New RTA rules for vehicle modifications

[foamy]

I would assume Peter would be against these reforms (like most of us here), if it meant fewer people bothered having their vehicles engineered?

[river]

Hi,

Yes... or... the new rules allow any competent person (assuming they meet the 100 points and pass the interview with the RTA) to certify vehicles and therefore removes the need to have specialised, dedicated automotive engineers. If I was an automotive engineer who was qualified to inspect and certify modified vehicles, I would see the proposed changes to certify vehicles (by allowing more people to inspect/certify) as a possible loss of income.

But, I think a part of the problem is that certifying a vehicle, and putting your reputation on the line, means you want to be damn sure the vehicle is safe and within the specified ADRs (for modded vehicles). The new rules spend a lot of time informing us of the penalties the certifier will get if they fail in their duties. As such, to cover their butt, a certifier may resort to the ADRs and apply them to the letter.

I need to find the ADRs for modded vehicles.

seeyuzz
river

PS: Found this link NSW RTA Guidelines For Modifying Light Vehicles
http://www.rta.nsw.gov.au/registrati...s_nov_2007.pdf

Here's a link to the 3rd Edition ADRs.... http://www.infrastructure.gov.au/roa...dr_online.aspx
In this document you wiull see all the applicable ADRs, with links to each one for further information. This is good to see specialised ADR for rims, tyres, demisters, emmissions... basically the whole lot.

[oldcorollas]

meh......

[river]

Hi,

Now now OC, don't get uppity.

Basically, from what I have read in the few ADR documents, and some are quite large (ie 325 pages for the emissions ADR), these are guidelines for manufacturers so their vehicle meets with the vehicular standards for Australia.

It all comes down to the question of what actually constitutes a change, in the case of a modified vehicle, that would require the vehicle to be subject to the relevant ADRs?

For example, if you upgrade your brakes, does this mean your vehicle needs to go through the entire gamut of ADR tests as would a newly manufactured vehicle? Or, if you are using off-the-shelf components or components from another (ie previously ADR approved vehicle) that there is no need for the full ADR test, as this test has been performed on the components already (in another vehicle or whatever)?

I did a quick check for my brake upgrade, which is from Hoppers Stoppers. They design their brake upgrade kits within the guidelines of DOTARS and NCOP for light vehicles. Therefore, there is no requirement, in this example, for my vehicle to be subject to a full ADR brake test, as the brake upgrade is approved for my vehicle.

Engines are pretty easy as we don't make engines ourselves. We use the engines from the manufacturers and there are specific guidelines regarding increased capacity for the original vehicle engine size. What is it... 2.5 times engine capacity for NA and 2 times for forced induction, or something like that. So, all you need to do is check emissions, and the fuel delivery set-up.

Not sure about suspension mods. I'll try and check that out later.

What I'm getting at, is most of us add a better engine (or upgrade the current one), do some brake upgrades and better suspension. Often we also do a diff and/or gearbox change. All the components we use are from existing pre-approved/certified vehicles (unless you are someone who has designed and handbuilt your own unique engine, gearbox, brakes, diff and suspension). So, from that perspective your modified vehicle is not something so new and unique that it is to be subjected to the gamut of full ADR tests.

Naturally, this is the type of questions I will be directing to the RTA for clarification.

I could understand that if you put a 2JZ-GTE into a KE10, which means major mods, and you'd need to drive from the rear seats, may require some ADR testing due to the total re-arrangment of the vehicle to accomodate such an engine. Weight would be vastly different, and therefore handling would be unique. Seating needs to change, major body work changes, etc etc. But, for the most of us, our mods are not that drastic and I don't think requires the full ADR testing procedures. Again, I will ask this of the RTA to see what they say.

seeyuzz
river

[o_man_ra23]

My question now is, what qualifies somebody as being competent to be a certifier. As an Engineer myself, I know the rigmorale I have to go through to prove myself as a competent professional in my field. I also know of a few Engineers who I wouldn't deem competent professionals in any field (some have chartered status even, and I refuse to work with these people). And then I also know a number of people who aren't qualified to the n'th degree (they might have an associate diploma or the like), but I would certainly deem them a competent professional.

So yeah, with the new rules, how is a competent person determined? How are they reviewed? From a professional standpoint, this is the clincher.

[river]

Hi,

If you check the second PDF attachment linked in post #17 on the first page of this thread, it describes information about the licenser/certifier requirements. It also describes penalties for various failures in certifying a vehicle.

Here is a cut/paste of the word document I got from the RTA regarding the regulations of the VSCCS. It's readable but not formatted very well and I don't have the time to format it all pretty for the forums. It's a 20 page document with over 40,000 characters, and the post limit is 20,000 so will require 3 posts to dump it all.

If anyone wants it in its nice word format then send me a PM with your email address and I'll send it to you.

Oman, if you read the following it describes how the RTA proposes to validate someone to become a certifier etc. Also it shows the details of what needs to eb checked on a odified car.

Part 1 of 3 Posts.....

