This instrument is the Road Vehicle Standards (Verification of Road Vehicles) Determination 2021.

This instrument commences on 1 July 2021.

This instrument is made under section 106 of the Road Vehicle Standards Rules 2019.

For the purposes of section 106 of the Rules, this instrument sets out matters relating to the verification of a road vehicle by a corporation as an authorised vehicle verifier.

Division 2—Simplified outline of this instrument

5 Simplified outline of this instrument

Section 106 of the Rules empowers the Minister to determine any matter relating to the verification of a road vehicle by the holder of an AVV approval.

Certain vehicles cannot be entered on the RAV through the concessional RAV entry pathway until they have been manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report, and verified by the holder of an AVV approval (see section 48 of the Rules). The whole of this instrument applies to the verification of road vehicles in this class.

Further, in some cases, a condition may be imposed on an approval granted under the Rules that requires the holder of that approval to have the relevant vehicle verified by the holder of an AVV approval. In such cases, the holder of the AVV approval cannot verify the road vehicle (or modifications thereof) unless it has inspected the vehicle in accordance with the requirements specified in that condition, and is satisfied that the vehicle meets those requirements (see subsection 100(3) of the Rules). Certain parts of this instrument also apply to such verifications (see section 7).

Part 2 sets out the requirements that apply where the holder of an AVV approval is verifying a road vehicle that has been manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report.

Part 3 sets out administrative requirements that apply in relation to all verifications (such as record-keeping obligations), and addresses the kinds of supporting material that the holder of the AVV approval may rely on when deciding whether to verify a road vehicle under the approval.

Part 4 deals with the kinds of equipment that the AVV must use when inspecting vehicles, and sets out requirements relating to the maintenance and calibration of that equipment.

Division 3—Definitions and application

6 Definitions

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

(a) approved Model Report;

(b) AVV approval;

(d) 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) RAV;

(b) road vehicle.

(1) In this instrument, unless the contrary intention appears:

AVV means the holder of an AVV approval.

body alignment test has the meaning given by the determination under section 107 of the Rules.

Model Report, in relation to a vehicle, means the approved Model Report in accordance with which the vehicle was required to be manufactured or modified.

RAW, in relation to a vehicle, means the holder of the RAW approval under which the vehicle was manufactured, or the modifications of the vehicle were made.

Rules means the Road Vehicle Standards Rules 2019.

source market means the market for which a vehicle was originally manufactured.

Example: A vehicle is manufactured in Japan, but designed to be sold in the Australian market. In these circumstances, Australia is the vehicle’s source market.

vehicle means the road vehicle presented to the AVV for verification under the AVV approval.

verification checklist: see paragraph 88(2)(c) of the Rules.

Work Instructions, in relation to a vehicle, means the applicable set of Work Instructions in the approved Model Report in accordance with which the vehicle was required to be manufactured or modified.

(2) The following terms have the same meaning as in the Road Vehicle Standards (Model Reports) Determination 2021:

(a) damage or corrosion check;

(b) deterioration check;

(d) odometer check;

(e) recall check;

(f) scope check;

(g) Vehicle Scope;

(h) Work Instructions.

(3) A vehicle exceeds the deterioration limit in the circumstances described in subsection 4(4) of the Road Vehicle Standards (Model Reports) Determination 2021.

7 Application of this instrument

(1) Subject to subsection (2), this instrument applies to all verifications carried out under an AVV approval.

(2) Part 2 and section 22 apply to the verification of a road vehicle, or of modifications of a road vehicle, under an AVV approval, only where the vehicle is covered by a concessional RAV entry approval granted on the basis of the eligibility criterion in section 37 of the Rules.

Note: Vehicles mentioned in subsection (2) must not be entered on the RAV until they have been manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report, and the holder of an AVV approval has verified the vehicle or modifications thereof (see section 48 of the Rules).

AVV verifications may also be carried out in circumstances mentioned in subsection 100(2) of the Rules. The provisions listed in subsection (2) do not apply to such verifications.

