Road Safety (Vehicles) Amendment Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Road Safety (Vehicles) Amendment Regulations 2014 S.R. No. 201/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Principal Regulations 2 4 Definitions 2 5 Vehicles equipped with camera mounts 3 6 Period of registration 3 7 Entering vehicles on the register of written-off vehicles 3 8 Records to be kept 3 9 Persons who cease to be eligible persons 4 10 Regulation 165 substituted 4 165 Maximum width for vehicles 4 11 Failure of escort vehicle to comply with a relevant requirement set out in Schedule 7 4 12 Power to impound false certificate of roadworthiness 5 13 Garages to keep record of repairs of vehicles 5 14 Keeping documents 5 15 Definitions and application of Chapter 9 5 16 Driver to carry hazardous area authority 5 17 Vehicle Standards definitions 6 18 Vehicles to which the vehicle standards do not apply 6 19 Mudguards and spray suppression 6 20 Rear vision mirrors 7 21 Rear vision mirrors—surfaces 8 22 Electrical wiring, components connections and installations 8 23 Clause 44 of Schedule 2 substituted 9 44 Window tinting 9 24 White or silver band on certain vehicles 10 25 Parking lights 11 26 Daytime running lights 12 27 Vehicles needing side marker lights 12 28 Location of direction indicator lights 13 29 Optional front reflectors 14 30 Clause 118 of Schedule 2 substituted 14 118 Other lights and reflectors 14 -- 1 of 21 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel 31 Exhaust systems 16 148 Exhaust systems 16 32 Silencing device for exhaust systems 16 33 Stationary noise levels—car-type vehicles and motor cycles and trikes 17 34 Stationary noise levels—other vehicles with spark ignition engines 17 35 Stationary noise levels—other vehicles with diesel engines 17 36 Measurement of stationary noise levels 18 37 Drawbar couplings 18 ═══════════════ ENDNOTES 19 -- 2 of 21 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 201/2014 Road Safety Act 1986 Road Safety (Vehicles) Amendment Regulations 2014 The Governor in Council makes the following Regulations: Dated: 29 October 2014 Responsible Minister: TERRY MULDER Minister for Roads YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 2009— (a) to make changes to the Vehicle Standards for the registration of light vehicles under the Road Safety Act 1986; and (b) to update references to Victoria Police as a consequence of the enactment of the Victoria Police Act 2013; and (c) to allow for the alteration of the period of registration of a vehicle; and (d) to remove a requirement to keep records of the use of trade plates; and (e) to make provision for the entry of vehicles on the written-off vehicles register; and (f) to make other minor and technical changes. -- 3 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3 Principal Regulations In these Regulations, the Road Safety (Vehicles) Regulations 2009 1 are called the Principal Regulations. 4 Definitions In regulation 5 of the Principal Regulations— (a) in the definition of association, for "Associations Incorporation Act 1981" substitute "Associations Incorporation Reform Act 2012"; (b) for the definition of domestic partner substitute— "domestic partner of a person means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (a) for fee or reward; or (b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);"; r. 2 -- 4 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (c) in paragraph (a) of the definition of escort vehicle, for "member of the police force" substitute "police officer". 5 Vehicles equipped with camera mounts In regulation 20A(1)(a)(ii) of the Principal Regulations, for "member of the police force" substitute "police officer". 6 Period of registration For regulation 43(2) of the Principal Regulations substitute— "(2) An applicant for registration of a vehicle may nominate, and the Corporation may approve, a different period of registration for the vehicle from the period specified in subregulation (1) if it is necessary so that the expiry date for the vehicle's registration is the same as, or different from, one or more other vehicles registered, or to be registered, in the name of— (a) the same registered operator; or (b) the registered operator and the registered operator's spouse or domestic partner.". 7 Entering vehicles on the register of written-off vehicles In regulation 93(2) of the Principal Regulations, for "may" substitute "must". 8 Records to be kept Regulation 143 of the Principal Regulations is revoked. r. 5 -- 5 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 4 Authorised by the Chief Parliamentary Counsel 9 Persons who cease to be eligible persons In regulation 144(3) of the Principal Regulations, for "member of the police force" substitute "police officer". 