Vehicle and Traffic (Vehicle Standards) Amendment Regulations 2008

Vehicle and Traffic (Vehicle Standards) Amendment Regulations 2008

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .

8 December 2008

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

G. L. STURGES

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Vehicle Standards) Amendment Regulations 2008 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Principal Regulations

In these regulations, the Vehicle and Traffic (Vehicle Standards) Regulations 2001 are referred to as the Principal Regulations.

4.    Regulation 27 amended (Steering)

Regulation 27(6) of the Principal Regulations is amended by omitting "built or used mainly" and substituting "built mainly".

5.    Regulation 35 amended (Horns, alarms, &c.)

Regulation 35 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (2) "electric bell,";

(b) by inserting the following subregulation after subregulation (2) :

(2A)  An ADR which corresponds to subregulation (2) does not apply to the extent that it is inconsistent with subregulation (2) .

6.    Regulation 42 amended (Electrical wiring, components, connections and installations)

Regulation 42 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:

(1A)  The electrical components of a vehicle must be securely mounted.

7.    Regulation 43A inserted

After regulation 43 of the Principal Regulations , the following regulation is inserted in Division 1:

43A.   Requirement for windscreen to be fitted

A motor vehicle (other than a motor bike, motor trike or moped) must be fitted with a windscreen if it is manufactured or designed to have a windscreen.

8.    Regulation 108 amended (Other lights and reflectors)

Regulation 108 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (2) and substituting the following subregulation:

(2)  A vehicle may be fitted with a light or reflector not mentioned in the Vehicle Standards if –

(a) another law of this jurisdiction so allows; or

(b) an ADR so allows and the light or reflector is fitted in accordance with that ADR.

(b) by omitting from subregulation (3) "a permit" and substituting "an exemption";

(c) by omitting from subregulation (3) "display" and substituting "be fitted with".

9.    Regulation 109 amended (Rear marking plates)

Regulation 109 of the Principal Regulations is amended as follows:

(a) by omitting subregulation (1) and substituting the following subregulation:

(1)  In this regulation –

rear marking plate means a rear marking plate designed and fitted to a vehicle in compliance with Vehicle Standards Bulletin 12 (VSB 12).

(b) by omitting subregulation (3) and substituting the following subregulation:

(3)  Subregulation (2) applies to a vehicle even if it was built before the day on which Vehicle Standards Bulletin 12 (VSB 12) was first published.

Note Vehicle Standards Bulletin 12 (VSB 12) was first published on 14 June 2006.

10.    Regulation 113 amended (Certain vehicles used in daylight)

Regulation 113(b)(ii) of the Principal Regulations is amended by omitting "kind" and substituting "type".

11.    Regulation 122 amended (What brakes a trailer must have)

Regulation 122(3) of the Principal Regulations is amended as follows:

(a) by omitting from paragraph (a) "1 July 1991" and substituting "1 July 1988";

(b) by omitting from paragraph (b) "road construction." and substituting "road construction and which is not designed or built to carry a load.".

12.    Part 10, Division 3 substituted

Division 3 of Part 10 of the Principal Regulations is rescinded and the following Division is substituted:

Division 3 - Noise emissions

Subdivision 1 - General

136A.   Measurement of stationary noise levels

(1)  In this regulation –

National Transport Commission means the National Transport Commission established by the National Transport Commission Act 2003 of the Commonwealth.

(2)  For this Division, the stationary noise level of a motor vehicle is to be measured in accordance with the procedure set out for that type of motor vehicle in the report entitled the National Stationary Exhaust Noise Test Procedures for In-service Motor Vehicles, published by the National Transport Commission in April 2000.

136B.   Meaning of "certified to ADR 83/00"

For this Division, a motor vehicle is certified to ADR 83/00 if approval has been given, under section 10A of the Motor Vehicle Standards Act 1989 of the Commonwealth, to place identification plates showing compliance with ADR 83/00 on motor vehicles of that type.

137.   Silencing device for exhaust systems

A motor vehicle propelled by an internal combustion engine must be fitted with an effective silencing device through which all the exhaust from the engine passes.

Subdivision 2 - Noise levels applying to pre-2004 motor vehicles

137A.   Application

This Subdivision applies to a motor vehicle other than a motor vehicle certified to ADR 83/00.