Contents
Contents 2
About this document 3
What’s it about 3
Who should read it 3
How to provide feedback 3
About the proposed VSCCS 4
Introduction 4
New regulations 4
Regulation summary 4
Licensing certifiers 6
About VSCCS licences 6
Who can obtain a certifier’s licence 7
Maintaining a certifier’s licence 9
Proposed licensing fees schedule 10
Working as a licensed certifier 11
Defining how to work 11
Certifying vehicles 11
Surrendering a certifier’s licence 12
Ensuring compliance 13
Offence provisions 13
Auditing of certifiers 13
Legal sanctions 14
Administrative sanctions 14
Appealing decisions 15
Modified Vehicles 16
Rules affecting vehicle modifiers 16
Modified Vehicles requiring a certificate 17
Rules affecting vehicle owners 17
Transitioning from ECS to VSCCS 18
Background 18
From ECS signatory to VSCCS licensed certifier 18
Vehicle owners and old certificates 18
Next steps and timelines 20
Timelines 20
Feedback 20



About this document

What’s it about
This document provides an overview of the proposed Vehicle Safety and Compliance Certification Scheme (VSCCS), which is set to be introduced in 2011. It explains the overall framework of the scheme, as well as providing detail on how the scheme is envisaged to work.
The document should be read in conjunction with the draft legislation which is currently out for public consultation. Guidance on how to access this legislation is provided below.
Specific aspects of the scheme and how it is proposed to operate that are covered in this document include:
• how an individual can obtain a certifier’s licence;
• the requirements with which a licensed certifier must comply;
• the consequences if a licensed certifier fails to comply with the requirements;
• the proposed transitional arrangements from the Engineering Certification Scheme (ECS) to VSCCS;
• the vehicles to which the VSCCS will apply; and
• the requirements for vehicle owners and modifiers.
Who should read it
This document is relevant to any individual who:
• wants to apply for a certifier’s licence under VSCCS;
• wishes to transition from the ECS to VSCCS;
• owns a modified vehicle;
• wishes to modify a vehicle; or
• wishes to import a vehicle or individually construct a vehicle.
How to provide feedback
The RTA values all feedback from the community, and encourages written submissions on the proposed scheme and draft Regulation. Feedback on all issues is sought, but particularly on a number of issues throughout the document where the RTA has previously received a range of views from interested groups.
Persons making public submissions are invited to lodge their responses, using the templates provided, via the email address: [email protected] or by mail to Ken Cleary, Manager Regulatory Scheme Policy, Level 15 Locked bag 928 North Sydney NSW, 2059. DX 10516.





About the proposed VSCCS
This section gives you an overview of the proposed scheme.
Introduction
The Vehicle Safety and Compliance Certification Scheme (VSCCS) will license competent individuals to inspect certain vehicles and certify that those vehicles comply with the relevant vehicle safety standards.
It will replace the Engineering Certification Scheme (ECS) introduced in the 1970s. The size and scope of the ECS has significantly expanded since its inception, and the scheme itself has been overtaken by improvements in technology, and developments in regulatory policy and practice.
New regulations
The Road Transport (Vehicle Registration) Regulation 2007 will be amended to provide for the implementation of the VSCCS. This will occur through the Road Transport (Vehicle Registration) Amendment (Certification of Vehicles) Regulation 2011, which will establish the legal framework to license certifiers and enable the certification of vehicles.
The Road Transport (General) Regulation 2005 (“the General Regulation”) will also be amended to provide appeal rights for people who are unhappy with a decision made by the RTA in relation to the licensing scheme, and to provide the RTA with the ability to issue penalty infringement notices for certain offences. This will occur through the Road Transport (General) Amendment (Certification of Vehicles) Regulation 2011.
The Regulations have been designed to ensure that the requirements on vehicle owners, modifiers and certifiers are clear and able to be consistently applied. A range of supporting information will be made available when the scheme commences, so that it will be clear to the community how decisions are made under the scheme, and provide confidence that the RTA is taking an objective, consistent approach to processing licence applications and dealing with the performance of licensed certifiers.
• This icon indicates a reference to a clause of the new regulations. The actual regulations can be obtained by logging on to the RTA’s website, or calling the RTA on 1300 336 206.
Regulation summary
The Road Transport (Vehicle Registration) Amendment (Certification of Vehicles) Regulation 2011 is divided into three main parts.
Firstly, a new clause (clause 55A) is proposed that deals with the way in which vehicles should be modified, and makes clear the responsibilities of people who undertake modifications.
Secondly, a new proposed Part 5A in the regulation establishes the scheme by which the RTA can license individuals to certify whether particular vehicles meet the applicable vehicle standards. Most of the proposed obligations on certifiers are contained within this Part.
Lastly, Part 5B deals with the vehicles that need to be assessed by a licensed certifier, and contains duties for vehicle operators or owners, as well as some obligations for certifiers in relation to the steps associated with issuing a certificate. It also provides clarity about which modified vehicles will require a certificate.
Each of these parts is explained in this document, which is divided into:
• a discussion of the licensing scheme;
• a discussion of the vehicles that need to be certified and the associated duties upon registered operators; and
• the proposed transitional arrangements for existing Engineering Certification Scheme signatories and previously modified vehicles.
Licensing certifiers
This section provides information about the types of licences available and the factors that will be taken into account in determining whether or not to issue a licence.
About VSCCS licences
Under the proposed scheme, a licensed certifier will be authorised to:
• inspect and test a vehicle that is within the scope of their licence (ie for licence categories for which they are licensed);
• issue a certificate of that vehicle’s compliance with the applicable standards; and
• affix a certification plate to that vehicle.
Licences will be issued with conditions that include a code of conduct, record keeping requirements and the relevant licence categories.
The licence categories will be made up of a combination of different types of vehicles (or vehicle categories) and expertise in specific vehicle systems (or fields of competence). These are described below.
• Clause 76AM of the proposed Regulation establishes the certification process.
Vehicle categories
A certifier’s licence will specify the vehicle categories they can work within. The proposed categories are based on those specified by the Australian Design Rules (ADRs); some of the categories have been grouped together to make the scheme simpler to administer.
The proposed VSCCS vehicle categories are as follows:

