Around 2005 it became clear some ‘importers’ were only ‘facilitating’ RV importation, not always revealing the transaction was between the buyer and the supplier. It worked by exploiting a loophole intended to enable overseas visitors to use non-compliant personal electrical appliances such as razors and mobile phone chargers etc, and (still) enable locals to buy overseas and import and use (but not resell) electrically and gas non-compliant RVs.

These RVs are modified for our 230 volt supply, but changes are typically limited to a mandatory double pole circuit breaker, RCD and 230-110 volt electrically isolated transformer.

The changes enable it to be used physically, but not necessarily cause it to meet the required Standard/s. In many instances, the original 110 volt cabling, supply outlets and 110 volt 50 Hz appliances are retained. Importers now state their products are produced to meet Australian legislation. It is however alleged that non-compliant RVs are still brought in under ‘facilitating’ agreements.

The legal position is clear: unless made 100% gas and electricity compliant, that RV may be used by the original buyer, but not sold by that buyer (except to a dealer accepting responsibility).

Existence of illegal importation was long known to many, but until 2009, Australia’s laws of defamation precluded it being reported. Clearly non-compliant vehicles bypassed inspection with some provided with false or flawed ‘Certification’.

This was eventually brought to the attention of the Australian Government (not least by CMCA). On November 20 (2009) then Federal 

Infrastructure, Transport, Regional Development and Local Government Minister, Anthony Albanese confirmed the above in Parliament (and published in Hansard). It can thus be reproduced without risk of legal action.

The following (and specifically authorised) extract is an exact quotation from the Minister’s statement entitled Unsafe Trailers Put On Notice With New Code of Practice.

“This move will still allow Australians returning home from long periods overseas to bring with them their personal vehicles, whilst reducing the potential for abuse by organised syndicates seeking to bypass our rigorous motor vehicle certification arrangements by using third parties to import non-compliant vehicles.”

It later became clear (via the Qld Government) that Certificates of Compliance - including those for electrical and on-road compliance – had been obtained by ‘importers’ falsely declaring RVs were compliant – when they were not. Similar issues occurred with false declarations of weight and width.

Intending buyers (of second-hand vehicles) thus need to be totally aware that, even though a Certificate of Electrical or Gas Compliance may exist for that import, that RV may not meet the legally required (Australia-wide) compliance with AS/NZS 3000:2007 and AS/NZS 3001:2008 as Amended.

This issue, particularly regarding false or flawed electrical and gas certification known by regulatory authorities and is being taken increasingly seriously. Any imported RV being re-registered in another state is likely to have to obtain new Certificates of Compliance.

Legislation Summary

The original owner can legally use a non-compliant RV, but unless it is brought fully into legal Compliance, that owner cannot resell it - except to a dealer who absorbs that responsibility. The owner normally assumes such liability but a ‘facilitator’ may be held legally liable if ‘evidence of compliance’ was claimed. (Individual legal advice is needed re this).

Each Australian state and territory individually administers the provisions of the Electricity (Consumer Safety) Act 2004 and the Electricity (Consumer Safety) Regulation 2006. These include the sale of mains supplied electrical appliances and equipment. The approval schemes in the various states are similar and substantially uniform but not identical. Reciprocal agreements allow for articles approved in one jurisdiction to be sold in all other jurisdictions.

In NSW, certification by NSW Fair Trading relates only to electrical safety. It does not imply that a certified article is endorsed. In Queensland the issue is handled by the Electrical Safety Office of the Department of Justice and Attorney-General, in Victoria by Energy Safe Victoria, in South Australia by the Office of the Technical Regulator, in Tasmania by Workplace Standards of the Tasmania of Department of Justice, in Western Australia by EnergySafety of the Department of Commerce, in the NT by NT Worksafe and in the ACT by the Planning and Land Authority.

All approved declared articles must carry the appropriate approval mark and comply with the relevant safety standard.

The Electricity (Consumer Safety) Act 2004 provides for the prohibition of any article that is, or is likely to become, unsafe and may compel such remedial action (including recall) necessary for public safety. It also ensures the public is protected as far as possible against risks attached to the use of unsafe electrical articles. Legislation concerning the sale and approval of electrical articles is also in force in other Australian states and territories.