138.   Stationary noise levels: car-type vehicles and motor bikes and motor trikes

(1)  In this regulation –

car-type vehicle means –

(a) a car; or

(b) a utility truck, panel van or other motor vehicle derived from a car design; or

(c) a motor vehicle with 4 or more wheels that is built mainly to carry not more than 9 people including the driver.

(2)  The stationary noise level of a car-type vehicle, or motor bike or motor trike, must not exceed –

(a) for a car-type vehicle built after 1982, 90dB(A); or

(b) for another car-type vehicle, 96dB(A); or

(c) for a motor bike or motor trike built after February 1985, 94dB(A); or

(d) for another motor bike or motor trike, 100dB(A).

(3)  However, this regulation does not apply to a car-type vehicle built after 1982 for 2 years after the commencement of this regulation, if –

(a) the stationary noise level of the vehicle does not exceed 96dB(A); and

(b) the stationary noise level limit applying to the vehicle under the law of the State or Territory where the vehicle is registered, or otherwise authorised to be driven on a public street, by a vehicle registration authority is not 90dB(A) or less.

Note For vehicles that do not fall within the definition of "motor vehicle" in the Act, the maximum permissible noise levels applying to their use away from public streets are set by the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004 .

139.   Stationary noise levels: other vehicles with spark ignition engines

(1)  This regulation applies to a motor vehicle, except a motor vehicle to which regulation 138 applies, with a spark ignition engine.

(2)  The stationary noise level of the motor vehicle must not exceed the noise level applying to the vehicle under the following table:

Column 1	Column 2	Column 3	Column 4	Column 5
Item	GVM (t)	Exhaust height (mm)	When vehicle built	Noise level (dB(A))
1.	< or = 3.5	< 1500	before July 1983	92
			after June 1983	89
2.	> 3.5	< 1500	before July 1983	98
			after June 1983	95
3.	< or = 3.5	> or = 1500	before July 1983	88
			after June 1983	85
4.	> 3.5	> or = 1500	before July 1983	94
			after June 1983	91

140.   Stationary noise levels: other vehicles with diesel engines

(1)  This regulation applies to a motor vehicle, except a motor vehicle to which regulation 138 applies, with a diesel engine.

(2)  The stationary noise level of the motor vehicle must not exceed the noise level applying to the vehicle under the following table:

Column 1	Column 2	Column 3	Column 4	Column 5
Item	GVM (t)	Exhaust height (mm)	When vehicle built	Noise level (dB(A))
1.	< or = 3.5	< 1500	before July 1980	105
			after June 1980 but before July 1983	102
			after June 1983	99
2.	> 3.5 but < or = 12	< 1500	before July 1980	107
			after June 1980 but before July 1983	104
			after June 1983	101
3.	> 12	< 1500	before July 1980	109
			after June 1980 but before July 1983	106
			after June 1983	103
4.	< or = 3.5	> or = 1500	before July 1980	101
			after June 1980 but before July 1983	98
			after June 1983	95
5.	> 3.5 but < or = 12	> or = 1500	before July 1980	103
			after June 1980 but before July 1983	100
			after June 1983	97
6.	> 12	> or = 1500	before July 1980	105
			after June 1980 but before July 1983	102
			after June 1983	99

Subdivision 3 - Noise levels applying to motor vehicles certified to ADR 83/00

141.   Stationary noise levels

The stationary noise level of a motor vehicle that is certified to ADR 83/00 must not exceed, by more than 5dB(A), the noise level that is established for the motor vehicle when it is certified.

13.    Regulation 146 amended (Drawbar couplings)

Regulation 146 of the Principal Regulations is amended as follows:

(a) by omitting from subregulation (1) ", except a semi-trailer or pole-type trailer,";

(b) by omitting from subregulation (2)(a) "with a GTM over 4.5 tonnes built after 1 July 1991".

14.    Regulation 172 amended (Dictionary)

Regulation 172 of the Principal Regulations is amended as follows:

(a) by omitting the definition of Ministerial Council ;

(b) by inserting the following definition after the definition of vacuum brakes :

Vehicle Standards Bulletin (VSB) means a Vehicle Standards Bulletin published by the Department of Infrastructure, Transport, Regional Development and Local Government of the Commonwealth;

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 17 December 2008

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Vehicle and Traffic (Vehicle Standards) Regulations 2001 by –

(a) revising certain regulations so they are consistent with changes to national vehicle standards; and

(b) effecting minor statute law revision.