Northern Territory Consolidated Regulations

AUSTRALIAN VEHICLE STANDARDS RULES - REG 13

A provision of Parts 5 to 13 of the Vehicle Standards does not apply to a vehicle if:

        (a)     the vehicle does not comply with a requirement of an ADR applying to the vehicle; and

        (b)     the provision of the Vehicle Standards corresponds to the requirement of the ADR; and

        (c)     despite the non-compliance:

            (i)     before the repeal of the Motor Vehicle Standards Act 1989 (Cwlth), an approval had been given under section 10A(2) or (3) of that Act to place identification plates on vehicles of that type; or

            (ii)     an approval to place identification plates on vehicles of that type has been given under Schedule 3, item 4(2) or 6(2) to the R oad Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwlth); or

            (iii)     the vehicle has been entered on the RAV; and

        (d)     for a vehicle to which paragraph (c)(i) or (ii) applies – the vehicle complies with the approval conditions, if any.

Note 1     Section 10A(2) of the Motor Vehicle Standards Act 1989 (Cwlth) (repealed) dealt with vehicles that did not comply with an ADR, but the non-compliance was only in minor and inconsequential respects.

Note 2     Section 10A(3) of that Act dealt with vehicles that did not comply with an ADR, and the non-compliance was not minor and inconsequential, but the vehicle would be safe to use if conditions were complied with.

Note 3     Schedule 3, items 4(2) and 6(2) of the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 (Cwth) provide for the Minister to decide applications for approval made under section 10A(2) and (3) of the Motor Vehicle Standards Act 1989 (Cwlth) that were not decided before the repeal of that Act.

Under the Part, a vehicle that is subject to ADRs when it is built generally remains subject to the ADRs throughout its life. However, a vehicle need not comply with a standard if the standard is replaced by, or inconsistent with, a later standard and the vehicle complies with the later standard. Older vehicles may, therefore, be fitted with any equipment allowed on newer vehicles.

Vehicles that are modified must continue to comply with the Vehicle Standards.

The following provisions of the Vehicle Standards extend the application of particular second or third edition ADRs to vehicles to which the ADRs are not expressed to apply:

              •     rule 41(4) (electrical wiring, connections and installations)

              •     rule 119 (rear marking plates)

              •     rule 136(1) and (2) (braking system for prime mover in B-double)

              •     rule 137 (braking system design for motor vehicles in road trains)

              •     rule 138(1) and (3) (braking system design for trailers in B-doubles or road trains)

              •     rule 155(1) and (2) (speed limiting).

The following provisions of the Vehicle Standards apply to a vehicle instead of the corresponding ADR requirement:

              •     rule 44(5) and (6) (window tinting)

              •     rules 51 and 52 (tyre speed category requirements)

              •     rule 115 (warning lights and signs on buses carrying children)

              •     rule 118(4) (display of certain lights and reflectors).