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Vehicle Standard Australian Design Rule 3401 Child - ComLaw

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Vehicle Standard (Australian Design Rule 34/01 ? Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 is made under the Motor Vehicle

Explanatory Statement 1 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor

    Fittings

Vehicle Standard (Australian Design Rule 34/01

    Child Restraint Anchorages and Child Restraint

    Anchor Fittings) 2005

    Made under section 7 of the Motor Vehicle Standards Act 1989

    Explanatory Statement

    Issued by the authority of the Minister for Transport and

    Regional Service

    November 2005

    Explanatory Statement 2 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor Fittings

    CONTENTS

1. LEGISLATIVE CONTEXT............................................................................... 3

    2. IMPACT OF THE LEGISLATIVE INSTRUMENTS ACT 2003 .................... 3

    3. CONTENT AND EFFECT OF ADR 34/01 - CHILD RESTRAINT

    ANCHORAGES AND CHILD RESTRAINT ANCHOR FITTINGS .............. 4

    4. CONSULTATION ARRANGEMENTS ........................................................... 5

    ATTACHMENT A ........................................................................................................... 7

Explanatory Statement 3 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor

    Fittings

1. LEGISLATIVE CONTEXT

    Vehicle Standard (Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005 is made under the Motor Vehicle Standards Act 1989 (the Act). The Act enables the Australian Government to establish nationally

    uniform standards for road vehicles when they are first supplied to the market in

    Australia. The Act applies to such vehicles whether they are manufactured in Australia

    or are imported as new or second hand vehicles. The making of the vehicle standards necessary for the Act's effective operation is

    provided for in section 7 which empowers the Minister to "determine vehicle standards

    for road vehicles or vehicle components".

    Australian Design Rule (ADR) 34/01 was originally determined in Road Vehicle

    (National Standard) Determination No 2 of 1992 and has been amended in five subsequent determinations. ADR 34/01 is being remade to comply with the

    requirements of the Legislative Instruments Act 2003 (LIA) and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments.

    Additionally several minor amendments to the existing content are being made.

    2. IMPACT OF THE LEGISLATIVE INSTRUMENTS ACT 2003

    Until now ADRs have been determined in ―packages‖, that is, a single determination

    was used to create, amend and repeal multiple ADRs. For example, Determination 1 of

    1991 amended 32 ADRs and Determination 2 of 2003 created one new ADR and

    amended 13. The determination is the legislative instrument, not the ADR itself.

The intent of the LIA is to allow easy access to all legislative instruments and to be able

    to track their history and changes. The current form of determination used to created

    vehicle standards does not allow for this as it is difficult to isolate the change history of

    individual ADRs and the legislative instruments (the determinations) do not contain the

    information of importance to those using the ADRs the vehicle standards.

In consultation with the Attorney General‘s Department it has been agreed that the most

    effective solution is to remake each ADR as a separate vehicle standard determined

    under section 7 of the Act. In doing this, there is no need to backcapture the old

    determinations and the new layout better fits the intent of the LIA. With each ADR as a

    separate vehicle standard it will be possible for interested parties to view the ADR and

    its change history on the Federal Register of Legislative Instruments.

Explanatory Statement 4 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor

    Fittings

3. CONTENT AND EFFECT OF ADR 34/01 - CHILD RESTRAINT

    ANCHORAGES AND CHILD RESTRAINT ANCHOR FITTINGS

    3.1. Overview of the ADR

    The function of this ADR is to specify requirements for 'Child Restraint Anchorages'

    and 'Child Restraint Anchor Fittings' which provide for the connection of standard

    'Attaching Clips' so that 'Child Restraints' may be adequately secured to the vehicle.

    3.2. Changes to the ADR

    The following changes have been made to the ADR.

    ? Format. The ADR is now presented as a single column of text rather than two

    columns.

    ? Spelling and grammar. Several typographical errors have been corrected.

    ? Replace clause A with the following.

    A.1 NAME OF STANDARD

    A.1.1 This Standard is the Vehicle Standard (Australian Design Rule 34/01

     Child Restraint Anchorages and Child Restraint Anchor Fittings) 2005.

    A.1.2 This Standard may also be cited as Australian Design Rule 34/01

     Child Restraint Anchorages and Child Restraint Anchor Fittings.

    A.2 COMMENCEMENT

    A.2.1 This Standard commences on the day after it is registered.

    A.3 REPEAL

    A.3.1 This Standard repeals each vehicle standard with the name Australian

    Design Rule 34/01 Child Restraint Anchorages and Child Restraint

    Anchor Fittings that is:

    (a) made under section 7 of the Motor Vehicles Standard Act 1989;

    and

    (b) in force at the commencement of this Standard.

