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14/05/2010 - AAAA ATTACKS PROPOSED BULL BAR LAWS
Businesses involved in the manufacture, distribution and fitment of bull bars should be aware that the Federal Government is currently considering the adoption of United Nations Economic Cooperation for Europe (UNECE) regulation which relates to the design and safety performance of vehicles that come into contact with pedestrians and other vulnerable road users. In simple terms, if the regulation were adopted in full, there would be a requirement for every new vehicle sold in Australia to meet stringent pedestrian safety criteria, which would be administered via the Australian Design Rule (ADR) process. The timing of European adoption of the regulation is through a phased approach between 2013 and 2019. In the European Union, the roll out of this regulation incorporates the design and performance of vehicle frontal protection systems. As a signatory to the UNECE, the Australian Government is obliged to consider the introduction of all regulation developed via this process and the lead agency is the Department of Infrastructure, Transport, Regional Development and Local Government. The Department is in the process of preparing a Regulatory Impact Statement (RIS), which will seek public input into the possible adoption of the regulation to assist them in developing a cost/benefit analysis. AAAA understands that the RIS will be circulated in July 2010 with a final decision to be made by Government before the end of the year. It is the belief of the AAAA that it is simply not possible to design and manufacture any form of effective and commercially viable bull bar that would meet this European standard. As such, full adoption of the standard would spell the end of the bull bar as we know it and would have a devastating impact on the 4x4 parts and accessories industry in Australia. As many people would be aware, bull bars have been the subject of significant debate and media attention over many years. It is disappointing that much of this debate rarely takes into account the significant road safety benefits of the product. Each year in Australia many thousands of collisions occur between motor vehicles and animals, resulting in considerable vehicle repair costs, injury to persons, and loss of animal life. In 2007 NRMA Insurance recorded over recorded over 9000 animal-related collisions in NSW alone, with the total cost to the NSW Community estimated at $70 million. Kangaroo strikes accounted for 78 percent of these claims with the report noting that, "Kangaroos will often look for food and water near busy roads or even in urban areas". Another important attribute of the bull bar that is rarely considered is its critical role in recovering stranded vehicles in remote areas. The Australian landscape and our broad expanse of rural roads often expose road users to encounters with animals, with the majority of serious collisions occurring in regional, rural and outer urban areas. The condition of many regional roads and our road design, which includes verges and drainage ditches running alongside major roads increases the risk of animal strike, particularly in drought conditions. The urban spread of our major cities and mobility of our population has also blurred the line between urban and regional Australia. While the AAAA understands the merits of international harmonisation of standards, we believe that harmonisation should only be considered if the relevant standard or regulation is appropriate for the local conditions. Australian driving conditions vary enormously from European conditions; particularly the physical and weather environment, the increasing the incidents of large native animals on urban roads, the level and concentration of built up areas in Europe compared to Australia. These factors all make Australia a unique driving environment and in our part of the world, bull bars are designed to save the lives of the drivers and passengers of the vehicle. An impact at over 25 kilometres an hour with a large native or domestic animal will result in driver and passenger injury and death. Whilst some members of the public perceive these accessories as unnecessary - the producers, distributors and users of bull bars know they save lives. The UNECE regulation would not have accounted for Australian conditions and therefore it is our strong view that in this instance we believe that the Australian experience is so different that a 'cut and paste' policy approach is not appropriate and it is certainly not acceptable to the Australian industry. The AAAA together with representatives from the bull bar industry had a preliminary meeting with the Department of Transport in late April to seek feedback on the timing and process of consultation and to express the industry's concerns. The meeting was very productive and we have been asked to provide additional information on the size of the industry, the incidence and cost of animal strikes and the likely cost of compliance to the regulation. This data will then be incorporated into the overall RIS. Rest assured that the AAAA will devote appropriate resources and attention to this consultation process to ensure that the contribution of the bull bar industry to road safety and the Australian economy is conveyed to in the strongest possible way to Government. We will also leverage off our relationships with other impacted stakeholders such as 4x4 driver groups, farming, mining, emergency services, fleet manager and tourism representative associations to ensure that they are aware of the implications of the proposed regulation and respond accordingly. AAAA members will be regularly updated on the progress of this campaign. Should you require any further information please contact Stuart Charity in the AAAA National Office on (03) 9545 3333.
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