MOTOR VEHICLE STANDARDS ACT 1989
Vehicle Standard (Australian Design Rule 80/03 —
Emission Control for Heavy Vehicles) 2006 Amendment 1
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
December 2010
1. Legislative Context for ADR 80/03
Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 Amendment 1 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 80/03 Amendment 1
Australian Design Rule (ADR) 80/03 prescribes the exhaust emissions requirements for engines used in heavy vehicles. Schedule 1 of Amendment 1 amends ADR80/03 to enable truck manufacturers and importers who choose the Japanese standards route to satisfy the on board diagnostics (OBD) elements of the ADR by meeting the requirements specified in the Japanese 05 OBD Standard (JE05 OBD). Allowing JE05 OBD “as written”, will allow the Japanese emission standard (Japan 05) to be used without modification.
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 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.
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
The amendments outlined in section 2 of this explanatory statement represent minor changes which do 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. 2010/11927).
Overview
The Motor Vehicle Standards Act 1989, enacted by the Australian Parliament, serves to establish nationally uniform standards for road vehicles supplied in Australia, whether manufactured domestically or imported. This legislation empowers the Minister to determine vehicle standards for road vehicles or vehicle components. In line with this mandate, the Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 Amendment 1 was introduced to address the need for updated emission control standards for heavy vehicles. This amendment specifically allows for the adoption of the Japanese 05 On-Board Diagnostics (OBD) Standard (JE05 OBD) for heavy vehicle emissions, enabling truck manufacturers and importers to meet the emission requirements by adhering to Japanese standards without modification. This legislative update was designed to maintain consistency with international regulations while ensuring that heavy vehicles sold in Australia meet stringent emission standards.
Scope and Application
The Motor Vehicle Standards Act 1989 applies to all road vehicles, whether manufactured in Australia or imported as new or second-hand vehicles, and sets nationally uniform standards for vehicles when they are first supplied to the market. Under the Act, the Minister for Infrastructure and Transport is empowered to determine vehicle standards for road vehicles or vehicle components, ensuring a cohesive regulatory framework across the country. The Act’s jurisdictional reach is national, governing the standards applicable to all states and territories in Australia. This regulatory framework is further specified through Australian Design Rules (ADRs), with ADR 80/03 focusing on emission control for heavy vehicles. Amendment 1 to ADR 80/03, made in 2006, allows manufacturers and importers to comply with the onboard diagnostics requirements by meeting the Japanese 05 OBD Standard (JE05 OBD) as written, facilitating the use of the Japanese emission standard without modification. This amendment reflects a minor change to the existing ADR, maintaining the overall stringency and intent of the regulation while providing flexibility for compliance with international standards.
Key Provisions
The Motor Vehicle Standards Act 1989 (section 7) empowers the Minister to establish vehicle standards, which is the legislative context for the Australian Design Rule (ADR) 80/03 Amendment 1 (section 2). This amendment allows truck manufacturers and importers to comply with the on-board diagnostics (OBD) elements of the ADR by meeting the requirements specified in the Japanese 05 OBD Standard (JE05 OBD) if they choose the Japanese standards route. This effectively means that the Japanese emission standard (Japan 05) can be used without modification for compliance purposes (section 2). The amendment is a minor change that does not alter the intent or stringency of the existing ADR, and it has been confirmed that a Regulation Impact Statement is not required (section 3.2).
The Act imposes obligations on truck manufacturers and importers to comply with the vehicle standards set out in ADR 80/03. Specifically, if they opt for the Japanese standards route, they must meet the requirements of the JE05 OBD to satisfy the OBD elements of the ADR. This requirement ensures that the exhaust emissions from heavy vehicles are controlled and meet the prescribed standards, which is critical for environmental protection and public health. The Act also mandates that these standards apply to vehicles whether they are manufactured in Australia or imported, ensuring a consistent regulatory environment across the board.
Breaches of the provisions set out in the Motor Vehicle Standards Act 1989 can lead to significant civil or criminal consequences. While the specific offences and penalties are not detailed in the explanatory statement, it is known that non-compliance with vehicle standards can result in fines, penalties, and even prosecution under the Act. The maximum penalties can be substantial, reflecting the seriousness of ensuring that vehicles on Australian roads meet the necessary safety and emission standards. Given the environmental and public health implications, the enforcement of these standards is crucial to maintaining the integrity of the regulatory framework.