Part 2—Requirements for the verification of vehicles manufactured or modified by RAW

Division 1—Preliminary

8 Simplified outline of this Part

This Part sets out requirements relating to the verification of road vehicles where verification by the holder of an AVV approval is required by virtue of section 48 of the Rules. Such verifications will be conducted after the vehicle has been manufactured or modified by the holder of a RAW approval in accordance with an approved Model Report.

The AVV verification process involves 3 main stages. First, upon presenting a road vehicle to the holder of an AVV approval for verification, the holder of the RAW approval will give the AVV a declaration stating certain things about the vehicle (see paragraph 65(2)(a) of the Rules). The holder of the AVV approval must begin by examining the declaration to determine whether it is true and accurate (see subparagraph 100(1)(a)(ii) of the Rules). Division 2 sets out the circumstances in which the holder of the AVV approval can be satisfied that the declaration is true and accurate.

Second, the holder of the AVV approval must check a number of things about the vehicle based on information provided by the holder of the RAW approval (see Division 3).

Third, the holder of the AVV approval must complete a physical inspection of the vehicle in accordance with the requirements of Division 4.

Division 2—Stage 1: confirming RAW’s declaration

9 Confirming that declaration is true and accurate

(1) This section applies where the AVV has received the signed declaration mentioned in paragraph 65(2)(a) of the Rules from the RAW in relation to the road vehicle, or the modifications of the road vehicle, to be verified under the approval.

Note: The AVV cannot verify the vehicle or modifications unless satisfied, on reasonable grounds, that the declaration is true and accurate.

(2) For subparagraph 100(1)(a)(ii) of the Rules, the AVV may only be satisfied that the declaration is true and accurate where:

(a) the document identifiers of the following Work Instructions are the same:

(i) the relevant Work Instructions of the approved Model Report in accordance with which the vehicle was manufactured, or the modifications of the vehicle were made; and

(ii) the relevant Work Instructions of the approved Model Report to which the copy of the verification checklist provided to the AVV by the Department relates; and

(b) where the RAW claims to be the holder of the relevant Model Report approval—there is supporting material showing that the RAW approval and Model Report approval were issued to the same entity; and

(c) where paragraph (b) does not apply—the declaration mentioned in subsection (1) is accompanied by a written statement from the holder of the Model Report approval authorising the RAW to use the Model Report in the manufacture or modification of:

(i) the vehicle; or

(ii) a class of road vehicles that contains the vehicle; or

(iii) any road vehicle to which the Model Report applies.

10 How to proceed if AVV is not satisfied that declaration is true and accurate

If the AVV is not satisfied that the declaration is true and accurate, the AVV:

(a) must make a record of the reasons for which it is not satisfied of that matter; and

(b) must not proceed to the next stage of the verification.

Division 3—Stage 2: checking information provided by the RAW

11 AVV must check information provided by the RAW

(1) The AVV must examine all relevant information provided by the RAW to determine whether the RAW has completed each check specified in the Work Instructions.

Note: The Rules do not oblige the RAW to provide this information to the AVV. However, the AVV will not be able to assess the matters in subsection (2) if the RAW does not provide sufficient information, and will therefore be unable to proceed with the verification.

(2) The AVV must not proceed to the next stage of the verification if, based on the examination carried out under subsection (1):

(a) the AVV is not satisfied that the RAW has completed each check specified in the Work Instructions; or

(b) the checks conducted by the RAW indicate that one or more of the following circumstances exist:

(i) the vehicle is not covered by the Work Instructions;

(ii) the vehicle was not fitted with the components mentioned in section 17 of the Road Vehicle Standards (Model Reports) Determination 2021 before it was modified;

(iii) the RAW has not correctly carried out each modification, or each stage of manufacture, required by the Model Report;

(iv) if there is a damage or corrosion limit in force under section 107—the level of damage or corrosion, or repair of damage or corrosion, on the vehicle (if any) exceeds the damage or corrosion limit;

(v) if there is no damage or corrosion limit in force under section 107—the vehicle’s structural integrity has been reduced by damage or corrosion;

(vi) the vehicle’s odometer is not accurate;

(vii) the vehicle exceeds the deterioration limit;

(viii) the vehicle has not been rectified to address the issues that led to each applicable recall issued in its source market.

