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

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

Legislation au F2005L04081 In force Legislative Instrument

Legislation content

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

as amended

made under section 7(1) of the

Motor Vehicle Standards Act 1989

This compilation was prepared on 5 October 2011
taking into account amendments up to Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005 Amendment 3

Volume 1 contains Clauses 0.1–6 and the Notes, and
Volume 2 contains Appendix A

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra.

 

 

CONTENTS

 

 

0.1 NAME OF STANDARD [see Note 1]

0.1.1 This Standard is the Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005.

0.1.2 This Standard may also be cited as ADR 79/02.

0.2 COMMENCEMENT [see Note 1]

0.2.1 This Standard commences on the day after it is registered.

0.3 REPEAL

0.3.1 This Standard repeals each vehicle standard with the name ADR 79/02, and each amendment of such a standard, that is:

 (a) made under section 7 of the Motor Vehicles Standard Act 1989; and

 (b) in force at the commencement of this Standard.

0.3.2 This Standard also repeals each instrument made under section 7 of the Motor Vehicles Standard Act 1989 that creates or amends a vehicle standard with the name ADR 79/02, if there are no other vehicle standards created by that instrument that are still in force at the commencement of this Standard.

1 SCOPE

1.1 This vehicle standard prescribes the exhaust and evaporative emissions requirements for light vehicles in order to reduce air pollution.

2 APPLICABILITY AND IMPLEMENTATION

2.1 This vehicle standard is applicable to all M and N category vehicles with a GVM less than or equal to 3.5 tonnes, in accordance with the requirements of clause 1.1 of Appendix A and as provided in clause 2.2.

2.2 This vehicle standard applies:

2.2.1 from 1 July 2008 in relation to new model vehicles produced on or after 1 July 2008;

2.2.2 from 1 July 2010 in relation to vehicles produced on or after 1 July 2010.

2.3 For the purposes of clause 2.2, a “new model vehicle” is a vehicle of a model first produced with a ‘Date of Manufacture’ on or after 1 July 2008.

2.4 To the extent of any inconsistency, the applicability dates specified in clause 2.2 apply in lieu of any dates specified in Appendix A.

2.5 Vehicles which comply with ADR 79/03 or ADR 79/04 need not comply with this vehicle standard.

3 DEFINITIONS

3.1 For the purposes of clause 2.3, “date of manufacture” means the date the vehicle is available in Australia in a condition which will enable an identification plate to be lawfully affixed to the vehicle.

4 REQUIREMENTS

4.1 Subject to clause 4.1.1, vehicles which comply with the technical requirements of Appendix A of this vehicle standard, including all the applicable tests specified in paragraph 5.2 of Appendix A, and as varied by Part 5 of this vehicle standard, will be accepted as complying with this vehicle standard.

4.1.1 The vehicle shall comply with the relevant limit values in row “B(2005)” of the table to paragraph 5.3.1.4 of Appendix A, and the functionality of emission control devices shall satisfy the 5 year or 100,000 kilometre requirement specified in the opening paragraph to paragraph 8.2 of Appendix A.

5 EXEMPTIONS AND ALTERNATIVE PROCEDURES

5.1 The following provisions of Appendix A do not apply to this vehicle standard:

Section 3 Application for Approval

Section 4 Approval

Section 6 Modifications of the vehicle type

Section 8 Conformity of production

Section 9 Penalties for non-conformity of production

Section 10 Production definitely discontinued

Section 11 Transitional provisions

Section 12 Names and addresses of technical services responsible for conducting approval tests, and of administrative departments

Appendix 1 Procedure for verifying the conformity of production requirements if the production standard deviation given by the manufacturer is satisfactory

Appendix 2 Procedure for verifying the conformity of production requirements if the production standard deviation given by the manufacturer is either not satisfactory or not available

Appendix 3 In-service conformity check

Appendix 4 Statistical procedure for in-service conformity check

Annex 1 Engine and Vehicle Characteristics

Annex 2 Communication

Annex 3 Arrangements of the Approval Mark

5.2 In paragraph 1.1.7 of Appendix A, insert the words “M1, M2 or” after “category” and replace the words “pursuant to Regulation 49 as amended by the last series of amendments” with the words “to ADR80/02 or ADR80/03”.

5.3 In paragraph 1.2 of Appendix A, the words “Regulation No. 49” are amended to read “ADR80/02 or ADR80/03”.

5.4 In section 5 of Appendix A, delete the entire Note immediately following the heading “5.  SPECIFICATIONS AND TESTS”.

5.5 Notwithstanding that Section 8 and Appendices 1, 2, 3 and 4 of Appendix A have been declared not applicable in 5.1 above, the requirements and procedures set out in these appendices are acceptable for the purposes of demonstrating compliance with the technical requirements of this vehicle standard.

5.6 Vehicles which operate on liquefied petroleum gas may conduct vehicle testing required by this vehicle standard using the LPG reference fuels specified in
clause 1.1.1. of Annex 10a of Appendix A, in lieu of the LPG reference fuels specified in clause 1.1.2. of Annex 10a of Appendix A.

6 ALTERNATIVE STANDARDS

6.1 Subject to clause 6.1.1, the technical requirements of United Nations Economic Commission for Europe Regulation No. 83 Uniform Provisions Concerning the Approval of Vehicles with Regard to the Emissions of Pollutants According to Engine Fuel Requirements, Revision 3, incorporating the 05 series of Amendments, are deemed to be equivalent to the technical requirements of this vehicle standard.

6.1.1 The vehicle shall comply with the relevant limit values in row “B(2005)” of the table to paragraph 5.3.1.4 of the Regulation, and the functionality of emission control devices shall satisfy the 5 year or 100,000 kilometre requirement specified in the opening paragraph to paragraph 8.2 of the Regulation.

Notes to the Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005

Note 1

The Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005 (in force under section 7(1) of the Motor Vehicle Standards Act 1989) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI Registration

Date of
commencement

Application, saving or
transitional provisions

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

15 Dec 2005 (see F2005L04081)

16 Dec 2005

 

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

19 June 2008 (see F2008L02122)

20 June 2008

Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005 Amendment 2

29 June 2010 (see F2010L01686)

30 June 2010

Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005 Amendment 3

4 Oct 2011 (see F2011L02012)

5 Oct 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 2.1..............

rs. F2008L02122

Clause 2.5..............

ad. F2011L02012

Clause 5.2..............

rs. F2010L01686

Clause 5.3..............

rs. F2010L01686

Clause 5.6..............

ad. F2010L01686

Clause 6.1..............

rs. F2010L01686

 

 

Overview

The Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005, as amended, was enacted to address the problem of air pollution caused by vehicle emissions, particularly from light vehicles. This legislative instrument was made under section 7(1) of the Motor Vehicle Standards Act 1989 by the Parliament of Australia. The policy objective of this Standard is to prescribe the exhaust and evaporative emissions requirements for light vehicles to reduce air pollution. This Standard applies to all M and N category vehicles with a Gross Vehicle Mass (GVM) of up to 3.5 tonnes. The Standard commenced on 16 December 2005 and has since been amended on several occasions to enhance its effectiveness and address any identified gaps in the legislation.

Scope and Application

The Vehicle Standard (Australian Design Rule 79/02 — Emission Control for Light Vehicles) 2005, as amended, applies to all M and N category vehicles with a Gross Vehicle Mass (GVM) less than or equal to 3.5 tonnes, setting forth the emission requirements designed to reduce air pollution. This standard is applicable to new model vehicles produced on or after 1 July 2008 and to all vehicles produced on or after 1 July 2010. Notably, vehicles that comply with ADR 79/03 or ADR 79/04 are exempt from the requirements of this standard. The standard encompasses technical requirements outlined in Appendix A, which specifies the applicable tests and limit values for exhaust and evaporative emissions. While certain provisions of Appendix A, such as application for approval and conformity of production, do not apply, the requirements and procedures within those sections remain acceptable for demonstrating compliance with this vehicle standard. Furthermore, vehicles operating on liquefied petroleum gas may use specific LPG reference fuels for testing. The technical requirements of United Nations Economic Commission for Europe Regulation No. 83 are deemed equivalent to this standard, provided that the vehicles meet the specified limit values and emission control device functionality requirements. This standard applies throughout Australia and is subject to amendments through subordinate instruments, ensuring it remains current with evolving emission control technologies and standards.

Key Provisions

The Vehicle Standard (Australian Design Rule 79/02 – Emission Control for Light Vehicles) 2005, as amended, sets out the technical requirements and procedures for ensuring compliance with emission standards for light vehicles, which are vehicles in the M and N categories with a Gross Vehicle Mass (GVM) of up to 3.5 tonnes. The Standard aims to reduce air pollution by prescribing the emissions requirements for such vehicles. These requirements are detailed in Appendix A of the Standard, which includes specifications and tests that vehicles must undergo to be considered compliant. The Standard applies to new model vehicles produced on or after 1 July 2008 and to all vehicles produced on or after 1 July 2010. However, vehicles that comply with ADR 79/03 or ADR 79/04 are exempt from the requirements of this Standard. The Standard also provides that certain provisions of Appendix A do not apply, but the requirements and procedures in these provisions are acceptable for demonstrating compliance with the technical requirements of the Standard. Additionally, the Standard allows for the use of alternative standards, such as the United Nations Economic Commission for Europe Regulation No. 83, provided that specific limit values and device functionality requirements are met. Under this Act, manufacturers and importers of light vehicles are required to ensure that their vehicles comply with the emission standards prescribed by the Standard. This involves adhering to the technical specifications and tests outlined in Appendix A, as well as ensuring that any emission control devices meet the required durability standards. The Act also mandates that vehicles be manufactured in a manner that ensures ongoing compliance with the Standard throughout their operational life. Furthermore, the Standard sets out procedures for the verification of conformity of production and for the conduct of in-service conformity checks to ensure that vehicles remain compliant after they have been placed on the market. Failure to comply with the requirements of this Standard can result in significant legal consequences. The Act does not explicitly outline specific offences or penalties for non-compliance within its text, but non-compliance could potentially lead to actions under other related legislation, such as the Motor Vehicle Standards Act 1989. Under this Act, penalties for non-compliance can include fines and, in severe cases, imprisonment. The exact penalties would depend on the specific circumstances of the non-compliance and the provisions of the broader regulatory framework governing motor vehicle standards in Australia.

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