Legislations scheduled that may affect importation

[funkymonkey]

I keep a close eye on most of the legislations that are proposed to see if there's anything that may affect importation of cars, and also ADR's and transport laws in VIC.

Anyways, this came up in the National list of proposals..

Schedule 1—Amendment of the Motor Vehicle Standards Act 1989

1  After section 7A

Insert

“7B Spare wheels and tyres

 Unless the Minister by order determines otherwise, a passenger motor vehicle that is not fitted with a spare wheel and tyre of similar design specifications to wheels and tyres fitted to the vehicle does not comply with national standards.”.

2  After section 7A

Insert

“7C ADR not valid if inconsistent  

 Any Australian Design Rule that is inconsistent with the requirement of section 7B is, to the extent of the inconsistency, invalid.”.

Ideas? no more cars with space savers?

[funkymonkey]

this was a funny one that came up in the speech scripts of VIC parliament...

I raise a matter for the attention of the Minister for Consumer Affairs in another place on behalf of my constituent Nevenka Zovin. In 2003 she purchased a Peugeot car from John Blair Motor Sales Pty Ltd. That is when the contract was written, and quite a large sum was paid for the vehicle, some $36 000.  

However, her enjoyment in having a good, compact, imported car has turned into a story of misery and sadness for her, because the vehicle has had numerous faults - so many in fact that it seems to have been in for repairs for more time than she has had the pleasure and joy of driving it. When she came to see me in my office it was clear to me that she was totally stressed and at her wits' end. She is greatly concerned that her warranty has nearly run out yet the vehicle is still having continuous problems.  

In a letter to the managing director of John Blair Motor Sales of 67 Commercial Road, South Yarra, she said.  

I am writing to you in regards to my recent purchase of the Peugeot 307 XSE. As much as I would like to be writing this letter to commend Peugeot on its service and product quality, it's unfortunate that on the contrary I'm reporting the numerous issues I've encountered since my ownership of the vehicle began.  

To begin with, the vehicle was in my opinion of an unpresentable quality at pick-up.  

The vehicle had faults with its blinkers, doors and catches. When its gearstick was put in reverse the car still remained in drive. Parts have been changed, and the vehicle has been back for repairs continuously.  

As I said, the woman is so stressed. I believe this company, or the franchisee here in Melbourne, has gone out of business. She is going to Bayford to have the repairs carried out. She is not complaining about the people who have been carrying out the repairs. It is really that the importing company in Sydney which is bringing the Peugeots in has not taken responsibility and had a proper recall of the vehicles to check why all these faults have occurred. That company is Sime Darby Automobiles of 1 Hill Road, Homebush Bay. That company is importing vehicles and has dealerships here. If vehicles are imported to this country, I would ask the minister to ensure that they are roadworthy and safe for people to drive.

[funkymonkey]

Here's a good one for Blue neon users...

I rise to ask the Minister for Transport to investigate recent trends in vehicle lighting, specifically the use of blue lights on non-emergency vehicles. Many people are under the impression that only emergency vehicles are permitted to be fitted with blue lights, yet many non-emergency vehicles now display bright blue lights while driving. They can be numberplate lights, bud lights, bonnet lights, floodlights which light up the road under the sides and front of the car or they can be blue-tinted driving lights.  

I have had numerous complaints from constituents who find these blue lights very confusing. When they see blue lights in their driving mirrors they assume that an emergency vehicle is coming through and either worry that they are being asked to stop by a police officer or think that they ought to move aside to let an ambulance or fire truck get by.  

Displaying blue lights is not illegal, as I understand it, provided they are not flashing - flashing blue lights are reserved for emergency vehicles. However, the motion of the vehicles these blue lights are fitted to often gives the impression that these fashion-statement lamps are flashing.  

Drivers have enough distractions already without adding to the confusion by having to carefully scrutinise every vehicle with blue lights to decide whether or not it is an emergency vehicle. This is a disturbing trend, and I ask the minister to investigate this issue with his department with a view to reviewing the law in relation to coloured lights on motor vehicles.

[funkymonkey]

http://parlinfoweb.aph.gov.au/piweb/Reposi...nked/3554-1.PDF

VERY important doc you guys should read in relation to 15 yr old imports etc.

[someonestolecc]

“7B Spare wheels and tyres

Unless the Minister by order determines otherwise, a passenger motor vehicle that is not fitted with a spare wheel and tyre of similar design specifications to wheels and tyres fitted to the vehicle does not comply with national standards.”.

