Registered automotive workshops

The Road Vehicle Standards legislation and registered automotive workshops

The Road Vehicle Standards Act 2018 (RVSA) replaced the Motor Vehicle Standards Act 1989 on 1 July 2021.

The detail of how the new regulatory framework operates is contained in subsidiary legislation, the Road Vehicle Standards Rules 2019 (the Rules). The RVSA and other related legislation is collectively referred to as the Road Vehicle Standards (RVS) legislation.

A registered automotive workshop (RAW) approval granted under the RVS legislation allows the approval holder to manufacture or modify vehicles in accordance with an approved Model Report for that vehicle.

A RAW approval holder cannot simultaneously hold an authorised vehicle verifier (AVV) approval.

The Secretary of the department (the Secretary) is authorised under the RVS legislation to, amongst other things, grant or refuse to grant an approval for a RAW.

Why do we need approved RAWs?

Under the RVS legislation, certain vehicles cannot be entered on the Register of Approved Vehicles (RAV) through the concessional RAV entry approval pathway until:

they have been modified or manufactured by the holder of a RAW approval in accordance with an approved Model Report, and
verified by the holder of an AVV approval.

A RAW approval holder does not manufacture or modify road vehicles under the type approval pathway.

The RAW approval holder must follow the requirements specified in the Work Instructions of the approved Model Report for that vehicle and sign a declaration before presenting the vehicle to an approved AVV for verification. Figure 1 below shows when a RAW approval holder would be engaged and what is expected.

Figure 1. Types of vehicles requiring a RAW's services

What vehicles can a RAW approval holder modify or manufacture?

Certain vehicles that satisfy eligibility criteria set out for the concessional RAV entry approval pathway under section 37 of the Rules must be modified by the holder of a RAW approval. The concessional RAV entry approval holder must have, or be able to access, an approved Model Report that applies to that vehicle. To satisfy this criterion the road vehicle must be:

covered by an entry on the Specialist and Enthusiast Vehicles (SEVs) Register, or
a used two-wheeled vehicle or a used three-wheeled vehicle, or
a road vehicle that:
- is entered on the RAV via the type approval pathway, and
- has not been provided to a consumer for the first time in Australia, and
- has been, is currently undergoing or will be subject to second stage of manufacture (SSM) before being provided to a consumer for the first time in Australia
  - Second stage manufacture of vehicles – Overview

IMPORTANT: All vehicles modified or manufactured by the holder of a RAW approval in accordance with an approved Model Report MUST be independently verified in Australia by the holder of an AVV approval before the vehicle can be entered on to the RAV.

Who engages a RAW?

A concessional RAV entry approval holder under section 37 of the Rules must engage a RAW approval holder. The eligibility of their approval requires that an approved RAW must undertake the manufacture or modification in accordance with an approved Model Report for the vehicle.

The concessional RAV entry approval holder is required to have, or be able to access, the approved Model Report for the vehicle.

The relevant approved Model Report may be accessed direct from the Model Report approval holder or via the RAW approval holder who accesses it from the Model Report approval holder.

It is possible for an entity to hold one or more approvals in the process to meet eligibility under section 37 of the Rules. However, a RAW approval holder cannot also be an AVV approval holder.

The department will publish the business names and contact details of approved RAWs on the list of RAW approval holders on its ROVER website. To assist when selecting an appropriate approved RAW, the vehicle categories and span of operations of the RAW approval holder will also be publicly available.

What is a RAW approval holder required to do?

Under the RVS legislation, a RAW approval holder is required to follow the required checks and steps detailed in the Work Instructions of an approved Model Report for the vehicle that requires manufacture or modification in accordance with the approved Model Report. Specifically, under section 37 of the Rules a RAW approval holder will be engaged by the concessional RAV entry approval holder for the vehicle.

It is a Model Report author who develops the Work Instructions by following the requirements as determined by the Minister. The Work Instructions are assessed and form a key requirement of the approved Model Report.

As a RAW approval holder you must:

ensure you have access to and are using the current version of the approved Model Report Work Instructions for the vehicle
check the vehicle relates to the concessional RAV entry approval
check the vehicle to be modified is the same vehicle that applies to the approved Model Report
ensure your RAW approval granted covers the type of vehicle to be modified, or if not, request a variation to your RAW approval to meet additional vehicle categories or span of operations
notify the department if there is a suspicion of non-compliance or fraud in relation to the road vehicle
notify the department and discontinue work on the vehicle if there is any damage or corrosion, or repair of damage or corrosion that exceeds the limit thresholds detailed in the Road Vehicle Standards (Limit of Acceptable Damage or Corrosion) Determination 2021
retain all records relating to the operations conducted under your RAW approval for 7 years from the date a record was made
retain and maintain procedures that you have such equipment and trained personnel as necessary to perform manufacture or modification work in accordance with an approved Model Report
ensure that all procedures are kept up to date and made readily available to appropriate trained personnel
notify the department of any changes to the key management personnel or significant changes in control under your RAW approval as soon as practicable
notify the department of any errors in approved Model Reports that you become aware of.

IMPORTANT:

All steps and checks must be followed in accordance with the approved Model Report Work Instructions before signing the RAW Declaration and presenting:

the vehicle,
the signed declaration, and
any supporting material

to an AVV approval holder for vehicle verification.

Quality management systems

Under section 58(b) of the RVS Rules, RAWs must have a quality management system. Table 1 in the Guide to registered automotive workshops and Appendix 3 have further details.