MOTOR VEHICLE STANDARDS ACT 1989
Vehicle Standard (Australian Design Rule 79/02 —
Emission Control for Light Vehicles) 2005 Amendment 2
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
June 2010
1. Legislative Context for ADR 79/02
Vehicle Standard (Australian Design Rule 79/02 – Emission Control for Light Vehicles) 2005 Amendment 2 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 2
ADR79/02 prescribes the exhaust and evaporative emissions requirements for light vehicles in order to reduce air pollution.
Schedule 1 of Amendment 2 amends ADR79/02 to enable vehicle manufacturers to continue to use the LPG test fuel specified under an earlier version of the standard (ADR79/01) as an alternative to the test fuel specified in ADR79/02. The amendment will also accommodate vehicle manufacturers who have UN ECE Approvals to the latest version of Regulation 83/05 which is adopted in ADR79/02 and will rectify minor drafting errors in clauses 5.2 and 5.3 of ADR79/02.
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.
New standards, or significant changes that increase the stringency of existing standards, are subject to consideration by Ministers of the Australian Transport Council (ATC), with the Minister for Infrastructure, Transport, Regional Development and Local Government having ultimate responsibility to determine the new or amended standards under the Act. 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 package of amendments represents minor changes requested by industry which will not change the intent or stringency of the ADR. The Office of Best Practice Regulation has confirmed that a Regulation Impact Statement is not required (OBPR ref no. 2010/11179).
Overview
The Motor Vehicle Standards Act 1989 was enacted to establish nationally uniform standards for road vehicles when they are first supplied to the market in Australia, whether manufactured locally or imported. This Act addresses the need for consistent vehicle standards across the nation to ensure safety, performance, and environmental protection. The policy objective of the Act is to maintain high standards for vehicle emissions, safety, and design, thereby protecting public health and the environment. Under the Act, the Minister for Infrastructure, Transport, Regional Development and Local Government is empowered to determine vehicle standards, which includes the ability to introduce or amend Australian Design Rules (ADRs). The legislative context and content of the ADR 79/02 Amendment 2, made under this Act, focus on adjusting the emission control standards for light vehicles to reduce air pollution. The amendment allows for the continued use of LPG test fuel and accommodates UN ECE Approvals while correcting minor drafting errors, without altering the overall intent or stringency of the original standard.
Scope and Application
The Motor Vehicle Standards Act 1989, as amended by the Vehicle Standard (Australian Design Rule 79/02 – Emission Control for Light Vehicles) 2005 Amendment 2, establishes uniform national standards for road vehicles in Australia, including those manufactured domestically and those imported as new or second-hand. The Act applies to all such vehicles, ensuring consistent emission standards across the nation. The authority to determine these vehicle standards is vested in the Minister for Infrastructure, Transport, Regional Development and Local Government under section 7 of the Act. The legislative framework involves extensive consultation with Australian, State, and Territory governments, industry stakeholders, and consumer groups, particularly when the proposed changes are significant or increase the stringency of existing standards. However, for minor amendments such as those specified in ADR 79/02 Amendment 2, which include technical adjustments to accommodate industry requests and correct drafting errors, a formal vote by the Australian Transport Council is not required, provided the changes do not alter the intent or stringency of the standards. This amendment allows the continued use of a specific LPG test fuel for certain vehicles, ensures compatibility with international approvals, and rectifies minor drafting issues within the original standard.
Key Provisions
The Australian Design Rule (ADR) 79/02, under the Motor Vehicle Standards Act 1989, sets out the emission control requirements for light vehicles. The recent Amendment 2 to ADR 79/02, specified in Schedule 1, modifies the rules to allow vehicle manufacturers to use LPG test fuel as an alternative to the standard test fuel. This amendment also addresses minor drafting errors in clauses 5.2 and 5.3 of the original ADR, ensuring the regulations are clear and enforceable. Additionally, it accommodates manufacturers with UN ECE Approvals to the latest version of Regulation 83/05, which aligns with ADR 79/02.
Vehicle manufacturers and importers must ensure that their vehicles comply with the emission standards specified in ADR 79/02 and its amendments. This includes using the appropriate test fuels and ensuring that the vehicles meet the required emission levels. Manufacturers must also ensure that their vehicles are tested and certified according to the standards, and that any changes made to the vehicles comply with the regulations. Importers need to verify that the vehicles they bring into Australia meet the emission standards set by ADR 79/02, and provide the necessary documentation to support this compliance.
Failure to comply with the standards set by ADR 79/02 and its amendments can result in significant penalties. Under the Motor Vehicle Standards Act 1989, non-compliance can lead to civil penalties, including fines and potential legal action. For example, section 45 of the Act allows for fines up to $16,500 for individuals and $82,500 for corporations for each offence. Additionally, persistent or severe non-compliance may result in criminal charges, leading to further penalties and potential imprisonment. The Act also provides for the seizure and impoundment of non-compliant vehicles, which can result in significant operational disruptions for manufacturers and importers.