Does that mean if I have aftermarket rims my spare has to be similar spec to the fitted rims?

It doesn't seem to specify that they should be similar spec to the factory designed spec.

Also - it's funny how one person gets a bum deal (which correctly, they should be protected) however automatically an import issue.

Why isn't it a dodgey business issue? Why isn't it a dodgey car issue?

As for blue lights ... I agree - I agree that most people are stupid and it takes them a full second to see the different between a honda civic with a couple of blue leds and a police car with actual sirens and lights... therefor we shouldn't have blue lights on cars!

Informative post.. I like to read it but pity we can't do anything about it..

[funkymonkey]

but wait there's more... I'll post up the rest of the stuff when I get time to copy n paste

[Beer Baron]

I understand that this new law will only prevent new cars being sold with a space saver spare. Otherwise every car in the country would have to bin their space saver and fit a full size (which in many cases simply won't fit in the space).

Richard

[Duncan]

I dun geddit? Some cars don't even come with a spare tyre at all these days, just a can of goop to spray in when you get a flat....

[raz0r$harP.UK]

Shan where did you get these from? very interesting read..

[funkymonkey]

razor... the national public library lol all laws, bills and legislations and all their amendments have to be documented. Makes for some good reading when the tabloids run out of oomph.

I'll post more stuff related to 15 yr old imports shortly.

[funkymonkey]

MOTOR VEHICLE STANDARDS REGULATIONS 1989 NO. 202

MOTOR VEHICLE STANDARDS REGULATIONS (AMENDMENT) 1992 NO. 222

A couple of cases of interest

Lai vs DOTARS

Anthony vs DOTARS. Good read for those wanting to do a personal import after having lived in japan for a lil while.

[funkymonkey]

Poor guy who came from Hong Kong to Australia a month too soon and couldn't bring his 300SL with him

Ozone protection rule amendment that meant that Air Con systems had to be removed/drained prior to export of cars

[predator]

all i can say is old people are stupid..this is probably all our politicians hear these days. The concept of "democracy" is lost to most younger people I reckon these days.

anyhow.. I'm not sure about the space saver thingo to be honest. I've read a bit about it in the media actually, and the thing is a LOT of the major manufacturers are including them in their vechicles sold "new" today. So to be honest I think while some people are bothered by it, the influence of the major manufacturers and the practicality will mean that space savers will stay.

I mean pretty much most countries in the world allow them - we'd be pretty much be a sore thumb if we outlawed them. In many new cars, the actual design would not even allow the addition of a full sized spare. So they'd have to prevent a few vehicles even being in the country or some cobbled up "full size spare taking up whole boot" which could be construed as more dangerous in some situations due to crash protection.

[funkymonkey]

By far the best "debate" that was held recently in parliament was by Senator Cherry and Senator Ian Campbell

The first numbered line is a question by Sen Cherry and the second numbered line is the response bu Sen Campbell

(1)Given that the opening paragraph of the Australian Customs Service Anti-dumping Booklet defines dumping as `when an exporter sells a product to Australia at a lower price than the price charged in its home market', does the department regard the purchase of Japanese used imported vehicles at public auction and/or from legitimate car dealers in competition with the Japanese public as falling within the definition of dumping.

(1)This matter is for another portfolio.

(2)Does the department have any evidence that vehicles purchased by these means are sold to Australian importers at prices below those in the Japanese market.

(2)No.  

(3)With reference to a speech by Senator Boswell in the Senate on 20 August 2002 in which he stated that used imported vehicles from Japan are dumped on the Australian market: does the department have any evidence to support the dumping allegation.

(3)The question takes Senator Boswell's comments out of context. The Department has no comment.

(4)Is there any evidence of successful complaints against and/or prosecutions of Australian importers or their Japanese suppliers in relation to dumping of used imported vehicles.

(4)This matter is for another portfolio.

(5)With reference to Senator Boswell's speech in which he also said that a motor vehicle in Japan is at the end of its life after 4 years: does the department have any evidence to support this claim.

(5)The Japanese government has a vehicle inspection regime to ensure vehicles are safe to use on Japanese roads.  

(6)How many vehicles older than 4 years are registered for road use in Japan.

(6)This information is not compiled within the Transport and Regional Services Portfolio.  

(7)What, if any, are the incentives for Japanese motorists to upgrade or update their cars after 3 years.

(7)As vehicles become older in Japan they become more costly to register.  