10 Regulation 165 substituted For regulation 165 of the Principal Regulations substitute— "165 Maximum width for vehicles (1) A vehicle must not be wider than 2·5 metres. (2) For the purposes of subregulation (1), the width of a vehicle is measured disregarding the following— (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". 11 Failure of escort vehicle to comply with a relevant requirement set out in Schedule 7 In regulation 186(3) of the Principal Regulations, for "member of the police force" substitute "police officer". r. 9 -- 6 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 5 Authorised by the Chief Parliamentary Counsel 12 Power to impound false certificate of roadworthiness (1) In regulation 232(1) of the Principal Regulations— (a) for "member of the police force" substitute "police officer"; (b) for "officer or member" substitute "authorised officer or police officer". (2) In regulation 232(3) of the Principal Regulations— (a) for "member of the police force" substitute "police officer"; (b) for "Corporation or the police force" substitute "Corporation or Victoria Police". 13 Garages to keep record of repairs of vehicles In regulation 234(4) of the Principal Regulations, for "member of the police force" substitute "police officer". 14 Keeping documents In regulation 260(1) and (2) of the Principal Regulations, for "member of the police force" substitute "police officer". 15 Definitions and application of Chapter 9 In regulation 261(1) of the Principal Regulations, in paragraph (a)(i) of the definition of relevant vehicle, for "Public Transport Competition Act 1995" substitute "Bus Safety Act 2009". 16 Driver to carry hazardous area authority In regulation 265 of the Principal Regulations, for "member of the police force" substitute "police officer". r. 12 -- 7 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 6 Authorised by the Chief Parliamentary Counsel 17 Vehicle Standards definitions In clause 3 of Schedule 2 to the Principal Regulations— (a) in the note at the foot of the definition of British Standard, for "Standards Association of Australia" substitute "Standards Australia"; (b) in paragraph (b)(ii) of the definition of emergency vehicle, for "Sustainability and Environment" substitute "Environment and Primary Industries"; (c) in the definition of police vehicle, for "member of the police force" substitute "police officer". 18 Vehicles to which the vehicle standards do not apply Clause 10 of Schedule 2 to the Principal Regulations is revoked. 19 Mudguards and spray suppression For clause 33(6) of Schedule 2 to the Principal Regulations substitute— "(6) For the purposes of subclause (5)(a), the width of a vehicle is measured disregarding the following— (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; r. 17 -- 8 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 7 Authorised by the Chief Parliamentary Counsel (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". 20 Rear vision mirrors (1) In clause 35(1) of Schedule 2 to the Principal Regulations, for "a driver of the vehicle" substitute "the vehicle's driver, when in a normal driving position,". (2) In clause 35(5) of Schedule 2 to the Principal Regulations, for "widest part (excluding lights, signalling devices and reflectors) of the vehicle or combination" substitute "width of the vehicle, measured in accordance with subclause (7)". (3) In clause 35(6) of Schedule 2 to the Principal Regulations— (a) for "not over 230 millimetres" substitute "up to 230 millimetres"; (b) for "not over 150 millimetres beyond the widest part" substitute "not more than 150 millimetres beyond the width of the vehicle, measured in accordance with subclause (7)". (4) After clause 35(6) of Schedule 2 to the Principal Regulations insert— "(7) For the purposes of subclauses (5) and (6), the width of a vehicle is measured disregarding the following— r. 20 -- 9 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 8 Authorised by the Chief Parliamentary Counsel (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; (c) any permanently fixed webbing assembly-type devices such as curtain- side devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". 21 Rear vision mirrors—surfaces Clause 36(2) of Schedule 2 to the Principal Regulations is revoked. 22 Electrical wiring, components connections and installations For clause 41(3) of Schedule 2 to the Principal Regulations substitute— "(3) The electrical connectors between motor vehicles and trailers, for the operation of the vehicle lights required by the Vehicle Standards, must comply with at least one of the following— (a) Australian Standard AS 2513—1982 Electrical Connections for Trailer Vehicles; (b) International Standards Organisation ISO 1185—1997; r. 21 -- 10 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 9 Authorised by the Chief Parliamentary Counsel (c) Society of Automotive Engineers SAE J 560—1998; (d) Australian Standard AS 4735—2003 Heavy road vehicles—Electrical connectors for articulated vehicles.". 23 Clause 44 of Schedule 2 substituted For clause 44 of Schedule 2 to the Principal Regulations substitute— "44 Window tinting (1) Glazing used in a windscreen of a motor vehicle must have a luminous transmittance of at least 70%. (2) Glazing used in a windscreen of a motor vehicle must not be coated in a way that reduces its luminous transmittance. (3) Subclauses (1) and (2) do not apply to the greater of the following areas of a windscreen— (a) the area above the highest point of the windscreen that is swept by a windscreen wiper; (b) the upper 10% of the windscreen. (4) Glazing used in a window or interior partition of a motor vehicle must have a luminous transmittance of at least 70%. (5) Glazing used in a window or interior partition of a motor vehicle may be coated to achieve a luminous transmittance of not less than 35%. (6) The requirements about luminous transmittance applying to glazing used in a window of a motor vehicle stated in a second edition ADR or third edition ADR do not r. 23 -- 11 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 10 Authorised by the Chief Parliamentary Counsel apply to a window that has been coated as provided in subclause (5). (7) Glazing used in a windscreen, window or interior partition of a motor vehicle that has been coated to reduce its luminous transmittance must not have a reflectance of more than 10%. (8) In this clause— glazing means material that may be used in a windscreen, window or interior partition of a motor vehicle, through which the vehicle's driver can see the road, but does not include a coating added after manufacture of the material; luminous transmittance, for glazing, means the amount of light that can pass through the glazing as a percentage of the amount of light that would be transmitted if the glazing were absent.". 24 White or silver band on certain vehicles For clause 59(2) of Schedule 2 to the Principal Regulations substitute— "(2) For the purposes of subclause (1)(a), the width of a vehicle is measured disregarding the following— (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; r. 24 -- 12 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 11 Authorised by the Chief Parliamentary Counsel (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". 25 Parking lights For clause 84(9) of Schedule 2 to the Principal Regulations substitute— "(9) For the purposes of subclause (3), the width of a vehicle is measured disregarding the following— (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". r. 25 -- 13 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 12 Authorised by the Chief Parliamentary Counsel 26 Daytime running lights For clause 85(6) of Schedule 2 to the Principal Regulations substitute— "(6) For the purposes of subclause (3), the width of a vehicle is measured disregarding the following— (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". 27 Vehicles needing side marker lights For clause 94(6) of Schedule 2 to the Principal Regulations substitute— "(6) For the purposes of subclauses (1), (4) and (5), the width of a vehicle is measured disregarding the following— (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; r. 26 -- 14 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 13 Authorised by the Chief Parliamentary Counsel (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". 28 Location of direction indicator lights For clause 103(4) of Schedule 2 to the Principal Regulations substitute— "(4) For the purposes of subclause (1), the width of a vehicle is measured disregarding the following— (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". r. 28 -- 15 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 14 Authorised by the Chief Parliamentary Counsel 29 Optional front reflectors For clause 113(4) of Schedule 2 to the Principal Regulations substitute— "(4) For the purposes of subclause (3)(c), the width of a vehicle is measured disregarding the following— (a) any rear vision mirrors, signalling devices and side-mounted lamps and reflectors; (b) any anti-skid devices mounted on wheels, central tyre inflation systems and tyre pressure gauges; (c) any permanently fixed webbing assembly-type devices, provided that the maximum distance across the body including any part of the devices does not exceed 2·55 metres. Example Curtain-side devices are an example of permanently fixed webbing assembly-type devices.". 