Vehicle Standard (Australian Design Rule 79/04 - Emission Control for Light Vehicles) 2011 Amendment 1

Overview

The Motor Vehicle Standards Act 1989 was enacted to address the need for nationally uniform standards for road vehicles supplied to the Australian market. The Act empowers the Australian Government to establish these standards, whether the vehicles are manufactured domestically or imported. Under the authority granted by the Act, the Minister for Infrastructure and Transport issued the Vehicle Standard (Australian Design Rule 79/04 — Emission Control for Light Vehicles) 2011 Amendment 1 to refine emission control standards for new light vehicles. This amendment was introduced in recognition of technical difficulties faced by manufacturers in achieving the specified emission standards for flex fuel ethanol vehicles during the Type VI (low temperature cold start) test on ethanol (E75). The amendment allows these vehicles to comply with hydrocarbon emission limits applicable to the heaviest category of light commercial vehicles. Additionally, it introduces an ethanol (E75) reference fuel specification for flex fuel ethanol vehicles, aligning with European standards. The legislative process involved extensive consultation with industry, state/territory governments, and consumer groups, ensuring the changes made are minor and do not alter the overall intent or stringency of the ADR.

Scope and Application

The Motor Vehicle Standards Act 1989, as amended by the Vehicle Standard (Australian Design Rule 79/04 — Emission Control for Light Vehicles) 2011 Amendment 1, pertains to the establishment and enforcement of nationally uniform standards for road vehicles supplied in Australia. This legislation applies to all new light vehicles, irrespective of whether they are manufactured domestically or imported into the country, whether as new or second-hand units. The Act grants the Minister for Infrastructure and Transport the authority to determine vehicle standards for road vehicles or vehicle components, which is exercised through the establishment of Australian Design Rules (ADRs). Specifically, ADR 79/04 sets forth future emission limits for new light vehicles and outlines the standard test methods for measuring these emissions, aligning with the technical requirements of UN Regulation 83/06 (Euro 5) for vehicles produced from 1 November 2016. The Amendment 1 to ADR 79/04 introduces modifications to cater to flex fuel ethanol vehicles, permitting them to meet hydrocarbon emission limits similar to those of the heaviest category of light commercial vehicles during the Type VI (low temperature cold start) test when using ethanol (E75). This adjustment is intended to address the technical challenges faced by manufacturers in meeting the existing requirements of the Type VI test on ethanol. The legislative framework ensures that the standards are applicable across the Commonwealth, reflecting a collaborative approach involving federal, state, and territory governments, as well as industry and consumer groups.

Key Provisions

The Vehicle Standard (Australian Design Rule 79/04 — Emission Control for Light Vehicles) 2011 Amendment 1 (ADR 79/04 Amendment 1) is a legislative instrument made under the Motor Vehicle Standards Act 1989 (the Act). It prescribes emission limits and test methods for new light vehicles produced on or after 1 November 2016, based on UN Regulation 83/06 (Euro 5). Section 2 of the amendment allows flex fuel ethanol vehicles to meet less stringent hydrocarbon emission limits for the Type VI (low temperature cold start) test on ethanol (E75), recognising technical difficulties manufacturers face. It also specifies an ethanol (E75) reference fuel for these vehicles, based on European Regulation 566/2011. The Act, under which this amendment is made, empowers the Minister to determine vehicle standards (section 7). These standards are intended to ensure that vehicles supplied to the Australian market meet nationally uniform requirements. The Act applies to both domestically manufactured and imported vehicles. ADR 79/04, as amended, specifies the emission limits and test methods that vehicles must adhere to, ensuring that they meet certain environmental standards. The amendment imposes obligations on vehicle manufacturers to comply with the specified emission limits and test methods. Manufacturers must ensure that new light vehicles produced after 1 November 2016 meet the emission standards set out in ADR 79/04. For flex fuel ethanol vehicles, they must also comply with the specified hydrocarbon emission limits when performing the Type VI test on ethanol (E75), using the specified ethanol (E75) reference fuel. Failure to comply with these standards can result in vehicles not being approved for sale or registration in Australia. Breaches of the vehicle standards specified in ADR 79/04 Amendment 1 may have legal consequences. Under the Motor Vehicle Standards Act 1989, non-compliance can lead to penalties. Specifically, section 34 of the Act provides for fines and imprisonment for offences related to the supply of non-compliant vehicles. The maximum penalty for supplying a vehicle that does not comply with the standards can be substantial, reflecting the importance of adhering to these regulations to protect public health and the environment.