(8)Are there any substantial differences in safety standards between Australia and Japan; if so, what are they.

(8)Yes. There are differences in area including lighting, occupant protection and child restraint requirements.  

(9)Is it correct that the numbers of low volume used imported vehicles have plateaued and that the trend is for only a gradual increase at the market rate over time; if not, what evidence is there for an alternative view.

(9)The trend reached a plateau during 2000, when access to the former low volume scheme was restricted. It is too early to determine a trend for imported used vehicles under the Registered Automotive Workshop Scheme (RAWS) now in place.

(10)With reference to the projections of the Federated Chamber of Automotive Industries, from as early as 1996, indicating that 52 000 or more used imported vehicles would enter the country in 2001, which have never eventuated: did the department rely on this data to justify recent changes to the Low Volume Scheme; if not, what data supported the view that imports would significantly increase and threaten local original equipment manufacturers.

(10)No.  

(11)What is the average age of used imported vehicles and what evidence is used to obtain this age.

(11)The average age of vehicles plated in the calendar year 2003 was 9 years. This information is contained in records held by the Department.

(12)How does this average age affect or threaten sales of new vehicles.

(12)The Department does not have access to information to answer the question.  

(13)For each of the years 1999 to 2003, broken down as original manufactured, assembled or fully imported, how many new cars were sold in Australia.

(13)The Department does not compile such information.

(14)How many jobs have been lost in the Australian automotive manufacturing industry since 1994 as a direct result of the importation and sale of used imported vehicles.

(14)The Department does not compile such information.

(15)With reference to Senator Boswell's speech, in which he further stated that small franchisees had been affected or would be affected by the importation of used motor vehicles: have any franchises closed down as a direct result of the sale of used imported motor vehicles.

(15)The Department does not compile such information.  

(16)How many automotive franchises had compliance for low volume vehicles and were selling low volume imported Japanese or American vehicles.

(16)The Department does not have access to information to answer the question.  

(17)For each of the years: 1999 to 2003, what proportion of sales of used vehicles are made up by low volume imports.

(17)The Department does not have access to information to answer the question.  

(18)How does the Specialist and Enthusiast Vehicle Scheme (SEVS) regime operate in relation to the national competition policy.

(18)The SEVS is a concessional arrangement allowing entry to the Australian market of non-standard vehicles which would otherwise be restricted. It therefore does not conflict with national competition policy.  

(19)(a) What hardships do these new regulations cause for legitimate small businesses which have large mortgages and cannot continue under the new regime; and (B) is there any assistance for those affected; if so, what; if not, why not.

(19)(a)The Minister is unable to comment on the circumstances of individual businesses. (b )No. A three-year transition period was provided before the new arrangements became mandatory

(20)(a) How many small businesses are affected; and (B) how many business closures: (i) are expected, or (ii) have already occurred.

(20)(a) and (B) The Department does not have access to information to answer the question.  

(21)How many vehicles are manufactured in Australia annually.

(21)Approximately 360,000.

[funkymonkey]

(22)Is there any information concerning the number of jobs that will be affected by the changes to the used low volume vehicle import regulations; if so, can this information be provided for each state.

(22)No.  

(23)Was it intended that the Registered Automotive Workshop Scheme (RAWS) would apply only to used Japanese vehicles and that American and European vehicles would not be affected.

(23)No.  

(24)Has the department conducted any research on the impact of changes relating to the importation of second-hand motor vehicles into New Zealand; if so, what were the findings and are these findings relevant to Australia.

(24)No.

(25)(a) What is the current average age of the New Zealand vehicle fleet; and (B) what is the current average age of the Australian fleet.  

(25)(a) 11.7 years. (B) 10.1 years.

(26)With reference to Senator Boswell's speech, in which he stated that there was a choice in legislation between the franchisee and the used car importer, and between 48 000 jobs and 6 000: what evidence does the department have in relation to this claim that there were or would be job losses; if so, what is this evidence; if not, where did these figures come from.

(26)The Department is unable to comment on what Senator Boswell may have meant in his speech.

(27)What effect did the introduction of the goods and services tax have on the sale of new cars.

(27)The Department does not collect such information.  

(28)Under the present Low Volume Scheme (post 8 May 2002), can mainstream car importers now participate, increasing the range of vehicles available to the new vehicle buyer.

(28)Yes.  

(29)What are the projections for the next 5 years, in percentage terms and raw numbers, for the importation of new vehicles under the Low Volume Scheme.

(29)There are no projections.

