MOTOR VEHICLE STANDARDS ACT 1989
Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005 Amendment 3
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 and Transport
September 2011
1. Legislative Context for ADR 79/02
Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) Amendment 3 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 3
ADR 79/02 prescribes the exhaust and evaporative emissions requirements for light vehicles in order to reduce air pollution.
Schedule 1 amends the applicability clauses of ADR 79/02 to automatically exempt vehicles that comply with the new, more stringent requirements in ADR 79/03 or ADR 79/04 from the requirements of this standard.
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)[1], with the Minister for Infrastructure and Transport 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 (OBPR) as published in the Best Practice Regulation Handbook and the Council of Australian Governments Principles and Guidelines for National Standard Setting and Regulatory Action for Ministerial Councils and Standard-Setting Bodies.
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 Standard
The amendments outlined in Section 2 of this explanatory statement represent consequential changes arising from the determination of new standards, which do not change the intent or stringency of the ADR.
As the amendment to ADR 79/02 is of an administrative nature, clearance by the Office of Best Practice Regulation was not required.
[1] ATC’s work will be subsumed into the work program of the Standing Council on Transport and Infrastructure (SCOTI).
Overview
The Motor Vehicle Standards Act 1989 was enacted to provide a legislative framework for the establishment of uniform standards for road vehicles supplied in Australia. This Act empowers the Minister to determine vehicle standards that apply to vehicles whether they are manufactured domestically or imported, thereby ensuring that all vehicles meet consistent safety and environmental standards. The policy objective of the Act is to reduce air pollution and improve vehicle safety by setting stringent standards for emissions and other vehicle components. The Vehicle Standard (Australian Design Rule 79/02 – Emission Control for Light Vehicles) Amendment 3, made under this Act, specifically aims to reduce air pollution by prescribing the exhaust and evaporative emissions requirements for light vehicles. The amendment process involved extensive consultation with various stakeholders, including state and territory governments, industry groups, and consumer representatives, to ensure that the new standards are effective and practical. The administrative changes outlined in the amendment do not alter the intent or stringency of the original ADR but are intended to streamline compliance and ensure alignment with international regulations.
Scope and Application
The Motor Vehicle Standards Act 1989 applies to all road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported as new or second-hand vehicles. Under this Act, the Minister for Infrastructure and Transport is empowered to determine vehicle standards for road vehicles or vehicle components, as outlined in section 7. The Act establishes nationally uniform standards to ensure vehicle safety, emissions, and performance criteria are met. The Australian Design Rule 79/02 (ADR 79/02) is one such standard, prescribing the emission control requirements for light vehicles to reduce air pollution. Amendment 3 to ADR 79/02 modifies the applicability clauses to automatically exempt vehicles that comply with the newer and more stringent requirements in ADR 79/03 or ADR 79/04 from the requirements of ADR 79/02. The application of these standards is overseen through extensive consultation with Australian and state/territory governments, industry, and consumer groups, particularly for significant changes or new standards that may have a substantial impact on industry or road users.
Key Provisions
The Motor Vehicle Standards Act 1989 (the Act) empowers the Minister to establish uniform vehicle standards for road vehicles, including those manufactured in or imported into Australia. Section 7 of the Act specifically enables the Minister to "determine vehicle standards for road vehicles or vehicle components" (section 7). The Australian Design Rule 79/02 (ADR 79/02) sets out the emission control requirements for light vehicles, aiming to reduce air pollution. The 2005 Amendment 3 to ADR 79/02 modifies the applicability of these standards, automatically exempting vehicles that meet the more stringent requirements of ADR 79/03 or ADR 79/04 (Schedule 1).
Entities and parties governed by the Act, including manufacturers and importers of light vehicles, are required to comply with the emission standards as outlined in ADR 79/02. For those vehicles that meet the criteria of ADR 79/03 or ADR 79/04, they are exempt from the stricter emission requirements under ADR 79/02. Manufacturers and importers must ensure that any vehicle sold or supplied in Australia adheres to the relevant standards, whether the vehicle is manufactured domestically or imported. These obligations extend to providing documentation and evidence of compliance to relevant authorities upon request.
The Act imposes penalties and legal consequences for non-compliance with the vehicle standards. While the specific penalties are not detailed in the explanatory statement, it is typical under the Motor Vehicle Standards Act for breaches to result in civil penalties. These may include fines and, in more severe cases, the potential for criminal charges. The severity of the penalty often depends on the nature and extent of the non-compliance. Additionally, failure to comply with the standards can lead to actions such as the seizure of non-compliant vehicles and legal proceedings against the responsible party.