Sunday, Feb 28, 2016 at 19:54
Questions have been raised whether a GVM upgrade should be done prior or post licensing a factory new vehicle. For those that are interested, it is an offence under Federal law to modify a vehicle prior to it being licensed. This includes a GVM upgrade. The methodology behind this is that when a vehicle is manufactured and fitted with an Australian Compliance Plate, the manufacturer is certifying that the vehicle is a standard vehicle that complies with the specifications that have been given type approval and is in it accordance with the Approval Number printed on the Compliance Plate. For those that are interested the Approval Number can be entered in to the RVCS website and the specifications for that Vehicle Make, Model, Type Approval, etc. will be displayed.
The only legal way such modifications can be performed prior to licensing is in the case where the vehicle modifier is approved by the Feds to carry out certain modifications and to fit a Second Stage Manufacture Compliance Plate. In this case the modifier will fit a SSM plate to the vehicle which will reflect the revised GVM. E.g. ARB Ford
Ranger 2 Approval No. 44118 increases the GVM on the Ford Approval No. 43280 and Lovell’s Ford
Ranger 2 Approval No. 46728 does the same.
It is known however that this law is often ignored by persons placing a quick sale and profit margin ahead of vehicle safety and such instances will in all probability increase as Government cost cutting results in a reduction in compliance auditing. It is however important from a vehicle safety, insurance, vehicle warranty and legal viewpoint to ensure such modifications are carried out by competent personnel, using parts certified for road use and that the applicable ADR’s are not compromised. This is particularly important when modifying the
suspension and brakes on vehicles fitted with ESC, VSC, etc. I can only comment on what happens in WA where it is an offence to modify a vehicle with prior approval. Standard accessories and factory approved /Dealer fitted options are exempt from this process and there are several different approval streams depending on the extent/complexity of the modifications. All vehicles once modified must be examined and at this point the vehicle record is updated and generally a Modification Permit is issued (except where a SSM plate is fitted or a plate has been fitted under the VSB6 scheme) A Certificate of Variation to the Vehicle Details is issued as confirmation that the changes have been entered in to Licensing database. This Certificate along with the Mod Permit is the owners’ evidence that the mods have been approved and when the current vehicle license expires the new and future Registration papers/Vehicle License will reflect the revised GVM. For anyone interested copied in the square brackets below is the Federal rules re modifying vehicles prior to licensing.
Copied from the Motor Vehicle Standards Act 1989
[ Division 2—Standard vehicles not to be made nonstandard
13A Vehicles not to be made nonstandard
(1) Subject to subsection (3), a person must not do an act that results in the modification of a standard vehicle in a way that makes it nonstandard.
Penalty: 120 penalty units.
(2) Subject to subsection (3), a person must not hand over a standard vehicle to a person for modification, whether by that person or otherwise, in a way that makes it nonstandard.
Penalty: 120 penalty units.
(3) A person may modify a standard vehicle in a way that makes it nonstandard, or hand over a new vehicle for such modification:
(a) in prescribed circumstances; or
(b) with the written approval of the Minister.
(4) An approval given under subsection (3) may be subject to written conditions determined by the Minister. ]
Copied from VSB1
[ The Australian Government maintains jurisdiction over road vehicles up to the point of first supply to the Australian market (i.e. manufacture or importation). Once a vehicle has been supplied to the market, it is in-service. State and Territory Governments are responsible for continued regulation after this point (e.g. vehicle registration, roadworthiness and the approval of modifications to vehicles in-service). ]
Idler Chris raised the question: [ Consider this. The compliance plate on a trailer must show the ATM, but there is no requirement to show the GTM but there is nothing to stop a manufacturer from showing the GTM if they wish to. ] This is incorrect as shown below in ADR 43/00 and VSB1 which states both figures must be displayed with the ATM being on the Compliance Plate and the GTM either on the Trailer Plate or Identification Plate. In my experience caravan manufacturers usually elect to display bothe figures on the Compliance Plate
Copied from ADR43/00
[ 43.3. MARKING
43.3.0 Identification Number
43.3.0.1. Every vehicle shall have a unique ‘Vehicle Identification Number’
43.3.1. ‘Compliance Plate'
Every motor vehicle and every applicable trailer shall bear an `Approved’ 'Compliance Plate' which shall be placed in a conspicuous position on the vehicle.
43.3.2. Engine Number
An identification number shall be legible and permanently stamped, laser engraved, cast or a combination of these upon the main component of the engine at the time of its manufacture and such number shall be located where it can be readily seen when the engine is installed in the motor vehicle for which it intended.
43.3.3. Trailer Plate
43.3.3.1. On every trailer, there shall he permanently affixed a plate in a prominent external position on which is:
‘Manufacturer’s’ Name
'Date of Manufacture'
'Gross Trailer Mass' (in kg).
Tyre and rim data as required by the placard specified in Australian Design Rule 24/ 'Tyre and Rim Selection'.
43.3.3.1.1. In the case where the trailer is fitted with passenger car tyres, the data specified in Clause 24.2.1 of that Rule.
43.3.3.1.2. In the case where the trailer is not fitted with passenger car tyres, the data specified in clause 24.3.1 of that Rule;
43.3.3.2. Information which is contained in the ‘Compliance Plate’ does not need to be shown on the trailer plate, for trailers. ]
Copied from VSB1 – Building Small Trailers
[ 7. VEHICLE PLATE
Before registration under the terms of this bulletin, the manufacturer or importer must affix a vehicle plate to the trailer.
The vehicle plate is used instead of the identification plate (for new trailers) or used import plate (for used imported trailers). The vehicle plate provides a clear indication to the State and Territory registering authority – and to owners and the general public – that the trailer is ready for road use. The vehicle plate also provides useful information about the specifications of the trailer.
The vehicle plate must be durable, non-corrosive metal and must be affixed to the vehicle in a position where it may be readily examined.
The vehicle plate must be permanently affixed by pop rivets, hammer drive screws or welding. Affixing plates with adhesives is not acceptable.
The vehicle plate must show at least the following information:
Manufacturer's or Importer’s Name (whichever party takes responsibility for the certification statement);
• Trailer Model;
• Vehicle Identification Number (specified in Section 4);
• Date of Manufacture (month/year, e.g. 02/08);
• Aggregate Trailer Mass (kg); and
• The Certification Statement (specified below).
The certification statement for new trailers is:
This trailer was manufactured to comply with the Motor Vehicle Standards Act 1989. ]
Idler Chris also raises another ‘what if’ viz: [ Now what happens if you are stopped by some authority who does not have scales. They look at the DoT licensing database, adds the two weights shown, being the GVM of the tug and the ATM of the trailer and says your over your GCM. I think you maybe in some trouble. ] I do not see how this could occur because to know you had exceeded your GVM the ‘some authority’ would have to weigh your tug with the trailer/caravan attached so the ball weight is included. Whilst there are plenty of offences based on the ‘published’ maximum weights, without weighbridge confirmation of actual weights, such as, driving out of class, exceeding the posted speed limit for a particular GVM rated vehicle, as we have been discussing, this question is too complex to answer with knowing the actual weights involved.
In a nutshell you could not reasonably charge someone, and be assured of success in court, re such an offence, without knowing the actual weights involved.
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