Vehicle Standard (Australian Design Rule 80/03 - Emission Control for Heavy Vehicles) 2006 Amendment 2

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

Legislation au F2013L00034 Not in force Legislative Instrument

Legislation content

 

 

Vehicle Standard (Australian Design Rule 80/03 –Emission Control for Heavy Vehicles) 2006 Amendment 2

 

 

 

Made under section 7 of the Motor Vehicle Standards Act 1989

 

 

 

 

 

 

Explanatory Statement

 

 

 

 

 

 

 

 

 

 

Issued by the authority of the Minister for Infrastructure and Transport

 

 

 

 

 

 

 

 

December 2012

 

 

CONTENTS

1. legislative context...............................................3

2. content and effect of ADR 80/03 and THE amendment..................3

2.1. Overview of the ADR............................................3

2.2. Effect of the ADR Amendment.....................................3

3. best practice regulation...........................................4

3.1. Business Cost Calculator..........................................4

3.2. General Consultation Arrangements.................................4

3.3. Specific Consultation Arrangements for this Vehicle Standard............4

3.4. Regulation Impact Statement.......................................4

4. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS..........5

4.1. Overview of the Legislative Instrument...............................5

4.2. Human Rights Implications........................................5

4.3. Conclusion.....................................................5

 

 

 

 

 

 

 

 

 

 

 


1.                       legislative context

Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 Amendment 2 is made under the Motor Vehicle Standards Act 1989 (the Act).  The Act enables the Australian Government to establish national standards for new 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 imported.

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".

Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 (ADR 80/03) was originally determined in 2006.  

2.                       content and effect of ADR 80/03 and THE amendment

2.1.                 Overview of the ADR

ADR 80/03 specifies emission limits for new heavy duty vehicles and the standard test methods for measuring those emissions for vehicles produced on or after 1 January 2011.  Its technical content is based on the Euro V emission standards, but also accepts the US EPA 2007 and Japanese New Long Term emission standards as equivalent alternative standards.

2.2.                 Effect of the ADR Amendment

Since ADR 80/03 was determined, more stringent emission standards have been implemented in the European Union, United States and Japan.  The amendment removes technical barriers that would prevent engines that meet the latest European (Euro VI), US (EPA 2010) and Japanese (Post New Long Term) emission standards from being installed in heavy vehicles in Australia.

This amendment achieves this through the following changes:

-                      Recognising Euro VI (as applied under EC Regulations 595/2009 and 582/2011) and UN Regulation 49/05 (the UN version of Euro V) as alternative standards;

-                      Allowing extensions of approvals from ADR 79/03 and ADR 79/04 to eligible variants (over 3.5 tonnes) of light vehicles (under 3.5 tonnes) certified to these standards;

-                      Allowing engines complying with the US EPA standards to use a reagent (such as AdBlue) to meet emission requirements, if the engine is equipped with an on-board diagnostic system with an inducement strategy (which forces drivers to take corrective action to maintain emission controls by derating engine power) approved by the US EPA for the 2012 or later model years; and

-                      Allowing engines complying with Japanese standards to use an on-board dignostic system that complies with the latest Japanese technical guideline for engines using a reagent to control emissions.

These changes do not increase the stringency of the ADR, as the minimum standard accepted in ADR 80/03 has not changed.


3.                       best practice regulation

3.1.                 Business Cost Calculator

There is no expected increase in cost to manufacturers, as the proposed amendment does not increase the stringency of the ADR.  On the contrary, the amendment will allow manufacturers to supply engines meeting later standards without the need for retesting or modification.

3.2.                 General Consultation Arrangements

It has been longstanding practice to consult widely on proposed new or amended vehicle standards.  For many years there has been active cooperation between the Australian, state and 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, depends on the degree of impact the new or amended standard is expected to have on industry or road users.

Editorial changes and changes to correct errors are processed by the Department of Infrastructure and Transport.  This approach is only used where the amendments do not vary the intent of the vehicle standard.

Proposals that are regarded as significant need to be supported by a Regulation Impact Statement (RIS) meeting the requirements of the Office of Best Practice Regulation as published in 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.

3.3.                 Specific Consultation Arrangements for this Vehicle Standard

This amendment was prepared in consultation with truck and bus industry stakeholders.

3.4.                 Regulation Impact Statement

As the proposed amendment is machinery in nature and does not increase the stringency of the ADR, a RIS is not required.  The Office of Best Practice Regulation requirements have been met for this regulatory proposal (OBPR Reference No. 2012/14467).


