New Arrangements on Importing Trailers
De-rating of Aggregate Trailer Mass
Plating of non-standard vehicles
As you may be aware, Vehicle Standards Bulletin (VSB) 1 "Building Small Trailers" permits manufacturers and importers of small trailers to self certify compliance of light trailers against the applicable Australian Design Rules (ADRs), and in so doing to by-pass the certification requirements applicable to other categories of new vehicle under the Motor Vehicle Standards Act 1989 (the Act). In permitting this, manufacturers and importers of small trailers are obliged to have systems and procedures in place to ensure that every vehicle to which they fit a trailer plate complies with the requirements set out in VSB1. It is an offence under section 14 of the Act to supply a vehicle to the market which is non-standard.
This offence carries a maximum penalty $13,200 for individuals and $132,000 for corporations for each offence.
It has come to my attention that some importers of trailers are de-rating the Aggregate Trailer Mass (ATM) from that specified by the original manufacturer. The ATM is defined in the Australian Design Rules as:
The total mass of the laden trailer when carrying the maximum load recommended by the 'Manufacturer'. This will include any mass imposed onto the drawing vehicle when the 'Combination Vehicle' is resting on a horizontal supporting plane.
For the purpose of the ADRs, the Manufacturer of the trailer is considered to be the person taking responsibility for the compliance of the vehicle when supplied to the market. However, the specification of ATM is intended to be based on the design of the trailer and should take into consideration information used to design and build the trailer. Things that should be taken into account when setting an ATM are the capacity of the suspension, the design strength of the trailer drawbar and coupling and the capacity of the trailer brakes. The result of this is that generally, only the original manufacturer is in a position to specify the ATM and any variation from the OE specification will be considered carefully.
In all cases the ATM must be greater than the "Tare Mass" of the trailer and generally there should be reasonable capacity between the Tare Mass and the ATM to allow the trailer to carry the goods expected to be carried in normal service.
The de-rating of ATM to avoid certification requirements is not permitted. The de-rating of ATM has some serious consequences which trailer importers may not be aware of. The main impact is that users of these trailers are likely to load the trailers above the ATM. While the trailer is likely to be able to survive such use, the towing vehicle being used may not be specified to tow a trailer of that mass. This means that the combination may not have adequate braking, the steering and dynamics of the combination may be compromised and the driver may not be adequately licensed.
Applicants wishing to import light trailers will be asked to provide specifications from the original manufacturer. Importers will be asked to provide a technical justification where there is a difference between the ATM in the application to import and that listed in the original manufacturers' specification.
Where the trailer has an ATM above 4.5 tonnes, the importer must apply to import a test and evaluation vehicle. The application to import must include the details of the design and production facilities used to build the trailer and those facilities must be registered in the Road Vehicle Certification System. The importer must be able to demonstrate that they are connected with the production and design facilities and must be able to give VSS inspectors access to them to conduct conformity of production audits. Before an identification plate approval is issued the applicant must have provided details of the systems used by the design and production facilities to ensure that each vehicle fitted with an Identification Plate is built to the same specification as that covered by the approval.
It is the responsibility of the person supplying each vehicle to the market to ensure that each trailer complies with the appropriate ADR requirements based on the trailer's ATM and individual specifications. Where a trailer does not comply with the requirements either set out in VSB 1 or in the applicable ADRs, a trailer plate must not be fitted. This includes, among other things, where vehicle lights have not been tested to the ADRs, where the entry door on a caravan is on the right hand side of the vehicle, where the maximum width of the vehicle is greater than 2.5 m or where the maximum overhang is greater than that allowed for in either VSB 1 or ADR 43/...
I appreciate that this may have implications for some models of trailer, particularly large caravans; I trust that you will understand that these requirements have always existed and that I am simply enforcing them to ensure that the intent of the light trailer arrangements is maintained.
Yours sincerely
Peter Robertson
Administrator of Vehicle Standards
September 2007