Vehicle Standard (Australian Design Rule 83/00 - External Noise) 2005 Amendment 2

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

Legislation au F2009L04340 Not in force Legislative Instrument

Legislation content

 

 

 

 

MOTOR VEHICLE STANDARDS ACT 1989

 

Vehicle Standard (Australian Design Rule 83/00 —
External Noise) 2005 Amendment 2

 

 

 

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,
Transport, Regional Development and Local Government

 

October 2009


1. Legislative Context for ADR 83/00

Vehicle Standard (Australian Design Rule 83/00 – External Noise) 2005 Amendment 2 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 83/00 Amendment 2

ADR83/00 defines limits on external noise generated by motor vehicles, motor cycles and mopeds in order to limit the contribution of motor traffic to community noise.

Schedule 1 of Amendment 2 amends ADR83/00 to enable manufacturers who are seeking approval under the alternative standards provisions to utilise an ECE Approval granted in accordance with the Supplement 3 and later versions of UN ECE Regulation 51/02.

 

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. 

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.  NEPC has since been renamed the Environment Protection and Heritage Council (EPHC).  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), the 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.  EPHC consists of Commonwealth and State/Territory Ministers with responsibility for environment issues.

New standards, or significant changes that increase the stringency of existing standards, are subject to consideration by ATC Ministers.  Unless disapproved by a majority of ATC Ministers, the Minister for Infrastructure, Transport, Regional Development and Local Government can then determine the new or amended standards.  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

This is a minor administrative change requested by the Federal Chamber of Automotive Industries which will not change the intent or stringency of the vehicle standard.  The TELG was consulted on this amendment.  The Office of Best Practice Regulation has confirmed that a Regulation Impact Statement is not required (OBPR ref no. 10759).

 

Overview

The Motor Vehicle Standards Act 1989 was enacted to provide a framework for establishing nationally uniform standards for road vehicles supplied to the Australian market. This legislation empowers the Australian Government to determine standards for vehicles and their components, irrespective of whether they are manufactured domestically or imported. The policy objective of the Act is to ensure that vehicles meet specific standards that contribute to road safety, environmental protection, and consumer protection. The Vehicle Standard (Australian Design Rule 83/00 – External Noise) 2005 Amendment 2, made under the Act, further refines the regulatory framework by amending Australian Design Rule 83/00 to define limits on external noise generated by motor vehicles, motorcycles, and mopeds. This amendment facilitates the use of ECE Approvals granted under the UN ECE Regulation 51/02, aligning Australian standards with international practices. The amendment was developed through extensive consultation with relevant stakeholders, including industry representatives, transport and environment agencies, and consumer groups, ensuring a balanced approach to noise regulation that considers both industry and community interests.

Scope and Application

The Motor Vehicle Standards Act 1989 applies to road vehicles supplied to the Australian market, regardless of whether they are manufactured domestically or imported as new or second-hand vehicles. This legislation empowers the Minister to establish uniform standards for such vehicles. Under the Act, the Australian Design Rule 83/00—External Noise 2005 Amendment 2 was enacted, which amends the noise limits for motor vehicles, motorcycles, and mopeds to reduce the noise contribution from motor traffic in communities. This amendment allows manufacturers to use an ECE Approval granted under UN ECE Regulation 51/02 for alternative standards. The consultation process for such amendments typically involves extensive discussions with various stakeholders, including transport and environment agencies, industry representatives, and consumer groups, facilitated through institutional arrangements such as the Land Transport Environment Committee and the Transport Emissions Liaison Group. This particular amendment, being minor and administrative, did not necessitate a Regulation Impact Statement and was primarily consulted with the Transport Emissions Liaison Group.

Key Provisions

The Motor Vehicle Standards Act 1989, under which the Australian Design Rule (ADR) 83/00 Vehicle Standard (External Noise) 2005 Amendment 2 is made, establishes nationally uniform standards for road vehicles. Section 7 of the Act empowers the Minister to determine vehicle standards, ensuring that all vehicles supplied in Australia, whether manufactured locally or imported, comply with these standards. ADR 83/00 Amendment 2 specifically sets limits on external noise generated by motor vehicles, motorcycles, and mopeds, aiming to reduce the impact of motor traffic on community noise. This amendment introduces a provision allowing manufacturers to use an ECE Approval granted under UN ECE Regulation 51/02 to seek approval for alternative standards. The obligations imposed by ADR 83/00 Amendment 2 primarily fall on vehicle manufacturers. They must ensure that their vehicles comply with the established noise limits. Manufacturers seeking approval under the alternative standards provisions can now use an ECE Approval, streamlining the process and potentially reducing the time and cost associated with compliance. This change also facilitates greater alignment with international standards, promoting consistency in vehicle noise regulations globally. The amendment ensures that the intent and stringency of the vehicle standard remain unchanged, maintaining the regulatory environment's effectiveness in controlling external noise from vehicles. Non-compliance with the standards set out in the Motor Vehicle Standards Act 1989 can result in various penalties and consequences. Under the Act, individuals and entities found in breach of the regulations may face civil or criminal penalties, depending on the nature and severity of the violation. For example, Section 43 of the Act outlines penalties for supplying non-compliant vehicles, which can include substantial fines. The specific maximum penalties are not detailed in the explanatory statement but can vary based on the circumstances of the offence, including repeat offences and the extent of the non-compliance. These measures are intended to enforce adherence to the standards and protect public health and environmental quality.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

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.