4.                       STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

The following Statement is prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

4.1.                 Overview of the Legislative Instrument

Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 Amendment 2 removes technical barriers that would prevent engines meeting the latest European (Euro VI), US (EPA 2010) or Japanese (Post New Long Term) emission standards from being installed in heavy vehicles in Australia, by recognising the latest technical requirements of these standards as equivalent alternative standards under ADR 80/03.

4.2.                 Human Rights Implications

This amendment does not engage any of the applicable rights and freedoms.

4.3.                 Conclusion

The amendment to ADR 80/03 is compatible with human rights as it does not raise any human rights issues.

Overview

The Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 Amendment 2 was enacted in 2012 under the Motor Vehicle Standards Act 1989. This legislation was introduced to address the need to update Australia's emission control standards for heavy vehicles to align with more stringent international standards implemented by the European Union, United States, and Japan. The amendment was made to facilitate the installation of engines meeting these international emission standards in Australian heavy vehicles, thereby avoiding technical barriers that would otherwise prevent compliance with these standards. The amendment recognises the latest European (Euro VI), US (EPA 2010), and Japanese (Post New Long Term) emission standards as equivalent alternative standards under ADR 80/03. The enactment of this amendment was overseen by the Minister for Infrastructure and Transport, and its policy objective is to ensure that Australian heavy vehicles can meet the latest international emission standards without additional costs or modifications to the vehicles themselves.

Scope and Application

The Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 Amendment 2, made under section 7 of the Motor Vehicle Standards Act 1989, applies to new heavy-duty vehicles and their components supplied to the market in Australia, regardless of whether they are manufactured domestically or imported. The Act sets out the framework for establishing national standards for new road vehicles, including the specification of emission limits and test methods. The amendment to ADR 80/03, which originally specified emission limits based on Euro V standards, extends recognition to Euro VI, US EPA 2010, and Japanese Post New Long Term standards, thereby facilitating the installation of engines meeting these stringent emission standards in Australian heavy vehicles. The amendment recognises alternative standards without increasing the stringency of the ADR, aiming to remove technical barriers and enhance interoperability with international standards. No additional costs are expected for manufacturers, as the amendment allows them to supply engines compliant with the latest standards without requiring retesting or modification. The amendment was developed through consultations with industry stakeholders, and a Regulation Impact Statement was not deemed necessary as the amendment does not alter the intent of the vehicle standard and does not increase its stringency.

Key Provisions

The Vehicle Standard (Australian Design Rule 80/03 – Emission Control for Heavy Vehicles) 2006 Amendment 2, made under the Motor Vehicle Standards Act 1989 (section 7), updates the emission control standards for new heavy duty vehicles, ensuring they align with international standards. This amendment recognises the latest European (Euro VI), United States (EPA 2010), and Japanese (Post New Long Term) emission standards as equivalent alternatives to the original Euro V standards, thus removing technical barriers to the installation of engines meeting these stringent standards in Australia. These changes are outlined in sections 2.1 and 2.2 of the explanatory statement. The Act imposes specific obligations on the parties and entities it governs, ensuring that any new heavy duty vehicles sold in Australia meet the stipulated emission standards. Manufacturers must ensure that engines installed in these vehicles comply with the recognised standards. The amendment provides flexibility by allowing extensions of approvals from ADR 79/03 and ADR 79/04 to eligible variants of light vehicles certified under these international standards, as detailed in section 2.2 of the amendment. There are no specific offences, penalties, or civil/criminal consequences outlined for breach of this amendment. However, the overarching Motor Vehicle Standards Act 1989 does provide for enforcement mechanisms, including fines and potential court actions for non-compliance with vehicle standards. The absence of penalties specific to this amendment suggests that compliance with the recognised international standards is sufficient for meeting Australian requirements, as indicated in section 3.1 of the explanatory statement. The amendment was developed through extensive consultation with industry stakeholders, as detailed in section 3.3 of the document. A Regulation Impact Statement was not required for this amendment as it does not increase the stringency of the ADR. The Office of Best Practice Regulation confirmed that the requirements were met for this regulatory proposal (OBPR Reference No. 2012/14467). The compatibility with human rights is also assured, as the amendment does not engage any of the applicable rights and freedoms, as stated in section 4.3 of the explanatory statement.

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