Government response to Issues raised during 2018 consultation on Road Vehicle Standards Legislation

IssueGovernment Position
Vehicle modifications prior to first provision—Heavy Vehicles

The RVS Bill  (s25) allows for modification after RAV entry but prior to provision where:
  • it is consistent with the original type approval; or
  • as allowed by the Rules (which currently specifies only under a Second Stage Manufacture process).
The high level of task specific customisation in the Heavy Vehicle industry requires greater flexibility on the policy position. The Government has agreed to amend the draft Rules to allow for the modification of heavy vehicles, prior to provision to a customer, according to Vehicle Standard Bulletin 6 (the National Code of Practice for Heavy Vehicle Modification).
Specialist and Enthusiast Vehicle register eligibility—Heavy Commercial Vehicles

Heavy commercial vehicles were excluded from the left hand drive original manufacture category because of the increase in community risk when in commercial use for haulage purposes and the potential unintended consequence of increasing the average age of the heavy vehicle fleet.
The Government has agreed to include heavy vehicles as eligible for consideration on the specialist and enthusiast vehicle pathway—requiring these vehicles to be made fully compliant with the Australian Design Rules applicable at the time of importation in order to minimise community risk.
Specialist and Enthusiast Vehicle register eligibility—Definition of a Variant

The distinction between one variant of a vehicle model and another variant, used in the consideration of eligibility for entry onto the register, was insufficient for stakeholders in the draft Rules.  
The Government has taken on feedback from industry stakeholders and is close to finalising a clarification on the definition of a variant. This will be achieved by listing vehicle characteristics considered to amount to a significant difference. This would not preclude a number of ‘insignificant’ differences potentially combining to make a significant difference.
Specialist and Enthusiast Vehicle register eligibility—Performance Criteria

The eligibility threshold for the Specialist and Enthusiast performance criteria was set at 110kW/tonne for vehicles manufactured in 1992 and rising by 1 kW/ tonne for each year of manufacture after that.
The Government has agreed to a revised position—110 kW/tonne from 1992, without annual increment, until 2020 and then raised to 130kW/tonne and remain flat after that.
Specialist and Enthusiast Vehicle register eligibility—Campervan Criteria

Only providing for the importation of vehicles originally supplied in source markets as campervans or mobile homes.
The Government has agreed to provide for the importation of base vehicles for genuine and substantive conversion to campervans / motor homes. Requirements of the conversion will incorporate substantive modifications that are integral to the vehicle's functionality as a campervan / motorhome—such as plumbing, gas fittings, roof–line alterations—and the vehicle will be inspected by an Authorised Vehicle Verifier.
Commencment of new SEV Register

Provisions relating to the new Specialist and Enthusiast Register will commence with the substantive commencement of the legislation (12 months after Royal Assent to the Bills).
The Government has agreed to receive and assess applications for entries onto the new Specialist and Enthusiast Vehicle register three months prior to substantive commencement of the new legislation.
Registered Automotive Workshops

Registered Automotive Workshop approvals require renewal after two years.
The Government has agreed to extend the period of Registered Automotive Workshop approvals to five years.
Authorised Vehicle Verification

Authorised Vehicle Verifier approvals require renewal after two years.
The Government has agreed to extend the period of Authorised Vehicle Verifiers approvals to five years.
Authorised Vehicle Verification checks

The draft Rules allow Authorised Vehicle Verification inspections to occur overseas.
The Government has agreed to require an inspection by Authorised Vehicle Verifiers to occur in Australia only.
Type Approval

Type approvals require renewal after five years.
The Government has agreed to extend the period of type approvals to seven years.