Vehicle Standard (Australian Design Rule 13/0083/00 – Installation of Lighting and Light-Signalling Devices for other than L-Group VehiclesEmission Control for Heavy vehicles) 20052005 Amendment 1
Made under section 7 of the Motor Vehicle Standards Act 1989
Explanatory Statement
Issued by the authority of the Minister for Infrastructure, Transport, Regional Development and Local Government
June 2007February 2008
CONTENTS
1. legislative context................................................
2. content and effect of ADR 83/00 and its amendment
2.1. Overview of the ADR.............................................
2.2. Changes to the ADR..............................................
3. REGULATION IMPACT STATEMENT..............................
- legislative context
Vehicle Standard (Australian Design Rule 83/00 — External Noise) 2005 Amendment 1 was 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 80/02 and its amendment
2.1. Overview of the ADR
Australian Design Rule (ADR) 83/00 – External Noise - prescribes the external noise limits for light and heavy duty vehicles, motorcycles and mopeds; it also prescribes the procedures for the measurement of noise from these vehicles. ADR83/00 is based on UN Economic Commission for Europe (ECE) Regulation 51/02 emissions standards, and Ministers of the Australian Transport Council voted unanimously to approve the standard in February 2003. It was gazetted on 14 March 2003.
In August 2004 the then Government agreed to defer the noise standards for heavy vehicles in ADR83/00 by 12 months to give industry more time to prepare for these standards and the exhaust emission standards for heavy vehicles (ADR80/02) which were taking effect at the same time. In April 2005, Ministers of the Australian Transport Council (ATC) and the Environment Protection and Heritage Council (EPHC) endorsed a revised implementation date of 1 January 2008 for the noise and exhaust emission standards of for all heavy vehicles.
2.2. Changes to the ADR
In December 2008, the Minister for Infrastructure, Transport, Regional Development and Local Government agreed to amend the 1 January 2008 implementation date for ADR80/02 until 29 February 2008. This was in response to a request from the bus and truck industry for additional time to build and supply the last of their stock of vehicle models meeting the earlier emission standard.
In January 2008, the bus industry and some truck manufacturers subsequently sought a matching deferral for ADR83/00 – which was also to take effect from 1 January 2008. The manufacturers contend that many of the vehicles covered by the earlier ADR80/02 deferral are not capable of meeting the new noise standard (ADR83/00), and even if they could meet the new standard, manufacturers could not develop, test, certify and deploy noise reduction packages by the 29 February deadline. The vehicles do comply with the earlier noise standard.
Considering the likely economic impact on bus and truck manufacturers, this amendment to ADR83/00 provides a matching extension of the implementation date until 29 February 2008.
3. REGULATION IMPACT STATEMENT
A Regulation Impact Statement was not prepared since this amendment is a relaxation of the original arrangements.
Overview
The Vehicle Standard (Australian Design Rule 13/0083/00 – Installation of Lighting and Light-Signalling Devices for Other Than L-Group Vehicles Emission Control for Heavy Vehicles) 2005 Amendment 1 was enacted in 2008 under section 7 of the Motor Vehicle Standards Act 1989. This legislation, issued by the Minister for Infrastructure, Transport, Regional Development and Local Government, seeks to establish nationally uniform standards for road vehicles supplied in Australia, regardless of whether they are manufactured domestically or imported. The amendment addresses the need to adjust implementation timelines for certain noise and emission standards for heavy vehicles to alleviate economic pressure on the industry. The Act empowers the Minister to determine vehicle standards, and this specific amendment responds to industry requests for more time to comply with the new standards, ensuring a smoother transition without compromising safety and regulatory objectives.
Scope and Application
The Vehicle Standard (Australian Design Rule 83/00 – Installation of Lighting and Light-Signalling Devices for Other than L-Group Vehicles Emission Control for Heavy Vehicles) 2005 Amendment 1 is made under the Motor Vehicle Standards Act 1989 and applies to road vehicles supplied in Australia, whether manufactured domestically or imported as new or second-hand vehicles. This Act enables the Australian Government to establish nationally uniform standards for such vehicles. The Act applies to the installation of lighting and light-signalling devices for heavy vehicles, and it is designed to ensure that these vehicles meet specific design and performance criteria to ensure safety and compliance with national standards. The amendment to this rule, specifically, defers the implementation date for compliance with the noise and emission standards for heavy vehicles, providing additional time for the industry to adjust to the new requirements. The legislation provides flexibility through subordinate instruments to further tailor the application of these standards as needed.
Key Provisions
The Vehicle Standard (Australian Design Rule 13/0083/00 – Installation of Lighting and Light-Signalling Devices for other than L-Group Vehicles Emission Control for Heavy vehicles) 2005 Amendment 1, made under section 7 of the Motor Vehicle Standards Act 1989, outlines the key requirements and standards for the installation of lighting and light-signalling devices for non-L-group vehicles and emission controls for heavy vehicles. The main sections of this regulation pertain to the technical specifications and performance criteria for these devices and controls (sections 3 and 4). The regulation sets out the mandatory standards that must be met by these components to ensure safety and compliance with national vehicle standards.
The Act imposes several obligations on the parties it governs. Manufacturers and importers must ensure that their vehicles and components meet the specified standards as outlined in the ADR. This includes adhering to the technical requirements for lighting and light-signalling devices, as well as meeting the emission control standards for heavy vehicles. Vehicle owners and operators are also subject to these regulations, as they must ensure that their vehicles comply with the prescribed standards. Non-compliance with these requirements can result in various legal and regulatory consequences.
Breach of the provisions set out in this regulation can lead to several penalties and consequences. Under the Motor Vehicle Standards Act 1989, any person who contravenes the standards may face criminal or civil penalties. For criminal offences, the maximum penalties can include substantial fines and, in some cases, imprisonment. For civil offences, penalties may include fines and other civil remedies. Additionally, non-compliance can result in vehicle recalls, which can be costly for manufacturers and importers. It is essential for all parties involved to adhere to these standards to avoid any legal repercussions.