(d) LD;

(e) LEM;

(f) LEP;

(g) LEG;

(h) MA;

(i) MB;

(j) MC

Maximum engine power:

(a) for vehicle categories MA, MB and MC—rounded to the nearest kilowatt; and

(b) for other vehicle categories—rounded to one decimal place

 

 

8

(a) LA;

(b) LB;

(c) LC;

(d) LD;

(e) LEM;

(f) LEP;

(g) LEG;

(h) MA;

(i) MB;

(j) MC;

(k) MD1;

(l) MD2;

(m) MD3;

(n) MD4;

(o) ME;

(p) NA;

(q) NB1;

(r) NB2;

(s) NC

Seating capacity

9

NC

Gross combination mass

10

(a) NC;

(b) TC;

(c) TD

Road train capable (yes or no)

11

NC

B-Double capable (yes or no)


Division 3Information requiredconcessional RAV entry approval pathway

11  Purpose of this Division

  For the purposes of paragraph 12(1)(a) of the Rules, this Division sets out the information that must be included on the RAV in relation to vehicles entered on the RAV via the concessional RAV entry approval pathway.

Note 1: The requirements of this Division are additional to the requirements of Division 1. 

Note 2: Subsection 12(2) of the Rules provides that this instrument may specify different information to be included on the RAV in relation to different kinds of vehicles or different entry pathways. 

12  Information that must be included on RAV—vehicles entered on RAV via the concessional RAV entry approval pathway

  Information must be included on the RAV in relation to a vehicle entered on the RAV via the concessional RAV entry approval pathway if:

 (a) the vehicle falls within a vehicle category specified in an item in column 1 of the table; and

 (b) the vehicle falls within an entry pathway sub-category specified in an item in column 2 of the table; and

 (c) the information is specified in an item in column 3 of the table.

Note: Vehicle category is defined in the Rules to have the same meaning as in the Vehicle Standard (Australian Design Rule - Definitions and Vehicle Categories) 2005, subject to certain modifications (see subsection 5(3) of this instrument). That vehicle standard denotes each vehicle category or sub-category by means of a two or three-character code. The table below refers to those codes. 

 

Information required for vehicles entered on the RAV via the concessional RAV entry approval pathway

Item

Column 1

Vehicle category

Column 2

Entry pathway sub-category

Column 3

Type of information

1

All vehicle categories

All applicable entry pathway sub-categories

The approval number for the concessional RAV entry approval that applies to the vehicle

2

All vehicle categories

 

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—used motorcycle full compliance; or

(c) RAWs concessional—second stage of manufacture

The name of the holder of the RAW approval that modified or manufactured the vehicle in accordance with the requirements set out in an approved Model Report that applied to the vehicle

3

(a) MD1;

(b) MD2;

(c) MD3;

(d) MD4;

(e) ME;

(f) NA;

(g) NB1;

(h) NB2;

(i) NC

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—second stage of manufacture

Gross vehicle mass

4

(a) TA;

(b) TB;

(c) TC;

(d) TD

All applicable entry pathway sub-categories

Aggregate trailer mass

5

(a) TA;

(b) TB;

(c) TC;

(d) TD

All applicable entry pathway sub-categories

Gross trailer mass

6

(a) MA;

(b) MB;

(c) MC

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—second stage of manufacture

Tare mass

7

(a) TA;

(b) TB;

(c) where the aggregate trailer mass is 4.5 tonnes or less—TC

Concessional—trailers

Tare mass

 

 

8

(a) LA;

(b) LB;

(c) LC;

(d) LD;

(e) LEM;

(f) LEP;

(g) LEG

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—used motorcycle full compliance; or

(c) RAWs concessional—second stage of manufacture

Tare mass of an L-Group vehicle

9

 

(a) LA;

(b) LB;

(c) LC;

(d) LD;

(e) LEM;

(f) LEP;

(g) LEG;

(h) MA;

(i) MB;

(j) MC

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—used motorcycle full compliance; or

(c) RAWs concessional—second stage of manufacture

Maximum engine power:

(a) for vehicle categories MA, MB and MC—rounded to the nearest kilowatt; and

(b) for other categories—rounded to one decimal place

 

10

(a) LA;

(b) LB;

(c) LC;

(d) LD;

(e) LEM;

(f) LEP;

(g) LEG;

(h) MA;

(i) MB;

(j) MC;

(k) MD1;

(l) MD2;

(m) MD3;

(n) MD4;

(o) ME;

(p) NA;

(q) NB1;

(r) NB2;

(s) NC

All applicable entry pathway sub-categories

Seating capacity

11

NC

 

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—second stage of manufacture

Gross combination mass

12

NC

 

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—second stage of manufacture

Road train capable (yes or no)

13

(a) TC;

(b) TD

All applicable entry pathway sub-categories

Road train capable (yes or no)

14

NC

 

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—second stage of manufacture

B-Double capable (yes or no)

15

All vehicle categories

 

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—used motorcycle full compliance; or

(c) RAWs concessional—second stage of manufacture

The approval number for the Model Report that the road vehicle was modified or manufactured in accordance with

 

16

All vehicle categories

(a) RAWs concessional—Specialist and Enthusiast Vehicle; or

(b) RAWs concessional—used motorcycle full compliance; or

(c) RAWs concessional—second stage of manufacture; or

(d) concessional—trailers

Vehicle category code

Note: For items 2 and 15 of the table—the effect of paragraph 48(a) of the Rules is that a vehicle that falls within an entry pathway sub-category mentioned in column 2 cannot be entered on the RAV until it has been manufactured or modified by the holder of a RAW approval in accordance with the requirements set out in an approved Model Report that applied to the vehicle at the relevant time.

Items 2 and 15 require the name of the holder of the RAW approval, and the approval number for the Model Report, to be included on the RAV.


Part 3Information on RAV that may be made publicly available  

13  Purpose of this Part

  For the purposes of paragraph 12(1)(b) of the Rules, this Part sets out the information on the RAV that may be made publicly accessible under section 10 of the Rules.

Note: Section 10 of the Rules requires the Secretary to make certain information on the RAV available on a publicly accessible website. Paragraphs 10(a)-(c) of the Rules set out other information on the RAV that must be made publicly accessible in relation to a vehicle on the RAV (in addition to the information set out in this instrument).

14  Information that may be made publicly accessible

 (1) Subject to subsection (2), the information specified in sections 8, 10 and 12 may be made publicly accessible.

 (2) The following information must not be made publicly accessible:

 (a) an ‘authorised by’ number;

 (b) an ‘added by’ number.