Queensland Consolidated Regulations

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HEAVY VEHICLE (VEHICLE STANDARDS) NATIONAL REGULATION - SCHEDULE 1

SCHEDULE 1 – Vehicle standards relating to ADRs applying to single heavy vehicles

Part 1 - Compliance with ADRs

1 Second edition ADRs

(1) If a second edition ADR recommends that the ADR should apply to a heavy vehicle, the vehicle must comply with the ADR.
(2) If a second edition ADR has a requirement for a type of equipment fitted to a heavy vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with—
(a) the requirement as in force when the vehicle was built; or
(b) if the requirement is amended after the vehicle is built and before the equipment is fitted, the requirement as in force at any time between—
(i) when the vehicle was built; and
(ii) when the equipment was fitted.
(3) However, a vehicle, or equipment fitted to a vehicle, need not comply with a recommendation or requirement of a second edition ADR if—
(a) the recommendation or requirement is replaced by, or is inconsistent with, a requirement of a third edition ADR applying to the vehicle or equipment; and
(b) the vehicle or equipment complies with the requirement of the third edition ADR.
(4) If a second edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.
(5) This section is subject to any provision of Schedule 2 or 3 expressly providing for the application of stated requirements of a second edition ADR.

2 Third edition ADRs

(1) If a third edition ADR applies to the design and construction of a heavy vehicle, the vehicle must comply with the ADR.
(2) If a third edition ADR contains a requirement for a type of equipment fitted to a heavy vehicle built on or after a stated time, any equipment of the same type fitted to the vehicle after it is built must comply with—
(a) the requirement as in force when the vehicle was built; or
(b) if the requirement is amended after the vehicle is built and before the equipment is fitted, the requirement as in force at any time between—
(i) when the vehicle was built; and
(ii) when the equipment was fitted.
(3) However, a vehicle, or equipment fitted to a vehicle, need not comply with a requirement of a third edition ADR if—
(a) the requirement is replaced by, or is inconsistent with, a requirement of a later version of the ADR applying to the vehicle or equipment; and
(b) the vehicle or equipment complies with the requirement of the later version.
(4) If a third edition ADR allows a vehicle built on or after a stated time to be fitted with equipment, a vehicle built before the time may also be fitted with the equipment.
(5) This section is subject to any provision of Schedule 2 or 3 expressly providing for the application of stated requirements of a third edition ADR.

Part 2 - Exemption from compliance with ADRs

3 Vehicles that are not road vehicles

A vehicle need not comply with an ADR applied by section 1 (1) or 2 (1) if—

(a) before the repeal of the Motor Vehicle Standards Act 1989 a determination or declaration under section 5B of that Act provided that the vehicle is not a road vehicle for the purposes of that Act; or
(b) a determination under section 6 (5) (b) or (6) (b) of the Road Vehicle Standards Act 2018 provides that the vehicle is not a road vehicle for the purposes of that Act.

4 Vehicles subject to particular approvals

(1) A vehicle need not comply with an ADR applied by section 1 (1) or 2 (1) if—
(a) despite noncompliance with the ADR—
(i) before the repeal of the Motor Vehicle Standards Act 1989 an approval was given under section 10A (2) or (3) to place an identification plate on the vehicle; or
(ii) an approval is given under item 4(2) or 6(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth; and
(b) the vehicle complies with the approval conditions, if any.
(2) A vehicle need not comply with an ADR applied by section 1 (1) or 2 (1) if—
(a) either—
(i) before the repeal of the Motor Vehicle Standards Act 1989 the vehicle was permitted to be supplied to the market under section 14A (1) of that Act; or
(ii) an approval is given under item 11(2) of Schedule 3 to the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 of the Commonwealth; and
(b) the vehicle complies with the approval conditions, if any.
(3) A vehicle need not comply with an ADR applied by section 1 (1) or 2 (1) if—
(a) before the repeal of the Motor Vehicle Standards Act 1989 the vehicle was permitted to be used in transport in Australia under section 15 (2) of that Act; and
(b) the vehicle complies with the approval conditions, if any.

4A Vehicles subject to particular approvals etc under Road Vehicle Standards Act 2018

A vehicle need not comply with an ADR applied by section 1 (1) or 2 (1) if—

(a) the vehicle satisfied the requirements of the type approval pathway under section 15 (1) of the Road Vehicle Standards Rules 2019 (Cwlth) as a vehicle to which section 15 (2) of those Rules applied; and
(b) despite noncompliance with the ADR, the vehicle is entered on the RAV.

5 Partial exemption for personally imported vehicles

(1) A personally imported vehicle must be fitted with—
(a) seatbelts as effective as seatbelts meeting an Australian Standard or British Standard for seatbelts as in force when the vehicle is imported; and
(b) seatbelt anchorages meeting the number and location requirements of third edition ADR 5; and
(c) child restraint anchorages meeting the number, location, accessibility, thread size and form requirements of second edition ADR 34 or third edition ADR 5 or 34.
(2) However, a personally imported vehicle need only meet the requirements of an ADR mentioned in subsection (1) if the ADR recommends that it should apply, or applies, to a vehicle of the same type.
(3) A personally imported vehicle need not otherwise comply with an ADR applied by section 1 (1) or 2 (1) .
(4) In this section—

"personally imported vehicle" means a vehicle built after 1968 imported into Australia by a person who—
(a) before the vehicle was imported into Australia, owned and used it for a continuous period of at least—
(i) for a vehicle owned by the person before 9 May 2000—3 months; or
(ii) in any other case—1 year; and
(b) when the vehicle was imported into Australia, was—
(i) an Australian citizen, permanent resident or a person who had applied to become an Australian citizen or permanent resident; and
(ii) old enough to hold a driver’s licence or learner’s permit to drive the vehicle; and
(c) has—
(i) if the vehicle was imported before the repeal of the Motor Vehicle Standards Act 1989 —undertaken to comply with any requirements relating to road safety imposed for the vehicle under the Motor Vehicle Standards Regulations 1989 of the Commonwealth; or
(ii) otherwise—complied with the rules made under the Road Vehicle Standards Act 2018 ; and
Note—
The Road Vehicle Standards Act 2018 provides for concessional RAV entry approvals for vehicles imported into Australia as part of a person’s personal effects. See Division 3 of Part 3 of the Road Vehicle Standards Rules 2019 (Cwlth) for provisions relating to the concessional RAV entry approval pathway generally, and section 39 of those Rules for the eligibility criterion for importing a vehicle as part of a person’s personal effects.
(d) within the previous year, has not imported into Australia another vehicle owned by the person.



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