Declared Articles

All electrical goods sold in Australian states and territories must meet the requirements of the Electricity (Consumer Safety) Act 2004 and its Regulations. This legislation covers the distribution of safe electrical appliances and other electrical goods. The NSW listing includes:  Appliance connectors, wall and other switches, lamp holders, circuit breakers, plugs and outlet sockets, RCDs, supply cords, toasters, dishwashers, fans, heaters, irons, electric jugs, microwave ovens, fridges and freezers, TVs, washing machines, electric blankets, hair dryers, immersion heaters, razors, lighting etc. (The full list of NSW Declared Articles, details, and regulations can be viewed at: http://www.fairtrading.nsw.gov.au/pdfs/Businesses/Explanatory_notes_and_declaring_order.pdf).

The list of so-called Declared Articles includes every electrical item likely to be found in an RV. The list is virtually identical in all Australian jurisdictions.

Approved electrical goods have a marking consisting of a capital letter (corresponding to the authorising state or territory) followed by a certificate number. Some small articles may be permitted to use other approval marks (e.g. a trade name). All must have a recognised Australian Certificate of Approval.

Note than overseas Certificates of Approval and approval marks (such as the CE mark), are not acceptable in Australia.

The maximum penalty for selling, importing, hiring or exchanging  unmarked or unapproved electrical goods is $82,500 and/or two years imprisonment for an individual or $825,000 for a corporation.

A 110 volt, 60 Hz appliance in any Declared category can be used if brought into Australia or New Zealand by the user - and that original intent observed. But it cannot then legally be sold. It is that simple.

Requirements may vary slightly from state to state but that of NSW is typical of all states.

Sales of Declared Articles

Section 16 of the Electricity (Consumer Safety) Act 2004 makes it an offence to sell a Declared Article if: the article is not approved by a relevant authority as outlined above; does not have an approval mark allocated by the approval or certification agency (see above) or the Regulatory Compliance Mark (if appropriate) and if the article does not comply with the relevant class and, if applicable, model, specifications or other prescribed requirements for that article.

Definition/application of ‘sell’

‘Sell’ includes auction or exchange; offer, agree or attempt to sell; advertise, expose, send, forward or deliver for sale; cause or permit to be sold or offered for sale; hire or cause to be hired; and display for sale or hire. It is also an offence for any person to dispose of or make available an article if it would be an offence to sell that article. This puts the reseller of a non-compliant RV at risk. The legislation applies to any person who sells a particular article. This includes the manufacturer or importer and any on-seller.

Note that if any amendments are made to the Electricity (Consumer Safety) Act 2004 or the Electricity (Consumer Safety) Regulation 2006 at any time, the information contained in these notes may become out-dated. For more detail see Section 3 of the Electricity (Consumer Safety) Act 2004.

The material above has been checked and approved by a very senior Electrical Safety Inspector (in his private capacity) and I have his written  permission to state this. This article takes in his suggested changes and clarifications.

Technical Issues

Electrical systems in US and Canadian RVs operate differently from Australian and New Zealand practice (and also that of many European countries). These differences extend well beyond that the US/Canadian system is 110 volt, 60 Hz (cycles/second), whilst much of the world uses 230 volts, 50 Hz. The differences are such that an RV cannot be legally or technically resolved by making a few additions and adding a 110 volt to 230 volt transformer. That this is commonly done, and that some imported and other RVs have flawed (and some false) electrical certification, has several probable causes.

Direct questioning has shown that far from all licensed electricians are aware that RVs have requirements different from those in ‘The Wiring Rules (AS/ NZS 3000: 2007). The applicable RV Standard, AS/NZS 3001:2008 (as Amended in 2012), calls for double pole switching throughout and many other requirements that differ substantially from ‘The Wiring Rules’.

The second matter, that appears to have only recently come to the attention of RV licensing authorities, is that whilst it is legal to use a step-down transformer in some circumstances (e.g. in scientific equipment etc) virtually everything electrical plugged into it must be legally approved and Certified. In Australia and New Zealand, no 110/120 volt 60 Hz ‘Declared Article’ (see above for definition) meets the requirements for such approval.

By extension, this applies also to the 110 to 12 volt converters that feed the lighting etc. That can however be legally done by using an approved 230 volt to 12 volt charger or converter (as in local Jayco and other RVs).

Licensed electricians consulted in the course of researching this article say that whilst the above is indeed the current position: the electrical standards bodies had never intended  the rules to be interpreted in the way they have. As one licensed electrician succinctly puts it, “in essence it is a nest of regulatory worms in that things are either dangerous or not, and that "[whichever it is] has got FA to do with who sells it" … [and that] "there seems a clear disconnect between authorities."

The major issue appears to be the use of ‘isolation transformers’ (i.e. where the input winding is fully electrically isolated from the output winding). These transformers are fine for the purpose made - to power only one Class 1 device at a time. (A Class I device is one that has its metal chassis or enclosure connected to earth). There are known safety issues if two or more Class 1 appliances are connected. This is referred to in AS/NZS 3000:2008 7.4.3 re ‘Arrangement of Circuits’ which requires that ‘all live parts of a separated circuit shall be reliably and effectively separated from all other circuits, including other separated circuits and earth.’

It appears that many assume all is well if that 230-110 volt transformer meets Australian Standards, but that assumption was questioned without exception by every licensed electrician and electrical engineer consulted whilst researching this article. I too question it - having reread the relevant Standards.

The well known and highly respected licensed electrician quoted above noted that, “there is no way that I can see where the use of an isolation transformer either permanently wired or portable andplugged into the existing ‘van power inlet can comply with the Standards.”

Some electricians appear to have overlooked this, but insurers are now well aware of it and may reject claims resulting from an electrical incident that involves a 110 volt item.

Different systems

Most RVs have one or other of two main systems for providing 12 or 24  volt power whilst away from a 230 volt supply. One has 12 or 24 volt lights, water pump/s etc run from a battery, and often an inverter that provides 230 volts ac. The battery is charged via the alternator, solar and from time to time via a 230/12 volt charger. There is also likely to be provision for running from 230 volts when available, but the 12/24 volt bits are run from that battery system.

The second (used by almost all US/ Canadian RVs and in Australia by large RV makers) seems identical – but isn’t. These RVs are intended to be run from a 230 volt mains supply most of the time. They include 12/24 volt dc system, but different from the above in that 12/24 volts loads are supplied directly, i.e. not ‘floated’ across a 12 volt battery. The main unit, called a ‘converter’ produces 20-30 amps at a typical 13.65 volts. A relay automatically switches the 12 volt electrical system to the backup battery if 110/230 volts is not available.

The typically 100 Ah back up battery is trickle-charged by the converter. According to their makers’ specifications, up to 70 hours is needed to bring that battery close to full charge – if deeply discharged (as is probable if used). The minimum claim is 18 hours – unless charged via an alternator by several hours driving. The systems are thus fine for the typical rental market, but not for the now common free-camping.

With imports, the existing converter is neither safe nor legal if it is 110 volt 60 Hz. (It will overheat due to our system being 50 Hz).

(These systems were also described in The Wanderer March 2013).

Fixing the Problems

Many importers insist their ‘conversion’ is Iegal, but the fact remains that if RVs (as some do) require 110 volt appliances (that are ruled out for sale here as they are Declared Articles) and/or have 110 (60 Hz) to 12 volt converters,  those units may not legally be sold in Australia. If they are, (apart from the sale illegality) they may be deemed ‘unfit for the purpose’ for which they have been sold.

Rectification is costly. It may require total rewiring with 230 volt cabling, double pole switching and socket outlets. The 12 volt system issue can be addressed by using a 230 volt-12 volt converter, but for free-camping use it is far better to use a direct battery system (not converter). Either way effectively requires scrapping almost all and starting again. Here, Australian law requires that everything removed must be permanently disposed of (i.e., scrapped). It cannot be sold - nor even given away.

This issue needs to be resolved. Regardless of ‘selling considerations’ that may apply to electric razors and such like, such considerations cannot reasonably be extendable to recreational vehicles. I am ‘reliably informed’ that at least one eminent Standards Australia officer believes this too. 

In essence: it is inconceivable that the act of ‘selling’ can turn a ‘safe’ RV into an ‘unsafe’ RV. This matter appears to need urgent and multi-partisan resolution.

Please note this article addresses ‘facilitated’ importation. It does not address legal imports - excepting that they too must fully comply.

Disclaimer: I am not a licensed electrician, but I do have extensive experience in electrical design and engineering.

Collyn Rivers

Category: Technology
Written: Mon 01 Apr 2013
Printed: April, 2013
Published By: