Vehicle Standard (Australian Design Rule 79/02 - Emission Control for Light Vehicles) 2005 Amendment 1

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2008L02122 Not in force Legislative Instrument

Legislation content

 

 

 

 

MOTOR VEHICLE STANDARDS ACT 1989

 

Vehicle Standard (Australian Design Rule 79/02 —
Emission Control for Light Vehicles) 2005 Amendment 1

 

 

 

E X P L A N A T O R Y     S T A T E M E N T

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Infrastructure,
Transport, Regional Development and Local Government

 

May 2008


1. Legislative Context for ADR 79/02

Vehicle Standard (Australian Design Rule 79/02 – Emission Control for Light Vehicles) 2005 Amendment 1 is made under the Motor Vehicle Standards Act 1989 (the Act).  The Act enables the Australian Government to establish nationally uniform standards for road vehicles when they are first supplied to the market in Australia.  The Act applies to such vehicles whether they are manufactured in Australia or are imported as new or second hand vehicles.

The making of the vehicle standards necessary for the Act's effective operation is provided for in section 7 which empowers the Minister to "determine vehicle standards for road vehicles or vehicle components".

 

2. Content and Effect of ADR 79/02 Amendment 1

ADR79/02 prescribes the exhaust and evaporative emissions requirements for light vehicles in order to reduce air pollution.

Schedule 1 amends the applicability clauses of ADR79/02 to extend its coverage to include diesel fuelled vehicles.

 

3. Consultation Arrangements

3.1 General Arrangements

It has been longstanding practice to consult widely on proposed new or amended vehicle standards.  For many years there has been active collaboration between the Australian and the State/Territory Governments, as well as consultation with industry and consumer groups.  Much of the consultation takes place within institutional arrangements established for this purpose.  The analysis and documentation prepared in a particular case, and the bodies consulted, depend on the degree of impact the new or amended standard is expected to have on industry or road users. 

A Memorandum of Understanding (MOU) between the National Transport Commission (NTC) and the National Environment Protection Council (NEPC) sets out the consultative arrangements governing the development of vehicle emissions and noise standards and other vehicle/environmental issues.  NEPC has since been renamed the Environment Protection and Heritage Council (EPHC).  The MOU established the Land Transport Environment Committee (LTEC) (consisting of four representatives each from transport and environment agencies), to undertake an agreed work program consistent with the MOU.

Depending on the nature of the proposed changes, consultation may involve the Transport Emissions Liaison Group (TELG), Transport Agencies Chief Executives (TACE), the EPHC and the Australian Transport Council (ATC).

TELG is the main consultative group that supports LTEC.  It contains representatives of:

      transport and environment agencies ;

      the manufacturing arms of the vehicle and fuels industry (including the Federal Chamber of Automotive Industries, the Truck Industry Council and the Australian Institute of Petroleum);

      road user organisations (the Australian Automobile Association and the Australian Trucking Association); and

      the National Environment Consultative Forum.

TACE consists of the chief executives of national and State/Territory departments of transport and road vehicle administrations.

ATC consists of the Commonwealth, State/Territory and New Zealand Ministers with responsibility for transport issues.  EPHC consists of Commonwealth and State/Territory Ministers with responsibility for environment issues.

New standards, or significant changes that increase the stringency of existing standards, are subject to consideration by ATC Ministers.  Unless disapproved by a majority of ATC Ministers, the Minister for Infrastructure, Transport, Regional Development and Local Government can then determine the new or amended standards.  Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Best Practice Regulation. 

In November 2005, ATC agreed to streamlined arrangements for processing ADRs which removed the need for a formal ATC vote where the ADR proposals are non‑controversial and harmonised with international regulations.

 

3.2        Specific Arrangements for this ADR

This is a minor administrative change, which enables manufacturers of light diesel vehicles to use ADR79/02 as the compliance route (currently ADR79/01 is the only option for demonstrating compliance).  It does not change the intent of the vehicle standard and no consultation was required.

 

Overview

The Motor Vehicle Standards Act 1989 was enacted to establish nationally uniform standards for road vehicles supplied to the Australian market, whether manufactured domestically or imported. This Act empowers the Minister to determine vehicle standards to ensure safety, emissions, and other regulatory compliance. The legislative context for the Vehicle Standard (Australian Design Rule 79/02 – Emission Control for Light Vehicles) 2005 Amendment 1 is firmly rooted in this Act, specifically section 7, which allows the Minister to set vehicle standards for road vehicles or components. The amendment aims to address the gap in emission control standards for diesel-fuelled vehicles by extending the coverage of ADR79/02 to include these vehicles. This amendment was introduced to reduce air pollution and ensure that all light vehicles, regardless of fuel type, adhere to stringent emission standards. The policy objective is to align Australia's vehicle emission standards with international benchmarks, thereby improving environmental outcomes and public health. Extensive consultation with various stakeholders, including transport and environment agencies, industry representatives, and consumer groups, underpins the development and implementation of these standards.

Scope and Application

The Motor Vehicle Standards Act 1989 governs the establishment of nationally uniform standards for road vehicles supplied in Australia, irrespective of whether they are manufactured domestically or imported. This legislation applies to all new and second-hand vehicles and empowers the Minister to determine vehicle standards for road vehicles or vehicle components. Under this legislative framework, the Australian Design Rule 79/02 – Emission Control for Light Vehicles 2005 Amendment 1 was made to address exhaust and evaporative emissions requirements, specifically extending its coverage to include diesel-fuelled vehicles. This amendment is designed to reduce air pollution from light vehicles. The Act’s jurisdiction is national, ensuring consistent standards across all states and territories in Australia. While the Act sets out the overarching legislative context, subordinate instruments and regulations may further define or refine the application of these standards, ensuring that the legislation remains effective and responsive to technological and environmental developments.

Key Provisions

The primary operative sections of the Motor Vehicle Standards Act 1989, particularly as amended by the Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005 Amendment 1, establish a framework for setting and enforcing vehicle standards. Section 7 of the Act provides the authority for the Minister to determine these standards, ensuring that vehicles meet specific requirements when first supplied to the market in Australia. The amendment specifically addresses the applicability of ADR 79/02, extending its coverage to include diesel-fuelled vehicles, thereby aiming to reduce air pollution from light vehicles. Under this Act, the obligations imposed on parties and entities include compliance with the emission standards set out in ADR 79/02. Manufacturers of light vehicles, including those importing vehicles, must ensure that their products meet the specified emission controls. This obligation extends to both petrol and diesel-fuelled vehicles, as the amendment broadens the scope of the rule to encompass diesel vehicles. Vehicle importers and manufacturers must demonstrate compliance through adherence to the standards stipulated in ADR 79/02, which includes meeting the technical specifications for exhaust and evaporative emissions. There are no explicit offences, penalties, or civil/criminal consequences detailed in the explanatory statement for breaches of the amended ADR 79/02. However, the overarching Motor Vehicle Standards Act 1989 provides for enforcement mechanisms. Non-compliance with the vehicle standards can lead to penalties, including fines and potential vehicle impoundment. The penalties for non-compliance with vehicle standards are not specified in the explanatory statement but are likely to be consistent with those outlined in the broader Act. Generally, such penalties can be substantial, reflecting the importance of maintaining high standards to protect public health and the environment.

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