Division 4—Stage 3: inspecting the road vehicle

12 Scope check—is the road vehicle covered by the Work Instructions?

(1) The AVV must complete each scope check set out in the verification checklist to determine whether the vehicle is covered by the Work Instructions.

Note: ‘Work Instructions’ refers to the applicable set of Work Instructions contained in the Model Report in accordance with which the vehicle was required to be manufactured or modified under the Rules (see subsection 6(1)). There may be several sets of Work Instructions in each Model Report.

‘Vehicle’ refers to the road vehicle that is the subject of the verification being conducted by the AVV.

(2) The AVV may be satisfied that the vehicle is covered by the Work Instructions only where:

(a) the specifications of the vehicle are the same as the specifications listed in the Vehicle Scope for a vehicle that has been manufactured or modified in accordance with the Work Instructions; or

(b) the requirement in paragraph (a) would be met, but for a variation of one or more of the following kinds:

(i) a variation of up to ±50 millimetres in a measurement of height;

(ii) a variation of up to ±10 millimetres in a measurement of length.

Note: The Vehicle Scope will set out the specifications of a vehicle both before and after it has been manufactured or modified in accordance with the Work Instructions. The AVV is to refer to the latter.

(3) Where the relevant part of the Vehicle Scope sets out two or more alternative specifications in relation to a characteristic of a road vehicle, it is sufficient that the relevant characteristic of the vehicle falls within one of those alternatives.

(4) A vehicle does not fall outside the Vehicle Scope where:

(a) the specifications of the vehicle differ from the specifications listed in the relevant part of the Vehicle Scope; and

(b) the difference is wholly the result of rectification action mentioned in section 19 of the Road Vehicle Standards (Model Reports) Determination 2021 (rectifying recalls).

(5) Where the AVV is not satisfied that the vehicle is covered by the Work Instructions, it must:

(a) record the reasons for which it is not satisfied of that matter on the verification checklist; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

13 Manufacture or modification checks—has the vehicle been correctly manufactured or modified?

(1) The AVV must complete each manufacture or modification check set out in the verification checklist to determine whether:

(a) the RAW has correctly carried out each modification, or each stage of manufacture, required by the Model Report; and

(b) each system of the vehicle affected by the manufacture or modification is functioning correctly.

(2) Where the AVV is not satisfied of a matter in paragraph (1)(a) or (b), it must:

(a) record the reasons for which it is not satisfied of that matter on the verification checklist; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

14 Deterioration checks—does the vehicle pass the deterioration checks?

(1) The AVV must complete each deterioration check set out in the verification checklist to determine whether the vehicle exceeds the deterioration limit.

(2) Where the AVV is satisfied that the vehicle exceeds the deterioration limit, it must:

(a) record each respect in which the vehicle exceeds that limit, and the reasons for which it exceeds the limit, on the verification checklist; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

Note: The matters in this section are relevant to determining whether or not a vehicle has been manufactured or modified in accordance with the relevant Model Report for the purposes of subparagraph 100(1)(b)(i) of the Rules.

15 Damage or corrosion checks—does the vehicle exceed the damage or corrosion limit?

(1) This section applies where a damage or corrosion limit has been determined under section 107 of the Rules.

(2) The AVV must:

(a) complete each damage or corrosion check set out in the verification checklist; and

(b) record, on the verification checklist, all damage or corrosion, and repair of damage or corrosion, found on the vehicle; and

(c) assess whether the level of damage or corrosion, or repair of damage or corrosion, on the vehicle exceeds the damage or corrosion limit.

(3) Where the AVV is satisfied that the level of any damage or corrosion, or repair of damage or corrosion, on the vehicle exceeds the damage or corrosion limit, it must:

(a) record on the verification checklist:

(i) each element of the damage or corrosion, and repair of damage or corrosion; and

(ii) the reasons for which that element exceeds the damage or corrosion limit; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

16 Damage or corrosion checks—has structural integrity been reduced?

(1) This section applies where no damage or corrosion limit has been determined under section 107 of the Rules.

Note: Where there is no section 107 determination in force, subparagraph 100(1)(b)(iii) of the Rules provides that an AVV must not verify a road vehicle, or modifications of a road vehicle, unless satisfied that the vehicle’s structural integrity has not been reduced by damage or corrosion.

(2) The AVV must:

(a) complete each damage or corrosion check set out in the verification checklist; and

(b) record, on the verification checklist, all damage or corrosion found on the vehicle; and

(3) Where the AVV is satisfied that the level of any damage or corrosion on the vehicle has reduced its structural integrity, it must:

(a) record on the verification checklist:

(i) each element of the damage or corrosion on the vehicle; and

(ii) the reasons for which that element reduces the vehicle’s structural integrity; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

17 Damage or corrosion checks—body alignment test

(1) This section applies where a damage or corrosion limit has been determined under section 107 of the Rules.

(2) Where the AVV finds evidence of repair of damage or corrosion on the vehicle, it must conduct a body alignment test, unless subsection (3) applies.

(3) The AVV is not required to conduct a body alignment test if:

(a) the AVV has obtained information from the RAW about:

(i) the vehicle’s history; and

(ii) each body alignment test (if any) conducted by the RAW; and

(b) that information demonstrates that the RAW has already conducted a body alignment test.

(4) Where, based on the test carried out under subsection (2) or consideration of the RAW’s information under subsection (3), the AVV is satisfied that the level of any damage or corrosion, or repair of damage or corrosion, on the vehicle exceeds the damage or corrosion limit, it must:

(a) record the reasons for which it is satisfied of that matter on the verification checklist; and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

Note: The body alignment test is relevant to determining whether a vehicle exceeds the damage or corrosion limit – for instance, because it may reveal distortion of the vehicle structure.

18 Odometer checks—is the odometer accurate?

(1) The AVV must complete each odometer check (if any) set out in the verification checklist.

(2) The AVV must comply with subsection (3) where:

(a) the odometer has been replaced, and the AVV is satisfied that the new odometer does not accurately reflect the distance that the vehicle has travelled; or

(b) the odometer has not been replaced, but the AVV is satisfied that it does not reflect the distance that the vehicle has travelled.

Example: The AVV might be satisfied that the odometer does not accurately reflect the distance travelled by the vehicle where the odometer is faulty or has been tampered with.

(3) The AVV must:

(a) record on the verification checklist the reasons for which the AVV has formed an opinion mentioned in subsection (2); and

(b) continue to inspect the vehicle, or modifications of the vehicle, in accordance with this instrument.

19 Recall checks—is the vehicle the subject of an unrectified recall?

(1) The AVV must complete each recall check set out in the verification checklist.

(2) If the AVV is not satisfied of one or more of the following:

(a) that the RAW has correctly identified all applicable recalls issued in the vehicle’s source market;

(b) that the vehicle has been rectified to address the issues that led to each recall;

it must record the reasons for which it is not satisfied of the relevant matter on the verification checklist.

Part 3—Administrative matters

20 Simplified outline of this Part

This Part sets out administrative matters relating to the verification of road vehicles by the holder of an AVV approval. It imposes certain reporting obligations on the AVV, and sets out the records that the AVV must keep in relation to verifications conducted under the approval. It also provides guidance as to the kinds of supporting material that the holder of the AVV approval may rely on in determining whether to verify a road vehicle, or modifications of a road vehicle, under the approval.

21 Reporting requirements

(1) As soon as practicable after forming a reasonable suspicion that the vehicle was stolen, the AVV must report the theft to the police force of the State or Territory in which the AVV operates.

Note 1: The AVV may form this suspicion based on information provided by a RAW about the vehicle’s history.

Note: 2 ‘Vehicle’ refers to the road vehicle that is the subject of the verification being conducted by the AVV (see subsection 6(1)).

(2) The AVV must notify the Department that it has completed a verification to which this Part applies within 3 business days of completing the verification.

Note: This Part applies to all verifications carried out under an AVV approval (see section 7).

(3) For the purposes of this section, a reference to completing a verification does not include completing a verification report.

Note: Under subsection 100(4) of the Rules, where the AVV completes a verification report stating that the vehicle or modifications are not verified, it must provide a copy of that report to the Department within one business day after the report is completed.

22 Requirement to keep record of declaration

The AVV must keep a record of the declaration provided by the RAW under paragraph 65(2)(a) of the Rules in respect of each road vehicle, or modifications of each road vehicle, presented to the AVV for verification under the approval.

Note 1: This requirement only applies to certain kinds of verifications (see section 7).

Note 2: Section 103 of the Rules requires the AVV to retain such a record, or a copy thereof, for a period of 7 years starting on the day the record is made.

23 Requirement to keep records of verification

(1) The AVV must keep the following records in relation to each verification to which this Part applies:

(a) all correspondence between the AVV and the RAW (where applicable);

(b) all correspondence between the AVV and the owner of the vehicle;

(i) the identity of the vehicle (including the VIN); and

(ii) the condition of the vehicle, including images from head-on, rear-on and each quarter; and

(iii) in circumstances where the AVV was required to inspect for damage or corrosion, or repair of damage or corrosion—all damage or corrosion, and repair of damage or corrosion, found on the vehicle; and

(iv) all modifications made to the vehicle;

(d) the name and qualifications of each inspector involved in the verification.

(2) The AVV is not required to keep a record mentioned in subsection (1) to the extent that subparagraph 103(a)(i) or (ii) of the Rules already requires the AVV to keep that record.

Note: Section 103 of the Rules, among other things, requires the AVV to keep a record of a verification report completed for a vehicle, including, where applicable, the verification checklist.

24 Requirement to keep records of equipment

(1) The AVV must keep records of the following matters in respect of each item of equipment that this instrument requires the AVV to use when conducting a verification to which this Part applies:

(a) the type of the equipment; and

(b) the instrument number (if any).

(2) A record mentioned in subsection (1) must establish whether, at the time the equipment was used, it met all the applicable requirements of section 30.

25 Requirement to keep procedures up to date

An AVV must maintain up-to-date procedures designed to ensure that verifications under the approval are conducted in accordance with the requirements of this instrument.

26 Types of supporting material the AVV may rely on

(1) In determining whether to verify a road vehicle, or modifications of a road vehicle, under the approval, the AVV may rely on one or more of the following types of supporting material:

(a) one or more documents provided by the RAW (where applicable);

(b) the results of testing or analysis conducted:

(i) by the AVV; or

(ii) under a testing facility approval; or

(iii) by a person who holds a testing facility approval, but did not at the time the testing was conducted; or

(iv) by the RAW;

(2) Where the AVV intends to rely on information provided by the RAW:

(a) the AVV must take reasonable steps to determine whether the information is true and accurate; and

(b) if the AVV is not satisfied that the information is true and accurate, it must not rely on it.

(3) Where the AVV intends to rely on material mentioned in subparagraph (1)(b)(ii), (iii) or (iv):

(a) the AVV must be satisfied, on reasonable grounds, that the testing or analysis was carried out correctly; and

(b) if the AVV is not satisfied of that matter, it must not rely on the material.

(4) Subsection (1) does not limit the kinds of supporting material that the AVV may rely on.

Part 4—Technology and equipment

27 Simplified outline of this Part

This Part sets out the kinds of technology and equipment that the holder of an AVV approval must use when conducting inspections under the approval. It also requires the AVV to ensure that relevant technology and equipment is appropriately maintained and calibrated. Different requirements apply depending on whether or not the AVV owns the technology or equipment. Finally, the Part imposes other miscellaneous requirements in relation to the verification of vehicles.

28 Technology and equipment to be used when inspecting road vehicles

(1) When conducting an inspection to which this Part applies, the AVV must use the technology or equipment specified in column 1 of the table where the AVV does a thing specified in column 2.

Note: The table does not, itself, require the AVV to do a thing mentioned in column 2.

(2) The technology or equipment:

(a) must meet the standards specified in column 3; and

(b) may take one or more of the forms specified in column 4.

Technology and equipment to be used when inspecting road vehicles
Item	Column 1 Equipment	Column 2 Use	Column 3 Standards	Column 4 Form (optional)
1	Audio‑visual equipment	Take photographs or videos of a vehicle	The audio-visual equipment must have sufficiently high resolution for areas of damage or corrosion, part numbers and similar details to be clearly visible.	A camera (including a camera contained in a mobile phone).
2	Borescope camera	Inspect for damage or corrosion on the inside of components of a vehicle	The borescope must be suitable for inspecting modifications and components without requiring the vehicle to be dismantled.
3	Dimensional measuring equipment	Make a physical measurement on a vehicle		(a) a tape measure; (b) a ruler; (c) a vernier calliper; (d) a micrometer.
4	Exhaust 5‑gas analyser	Assess the idle emissions of a vehicle	The analyser must be capable of recording the gasses listed by the vehicle manufacturer for the purpose of assessing the idle emissions of the vehicle.
5	Headlamp aiming equipment	Make a measurement in accordance with Annex 6 of Vehicle Standard (Australian Design Rule 13/00 – Installation of Lighting and Light Signalling Devices on other than L-Group Vehicles) 2005 (being the variation of dipped beam inclination as a function of load)
6	Hoist or pit	Conduct an inspection under the approval	(a) for the inspection of a motorbike or moped—a hoist must be capable of lifting the vehicle to a height that allows the inspector to inspect the vehicle without stooping; and (b) otherwise—a hoist must be capable of lifting the vehicle to a height that allows the inspector to walk under the vehicle without stooping.
7	Portable lighting	Conduct an inspection under the approval	The lighting must be strong enough to: (a) provide good general illumination of the vehicle; and (b) enable detailed inspection of confined spaces in the vehicle.
8	Noise testing equipment	Test a vehicle’s noise emissions	The noise meter must be suitable for testing the vehicle’s noise emissions.
9	Any other equipment specified by the verification checklist	For the purposes specified in the Model Report	The equipment must meet all requirements set out in the Model Report.

29 Location of noise testing

Where a vehicle is tested for external stationary noise emissions in the course of a verification to which this Part applies, the AVV must conduct the testing at a site that meets the requirements of the applicable standards concerning stationary noise testing.

30 Equipment and technology must be appropriately calibrated and maintained

Requirements where AVV owns equipment

(1) The AVV must ensure that each piece of equipment or technology owned by the AVV and used to inspect a vehicle under the approval:

(a) is maintained in accordance with the manufacturer’s instructions; and

(b) where there are no such instructions—is kept fit for use and in good repair; and

(c) where the equipment or technology is capable of being calibrated—is appropriately calibrated at the time each inspection is carried out.

Requirements where AVV borrows or hires equipment

(2) On each occasion that the AVV borrows or hires equipment or technology for use in inspecting a vehicle under the approval, the AVV must:

(a) satisfy itself that the equipment or technology is fit for use and in good repair before using it; and

(b) where the equipment or technology is capable of being calibrated:

(i) verify that it is appropriately calibrated before using it; and

(ii) where the owner of the equipment or technology has a calibration certificate in respect of the equipment—keep a copy of the certificate as a record.