Vehicle category ADR codes included in category
Motorcycles (aka L-group) LA, LB, LC, LD, LE
Passenger vehicles (including omnibuses <= 5 tonnes) MA, MB, MC, MD
Omnibuses GVM > 5 tonnes ME
Light commercial vehicles NA
Medium and heavy vehicles and trailers NB, NC, TA, TB, TC, TD


Fields of competence (vehicle systems/descriptors)
A certifier’s licence will also specify the vehicle systems that a certifier may assess (based on the fields in which they have demonstrated competence). For assessments of modified vehicles, the vehicle systems have been grouped into five specialty areas. Working with whole vehicles (for example imported vehicles or individually constructed vehicles) requires competence in all vehicle systems.
The proposed VSCCS fields of competence are as follows:

Field of competency Vehicle systems included
Modified vehicles – C1 Braking systems
Modified vehicles – C2 Driving controls or aids
Modified vehicles – C3 Seating or occupant protection
Modified vehicles – C4 Engine, fuel systems and intake/exhaust systems
Modified vehicles – C5 Body, chassis or frame, suspension, steering, transmission or driveline, wheels, tyres or axles and lighting systems
Whole vehicles (for example imported vehicles (IP) and individually constructed vehicles (IC) all vehicle systems



seeyuzz
river

[river]

Hi,

Post 2 of 3....

Licence categories
For the purposes of issuing licences, VSCCS combines the five vehicle categories and the seven fields of competence into a matrix of “licence categories”. These licence categories become the basis for licence applications and competency assessments.
The proposed licence categories are as follows:

Vehicle category Field of competency
Modified vehicles Whole vehicles (such as imported vehicles or individually constructed vehicles)
C1 C2 C3 C4 C5
Motorcycles (aka L-group)      
Passenger vehicles (including omnibuses <= 5 tonnes)      
Omnibuses GVM > 5 tonnes  n/a    
Light commercial      
Medium and heavy vehicles and trailers      

Licence Conditions and Adding Licence Categories
Licences will be issued with conditions, and the Regulation requires that licensed certifiers must comply with the conditions. These conditions will specify the categories that the certifier is licensed to conduct work on, as well as a range of other matters such as the need to comply with record keeping requirements and the relevant business rules for the scheme. The purpose of the business rules is outlined below in the section “Working as a licensed certifier”.
The Regulation provides that the RTA may add, vary or revoke conditions of licence, either as the result of a decision by the RTA, or upon application from a licensed certifier.
A licensed certifier will be able to apply for a licence condition to be added or varied in order to expand or contract the categories that they are licensed to work on. The process for assessing competency for additional categories is the same as for a new applicant.
• Clause 76AD of the draft Regulation deals with licence conditions.

Who can obtain a certifier’s licence
Licences will only be issued to individuals, rather than companies or organisations. The RTA proposes that there will be two main factors taken into account in determining whether or not to issue a licence to an applicant. That is, whether the person is a fit and proper person to hold a certifiers licence, and whether the person is competent to hold a certifier’s licence.
Each of these factors is discussed in more detail below.
Licences are proposed to be issued for a one year period, with the option of being extended for one further year. The only exception to this is the licence issued to existing Engineering Certification Scheme engineering signatories under the transitional arrangements – this is also explained in more detail further in the document.
• Clause 76AA of the proposed Regulation allows the RTA to determine the process of applying for a certifier’s licence and to charge a fee for that application.
Eligibility — fit and proper person
To be eligible to hold a certifier’s licence, an applicant must be a fit and proper person.
A Fit and Proper Policy Statement that outlines all of the matters taken into account in determining whether someone is a fit and proper person will be provided on the RTA website as part of the materials supporting the VSCCS.
Broadly, however, a determination of fit and proper will involve consideration of matters like criminal history, driving record, professional misconduct, bankruptcy and so on. It will also include consideration of whether the applicant has, to the best of their knowledge, completed their application for a licence in a truthful manner, and whether they have been previously suspended or cancelled from a similar scheme anywhere within Australia.
If an applicant is deemed not to be a fit and proper person, their application will be rejected immediately and no assessment of the competency will be made. The licence application fee will not be refunded.
• Clause 76AB of the proposed Regulation outlines the process that the RTA must follow in determining a licence application.
Competency — knowledge and experience to do the job
An applicant will have to demonstrate their competence to perform the duties of a certifier within the licence categories specified in their application.
The initial assessment of competency will be made using a points system. Points will be assigned for relevant qualifications and years of experience according to the following table:

Qualification or experience Points assigned
degree in a relevant discipline (eg automotive or mechanical engineering) OR 80
diploma in a relevant discipline (eg automotive) OR 70
relevant Certificate IV trade qualification (eg automotive, technical) 60
AND
recent and relevant experience working in the industry 5 for each year

Applicants with 100 or more points will proceed to the next stage of a more detailed assessment of their competency. The RTA has some discretion to consider an application where the relevancy of qualifications or experience is not clear.
Relevant experience doesn’t have to involve the actual certifying of modifications. For example, having experience in building or modifying vehicles would count toward competency. However, it would be important as part of the competency assessment to be able to demonstrate that you understand what is required to determine whether a vehicle complies with the applicable vehicle standards, and the tests or calculations that would be involved.
Guidelines on relevant qualifications and experience will be available on the RTA website.
The RTA will assess the competence of applicants and assess the relevance of qualifications and experience with the support of industry and academic experts where necessary. All such experts would also be bound by the VSCCS fit and proper policy, as well as a code of conduct covering topics such as the management of conflicts of interest and confidentiality.
• Clause 76AB of the proposed Regulation outlines the process that the RTA must follow in determining a licence application.
Deciding to approve a licence
The power to approve an application and issue a licence rests solely with the RTA. The RTA may choose to approve or reject a licence application.
Decisions will be made based on an objective assessment of the applicant’s suitability, as described above. The competency assessment will be conducted using a standardised assessment tool, which will be made available on the RTA’s website.
• Clause 76AB of the proposed Regulation empowers the RTA to approve or refuse an application for a licence.
Appealing decisions
An applicant can appeal a licensing decision made by the RTA. The appeal is made to the NSW Local Court and could include all or part of a decision (for example if an application for some licence categories was approved but other categories were not).
• Clause 29C of the draft General Regulation provides these appeal rights.
Insurance requirements
It is proposed that certifiers maintain $10 million public liability insurance and $1million professional indemnity insurance. Insurance must be provided by an APRA-authorised insurer.
Approved applicants will not be issued with a licence until they can provide evidence that they hold adequate insurance. Note that it is proposed that applicants need only seek insurance coverage once their application has been approved (to avoid payment of premiums without guarantee of a licence).
The Regulation also requires that licensed certifiers maintain their insurance cover for seven years after ceasing to hold a licence.
• Clause 76AH deals with the seven year period for maintaining insurance.
Induction training
To prepare for working in the VSCCS, all licensed certifiers will be required to carry out a mandatory induction course. This course will cover topics including the code of conduct, the applicable vehicle standards, documentation and record keeping requirements, and basic training in using VSCCS Online to issue certificates.
Maintaining a certifier’s licence
To continue in the scheme a licensed certifier must:
• pay the annual licence fee each year;
• keep their competency current; and
• apply to renew their licence annually. The licence renewal process will involve a consideration of the person’s ongoing fitness to hold the licence, including an annual assessment of whether they continue to be a fit and proper person.
• Clause 76AC of the draft Regulation deals with renewal of licences.

Proposed licensing fees schedule
It is proposed that the following fees be payable by the licensed certifiers:

Activity Fee
Application fee $500 (non-refundable)
Annual licence fee $500
Variation of licence condition fee (for additional competencies) $100 (non-refundable)
Certificate administration (collected via IT system at time of issue) $30 per certificate

The RTA does not propose to regulate the fees for a vehicle inspection under the VSCCS. This will be a matter for negotiation between the licensed certifier and their customer.
• Clauses 76AA, 76AD, 76AE and 76AQ of the draft Regulation allow the RTA to impose these fees.