30 Clause 118 of Schedule 2 substituted For clause 118 of Schedule 2 to the Principal Regulations substitute— "118 Other lights and reflectors (1) Despite any requirement of a third edition ADR, an exempt vehicle may be fitted with any light or reflector. (2) Despite any requirement of a third edition ADR, a special use vehicle may be fitted with one or more flashing yellow lights. r. 29 -- 16 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 15 Authorised by the Chief Parliamentary Counsel (3) A vehicle, other than an exempt vehicle, must not be fitted with any light or reflector not mentioned in the Vehicle Standards without the written approval of the Corporation. (4) A vehicle, other than an exempt vehicle or a special use vehicle, must not be fitted with a light that flashes without the written approval of the Corporation. (5) A vehicle, other than an exempt vehicle, must not be fitted with a light or reflector that— (a) shows a red light to the front; or (b) shows a white light to the rear; or (c) is shaped or located in a way that reduces the effectiveness of the light or reflector required to be fitted to the vehicle under this clause. (6) In this clause— dimension exemption means an exemption from a dimension requirement for a vehicle as required by the Vehicle Standards or another Act or subordinate instrument; exempt vehicle means a light vehicle that is— (a) a police vehicle; or (b) an emergency vehicle; or (c) a transport enforcement vehicle; or (d) an Australian Protective Service vehicle; or r. 30 -- 17 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 16 Authorised by the Chief Parliamentary Counsel (e) an Australian Customs Service vehicle; or (f) an Airservices Australia vehicle; special use vehicle means any of the following vehicles— (a) a tow truck; (b) a vehicle built or fitted to provide a vehicle breakdown service; (c) a vehicle built or fitted for use in hazardous situations on a road; (d) a vehicle used on a road under a dimension exemption; (e) a vehicle built or fitted to accompany a heavy vehicle specified by paragraph (b); (f) a bus fitted, before 1 July 1999, with a sign telling road users that the bus carries children.". 31 Exhaust systems For clause 148 of Schedule 2 to the Principal Regulations substitute— "148 Exhaust systems The exhaust system fitted to a motor vehicle must be constructed to ensure that exhaust gases are only emitted from a place designed by the manufacturer to emit such gases.". 32 Silencing device for exhaust systems After clause 149(1) of Schedule 2 to the Principal Regulations insert— "(2) For the purposes of subclause (1), any silencing device designed to be manipulated by the vehicle's operator, including by means r. 31 -- 18 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 17 Authorised by the Chief Parliamentary Counsel of in-vehicle controls, must be designed so that it can be tested with the device fully opened.". 33 Stationary noise levels—car-type vehicles and motor cycles and trikes (1) In clause 150(1) of Schedule 2 to the Principal Regulations, in the definition of db(A), for "regulation 10 of the Environment Protection (Vehicle Emissions) Regulations 2003" substitute "regulation 5 of the Environment Protection (Vehicle Emissions) Regulations 2013". (2) In clause 150(2) of Schedule 2 to the Principal Regulations, for "regulation 10(2) of the Environment Protection (Vehicle Emissions) Regulations 2003" substitute "regulation 11 of the Environment Protection (Vehicle Emissions) Regulations 2013". (3) In clause 150(3) of Schedule 2 to the Principal Regulations, for "regulation 10(4) of the Environment Protection (Vehicle Emissions) Regulations 2003" substitute "regulation 13 of the Environment Protection (Vehicle Emissions) Regulations 2013". 34 Stationary noise levels—other vehicles with spark ignition engines In clause 151(2) of Schedule 2 to the Principal Regulations, for "regulation 10(3) of the Environment Protection (Vehicle Emissions) Regulations 2003" substitute "regulation 12(1) of the Environment Protection (Vehicle Emissions) Regulations 2013". 35 Stationary noise levels—other vehicles with diesel engines In clause 152(2) of Schedule 2 to the Principal Regulations, for "regulation 10(3) of the Environment Protection (Vehicle Emissions) r. 33 -- 19 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 18 Authorised by the Chief Parliamentary Counsel Regulations 2003" substitute "regulation 12(2) of the Environment Protection (Vehicle Emissions) Regulations 2013". 36 Measurement of stationary noise levels In clause 153 of Schedule 2 to the Principal Regulations, for "regulation 10(6) of the Environment Protection (Vehicle Emissions) Regulations 2003" substitute "regulation 14 of the Environment Protection (Vehicle Emissions) Regulations 2013". 37 Drawbar couplings After clause 158(4) of Schedule 2 to the Principal Regulations insert— "(5) For the purposes of subclauses (3) and (4), a connection between a trailer and a towing vehicle includes any thing which connects the trailer and the towing vehicle, including chains, cables, any thing fixed to a trailer or a towing vehicle to which a chain is attached and shackles.". ═══════════════ r. 36 -- 20 of 21 -- S.R. No. 201/2014 Road Safety (Vehicles) Amendment Regulations 2014 19 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 3: S.R. No. 118/2009. Reprint No. 1 as at 1 August 2013. Reprinted to S.R. No. 87/2013. Subsequently amended by S.R. Nos 133/2013, 150/2013, 153/2013, 176/2013, 23/2014, 46/2014, 85/2014 and 131/2014. Endnotes -- 21 of 21 --