    A.3.2 This Standard also repeals each instrument made under section 7 of the

    Motor Vehicles Standard Act 1989 that creates a vehicle standard with

    the name Australian Design Rule 34/01 Child Restraint Anchorages

    and Child Restraint Anchor Fittings, if there are no other vehicle

    standards created by that instrument, or amendments to vehicle standards

    made by that instrument, that are still in force at the commencement of

    this Standard.

    ? Replace clause 34.1 with ―Refer to Vehicle Standard (Australian Design Rule

    Definitions and Vehicle Categories) 2005‖

    ? Replace clause 34.5 Location Requirements, comprising clauses numbered

    34.5.1 to 34.5.3 and replacing them with the corresponding Section 34.5

    comprising clauses 34.5.1 to 34.5.4.1.3 and by adding a new clause, 34.8

    ALTERNATIVE STANDARDS set out in Attachment A.

Explanatory Statement 5 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor

    Fittings

    ? Insert diagrams set out in Attachment A.

    ? Remove the following line from Figure 1 ―NOTE: Detail A includes 2 x ?6.4

    test rods (see Clause 3.4.2.4(c))‖. This refers to a clause in an Australian

    standard and should not be in the ADR (it is not on the diagram in

    Determination 3 of 1994 where this ADR was last amended).

The text of clause A has been provided by the Attorney General‘s Department to

    facilitate remaking each ADR as a separate legislative instrument. This text repeals and

    replaces each ADR as a vehicle standard independently of the Determination under

    which it was made. Once all ADRs made under a particular Determination have been

    remade, that Determination is repealed.

Changes to clause 34.1 have been made to reference the ADR Definitions and Vehicle

    Categories as remade for the LIA requirements.

The introduction of clause 34.5.4 allows for child restraint anchorage locations for top

    tether zones as set out in US Federal Motor Vehicle Safety Standard 225. This allows

    for greater flexibility for manufacturers without reducing safety. Tests of child restraint

    anchorages in frontal crash simulations have been conducted and reported in ‘AS/NZS

    1754 Child Restraints for Motor Vehicles CS-085 Stage 1 Testing conducted February

    2004’.

    4. CONSULTATION ARRANGEMENTS

    4.1. General Consultation Arrangements

    It has been longstanding practice to consult widely on proposed new or amended

    vehicle standards. For many years there has been active collaboration between the

    Federal and the State/Territory Governments, as well as consultation with industry and

    consumer groups. Much of the consultation takes place within institutional

    arrangements established for this purpose. The analysis and documentation prepared in

    a particular case, and the bodies consulted, depend on the degree of impact the new or

    amended standard is expected to have on industry or road users.

    Depending on the nature of the proposed changes, consultation could involve the

    Technical Liaison Group (TLG), Transport Agencies Chief Executives (TACE), and the

    Australian Transport Council (ATC).

    ? TLG consists of representatives of government (Australian and State/Territory),

    the manufacturing and operational arms of the industry (including organisations

    such as the Federal Chamber of Automotive Industries and the Australian

    Trucking Association) and of representative organisations of consumers and

    road users (particularly through the Australian Automobile Association).

    ? TACE consists of the chief executives of Australian and State/Territory

    departments of transport and road vehicle administrations.

    ? ATC consists of the Australian, State/Territory and New Zealand Ministers with

    responsibility for transport issues.

Explanatory Statement 6 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor

    Fittings

    Editorial changes and changes to correct errors are settled by agreement between the Department of Transport and Regional Services and the National Transport Commission. This process is only invoked where the amendments do not vary the intent of the vehicle standard.

    New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers. Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services. Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation.

    4.2. Specific Consultation Arrangements for this Vehicle Standard

    The amendments to the technical content of this ADR have been discussed with TLG and TACE with no objections being raised. No consultation has been carried out with regards to the necessary changes to comply with the LIA as they are purely administrative.

    The Department of Transport and Regional Services has sought advice and assistance from the Office of Legislative Drafting and the Federal Register of Legislative Instruments on how best to handle the back capture requirements of the LIA.

    The Office of Regulation Review has agreed that a regulation impact statement is not required as only minor amendments that do not increase the stringency of the ADR have been made.

    4.3. Summary of Changes to the Technical Content

    Most of the changes are in relation to the location of the child restraint anchor point. The location requirements are specified to ensure that consumers can gain ready access to the anchor point to enable easy installation of the anchorage hardware (nuts, bolts and the anchorage itself) and having installed the anchorage, to be able to engage the anchorage clip to the anchorage to secure the child restraint top tether strap. The location of the anchor point also determines how the child restraint would behave in a frontal impact, to ensure that it does not acquire an intolerable sideways motion, as can happen if the anchor point is too far to one side of the centre line of the child restraint when installed. After careful consideration, it was agreed to allow a more generous location zone than that which is currently prescribed.

    The only other change was to allow for fully integrated child restraints that some vehicle manufacturers incorporate into the vehicle structure at the design stage. Integrated child restraints do not require any anchorages as they are attached directly to the vehicle‘s structure.

    4.4. Particular Changes The particular clauses that were changed are detailed at Attachment A.

Explanatory Statement 7 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor

    Fittings

    ATTACHMENT A

34.5. LOCATION REQUIREMENTS

    34.5.1. Each ‘Child Restraint Anchorage’ and ‗Child Restraint Anchor

    Fitting‘ must comply with Clause 34.5.2 and Clause 34.5.3 or

    comply with Clause 34.5.4.

    34.5.1. Each ‘Child Restraint Anchorage’ and ‗Child Restraint Anchor

    Fitting‘ must comply with Clause 34.5.2 and Clause 34.5.3, or

    comply with Clause 34.5.4.

    34.5.1.1. In addition, each ‘Child Restraint Anchorage’ and ‗Child

    Restraint Anchor Fitting‘ shall be located within the vehicle in a

    part of the body structure which would not normally be movable,

    or if movable would not alter the tension in any ‘Upper

    Anchorage Strap’ when moved.

    34.5.1.1.1. The requirements of Clause 34.5.1.1 do not apply if the 'Child

    Restraint Anchorage' and 'Child Restraint Anchor Fitting' are

    located on a ‗Seat’.

    34.5.2. In the vertical plane, the entire ‘Interface Profile’ of each ‘Child

    Restraint Anchor Fitting’ shall be located within the shaded area

    shown in Figure 6 with :

    34.5.2.1. the ‘Manikin’ to be positioned in the ‘Seating Reference Plane’

    when the ‘Seat’ and the ‘Seat’ back are in the design position;

    34.5.2.2. the ‗Manikin’s‘H Point’ at the ‘Seating Reference Point’; and 34.5.2.3. the ‘Manikin’s’ ‘Torso Reference Line’ at the same angle from

    the vertical as the ‗Seat’ back.

    34.5.3. In the horizontal plane, the centreline of the ’Interface Profile’ of

    each ‘Child Restraint Anchor Fitting’ shall lie within 40 mm of

    the ‘Seating Reference Plane‘ of the seating position for which

    the ‗Child Restraint Anchor Fitting‘ is provided. 34.5.4. Subject to Clause 34.5.4.1, the entire ‘Interface Profile’ of each

    ‘Child Restraint Anchor Fitting’ shall be located within the

    shaded zone shown in Figures 9 to 13. The zone is defined with

    reference to the ‘Seating Reference Point’. (For purposes of the

    figures, "H Point" is defined to mean ‘Seating Reference Point’.)

    The ‘Interface Profile’ may be recessed in the seat back, provided

    that it is not in the strap wrap-around area at the top of the vehicle

    seat back. For the area under the vehicle seat, the forward most

    edge of the shaded zone is defined by the ‘Torso Reference Line’. 34.5.4.1. The ‘Interface Profile’ may be located outside the shaded zone

    shown in Figures 9 to 13 if a location within that zone is not

    appropriate and the vehicle is equipped with a routing device that,

    34.5.4.1.1. ensures that the ‘Upper Anchorage Strap’ functions as if the

    ‘Interface Profile’ were located within the shaded zone; and,

    34.5.4.1.2. is at least 65 mm behind the ‘Torso Reference Line’, in case of a

    non-rigid webbing-type routing device or a deployable routing

    device, or at least 100 mm behind the ‘Torso Reference Line’, in

    the case of a fixed rigid routing device; and,

    Explanatory Statement 8 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor Fittings

34.5.4.1.3. when tested after being installed as it is intended to be used, the

    device is of sufficient strength to withstand, with the 'Child

    Restraint Anchorage', the strength requirements specified in

    Clause 34.7, excluding sub-clauses 34.7.2.1 and 34.7.2.2.

34.8. ALTERNATIVE STANDARDS

    34.8.1. Where a vehicle manufacturer elects to incorporate a specific

    vehicle child restraint in a vehicle, it must comply with the

    relevant general and particular technical specifications of United

    Nations Economic Commission for Europe Regulation (UNECE)

    No. 44 UNIFORM PROVISIONS CONCERNING THE

    APPROVAL OF RESTRAINING DEVICES FOR CHILD

    OCCUPANTS OF POWER-DRIVEN VEHICLES ("CHILD

    RESTRAINT SYSTEM"), incorporating the 04 series of

    amendments, provided; 34.8.1.1. the restraint is of the type corresponding to a forward facing

    booster cushion which utilises the existing lap/sash seatbelt to

    restrain the child occupant.

Explanatory Statement 9 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor

Fittings

Explanatory Statement 10 Australian Design Rule 34/01 Child Restraint Anchorages and Child Restraint Anchor

Fittings

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