Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009

i Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 S.R. No. 119/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Principal Regulations 1 4 Definitions 2 5 New regulations 215A to 215F inserted 3 Division 3A—Electronic Stability Control 3 215A Certification of fitting with compliant system of electronic stability control 3 215B Power of Corporation to determine acceptable performance standard for electronic stability control 3 215C Application for certification and approval to affix label or plate 3 215D Application for approval to affix label or plate to certified vehicles 5 215E Requirements for label or plate 6 215F Offences and exemptions 7 6 Schedule 6 amended 9 7 Schedule 8 amended 10 PART 15—SAFETY FEATURES 10 175 Electronic Stability Control 10 ═══════════════ ENDNOTES 12 -- 1 of 14 -- 1 STATUTORY RULES 2009 S.R. No. 119/2009 Road Safety Act 1986 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 The Governor in Council makes the following Regulations: Dated: 7 October 2009 Responsible Minister: TIM PALLAS Minister for Roads and Ports TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Road Safety (Vehicles) Regulations 1999 to provide for the fitting of certain motor vehicles with electronic stability control. 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 1999 1 are called the Principal Regulations. -- 2 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 2 4 Definitions In regulation 105(1) of the Principal Regulations insert the following definitions— "compliance plate has the same meaning as in Schedule 4A; compliant system of electronic stability control means a system of electronic stability control that— (a) complies with the United Nations electronic stability control standard; or (b) has been determined to be acceptably equivalent to that standard by the Corporation under regulation 215B; forward-control passenger vehicle (MB) has the same meaning as in the relevant design rules; full volume has the same meaning as in regulation 3 of the Motor Vehicle Standards Regulations 1989 of the Commonwealth; off-road passenger vehicle (MC) has the same meaning as in the relevant design rules; passenger car (MA) has the same meaning as in the relevant design rules; relevant design rules means the Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services; United Nations electronic stability control standard means the Global technical regulation No. 8 published by the United Nations Economic Commission for Europe and established in the Global Registry on 26 June 2008 [ECE/TRANS/180/Add.8], as r. 4 -- 3 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 3 amended by the Corrigendum established in the Global Registry on 12 November 2008 [ECE/TRANS/180/Add.8/Corr.2];". 5 New regulations 215A to 215F inserted After regulation 215 of the Principal Regulations insert— "Division 3A—Electronic Stability Control 215A Certification of fitting with compliant system of electronic stability control 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. 215B Power of Corporation to determine acceptable performance standard for 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. 215C Application for certification and approval to affix label or plate (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 r. 5 -- 4 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 4 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 r. 5 -- 5 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 5 (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. 215D Application for approval to affix label or plate to certified vehicles (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. r. 5 -- 6 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 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. 215E Requirements for label or plate (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. r. 5 -- 7 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 7 (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. 215F Offences and exemptions (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. r. 5 -- 8 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 8 (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— r. 5 -- 9 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 9 (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.". 6 Schedule 6 amended After item 16 in Schedule 6 to the Principal Regulations insert— "17 Approval to affix label or plate if motor vehicle is certified as having been fitted with a compliant system of electronic stability control 215C(3) $5.80 for each motor vehicle to which a label or plate is to be affixed if certification is made and approval is granted 18 Approval to affix label or plate in relation to motor vehicle certified as having been fitted with a compliant system of electronic stability control 215D(2) $5.80 for each motor vehicle to which a label or plate is to be affixed if approval is granted". r. 6 -- 10 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 10 7 Schedule 8 amended At the end of Schedule 8 to the Principal Regulations insert— "PART 15—SAFETY FEATURES 175 Electronic Stability Control (1) A motor vehicle— (a) that is one of the following— (i) a forward-control passenger vehicle (MB); or (ii) an off-road passenger vehicle (MC); or (iii) a passenger car (MA); and (b) that is manufactured on or after 1 January 2011— must be fitted with a compliant system of electronic stability control. (2) Subclause (1) does not apply to— (a) a motor vehicle that has been registered in another State or a Territory of the Commonwealth for 1 year or more immediately before the motor vehicle is brought into Victoria; or (b) a motor vehicle that is not manufactured or marketed in full volume for normal road use; or (c) a vehicle entered on the Register of Specialist and Enthusiast Vehicles established by regulation 22 of the Motor Vehicle Standards Regulations 1989 of the Commonwealth; or r. 7 -- 11 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 11 (d) a model of motor vehicle that has been declared by the Corporation under regulation 215F to be exempt from the operation of subclause (1). (3) For the purposes of this clause, a motor vehicle is taken to be manufactured on the day on which a compliance plate is first affixed to it.". ═══════════════ r. 7 -- 12 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 12 ENDNOTES 1 Reg. 3: S.R. No. 29/1999. Reprint No. 4 as at 1 July 2008. Reprinted to S.R. No. 62/2008 and subsequently amended by S.R. Nos 131/2008, 48/2009 and 74/2009. —— Table of Applied, Adopted or Incorporated Matter Required by the Subordinate Legislation Regulations 2004 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Definition of United Nations electronic stability control standard in regulation 105(1) Global technical regulation No. 8 published by the United Nations Economic Commission for Europe and established in the Global Registry on 26 June 2008 [ECE/TRANS/180/Add.8], as amended by the Corrigendum established in the Global Registry on 12 November 2008 [ECE/TRANS/180/Add.8/Corr.2] The whole Definition of forward-control passenger vehicle (MB) in regulation 105(1) Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services The whole Endnotes -- 13 of 14 -- S.R. No. 119/2009 Road Safety (Vehicles) Amendment (Electronic Stability Control) Regulations 2009 13 Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Definition of off- road passenger vehicle (MC) in regulation 105(1) Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services The whole Definition of passenger car (MA) in regulation 105(1) Vehicle Standard (Australian Design Rule—Definitions and Vehicle Categories) 2005 Compilation 3, dated 19 September 2007, published by the Commonwealth Department of Transport and Regional Services The whole -- 14 of 14 --