Legal Research
Legislations
Vehicle Standard (Australian Design Rule 80/00 – Emission Control for Heavy Vehicles) 2005

Vehicle Standard (Australian Design Rule 80/00 – Emission Control for Heavy Vehicles) 2005

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

Legislation au F2005L03375 In force Legislative Instrument

Select Document

MOTOR VEHICLE STANDARDS ACT 1989

Vehicle Standard (Australian Design Rule 80/00 — Emission Control for Heavy Vehicles) 2005

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 Local Government, Territories and Roads

October 2005

1. Legislative Context for ADR80/00

Vehicle Standard (Australian Design Rule 80/00 — Emission Control for Heavy Vehicles) 2005 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".

Australian Design Rule (ADR) 80/00 was originally determined in Road Vehicle (National Standards) Determination No. 2 of 1999 and has been amended in subsequent determinations. ADR80/00 is being remade to comply with the requirements of the Legislative Instruments Act 2003 and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments. The remaking of ADR 80/00 has not altered the substance of the standard as last determined.

2. Content and Effect of ADR 80/00

ADR 80/00 prescribes the emission limits for heavy vehicles, and the standard test methods for measuring those emissions. ADR 80/00 will significantly lower emission levels of air pollutants from new heavy vehicles and will bring Australian standards in closer alignment with international standards set by the United Nations, known as the Euro 3 emission standards.

ADR 80/00 adopts as its principal standard the Euro 3 requirements of European Commission Directive 1999/96/EC[1]. The full text of this Directive is included as Appendix A to ADR80/00. ADR 80/00 also permits compliance with the equivalent UN ECE Regulation 49/03[2]. ADR 80/00 also accepts engines certified to the US 1998 standards (CFR 86.098-11), subject to the requirements of Appendix B to ADR80/00[3]. Vehicles fuelled by compressed natural gas are also permitted to comply with certain Japanese standards[4]. The details of these requirements are specified in Appendix C to ADR 80/00.

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 Federal 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. 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), National Environment Protection Council Committee (NEPC Committee), Environment Protection and Heritage Council (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. NEPC consists of Commonwealth and State/Territory Ministers with responsibility for environment issues.

Editorial changes and changes to correct errors are settled by agreement between the Department of Transport and Regional Services and the NTC. This process is only invoked where the amendments do not vary the intent of the national standard.

New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers. Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services. Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation.

3.2 Specific Arrangements for this Standard

In the case of ADR 80/00, Ministers of the Australian Transport Council voted to approve the standard in 1999. The Ministers of the National Environment Protection Council also endorsed the standard. Full details of the consultation undertaken for ADR 80/00 are contained in the regulation impact statement (RIS) at Attachment A to this Explanatory Statement. This RIS was tabled with the original determination following its gazettal in late 1999.

No formal consultation was undertaken for the 2005 remaking of ADR 80/00, as the requirements of the remade standard have not materially changed since its last gazetted amendment. The Office of Regulation Review has advised the Department of Transport and Regional Services that a RIS is not required for the remaking of a standard simply for the purposes of registration on the Federal Register of Legislative Instruments.

[1] European Commission Directives, including 1999/96/EC and other EC Directives cross referenced in 1999/96/EC, are available at : http://europa.eu.int/eur-lex/en/search/search_lif.html. ISO documents cross referenced in 1999/96/EC are available at http://www.standards.com.au/catalogue/script/search.asp

[2] ECE Regulation 49 is available at : http://www.unece.org/trans/main/wp29/wp29regs.html.

[3] CFR 86.098-11 is available at: http://ecfrback.access.gpo.gov/otcgi/cfr/otfilter.cgi?DB=3&query=40000000086&region=BIBSRT&action=view&SUBSET=SUBSET&FROM=1&SIZE=10&ITEM=1#TOP

[4] Japanese Automotive Standards are available at: http://www.jasic.org/e/index_e.htm

Overview

The Motor Vehicle Standards Act 1989, enacted by the Parliament of Australia, was designed to establish nationally uniform standards for road vehicles in Australia, applicable to both domestically manufactured and imported vehicles. The policy objective of the Act is to ensure that road vehicles meet specific standards that safeguard public safety and protect the environment. One of the standards established under this Act is the Vehicle Standard (Australian Design Rule 80/00 — Emission Control for Heavy Vehicles) 2005. This standard was introduced to address the problem of high emission levels from heavy vehicles, aiming to reduce air pollutants and align Australian standards with international benchmarks. The remaking of Australian Design Rule (ADR) 80/00 was conducted to comply with the Legislative Instruments Act 2003 and to facilitate its registration on the Federal Register of Legislative Instruments. Despite the remaking, the substance of the standard remained unchanged from its last determination.

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 the authority of this Act, the Minister for Local Government, Territories and Roads has determined vehicle standards, including Australian Design Rule (ADR) 80/00, which sets emission limits for heavy vehicles. The Act's jurisdiction extends across the entire Commonwealth, ensuring uniform standards for road vehicles throughout Australia. ADR 80/00, which has been remade to comply with the Legislative Instruments Act 2003, aligns Australian emission standards with international standards, particularly the Euro 3 emission standards set by the United Nations. The standard permits compliance with equivalent UN ECE Regulation 49/03 and also accepts engines certified to the US 1998 standards, as well as certain Japanese standards for vehicles fuelled by compressed natural gas. The consultation process for the determination and amendment of these standards involves various stakeholders, including Federal and State/Territory governments, industry groups, and consumer organisations, with significant changes subject to approval by the Australian Transport Council. The 2005 remaking of ADR 80/00 did not necessitate further consultation as it did not materially alter the existing standard.

Key Provisions

The Motor Vehicle Standards Act 1989 (the Act) allows the Australian Government to establish uniform standards for road vehicles, including heavy vehicles, when they are first supplied to the market in Australia (section 7). The Vehicle Standard (Australian Design Rule 80/00 – Emission Control for Heavy Vehicles) 2005 (ADR 80/00) prescribes emission limits for heavy vehicles and the standard test methods for measuring those emissions (section 2). ADR 80/00 is aligned with the Euro 3 emission standards set by the United Nations, and permits compliance with equivalent UN ECE Regulation 49/03, US 1998 standards, and certain Japanese standards, as detailed in the appendices of ADR 80/00. The Act imposes obligations on vehicle manufacturers to comply with ADR 80/00, ensuring that new heavy vehicles supplied in Australia meet the specified emission limits. This includes adhering to the standard test methods for measuring emissions as outlined in ADR 80/00. Manufacturers must also ensure that their vehicles comply with the Euro 3 emission standards or the equivalent standards permitted under ADR 80/00. Under the Motor Vehicle Standards Act 1989, breaches of ADR 80/00 may result in civil or criminal penalties. While specific penalties are not detailed in the explanatory statement, the Act provides for potential enforcement actions against entities that fail to comply with the prescribed standards. Penalties for non-compliance can include fines and other regulatory measures, as stipulated by the Act and relevant regulations. The extent of these penalties may depend on the nature and severity of the breach, and can be enforced by relevant authorities.

Area of Law: Environmental Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Enforcement Powers

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content