Victorian Numbered Regulations Victorian Numbered RegulationsAfter regulation 215 of the Principal Regulations insert —
The Corporation may certify that a particular motor vehicle or a model of motor vehicle has been fitted with a compliant system of electronic stability control.
The Corporation may determine that a system of electronic stability control is of a standard of functional performance that is acceptably equivalent to the United Nations electronic stability control standard.
(1) A manufacturer or importer of a motor vehicle or a model of motor vehicle may apply to the Corporation for certification under regulation 215A that the motor vehicle or model of motor vehicle is fitted with a compliant system of electronic stability control.
(2) In addition to applying for certification of a motor vehicle or model of motor vehicle under subregulation (1), the applicant may include, in the application under that subregulation, an application for approval to affix a label or plate, that meets the requirements of regulation 215E, to any motor vehicle—
(a) the vehicle identification number of which is specified in the application; and
(b) to which the certification would apply.
(3) An application under this regulation must include—
(a) evidence that the particular motor vehicle or model of motor vehicle has been fitted with a compliant system of electronic stability control; and
(b) the vehicle identification number of any motor vehicle in respect of which the application is being made; and
(c) the fee set out in item 17 of Schedule 6.
(4) The Corporation may approve or refuse to approve an application under subregulation (1) or (2).
(5) If the Corporation—
(a) approves an application for certification under subregulation (1), it must issue a certificate to the applicant that states that the motor vehicle or model of motor vehicle has been certified under regulation 215A; and
(b) approves an application for the affixing of labels or plates under subregulation (2), it must in the certificate issued under paragraph (a)—
(i) state that approval has been given; and
(ii) specify the vehicle identification number for any motor vehicle for which the approval has been given; and
(iii) give an identifying number (the approval number ) for that approval.
r. 5
(1) A manufacturer or importer of a motor vehicle or a model of motor vehicle may apply to the Corporation for approval to affix a label or plate to a motor vehicle, or to a motor vehicle which belongs to a model of motor vehicle—
(a) that has been certified by the Corporation under regulation 215A; and
(b) in respect of which approval to affix a label or plate has not been given under regulation 215C.
(2) An application under subregulation (1) must include—
(a) a copy of the certificate issued to the applicant by the Corporation under regulation 215C(5); and
(b) the vehicle identification number of any motor vehicle, or any motor vehicle which belongs to the model of motor vehicle, in respect of which the application is being made; and
(c) the fee set out in item 18 of Schedule 6.
(3) On application under subregulation (1), the Corporation may approve the affixing of a label or plate to any motor vehicle for which the vehicle identification number was provided in the application.
(4) If the Corporation approves an application under subregulation (1), it must give an identifying number (the approval number ) for that approval.
r. 5
(1) A label or plate to be affixed to a motor vehicle in accordance with an approval granted under regulation 215C(4) or 215D(3) must—
(a) be at least 100 millimetres wide and 50 millimetres high; and
(b) contain text which is a minimum of 2·5 millimetres high; and
(c) state—
(i) the make and model of the motor vehicle; and
(ii) the name of the manufacturer of the motor vehicle; and
(iii) the date of the manufacture of the motor vehicle; and
(iv) the vehicle identification number in both readable text format and in barcode; and
(v) the relevant approval number; and
(vi) at the bottom of the label or plate, that the motor vehicle was manufactured to comply with the electronic stability control requirements of these Regulations.
(2) A label must be adhesive and self-voiding so that it cannot be removed without being destroyed.
(3) A plate must be made of metal.
(4) A label or plate must be securely affixed to the body of the motor vehicle in a position that permits it to be readily examined.
r. 5
(1) A person must not affix a label or plate to a motor vehicle, or to a motor vehicle which belongs to a model of motor vehicle, claiming that it has been fitted with a compliant system of electronic stability control, if approval to affix the label or plate has not been given under regulation 215C(4) or regulation 215D(3).
Penalty: 10 penalty units.
(2) A person must not affix a label or plate to a motor vehicle, or to a motor vehicle which belongs to a model of motor vehicle, certified by the Corporation under regulation 215A that does not meet the requirements of regulation 215E.
Penalty: 10 penalty units.
(3) A person must not affix a label to a motor vehicle claiming that it is of a model of motor vehicle that has been exempted under this regulation from the requirement to be fitted with a compliant system of electronic stability control, if the model of motor vehicle has not been so exempted.
Penalty: 10 penalty units.
(4) A person must not affix a label to a motor vehicle to which an exemption under this regulation applies if the label does not meet the requirements of subregulation (7).
Penalty: 10 penalty units.
(5) The Corporation may, by notice published in the Government Gazette, declare that a model of motor vehicle is exempt from the requirements of clause 175(1) of Schedule 8 until 1 November 2011.
(6) The Corporation must not make a declaration under subregulation (5) in respect of a model of motor vehicle unless it is satisfied that—
(a) failure to exempt the model of motor vehicle will have a serious adverse impact on the motor vehicle industry in Victoria or on a significant part of that industry; and
(b) the manufacturer of the model of motor vehicle will ensure that the model of motor vehicle that is exempted will comply with the requirements of clause 175(1) of Schedule 8 by 1 November 2011; and
(c) the manufacturer of the model of motor vehicle will comply with subregulation (7).
(7) The manufacturer of a model of motor vehicle, that is exempted from the requirements of clause 175(1) of Schedule 8 by declaration under subregulation (5), must affix or caused to be affixed to each motor vehicle to which the exemption applies a label that—
(a) states that the motor vehicle is of a model that has been exempted from the requirement to be fitted with a compliant system of electronic stability control under these Regulations; and
(b) is displayed on the motor vehicle in a position that permits it to be readily examined when the motor vehicle is being made available for sale or is being sold.
(8) In this regulation a reference to "motor vehicle industry" includes, but is not limited to, a reference to manufacturers of motor vehicles and dealers in motor vehicles.".