I agree - ADRs set the minimum standards for new vehicles in Australia - the States cannot over ride them from the point of setting lower standards but can require higher standards.
An example of this was Electronic Stability Control - may have changed now but was not an ADR requirement so vehicles could be sold in Aust without it but Vic said that any vehicle sold there had to have it - as a result some Chery models could not be sold in Vic but were elsewhere in Aust and a few 4wds like the Patrol had to seek exemptions.
Where any State legislation conflicts with Commonwealth legislation, Commonwealth legislation applies and overrides State legislation.
Garry
REMLR 243
2007 Range Rover Sport TDV6
1977 FC 101
1976 Jaguar XJ12C
1973 Haflinger AP700
1971 Jaguar V12 E-Type Series 3 Roadster
1957 Series 1 88"
1957 Series 1 88" Station Wagon
This is the only time the federal gov has any control over a vehicle’s compliance.
A perfect example is the required compliance relating to exhaust emissions. As long as the vehicle complies at the time the plate is to be installed, that is all that is required.
VW has two forms of switching that allows the owner of the vehicle to either override the emission controls for a given trip by pressing a button or by setting a different switch, the owner can permanently override the emission controls.
And note, the new D4 will have both an ECO emissions control system, and a trip override button.
Another example of the non compliance of ADRs by the states.
In all states, except QLD, up until about 5 years ago, as per the "RECOMMENDATIONS" of the ADRs, it was illegal to fit driving lights higher than the highest point of a vehicle’s headlights.
Queensland has NEVER had a height limitation of driving lights and roof lights have always been legal.
As I posted above, the ADRs are NOT binding on the states, the states simply use them as they see fit.
Furthermore, while it is now legal to fit roof mounted lights in NSW, I have no idea whether the other states have followed, seeing as the ADRs have now been changed to allow roof mounted lights.
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