National Heavy Vehicle Regulator
2014 Review of the Motor Vehicle Standards Act
1989
1 Direct response to the options discussion paper
The efficiency and effectiveness of the Motor Vehicle Standards Act (MVSA) can be improved in a
number of areas. The NHVR’s responses to the questions posed in the Options Discussion Paper are
provided in section two of this submission. There are four key areas that the NHVR are keen to have
further dialogue with Commonwealth on to explore options for improvement. Specifically they
include:
1.1 Supply to market
Many heavy vehicles in Australia only receive their final body fitment, or other customisation, at the
time that they are sold by a dealer to a transport operator. Previous State-based regulators have
adopted different policies as to when they considered a heavy vehicle to be completely
manufactured and the Commonwealth’s regulatory agenda has not always been consistent in this
regard
The NHVR is supportive of Commonwealth developing a nationally consistent position on when a
vehicle is considered supplied to market. This is of significance to the NHVR as it dictates when the
Regulator’s powers commence in relation to reviewing any modification of a heavy vehicle and when
the in-service vehicle standards are applicable.
The NHVR encounters recurrent definitional difficulties surrounding the boundary between when a
vehicle has ceased being ‘manufactured’ and when it has entered into an ‘in-service’ status.
1.2 Importation of special purpose vehicles
The NHVR supports improvements in relation to the importation of special purpose vehicles. The
requirement for In-principle Support Applications to be processed by the NHVR in consultation with
the Commonwealth and individual registration authorities creates a level of administrative burden
that can be made more efficient.
The NHVR has views on options to improve this aspect of the Regulator’s business processes and
how it interacts with the Commonwealth. The NHVR would welcome further discussion with the
Commonwealth in this area.
1.3 Decision making
With the commencement of the NHVR there is an opportunity to further review the decision making
frameworks associated with many of the Commonwealths committees and sub-committees, in
particular where such decisions relate solely to management of heavy vehicles.
The NHVR would welcome the opportunity to enter into further dialogue with the Commonwealth
about the development of alternative decision making processes to facilitate red tape reduction and
efficiencies in implementation of significant vehicle standards reforms.
1.4 Ongoing Commonwealth role
ADR’s must be capable of meeting industry needs. It is necessary in some circumstances that
Australia modify and adopt international standards for our operational environment. In all other
respects we should align to UN Regulation. In some instances Australian standards are higher than
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2014 Review Motor Vehicle Standards Act 1989 – NHVR Submission
www.nhvr.gov.au
the UN standards. It is important that Australia continue to maintain the ADR’s ensuring our ability to
adapt and create a more productive environment for the management of the heavy vehicle fleet.
The NHVR creates an opportunity, through the Heavy Vehicle National Law (HVNL) and Heavy Vehicle
(Vehicle Standards) National Regulation (HV(VS)NR), for the Commonwealth to create further
efficiencies. The NHVR would welcome the opportunity to work constructively with the
Commonwealth in addressing some of the themes and directions proposed in the paper to reduce
regulatory burdens on consumers and industry.
2 Responses to options discussion paper questions
Further to the above direct response to your call for submissions, please accept additional answers
to questions posed in the Options Discussion Paper in the below table.
Question No.
Question
Comments
Have the problems with the
current situation been reflected
accurately and are there other
problems that should be
addressed?
The review paper raises many questions that are
appropriate highlighting a number of gaps,
including those outlined above in regards to supply
to market, special purpose vehicles, decision
making and the ongoing role of the Commonwealth,
in particular with regard to the commencement of
the NHVR.
5. Is there a problem?
5.1
7. What policy options could be considered?
7-1
What are the benefits or costs
of refining the risk based
approach to the regulation of
vehicles entering the Australia
market?
This approach works well for main stream major
manufacturers but smaller volume manufacturers
may consume a disproportionate number of the
department’s resources.
Requires a stronger regulatory framework with
readily imposed sanctions.
7-3
Does a case still exist for
Australian Government
intervention in vehicle
standards?
The NHVR is of the view that regulatory
intervention is still required in the interest of safety,
environmental and consumer protection,
particularly given that no manufacturing of light
vehicles will occur in Australia post 2017.
The regulatory intervention of the Commonwealth
has been a very significant intervention that should
therefore continue.
Setting and ensuring safety standards are applied
for Australia is an important outcome that the
Commonwealth should continue and strengthen its
current role given the benefits to the Australian
vehicle market, industry and consumers.
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2014 Review Motor Vehicle Standards Act 1989 – NHVR Submission
www.nhvr.gov.au
Question No.
Question
Comments
7-4
Could the Australian Vehicle
Standards Rules be used as an
alternative to the national
standards? If so, what would be
the necessary approach to
minimise the regulatory burden,
industry compliance costs and
inconsistent application across
states and territories?
With the introduction of the NHVR theoretically this
is now a feasible option for heavy vehicles as ‘inservice’ vehicle standards can be managed through
the Heavy Vehicle (Vehicle Standards) National
Regulation (HV(VS)NR).
The NHVR would welcome the opportunity to
explore and work cooperatively with the
Commonwealth on how best to incorporate design
and vehicle standards requirements in the ADR’s
into the HVNL and the HV(VS)NR.
7-5
Are there non-regulatory ways
of achieving the same policy
objectives of road safety,
environment, security, and
adequate consumer choice?
Regulated minimum standards are required to
ensure vehicle theft prevention and environmental
protection and that vehicles are safe.
Manufacturers are then better placed to make
decisions about higher standards to meet consumer
demand for safer and more environmentally
friendly vehicles. Competition then drives consumer
choice based on features that exceed the minimum
standards. ANCAP – is a good example, however
without the base safety requirements to leverage
from, the results may well be negated.
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2014 Review Motor Vehicle Standards Act 1989 – NHVR Submission
www.nhvr.gov.au
Question No.
7-6
7-10
Question
What other legislative ‘fixes’ to
the Act do you consider
necessary?
What regulatory services under
the Act could be delivered
through private sector or other
organisations?
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Comments

Policy matters that impinge on in-service
vehicles. For example:
o clarification of when a vehicle is supplied to
market - at which point do Commonwealth
powers cease and NHVR powers commence
in relation to in-service heavy vehicles;
o clarification of when NHVR modification
laws apply;
o clarification of when; a vehicle is complete,
when its identification plate has been fitted
to signify that the vehicle meets the
Identification Plate Approval (IPA) for that
vehicle; and that any changes subsequent
to the manufacturer certifying that the
vehicle is complete (fitting of an
Identification Plate) requires its own
separate approval/certification. Note:
Appropriate schemes exist for this function
(SSM/ VSB6).

Further strengthening of the Act to ensure that
the Australian legislation reduces capacity for
legislative overlap such as jurisdictions
introducing requirements for vehicle standards
outside the Commonwealth certification
system. (Application should be considered for
all heavy vehicles and especially for all rigid
special purpose vehicles such as mobile cranes,
drilling rigs and concrete pumps).

Further strengthening of the Act is required in
regards to the definition of special purpose
vehicles such as mobile cranes, drilling rigs and
concrete pumps, particularly where they are
mounted to a truck based chassis. Clear and
strong definition of ‘truck based’ and what it
includes and excludes (built on an existing truck
base versus specific platform type vehicles).
The NHVR is of the view that the Commonwealth
could create type approvals for certain categories of
special purpose vehicles (Model and Type), such as
cranes, to reduce the administrative burden when
manufacturing or importing.
For example, where a crane (or other SPV) has been
imported it could be added to an approval list
whereby a fee could be paid and the approval then
issued subject to the vehicle meeting the type
approval.
This would be a self-declaration by the applicant
and be subject to verification by a weigh and
measure or registration inspection.
2014 Review Motor Vehicle Standards Act 1989 – NHVR Submission
www.nhvr.gov.au
Question No.
Question
Comments
7-11
What regulatory mechanisms
should be in place to ensure
that motor vehicles are
effectively recalled when safety
concerns arise?
7-12
What costs and benefits do you
see from providing a legislated
role for the vehicle safety
standards regulator in vehicle
safety recalls?
Ensure linkages to consumer protection legislation
are strong and viable – penalties for not taking
appropriate action should be strong. These
penalties tend to be more effective under
Consumer Protection Law than vehicle standards
law.
Recalls should be clearly stated as part of any IPA to
ensure design and quality of the components,
especially safety components, meeting the relevant
design standard throughout the vehicle’s life cycle.
7-16
Is there benefit in providing for
the approval of modules of
design/ assembly of a vehicle?
How could this be done to
ensure the certification is valid
for a range of later added
componentry and bodies?
The NHVR recommends that type approvals be
permitted for special purpose vehicles which would
significantly reduce the regulatory burden whereby
applicants would not be required to apply for an Inprinciple Support Application from the NHVR for
each individual vehicle seeking to be imported.
Modules of design assembly would need to specify
final options and standards (size, mass power etc.)
as well as integration of components.
Key components (e.g. couplings) should have the
final product specified with each component
identified.
7-24
Do you agree that the
concessional options could be
grouped into risk categories to
allow the possible consolidation
of the scheme? If so, do you
agree with the model proposed
in this review?
The NHVR supports the concept of grouping types
of imports based on risk as proposed in the paper.
For special purpose vehicles included in scheme 3,
vehicle standards will require development and
management by a Commonwealth certification
system that identifies what standards vehicles must
meet for road use in Australia. It should also clarify
the vehicles that can be imported, related to; their
special purpose, availability in Australia and type of
vehicle.
Any scheme must consider the efficiencies of the
industry that uses the vehicle, e.g. construction and
mining etc.
7-27
Could the regulation of the
Registered Automotive
Workshops and the New Low
Volume Manufacturers be
combined under a new
legislative framework (as
illustrated in Figure 3)?
Refer 7.24. - Vehicle types and eligibility needs to be
closely managed. The scheme must address the
category of vehicle as it will end up on the
Australian market.
Must specify the final vehicle category so that the
imported vehicle enters the market in the category
approved.
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2014 Review Motor Vehicle Standards Act 1989 – NHVR Submission
www.nhvr.gov.au
Response to Proposed Options
Option
1
Description
Do nothing
Comments
The NHVR believes the current review of the Act is an
opportunity to improve the regulatory environment,
particularly given significant changes to the automotive
industry to occur in Australia by 2017.
The benefits of an Australian standard (ADRs) for all vehicles
across Australia could considerable and should be maintained.
How this is achieved presents an opportunity to create a more
efficient regulatory environment.
2
Repeal the legislation
The appropriate regulation of vehicle standards is an ongoing
requirement to cater for safety, environmental and the
consumer protection objectives of the Act. The NHVR does
not support the repealing of the Act, however supports
opportunities to investigate improvements to the Act.
3/ 4
Modernise the legislation/
Strengthen the legislation
The NHVR strongly supports these options the need to
improve the clarification of a number of areas and to
strengthen the operation of a number of schemes under the
Act. The NHVR is open to exploring the benefits that can be
achieved through transfer of responsibilities from the Act to
the HVNL.
5
Harmonisation of Australian
vehicle standards with
international standards
6
Streamline new vehicle
certification processes
The preferred approach by the NHVR is adopting the UN
Regulations as the standard, maintaining the capacity to allow
for variations for unique and specific Australian operating
conditions, either through continued use of ADR’s or by
increasing the powers within the HVNL.
Demonstrated braking compatibility across all braking
methods must be a requirement, in particular between prime
movers and trailers.
7
8
Reduce the barriers to the
importation of second-hand
quality vehicles and
personally imported new
vehicles
Heavy vehicle differences between US, Japan and the EU (e.g.
width) make this difficult without wider change to standards
(ADRs and infrastructure limits).
Reduce/ consolidate
concessional arrangements
There is an opportunity to create further value in this area in
both administrative efficiency and reducing consumer cost,
however further detail is required.
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It also raises issues about industry’s capability to manage the
in-service support of many of these vehicles as they are
constructed to different standards and increased consumer
protection would be a must.
2014 Review Motor Vehicle Standards Act 1989 – NHVR Submission
www.nhvr.gov.au