Working as a licensed certifier
This section covers the proposed way of working as a licensed certifier.
Defining how to work
In the proposed scheme, several key documents will define how a certifier must perform their duties. These include:
 VSCCS conditions of licence,
which defines the key obligations of the certifier such as working according to a VSCCS code of conduct and the VSCCS business rules
 VSCCS code of conduct,
which covers professional and ethical standards of behaviour, conflicts of interest etc.
 VSCCS business rules,
which define how a certifier must manage the administrative aspects of certification, including the issuing of certificates and the record keeping requirements.
Certifying vehicles
As well as the inspections, assessments, analysis, testing etc, certifying a vehicle will require:
• issuing a compliance certificate using the VSCCS IT system (“VSCCS Online”) and paying the certificate fee;
• affixing a certification plate to the vehicle;
• documenting the decision to certify; and
• keeping adequate records.
Issuing certificates with VSCCS Online
All VSCCS certificates must be issued using VSCCS Online. VSCCS Online will only allow certifiers to issue certificates within the categories of their licence. It will also allow the RTA to monitor and track the certificates issued.
Each licensed certifier will be given training in using VSCCS Online as part of the induction course.
Certification plates
It is proposed that the licensed certifier will be required to affix a certification plate to the vehicle as part of the certifying process. The certification plate will need to be formatted in accordance with the requirements of the RTA, and will include the compliance certificate number so the modifications covered by the plate can be identified at a roadside inspection.
The requirement for certification plates will add time and cost to the certification process, and will potentially inconvenience customers, particularly in regional NSW. From a compliance perspective, the certification plate will not be accepted by the RTA as evidence that a compliance certificate has been obtained. This information will be obtained from VSCCS Online, and it is intended that roadside inspectors (including Police) would have electronic access to certificates.
Feedback from industry has suggested that there is strong support for the use of certification plates, and resistance to the idea of not requiring them.
• Clause 76AN of the proposed Regulation provides that if a modification is certified by a licensed certifier, they must affix a certification plate.
Record keeping and documentation
A VSCCS compliance certificate will describe the modifications made to a vehicle and will include a declaration that the modifications comply with the applicable standards. The description of the modifications will be guided by two documents that will be made available to licensed certifiers, explaining the requirements for information to be recorded on certificates for light and heavy vehicles, according to modification codes.
A compliance certificate will not specify which standards the modifications comply with, what tests were done or how the decision to certify was arrived at. Instead the certifier will have an obligation to keep this information and other supporting documentation such a test results and photographs on file. The business rules will specify the requirements for this supporting documentation.
When requested by the RTA, the certifier will need to be able to produce the documentation that substantiates their decision to certify the modifications or the vehicle.
VSCCS records must be kept for a minimum of seven years by the licensed certifier and produced to the RTA when directed.
• Clause 76AO of the draft Regulation contains the record keeping requirements for licensed certifiers.
Certifying the modification and its impact on the vehicle
The licensed certifier determines if vehicle modifications comply with the applicable vehicle standards. These standards typically cover all aspects of the vehicle and may include vehicle systems the certifier is not competent to certify.
When inspecting a modified vehicle, the certifier is not responsible for certifying the vehicle in totality: they are not required to check aspects of the vehicle that are unrelated to the modification. That said, a modification cannot be assessed in isolation. The certifier is responsible for certifying the compliance of the modification and its impact on other vehicle systems.
For example, if a vehicle’s engine size was increased then the certifier would also need to determine that the braking system was adequate to cope with the increased engine power. The assessment of these impacts must be included in the documentation held by the certifier.
Under the current draft of the Regulation, If a certifier doesn’t have the competency to assess all of the vehicle systems potentially impacted by a particular modification, then they cannot certify the modification.
• Clause 76AM of the proposed Regulation requires the licensed certifier to ensure the modification complies with the applicable vehicle standards while not affecting the compliance of other aspects of the vehicle with the applicable vehicle standards.
Surrendering a certifier’s licence
The regulation provides the licensed certifier with the opportunity to surrender their licence at any time, should they decide not to continue in that role.
• Clause 76AG of the draft Regulation gives licensed certifiers the ability to surrender their licence.

Ensuring compliance
This section covers the proposed mechanisms for ensuring licensed certifiers work within the rules of the scheme. This is critical to ensure the safety of certified vehicles on the roads of NSW, to provide the community of NSW with confidence about certified vehicles, and to ensure that the licensed certifiers themselves are all operating on a level playing field.
Offence provisions
As indicated above, the Regulation provides the framework within which licensed certifiers will work. There are a number of offence provisions included within this framework to ensure that the RTA is able to ensure that the requirements of the scheme are met. These provisions include offences for:
• breaching a condition of the licence (which would include failing to comply with the business rules for the scheme) (cl.76AI(1));
• failing to provide a copy of the compliance certificate to the vehicle operator and failing to affix a certification plate or failing to ensure that the plate is in the proper format and location (cl.76AN(1) and (2));
• issuing a compliance certificate or affixing a plate that is known to be false or misleading (cl.76AN(3));
• failing to keep the required records for the required time, or failing to produce them to the RTA when required (cl.76AO); and
• failing to pay the fee for issuing a compliance certificate (cl.76AQ);
Additional offences are also included for persons who hold themselves out to be licensed certifiers when they are not in fact licensed (cl.76AI(2)), and for former licensed certifiers failing to maintain their insurance cover for seven years after they ceased to hold a licence (cl.76AH).
Auditing of certifiers
From time to time, the RTA will audit each licensed certifier to ensure their ongoing compliance with the Regulation, licence conditions and VSCCS business rules.
An audit will check that the required documentation is contained on file. A proportion of audits will also look at the merit of the decision. That is, whether the licensed certifier interpreted the results of the vehicle inspection and assessment correctly. A proportion will also look at the actual vehicles, to compare against the details contained on the certificate.
As part of the audit activity, the RTA has the power under the Regulation to require the licensed certifier to provide copies of records held about certificates issue for vehicles.
If areas of non-compliance are found, then there are a number of actions that the RTA can take in response, which will depend upon a range of factors including (but not limited to) the type of non-compliance, the significance of the breach, the compliance history of the certifier, and the potential impact on road safety. These actions include:
• educating or providing advice to the licensed certifier;
• issuing a penalty infringement notice;
• applying additional conditions to the certifier’s licence;
• suspending, cancelling or refusing to renew the certifier’s licence; or
• court action (prosecution).

seeyuzz
river

[river]

Hi,

Post 3 of 3...

Legal sanctions
The RTA may choose to apply two types of legal sanctions.
Firstly, penalty infringement notices are fines that can be issued to licensed certifiers. They apply to the offences listed above, except for the offence of failing to maintain the required insurance. The amendments made to the General Regulation provide the mechanism by which the RTA can issue penalty infringement notices.
The other type of legal sanction is prosecution. There is one offence provision within the Regulation for which prosecution is the only legal sanction allowable. This is the offence of a former licensed certifier failing to continue to hold insurance for the required seven years. For all other offence provisions the RTA may choose whether to issue a penalty infringement notice or take a prosecution.
• The draft amendments to Schedule 3 of the General Regulation specify those offences for which penalty infringement notices may be issued.
Administrative sanctions
Although the regulations provide for legal sanctions, the RTA may also choose to deal with matters of non-compliance administratively instead. This would be primarily through amending the licence conditions, or suspending, cancelling or refusing to renew a licence.
Licence conditions
The regulation also provides an opportunity for the RTA to add or vary the conditions of licences. Such variation may be done for a range of reasons, including managing poor performance or non-compliance. Conditions may be added to restrict or otherwise control the way in which a licensed certifier is required to operate, or conditions may be revoked (for example in revoking a condition applying to a particular licence category).
• Clause 76AD of the draft Regulation allows the RTA to impose, vary or revoke licence conditions.
Suspending, cancelling or refusing to renew a licence
The RTA may suspend, cancel or refuse to renew a licensed certifier’s licence if:
• the certifier has failed to comply with the Regulation or a condition of licence; or
• the RTA is of the opinion that the certifier is no longer competent or no longer a fit and proper person to hold a certifier’s licence
Where the RTA wishes to suspend, cancel or refuse to renew a certifier’s licence, the RTA is required to notify the certifier of the grounds for the action, and provide the person with 21 days within which to respond in writing to the RTA about why their licence should not be suspended, cancelled or not renewed. The RTA is then required to take that response into account in making its final decision.
Where a licensed certifier has wilfully failed to comply with the Regulation or a condition of the licence, and the RTA is of the opinion that continued holding of the licence would pose a risk to road safety, then the RTA can temporarily suspend the certifier’s licence while going through the process of providing the certifier with the opportunity to show cause why the action should not be finally taken.
• Clause 76AF of the proposed Regulation allows the RTA to suspend or cancel a certifier’s licence.
Appealing decisions
The amendments to the General Regulation provide licensed certifiers with the right to appeal against decisions of the RTA to suspend or cancel their licence. Such appeals would be heard by the Local Court, and must be lodged no later than 21 days after being notified of the RTA’s decision. The decision of the Local Court binds both the appellant and the RTA.
• Clause 29C of the draft General Regulation provides this appeal right.

