NSW GOV MODS TO REGISTERED VEHICLES

A person must not carry out modifications on a registered vehicle (whether by the addition or removal of components or otherwise) that results in the vehicle failing to comply with the applicable vehicle standards.

Additional clauses in Division 2 of the regulation were introduced which allowed the Authority to gazette 'Significant modifications to vehicles' and specified that vehicles thus modified should not be used on the road unless they had been certified under the VSCCS scheme.

It is implied that only modifications that have been gazetted would therefore fall under Clause 55A above; however another interpretation of this clause is that it stands alone and there is nothing in Division 2 which relieves the 'person' of his or her responsibility to ensure that their vehicle at all times complies with the 'applicable vehicle standards'. These are of course the Australian Design Rules which are applicable to all post 1972 vehicles. These are contained in Schedule 2.

At this point in time the Authority (RTA/RMS) has not gazetted the list of modifications, so the only current interpretation that can be made is that all modifications require certification.

We have documented all aspects of the VSCCS scheme and its impact on different users on a website:

The website also contains a link to the Channel 10 News feature that went to air before Xmas featuring Trevor Booth.

Our site lists some of the modifications that, in our view, have been impacted by the introduction of the VSCCS. As even items such as seats in ambulances are impacted, it is hard to believe that the status quo will be allowed to remain for too long!

We are looking for clarification on this, and a number of other points. When such clarification is received, it will be published on the above site and its associated blog. In this way the site can serve as a clearing house for accurate information.

A final point to understand in relation to the legislation is that the 'Authority' can in the future add any item it wishes to the Gazetted List, again with no parliamentary scrutiny or advanced warning to the public. You will need to decide whether you are comfortable with this situation before you embark on a project, such as outfitting a 4WD for bush touring or restoring a car. In the latter instance you may not be able to refit the original period modifications and accessories, to the detriment of your car's history and authenticity.

The engineers operating under the ECS scheme were given approx 10 days notice to close down their business. They then had the choice of re-applying for the new scheme and many have chosen not to do so.

The Authority may argue that they had been discussing the new scheme for a long time - over 10 years in various forms - but the transitional arrangements have been ill considered and people who had embarked on major projects such as building a replica or an Individually Constructed Vehicle in RTA/RMS parlance can be in the position where they have paid one certifier to certify the build and cannot complete the project with that certifier.

There is no agreed procedure to hand the project over from the old ECS engineer to the new VSCCS Certifier, and we are hoping that this can be rectified in the future.

So in summary, more vehicles will require certification, but as things stand at present there are fewer people to do the work.

Many of the stakeholders including the ACMC, the CMC, the other car club groups, and a number of industry associations held discussions with the RTA/RMS in the period leading up to the introduction of the VSCCS and everyone that we have spoken to was under the impression that the NSW government would introduce VSB14 into the legislation together with some NSW specific additions. VSB14 is the National Code of Practice for Light Vehicle Construction and Modification. It is a guide for Modifiers as opposed to Certifiers and it was expected it would replace the Light Vehicle Code of Practice (LVCOP) which together with VSB6 was enshrined in the previous legislation. VSB6 is the code of practice for heavy vehicles.

Instead both were removed along with a large number of other technical documents; the full list appears here:

It had been intended to also introduce a new technical standard for Certifiers. We believe this may happen, but to date it has not. So the issue for the certifiers that have signed up for the new scheme is that they no longer have any alternate technical document to demonstrate compliance to the ADR's and other requirements of Schedule 2. Their only legal option is to adopt the whole of the technical requirements and extensive testing regime of the ADR's. This would include crash testing for ICV's.

If they depart from the requirements of Schedule 2, and there is evidence that the RMS has encouraged this, then they may be assuming liabilities in the event of a claim. This highlights the entire issue of certifier liability to a new level; it is in itself a sensitive issue as the 'Authority' has introduced its own Professional Indemnity Insurance scheme.

The status quo also means that the Modifier of a vehicle has no legislated technical document upon which to base his modifications. And if we refer back to Clause 55A we will see that the modifier may be the person who is persecuted under this legislation. That could be the person who fits the bull bar to your 4WD or those upgraded callipers to your Jaguar.

We have raised these concerns with the RTA/RMS and await their response. When and if this is received it will be posted on our web site.

A large number of car clubs in this state are members of the Council of Motor Clubs (CMC). This organisation in its turn is a member of a new group called the Australian Confederation of Motor Clubs which has moved very quickly and organised an event at Eastern Creek on 26th February. Details will appear on the ACMC web site and if your club is affiliated with this organisation you should receive a flyer.

The ACMC is encouraging all member clubs to attend the event and to discuss their participation and the reasons for it with their local member and with their local press.

Hoping to see everyone at Eastern Creek. We have a blog page which will post developments and which also allows you a place to add your own comments: