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D. If a crime or public offense is punishable in the discretion of the court by a sentence as a class 6 felony or a class 1 misdemeanor, the offense shall be deemed a misdemeanor if the prosecuting attorney files any of the following:

This ADR applies to buses, B-doubles or other heavy vehicles that were manufactured on or after 31 December 1987 and have a gross vehicle mass that exceeds 14.5 tonnes. The purpose of this ADR is to ensure certain heavy vehicles are restricted to a safe operational speed limit.

A code of practice is a set of rules which details how people in a certain industry should behave. A code of practice can be defined as a result of legislation or by industry regulators and bodies.

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3. A complaint, with the consent of the defendant, before or during the preliminary hearing amending the complaint to charge a misdemeanor.

A. Notwithstanding any other provision of this title, if a person is convicted of any class 6 felony not involving a dangerous offense and if the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a class 1 misdemeanor and make disposition accordingly or may place the defendant on probation in accordance with chapter 9 of this title and refrain from designating the offense as a felony or misdemeanor until the probation is terminated.  The offense shall be treated as a misdemeanor for all purposes until such time as the court may actually enter an order designating the offense a misdemeanor or a felony.  This subsection does not apply to any person who stands convicted of a class 6 felony and who has previously been convicted of two or more felonies.

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C. The court shall designate an undesignated offense as a misdemeanor on the defendant's successful fulfillment of the conditions of probation and discharge by the court.  The defendant successfully fulfills the conditions of probation if, in the discretion of the court, the defendant has satisfied the conditions of probation.  This subsection applies to a defendant who owes any outstanding monetary obligation unless the defendant owes victim restitution or has wilfully failed to pay the monetary obligation.Â

B. Notwithstanding subsection A of this section and until the court actually enters an order designating an offense a misdemeanor or a felony, the offense shall be treated as a felony conviction for all of the following purposes:

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2. A complaint in justice court or municipal court designating the offense as a misdemeanor within the jurisdiction of the respective court.

You will be required to comply with this Australian Design Rule (ADR) if you intend to manufacture, supply or use a particular type of bus or heavy vehicle.

1. Placing the defendant on felony probation pursuant to chapter 9 of this title, including for the purposes of title 31, chapter 3, article 4.1.

Vehicle Standard (Australian Design Rule 65 / 00 - Maximum Road Speed Limiting for Heavy Goods Vehicles and Heavy Omnibuses) 2006 Australian Government (Opens in new window)