The Australian Design Rules (ADRs) & International Harmonisation

1. The Australian Design Rules (ADRs) & International Harmonisation ComVec-12 June 2012 Steven Hoy Vehicle Safety Standards Branch (VSS) Commonwealth Department of Infrastructure and Transport (DIT)

2. Introduction cont. • In 1965, under questioning by Senator Robert Kennedy during US senate hearings, a major manufacturer revealed that only around 0.1% of their profit was being spent on safety research. • By 1966 in the US, the National Traffic and Motor Vehicle Safety Act began to enact standards for vehicle design and performance. • This was a major turning point for vehicle regulation, as it acknowledged that the freedom given by the motor car had come at a high price.

3. Topics Standards in Australia • Background to the Australian Design Rules (ADRs) • Changes to the ADR consultative forums International Standards • UNECE 1958 Agreement and 1998 Agreement • Applied regulations and the ADR-Harmonisation – mutual recognition of international standards and IWVTA International and Australian Work Plan • New ADRs and amended ADRs

4. New vehicles sold in Australia Commonwealth legislation: Motor Vehicle Standards Act 1989 • Uniform National Vehicle Standards • Australian Design Rules (ADRs) for road vehicles • safe to use; • control emissions; • secure from theft. • Type approval • approval of a design rather than of each individually produced item • may be a complete vehicle or a component for fitting to a new vehicle

5. Meeting the ADRs“The Identification Plate”

6. Vehicles “in-service” • States and territories legislate “in-service” requirements (vehicle registration, licensing, roadworthiness, continued compliance with ADRs etc) • In-service vehicle requirements are based on the model legislation – the Australian Vehicles Standard Rules (AVSRs) • States and territory legislation takes over from Commonwealth after “supply to the market” (nominally the point of registration)

7. Regulation Setting In Australia • Regulatory principles set by the Council of Australian Governments (COAG) • Body chaired by the Prime Minister and including state premiers, territory chief ministers and ALGA • First set in 1994 as part of competition policy reforms • “Administered” by Office of Best Practice Regulation • Procedural framework for preparation of regulations for voting by Ministerial Councils

8. COAG Principles- Basic Objectives • Minimise impact on competition • Provide predictable outcome • International standards • compatible with international standards • not a technical barrier to trade (WTO) • Ensure regular review of regulations • Ensure regulations are flexible (easily amended as required) http://www.finance.gov.au/obpr/proposal/coag-requirements.html

9. The changing ADRs • 1970s – ADRs based on Society of Automotive Engineers (SAE) recommended test procedures and performance requirements • similar to the United States requirements • 1980s – policy of “harmonising” new ADRs with international requirements • United Nations Economic Commission for Europe (UNECE) regulations recognised as the peak international standards • 1990s to 2000s – review of existing ADRs • 80% are now harmonised (or partially harmonised) with UNECE regulations and the recent UNECE Global Technical Regulations (GTRs). Expected to reach around 90% eventually • 2010 to 2020s – next generation of ADRs • New or revised passenger car occupant protection ADRs • New or revised heavy vehicle ADRs on braking and electronic safety systems

10. ADR consultative groups • Until recently, the Australian Motor Vehicle Certification Board (AMVCB) and the Technical Liaison Group (TLG) were the primary consultative groups for development and implementation of the ADRs • The AMVCB comprises state and territory governments and the Commonwealth • The TLG comprises the vehicle industry, road user groups, state and territory governments and the Commonwealth (including NTC and NHVR). This includes heavy vehicle representatives CVIAA, TIC, ARTSA, ATA, BIC

11. ADR consultative groups cont. • From mid 2010 a higher level strategic group was added, the Strategic Vehicle Safety and Environment Group (SVSEG) • The SVSEG comprises senior officers from the vehicle industry, road user groups, state and territory governments and the Commonwealth (including NTC and NHVR):

12. ADR consultative groups cont. • SVSEG • Considers broader strategic vehicle safety issues such as those in line with the 2011-20 National Road Safety Strategy • Agrees on the national regulatory and non-regulatory program for vehicle safety • Includes environmental aspects where they cross-over with safety • Is a good opportunity for the vehicle industry to work with the decision makers in government

13. The United Nations Economic Commission for Europe The World Forum for Harmonisation of Motor Vehicle Standards: WP29

14. WP 29 • WP 29 held its first session in February 1953 • Several European countries and non-government organisations • The Rome Agreement of 1956 officially recognised the need for not only safety concerns but tackles the problems of diverse European state regulations • WP 29 became known as the “World Forum for Harmonisation of Vehicle Regulations” in March 2000

15. WP 29 Sub Groups: • GRPE (Pollution and Energy) • GRSG (General Safety) • GRRF (Brakes and Running Gear) • GRE (Lighting and Light Signalling) • GRSP (Passive Safety) • GRP (Noise) • Informal groups formed under working groups to explore specific issues

16. UNECE 1958 Agreement (“ECE Regulations”)UNECE 1998 Agreement (“GTRs”)

17. 1958 Agreement

18. 1958 Agreement cont;Contracting Parties (currently 58)

19. 1958 Agreement cont. • Entered into force on 20 June 1959. • Administered by the United Nations Working Party 29 (WP29) • Full title • “Agreement Concerning The Adoption Of Uniform Technical Prescriptions For Wheeled Vehicles, Equipment And Parts Which Can Be Fitted And/Or Be Used On Wheeled Vehicles And The Conditions For Reciprocal Recognition Of Approvals Granted On The Basis Of These Prescriptions.” • Sets international vehicle regulations as UNECE Regulations • Current UNECE Regulations total 126 (first one was headlamps)

20. 1958 Agreement cont. What it does • Develops international UNECE (UN) regulations in a forum open to any country to join in. • Allows these regulations to be adopted into national regulations (in our case the ADRs) • Allows interested countries to approve products to the UNECE regulations; and so • have other countries accept the products without further testing.

21. 1958 Agreement cont; • Progressively attracted interest from non-European countries • Japan first non-European country to accede to the Agreement (1998) • Followed by Australia and the Ukraine (2000), South Africa (2001), New Zealand (2002), Korea, Malaysia and Thailand amongst others • Does not preclude self-certification countries • Anyone may attend as an observer

22. 1958 Agreement cont; • Do not have to apply regulations on signing • Once a contracting party has applied a regulation, it may grant type approvals for motor vehicle equipment and parts covered by that regulation and must accept the type approval of another contracting party that has applied the regulation • Can apply a regulation, upon notice, at any time • Can cease application of a regulation upon one years’ notification to the UN • Contracting parties granting type approvals must have technical competence to do so and to ensure conformity of production

23. “E” marking and “e” marking What’s the difference? • “E” marking is an approval to the international UNECE regulations. Australia is a party to the 1958 Agreement for UNECE regulations and so can participate in development, voting and the dispute process for products approved with an E mark. • “e” marking is an approval to European Union (EU or EC or EEC) regulations. Australia has no rights to any activities regarding these approvals and cannot do so as it is not part of the European Union.

24. Regional Approvals – e marking The front underrun protective device bearing the above EC type-approval mark is a device which has been approved in Germany (e 1) under the base approval number 2439 on the basis of this Directive. The figures used are only indicative.

25. International Approvals – E marking

26. 1958 Agreement cont; • New regulations and amendments to existing regulations require a two-thirds majority vote • New regulations and amendments to existing regulations enter into force within six months after notification unless a contracting party notifies the UN of their objection within that time • If more than one-third of contracting parties so nominate, the regulations do not enter into force for any contracting party

27. 1958 Agreement cont; • If regulations “applied”, must accept type approvals issued by the other contracting parties who have applied the regulation • Can take any UNECE regulation into domestic legislation without signing the agreement or applying regulations • Australia did this for a number of years • All contracting parties may vote on new regulations, but only on amendments to existing regulations where they have been applied

28. 1998 Agreement

29. 1998 AgreementContracting Parties (currently 31 (plus the EU))

30. 1998 Agreement cont; • The 1998 Agreement caters for those countries that are unable to join the 1958 Agreement • It suits “Self-certification” systems for meeting standards • It does not contain approval or mutual recognition arrangements

31. 1998 Agreement cont. • Entered into force in August 2000. Australia signed in 2008 • Administered by the United Nations • Full title • “Agreement concerning the Establishing of Global Technical Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles.” • Sets template standards, Global Technical Regulations (GTRs) which can be adopted as UNECE Regulations or as domestic regulations such as the ADRs. • Voting is by consensus

32. Current GTRs • Head Restraints • Electronic Stability Control • Pedestrian Protection • Off-cycle emissions • compression-ignition engine emissions for agricultural tractors • motorcycle controls, tell-tales and indicators • Door Locks • Emissions for 2 wheeled vehicles • Motor Cycle Brakes • Emissions for vehicles up to 3.5 tonne GVM • On-Board Diagnostic Systems for motor vehicles • Safety Glazing

33. 1998 Agreement cont. What it does • Develops “template” regulations in a forum open to any country to join in • Includes detailed technical requirements, without any form of discretion by approval authorities • Requires any contracting party to review the case for adopting a new Global Technical Regulation (GTR) in its domestic regulations within a year (in our case the ADRs)

34. 1998 Agreementcont. GTRs may be established by two routes: • Harmonisation of existing regulations or standards • UNECE Regulations are automatic candidates to be established as GTRs • Any Contracting Party may nominate pre-existing national standards • Establishing new GTR where no regulations or standards exist

35. Accession to the 1998 Agreement • Australia acceded to the agreement in April 2008 • The 1998 Agreement is only just starting to have an impact • It is the “next stage” in harmonisation • To lower costs, enhance market opportunities and increase flexibility – especially for Australian export product

36. International Whole Vehicle Type Approval (IWVTA) • New requirements for whole vehicle type approval are being discussed. For the moment applying to M1 vehicles only: • Contracting Parties to the 1958 Agreement would be able to adopt UN Regulation No.0 • A Contracting Party who adopts UN R0 could issue whole vehicle type approvals • Once UN R0 is adopted by a Contracting Party, all the UN Regulations in the List of necessary UN regulations would also be adopted simultaneously (no additional procedure) by the Contracting Party • Once an UN R0 approval is obtained, it would be unnecessary to use component approval marking

37. Harmonisation of ADRs • Passenger vehicles and motorcycles are almost 100% harmonised with UNECE regulations (and GTRs are accepted where they exist) • Heavy vehicles more difficult • Accept international regulations but don’t necessarily need to enforce all requirements (eg extreme cold weather testing)

38. Harmonisation status of ADRs • 47 ADRs have been fully harmonised with UNECE Regulations and 1 with a GTR as an alternative standard, in ADR 2 – Side Door Latches and Hinges as well as references to GTR 8 for ESC in ADRs 31 and 35 (braking) • Fully harmonised status allows a vehicle manufacturer to either provide a UNECE approval or test to the technical requirements of the UNECE Regulation in order to demonstrate compliance with the relevant ADR • There are 7 ADRs that have been partially harmonised with the UNECE Regulations • Partially harmonised status is similar to the fully harmonised status however, there are some additional Australian requirements that must be met • There are 14 ADRs that are not harmonised.

39. Applied Regulations In 2010 Australia “applied” twenty nine UNECE Regulations: • Australia must accept valid approvals to these regulations as evidence of compliance to the ADRs (on the same topic). • The regulations that were chosen were at the time already referenced in the ADRs as alternative standards. In March 2012, the ADR-Harmonisation was introduced. • Eliminates the problem of an ADR falling out of alignment when a UNECE Regulation is revised, for applied Regulations. • Is an overarching ADR that allows a vehicle manufacturer to meet the version of a UNECE Regulation that is referenced within an ADR, or the latest version of the UNECE Regulation. • The ADR certification forms (SE Forms) are gradually being updated to reflect this. Further details will be provided on the ADR webpage.

40. The future for Australia • Being party to the 1958 and 1998 Agreement allows Australia to be involved in the standards development process • Only when Australia “applies” a UNECE regulation under the 1958 Agreement is it obliged to accept complying product and is able to issue Australian “E” mark approvals • This may be considered in the future: • changes to the Motor Vehicles Standards Act 1989 • administration • allocating test services fees

41. Importance to Australian manufacturers • Parts and systems on new vehicles that are “E marked” are generally accepted without further testing as complying with the relevant harmonised ADRs • Any government signed up to the 1958 Agreement can approve parts to be “E marked” to export from Australia to other countries which accept UNECE approvals • For example, Australian manufactured lamps can be approved by the UK Department for Transport using the test service, Vehicle Certification Agency (VCA), who have an office in Australia, as do TUV Rheinland.

42. International Work plan • Ongoing work for heavy vehicles includes: • Noise – sound limit values being reviewed • Lighting – consolidation and minor adjustments to the requirements • Emissions – Euro 5, particle measurement, Gtr alignment, Hydrogen vehicles and environmentally friendly vehicles • Braking – LDW, P-eBA, stop signals, park brake tests, ESC, ITS • General Safety – cab strength, bus structures and configuration, rollover, glazing, mirrors

43. Australian ADR Work plan • Ongoing work for heavy vehicles includes: • National Heavy Vehicle Braking Strategy (NHVBS) (ADRs 35 and 38) • Phase I ABS/LP (2012) • Phase II ESC (2014+) • Lane Departure Warning (LDW) (2012 subject to UN progress) • Advanced Emergency Brake Systems (AEBS) (subject to UN progress) • Cabin Strength (ADR ??) (2013) • Vehicle Configuration & Dimensions, General Safety and Specific Purpose Vehicles (ADRs 42, 43, 44) (Review 2013) • Road Trains/B-doubles and Road Speed Limiting (ADRs 63, 64, 65) (Review 2013+) • Monitor developments in safety technology: ABS, EBS, ESC (DSC and RSC), BA, P-e BA, FCW, LDW, ISAssist, ISAdapt, ACC, SBR, DRLs Note: dates refer to the work being carried out, not the date that the regulation comes into force

44. Review of the ADR Work plan • There has been an rapid expansion of safety research and available safety technology in recent years • Each consultative group has its own perspective on the priorities for future action • The ADR work plan was reviewed by SVSEG towards an agreed set of priorities that would also align with the new National Road Safety Strategy 2011-20 • This has been a major aspect of the work during 2010-11 • Input from members of the consultative groups has been invaluable in this

45. Review of the ADR Work plan cont. • Much of the work plan considers: • Allowing the latest UNECE regulations as alternative standards • Mandating the full requirements of the latest UNECE regulations • Adopting existing UNECE regulations not already in the ADR suite of standards • Increased contribution to the UNECE working parties for new and amended UNECE regulations. • Reviewing the remaining ADRs that have yet to be reviewed under the Government’s ongoing business review agenda • As of mid 2012 this includes 3 new ADRs, 14 major reviews, 3 major amendments, 51 minor amendments, 38 corrections, 49 out-of-date referenced UNECE alternative standards

46. National Heavy Vehicle Braking Strategy (NHVBS) •  Phase I - 2012 • Provision of ABS/variable load proportioning systems • provision of ABS electrical connectors and provision of certification information • Phase II – 2014+ • Aligning system ABS and EBS performance requirements and overall vehicle performance requirements with UNECE R13 • Phase III - 2015-20 • Provision of ESC systems

47. Mass and dimensions • Mass and dimension limits maintain safety with other road users and preserve the infrastructure • They are not internationally agreed as they tend to depend on the infrastructure in each country or region • prescriptive regulations (eg a set dimensional limit) are a crude mechanism, but: • are straightforward to understand and measure and thus compliance checking is relatively simple and cheap; and • allow mixing of combinations • Increasing interest in performance-based standards (PBS) as an adjunct to dimensions and mass rules. Applied to combinations.

48. Couplings • An ongoing balance between: • interchangeability for all combinations; and • dedicated designs suited to dedicated combinations (eg coupling types and installation heights) • The Coupling ADR (62) was re-issued in 2007, accepting UNECE couplings, where compatible with Australian couplings • Amendments for ADR 63 (road train trailers) have been an ongoing consideration regarding coupling D-ratings, heights and underhang requirements

49. Conclusions • The ADRs are continuing to harmonise with international regulations where possible, the recent ADR-Harmonisation and applying of regulations bringing this closer. • The ADR work plan was reviewed by the new peak consultative group SVSEG towards an agreed set of priorities that would also align with the new National Road Safety Strategy 2011-20 • The major items for the 2012+ work program for heavy vehicles will be braking under the NHVBS, as well as LDW and AEBS (subject to UN timing)

50. Thank you