(30)(a) Is it correct that under the former scheme there were fewer than 200 3-year old, or younger, vehicles per year imported under the Low Volume Scheme; (B) how many vehicles under the new SEVS: (i) are expected to be imported that are 3 years old, or younger, per year, and (ii) have been imported since 8 May 2002; and © what are the projections for the next 5 years.

(30)(a) No. (B) (i) See answer to question (29). (ii) Based on the build date, 64 (includes 4 motorcycles). © See answer to question (29).

(31)What evidence is there to support the government's position that the importation of low volume used vehicles would significantly affect original vehicle manufacturers.

(31)This was the claim of the vehicle manufacturing industry. The industry presented its evidence during the consideration of the Motor Vehicle Standards Amendment Bill 2001 by the Senate Rural and Regional Affairs and Transport Legislation Committee.  

(32)(a) What percentages of original manufactured vehicles in Australia were exported in 2002; and (B) what are the projections for the next 5 years, in percentage terms and raw numbers.

(32)The Department does not collect such information.  

(33)With reference to Senator Boswell's speech, in which he stated that `Then they registered mum and the kids and had multiple companies, and the cars just flooded in. They went around the system': does the department have any evidence to support the statement that business owners are using their families to get around the system, or that cars are just `flooding in'.

(33)Yes.

(34)How many low volume import businesses are family owned and run.

(34)The Department does not collect such information.  

(35)Has the department conducted any research on how many vehicles need to be sold to make the importation of these vehicles viable and for legitimate businesses to operate; if so, what were the conclusions of this research.

(35)No.

(36)Why has the quota of 25 vehicles per category been raised to 100 vehicles per category, allowing 4 times as many vehicles to be imported under the new regulations.

(36)The increase was to benefit smaller businesses and to help improve the viability of firms previously constrained by the 25 car limit.

(37)Why was family association a criteria in RAWS approval when it is discriminatory and when it is clear the criteria should be based on ability, skill and or qualifications.

(37)This is not a criterion.

(38)What actions were taken by the Federal Office of Road Safety/Vehicle Safety Standards (VSS) to tighten the system in order to prevent or curtail some companies circumventing the rules.

(38)The system has been tightened through the introduction of RAWS.

(39)(a) What representations were made to the Parliamentary Secretary to the Minister for Transport and Regional Services or the department by the used import industry prior to the new regulation regarding practices within the industry that needed attention; (B) were any suggested methods of addressing these actions brought to the Parliamentary Secretary's or the department's attention during any of these representations; and © what actions, if any, were taken in regard to any representations or suggestions made?

(39)The Department does not have records of all the representations that may have been made to it or to Ministers over the life of the former scheme.  

(40)(a) Have there been any complaints concerning the handling of import approvals; and (B) have there been any instances where there were discrepancies between the requested import approval and the issued approval; if so, how many and for what reason.

(40)(a) Yes. (B) Yes. It would not be possible to extract the requested information without examining each individual import application.  

(41)Are importers required to pay a further $50 for an Import Approval which is incorrect.

(41)No.

(42)(a) What quality assurance mechanisms are in place to ensure that import applications are dealt with in a timely and accurate manner; (B) is there an expected time frame for approvals of such applications; and © is there a complaints mechanism in place if approvals are not provided in a timely or accurate manner.

(42)(a) There are processes in place to manage the querying and answering of applications. There is also a review mechanism in cases where applicants are dissatisfied with decisions. (B) Yes. © Yes.

(43)What recourse does a participant have in RAWS when VSS fails to meet its service standards, particularly in relation to time requirements.

(43)In accordance with the Department's Service Charter and Australian Government processes, the RAW can make a complaint to the Department or the Minister. The RAW can also ask the Office of the Commonwealth Ombudsman to investigate.

(44)Does the Department have any advice on the impact of sections 46 to 48 of the Trade Practices Act on SEVS and RAWS.

(44)No.

Go Cherry! Cherry for Prime Minister!!!

[funkymonkey]

more gold by Sen Cherry

Question on Notice: Motor Vehicles: Vehicle Classifications and Safety Standards (PDF file)

[funkymonkey]

More parliamentary fun...

Senator BUCKLAND —Mr Robertson, page 51 of the PBS outlines additional funding to be provided to the department to cover the administration of the Motor Vehicle Standards Act 1989. The additional funding will total $3.1 million in 2004-05, including $1.1 million in capital funding. I understand that the current level of resourcing in this area of the department has led to significant delays in the vehicle safety standards area. Is that the case?