Modified Vehicles
This section outlines the requirements included in the Regulation for the modification of vehicles.
The Regulation distinguishes between registered operators of vehicles (effectively vehicle owners), and vehicle modifiers (ie the persons actually undertaking the work).
In some cases, the operator, modifier and certifier may be the same person, but there are separate and distinct requirements on each in relation to modified vehicles.
Rules affecting vehicle modifiers
Under the proposed Regulation, vehicle modifiers are required to ensure that the vehicle continues to comply with the applicable vehicle standards (which are defined already within the Regulation), and ensure that the modification complies with any specifications published by the RTA. The relevant standards and codes of practice are discussed in greater detail below. However, it is important to note that these requirements are not new and have existed in the Regulation since at least 2007.
New elements that have been introduced through this Regulation are that the modifier must keep records of the work undertaken for three years afterwards, and must produce these records when required to do so by the RTA.
• Clause 55A of the draft Regulation outlines the requirements relating to the modification of vehicles.
Applicable vehicle standards and codes of practice
The introduction of the VSCCS will not alter the applicable vehicle standards or codes of practice relevant to vehicle modifications. These standards and codes of practice are already in place and required by law. They will continue to be updated over time as part of their continuous improvement.
Currently, the applicable standards and codes of practice include:
• the requirements specified in Schedule 2 of the Road Transport (Vehicle Registration) Regulation 2007 (and which include the relevant Australian Design Rules)
• the National Code of Practice for the Modification of Heavy Vehicles (published as Vehicle Standards Bulletin Number 6)
• other existing NSW codes of practice that guide the construction or modification of specialty vehicles (such as the Registration Requirements and Construction Guidelines for Street Rods in NSW)
• technical specifications for specific modifications or vehicle components (such as the installation of taxi screens, or the addition of wig wag lights).
By the time the VSCCS commences, it is expected that the RTA will have also adopted the National Code of Practice for the Construction and Modification of Light Vehicles (published as Vehicle Standards Bulletin Number 14).
There are a small number of aspects of the two national modification codes (VSB 6 and VSB 14) that NSW does not accept, and these will be clearly identified. NSW also has a number of additional requirements in relation to the modification of these types of vehicles, that will also be clearly identified.
In order to support the introduction of the VSCCS, and to generally improve community understanding of vehicle standards, the RTA will create a clear statement on its website of the documents that are called up under the Regulation.
• Clause 55A of the draft Regulation contains the requirement for modified vehicles to comply with the relevant standards.
Modified Vehicles requiring a certificate
Modified vehicles will require a compliance certificate if they have been “significantly modified”. The draft Regulation defines a significant modification as one where the vehicle has been modified, or components have been added to or removed from the vehicle, in a manner that:
(a) alters the performance characteristics of the vehicle in a manner not intended by the vehicle’s manufacturer, or
(b) affects the vehicle’s occupant safety systems, or
(c) affects the safe handling of the vehicle, or
(d) is specified by the RTA on a list published in the Government Gazette.
Significant modifications do not include modifications that involve:
(a) the replacement of components with identical or equivalent components for the purposes of maintenance or repair, or
(b) the fitting of optional parts or components by the vehicle’s manufacturer or the manufacturer’s agent, or
(c) modifications specified by the RTA on a list published in the Government Gazette.
• Clauses 76AL: and 76AS define significantly modified vehicles and require that they be certified.
Rules affecting vehicle owners
Under the proposed Regulation, vehicle owners are required to obtain a compliance certificate for a significantly modified, individually constructed or personally imported vehicle before allowing it to be driven on a road or road-related area.
This rule is to ensure that these vehicles are assessed and certified to manage the potential safety risks to occupants of the vehicle and other road users.
The RTA recognises that a vehicle owner of an unregistered vehicle needs some way of getting the vehicle to the licensed certifier’s premises. The draft Regulation contains a provision that allows the vehicle to be driven for the purposes of obtaining certification. If the vehicle does not pass then it must be towed or floated back.
Vehicle owners are also required to submit a copy of their compliance certificate to the RTA within 28 days of obtaining it. Again, this only applies to registered vehicles. Certificates for unregistered vehicles would be provided to the RTA as a matter of course during the process of establishing registration.
• Clauses 76AR, 76AS, and 76AT outline the requirements for owners of significantly modified vehicles.
Transitioning from ECS to VSCCS
This section explains how:
• existing ECS signatories will transition to become a VSCCS licensed certifier;
• certificates issued under the ECS will be dealt with; and
• vehicles previously certified under the ECS will be affected.
Background
On the date the regulatory amendments commence (which is yet to be determined, but anticipated to be 28 February 2011), the proposed VSCCS will replace the ECS. From that time on, the ECS will cease to exist and old ECS signatories will no longer be authorised to issue ECS certificates.
The regulatory amendments will assist engineering signatories in transitioning to become VSCCS licensed certifiers, and also provide a transition period in which previously issued certificates may be presented to the RTA.
From ECS signatory to VSCCS licensed certifier
The proposed process for moving engineering signatories across to become licensed certifiers is as follows:
• once the VSCCS commences, all engineering signatories who were authorised at the date of the commencement will be taken to hold a VSCCS licence
• these people will then have eight weeks in which to submit an application to renew their licence
• if application is not received by the RTA by the required date, then the licence will automatically expire. After that time, a person wishing to be issued with a certifier’s licence would need to apply as if they were a new applicant.
• if an application is received by the RTA, then the licence will remain in force until the RTA decides whether to issue a further licence to the person. Where a further licence is issued then it will replace the deemed licence. Where the licence is not renewed, then the licence will expire 14 days after the RTA gives the person notice in writing of its decision.
• in determining whether or not to renew a former engineering signatory’s licence for the first time, the RTA will assess the signatory as if they were a new applicant. That is, they will need to demonstrate that they are a fit and proper person to hold a licence, as well as being competent.
• Clause 76AJ of the draft Regulation outlines the transitional arrangements for current engineering signatories.

Vehicle owners and old certificates
With the commencement of the VSCCS, it is intended that the only compliance certificates that will be accepted by the RTA in future are those issued from VSCCS Online. However, the RTA does not wish to disadvantage persons who may have obtained a certificate under the ECS in the past but forgotten to present it to the RTA and change their vehicle records.
The Regulation therefore provides such people with six months following its commencement in which to provide a copy of the certificate to the RTA. The way that this is done is by the registered operator of the vehicle obtaining a “Change of Vehicle Details” form and a blue slip from an Authorised Unregistered Vehicle Inspection Station, and presenting both documents, along with the compliance certificate, to the RTA at a Motor Registry.
From six months after the commencement of the Regulation, old ECS certificates will no longer be accepted by the RTA and vehicle owners will need to obtain a new compliance certificate under the VSCCS.
• Clause 76AU of the draft Regulation provides the transitional arrangements for certificates previously issued under the ECS.

Next steps and timelines
Timelines

Consultation on the draft regulations will occur until Friday 27th January 2011.

The RTA will consider all public submissions and amend the regulations as appropriate. Once this has occurred the regulations will be finalised and the VSCCS commenced.

It is intended to commence the VSCCS on 28 February 2011.

Feedback

The RTA values community feedback and encourages written submissions on the proposed regulatory framework and the draft regulations.

It is the RTA’s intention to create a strong and clear regulatory scheme that ensures the safety of certified vehicles in NSW, provides a level playing field for all licensed certifiers, and is practicable to implement. Your input to this framework is important to ensure that these goals are achieved.

Feedback on all issues is sought, but particularly on the boxed questions throughout the document.

Written submissions can be provided to the RTA by e-mail at [email protected].

seeyuzz
river

[TheStitt]

when is this all coming in and how long do I have to get my car re-engineered.

[oldcorollas]

River,
i'll rephrase my earlier post

ALL vehicles on the road MUST comply with ALL their designed ADR's at all times.
you cannot modify a vehicle to not comply with ADR's and have it certified.

this has ALWAYS been the case.

ADR's are for original manufacturing, but MUST continue to be complied with for the life of the car.

if you modify brakes on a car that has a certain ADR for brakes (ADR31?) then the modified car MUST still comply with that ADR. this has always been the case


regarding becoming a signatory, when I talked to the RTA about it (at the office near central, when i bought the COPLVM many years ago) they said there were no pre-requisites or specific requiremnts, and it was based on your "experience". you put together an application, send it to a guy called "Con" and then he decided if you had enough experience to be a signatory.
I was told that was the complete process, and there was no ay to challenge it if he decided no.

now there appears to be more process, in terms of being able to have the decision reviewed, btu the actual selction criteria appear to have not changed.

these are just amendments...

the main issue re signatories, os now the signatory, the workshop doing the mods, AND the owner, all share responsibility for the car complying with ADR's (first and foremost), and with modification guidelines (which are just that, guidelines, and can be successfully gone outside of with technical justification).
the stick is that now each party can be fined for not doign the right thing, whereas bfore there was nto really any stick, so owners and workshops were happy to do dodgy things, as logn as they could find a dodgy engineer...

now, it is not just the engineers rep on the line, it is also their mony, the workshops money, and the owners money..



stitty, if you have shown your certificate to the RTA, you don't need to do anything.
if you have not shown the RTA your certificate, you have 6 months from the time the new ones come in, to present it to the RTA and get on the system
from rivs last post

Vehicle owners and old certificates
With the commencement of the VSCCS, it is intended that the only compliance certificates that will be accepted by the RTA in future are those issued from VSCCS Online. However, the RTA does not wish to disadvantage persons who may have obtained a certificate under the ECS in the past but forgotten to present it to the RTA and change their vehicle records.
The Regulation therefore provides such people with six months following its commencement in which to provide a copy of the certificate to the RTA. The way that this is done is by the registered operator of the vehicle obtaining a “Change of Vehicle Details” form and a blue slip from an Authorised Unregistered Vehicle Inspection Station, and presenting both documents, along with the compliance certificate, to the RTA at a Motor Registry.
From six months after the commencement of the Regulation, old ECS certificates will no longer be accepted by the RTA and vehicle owners will need to obtain a new compliance certificate under the VSCCS.

[oldcorollas]

if you need a new cert, or to "adjust" an old cert, the time to do it would be soon.. unless your engineer (within 6 months of new scheme starting will backdate the cert to before the new cert system date

[river]

Hi,

Agreed. The current proposal is more about the rules for licensers, and there are no rule changes to the ADRs, and yes your vehicle has to comply with the applicable ADRs - both then and now, like it always had to.

I guess that with the new proposal there is a fear that people actually have to be accountable for what they approve, and this seems to be causing some concern. I like accountability and have no issues with it being enforced. I guess this is why the hoo-haa that if there is accountability then the full ADR tests will be applied to any mods to cover their arses.

seeyuzz
river

[oldcorollas]

for newer cars, which always had to met ADR's.. now changes might actually have to be proven that they DO comply with ADR's...

hardly anyone likes accountability.....

everyone thinks they can do it right enough that they should not have to prove that it is ok.. unlike xx backyard mob.. their backyard mob did it right
having to actually prove it can only be a good thing for safety. a little annoying if you were one of the very few people that always did everything by the book, but there are not many that do go to that extent.

luckily, many older cars have buggerall ADR's to comply to, although there is now mention in the 2nd ed NCOP of pre-AR cars complying with 2nd ed ADR's for certain things (but not so different to curent NSW requirements anyway.. ie basic emissions, collapsible steerign column etc)

the problem has been that in the past, lack of enforcement led to people doign whatever they wanted, with little regard for the rules... ie, totally taking advantage of the trust placed in them to do the "right thing"
now that the rules may be enforced more harshly, those same people will still say FY to the system and do whatever they want, but will be penalised if caught
(and really, that goes for many things in Aus now, and the resulting nanny state... trust people to do the right thing? can't happen here, everyone will exploit it to the point of making it pointless to have a rule in the first place)


whatever the system becomes, it is still way way better than japan since australia allows mods and even /gasp engine swaps!

[foamy]

How do they plan on enforcing punishments on Engineers? Said car is signed off but doesn't comply, how are they going to prove further mods were not completed after the engineer inspected it???

[oldcorollas]

easy, the owner will be find $2000.

if you are an owner, you'd either wanna be damn sure the engineer certified it properly in the first place... or be willing to bet $2000 that you won't caught if you do further mods outside your mod-plate.... (same goes for pink-slips.. car was "roadworthy" when it left the inspector but you are only betting the cost of a defect notice that you will get caught)

if the further mods were done by a workshop, then they will be punished.

with the increase in vehicle checks by both police and RTA inspectors for modded vehicles... it seems much more likely these days that you will get checked at some time.

edit1: how will enginer prove it was compliant at the tiem the mod-plate was approved? by their photos, their documentation, the testing results etc... if inspector sees that car is now different, but was compliant at time of plating.. it is the owners responsibility, and so it shoudl be

edit2: the system for those that give no fark for the rules, or mod outside their cert have not changed.. except now the RTA will REMOVE mod plates and certificates, if car is found to be in violation, and will fine the owner for the priveledge in reality, that will probably very rarely happen....