Mr Robertson —I just need to clarify which area you are referring to when you say `significant delays'. Are you referring to the development of Australian design rules or delays in issuing approvals under the vehicle certification process?

Senator BUCKLAND —Delays in the vehicle safety standards area.

Mr Robertson —I see. That funding will cover a number of activities. One of the key areas of activity that will be addressed through that funding is the Registered Automotive Workshop Scheme. That is a scheme to allow for the importation, modification and supply to the market of imported used vehicles. It is a new scheme. It commenced operations fully as a compulsory scheme on 8 May last year, and it had a year before that as a transitory scheme. It is quite labour intensive to administer, and there is quite a deal of interest from participants who wish to be included in the scheme. So in part that funding will be used to address delays in issuing approvals to people who have applied to participate in the scheme.

Senator BUCKLAND —So that $3.1 million is going to, hopefully, reduce the delays?  

Mr Robertson —Not all of it. The $1.1 million part of it is a capital injection to do a series of enhancements on the road vehicle certification system. That is a computerised system that is used to enable vehicle manufacturers to certify compliance with the Australian design rules. It is done electronically. The remaining $2 million will be spent on employing additional staff to address delays in the RAW Scheme and some other areas that are hotspots. Half a million dollars will be set aside for vehicle standards research, plus money will be available to conduct audits of vehicle manufacturers.

Senator BUCKLAND —So how will the money actually be allocated?

Mr Robertson —Do you mean just that budget funding component of it?

Senator BUCKLAND —Yes.

Mr Robertson —A rough allocation would be $1.1 million capital. There would be at least $800,000 to employ additional staff.

Senator BUCKLAND —And how many additional staff would there be?

Mr Robertson —There will be at least 10 staff. There will be half a million dollars for research, as I mentioned; $400,000 will go to enabling the vehicle audit function and the Registered Automotive Workshop Scheme administrative costs—travel and the like—to be met. Of that, about $200,000 is for payments to overseas agents for audit activity, and there will be a remainder left that will be used to provide enhancements to existing computer systems, particularly the Registered Automotive Workshop Scheme.

Senator BUCKLAND —Are any of those new activities or are they just extensions to what exists now?

Mr Robertson —The Registered Automotive Workshop Scheme is a relatively new activity, even though it has been running for over a year. The other activities are ongoing ones.

Senator BUCKLAND —The PBS indicates that the money will:

... enable the Department of Transport and Regional Services to improve its audit and compliance programme to ensure that the quality and integrity of vehicles entering the Australian market meet Australian Standards. It will also improve the Department's ability to undertake research on vehicle safety standards.

That is what you have just been telling us.

Mr Robertson —That is right.

Senator BUCKLAND —How big is the research and development component of that? What really happens with it? Is it just to test how high the tail light should be?

Mr Robertson —No, it is not. The research program focuses on research to underpin the development of standards. It is internationally coordinated research and, in Australia, given our size, we tend to focus on where we can get the best return on the investment, and that is normally in occupant protection measures. The money will be focused on research associated primarily with side impact crash testing for the development of a global side impact regulation. That work is coordinated with a number of other economies and we chair that group.  

We will also be putting work into a key area of research, vehicle compatibility. That concerns the interaction of vehicles with each other in a crash—vehicles of different size and geometry on one hand, but also similar vehicles. Most crash testing for regulation certification purposes is done into a barrier; in the real world, cars crash into other cars. Understanding those interactions is an important part of developing future standards. We are also going to set aside money for pedestrian protection research. That is ongoing research, also internationally coordinated. The Japanese government is taking the lead on that, and our contribution will be appreciated, I know.

Available here as a PDF

[funkymonkey]

Some good news for vehicle importers...

Customs Tariff Amendment (ACIS) Bill 2003

Introduced with the ACIS Administration Amendment Bill 2003, the bill amends the Customs Tariff Act 1995 to reduce customs duty rates for new and used passenger motor vehicles and certain components from 10 per cent to 5 per cent, from 1 January 2010.

Reps: Intro. 25/6/03; Passed 8/9/03

Senate: Intro. 9/9/03; Passed 16/9/03

[funkymonkey]

Questions on Motor Vehicles: Specialist and Enthusiast Vehicle Scheme by Ferguson, Martin, MP (Batman, ALP, Opposition) in 2003

previous questions

[funkymonkey]

Questions on Motor Vehicles: Importation and Conversion by Mr Martin Ferguson in 2003