Vehicle Standard (Australian Design Rule) Amendment Instrument No.2 of 2025

Vehicle Standard (Australian Design Rule) Amendment Instrument No.2 of 2025

Made under section 12 of the Road Vehicle Standards Act 2018

Explanatory Statement

Approved by the Hon Catherine King MP, Minister for Infrastructure, Transport, Regional Development and Local Government

November 2025

CONTENTS

1. Legislative Authority

2. Purpose and Operation

3. Matters Incorporated by Reference

4. Consultation

5. Regulatory Impact

6. Statement of Compatibility with Human Rights

1.                        Legislative Authority
   1.                  National Road Vehicle Standards

The Vehicle Standard (Australian Design Rule) Amendment Instrument No.2 of 2025 (“the Amending Instrument”) is made under the Road Vehicle Standards Act 2018 (RVSA).

The RVSA enables the Australian Government to establish nationally uniform standards that apply to road vehicles or road vehicle components when they are provided to the market in Australia for the first time. The RVSA applies to vehicles or components whether they are manufactured in Australia or imported.

The making of the national road vehicle standards, necessary for the RVSA’s effective operation, is provided for in section 12, which empowers the Minister to “determine standards for road vehicles or road vehicle components”. These standards are also referred to as the Australian Design Rules (ADRs).

Subsection 33(3) of the Acts Interpretation Act 1901 provides, in part, that the power to amend instruments is conferred by the same power to make the instrument.

1.                  Exemption from Sunsetting

The ADRs are exempt from the sunsetting provisions of the Legislation Act 2003.

Source of the Exemption

A standard made under section 12 of the RVSA is not subject to the sunsetting provisions of section 50 of the Legislation Act 2003 through section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015 (table item 56C). A similar exemption was previously granted in respect of national road vehicle standards made under section 7 of the Motor Vehicle Standards Act 1989 (MVSA) (item 40, section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015). This exemption is important to ensure that ADRs continue to remain in force and available to regulators, industry and the public.

Intergovernmental Dependencies

The exemption concerns ADRs which facilitate the establishment and operation of the intergovernmental vehicle standard regime that Commonwealth, state and territory governments rely on to regulate the safety of vehicles on public roads.

The Commonwealth uses the ADRs as the basis on which approvals to supply types of road vehicles to the market are granted under the Road Vehicle Standards Rules 2019. States and territories and the National Heavy Vehicle Regulator use the ADRs as the primary criteria on which vehicles are assessed for road worthiness. This ‘in-service’ aspect is dependent on the date of manufacture, which determines the applicable version of the ADRs against which the vehicle can be assessed. The ability to rely on national standards is particularly relevant given the long service life of vehicles – the average age of vehicles in Australia is over 10 years.

While the ADRs are updated regularly to reflect changes in technology, it is not possible to apply these new standards retrospectively to vehicles that are already in use. With prior version ADRs kept on the Federal Register of Legislation, state and territory governments can use them to ensure vehicles continue to comply with the ADRs that were in force when they were first supplied to the market.

If the Commonwealth could not justify the maintenance of the ADRs, state and territory governments would be compelled to create their own vehicle standards. Whilst this could mean adopting the substance of the lapsed ADRs as an interim measure, the differing needs and agendas of each state and territory government may result in variations to in-service regulations. Having different vehicle standards across the states and territories would make the scheme operate contrary to the underlying policy intent of the RVSA which is to set nationally consistent performance-based standards.

Commercial Dependencies

The effect on vehicle manufacturers to redesign existing models to comply with new ADRs would present a burden and be a costly and onerous exercise. Manufacturers should not be expected to continually go back to redesign existing vehicles. Furthermore, ongoing product recalls to comply with new ADRs would undermine consumer confidence with significant financial impact to manufacturers. This exemption allows vehicle manufacturers to focus their efforts to ensure new models supplied to the market continue to comply.

Reviews of Australian Design Rules

ADRs are subject to regular reviews, as resources permit, and when developments in vehicle technology necessitates updates to requirements. Reviews of the ADRs ensure the ongoing effectiveness of a nationally consistent system of technical regulations for vehicle design, which are closely aligned, wherever appropriate with leading international standards such as United Nations (UN) regulations. This method facilitates the rapid introduction of the latest safety devices and technological advances into the Australian market, while also contributing to the industry’s cost competitiveness in the domestic market. Where a review results in a new or amended ADR, these changes are subject to full parliamentary scrutiny.

1.                        Purpose and Operation
   1.                  Overview of the Regulatory Framework

The RVSA establishes a framework to regulate the importation and first provision of road vehicles to the market in Australia. The core principle of this framework is that vehicles that comply with appropriate standards are suitable for provision to the market in Australia. The ADRs have set out those standards since the early 1970s. At that time, they were applied cooperatively by the Australian Motor Vehicle Certification Board representing the Commonwealth and state and territory governments. In 1989, this arrangement was replaced by the MVSA and the Australian Design Rules were determined as national standards. The RVSA commenced in full and replaced the MVSA on 1 July 2021. A two-year transition period was provided between 1 July 2021 and 30 June 2023.

Under the RVSA, the ADRs are national road vehicle standards intended to make vehicles safe to use, control the emission of gas, particles or noise, secure vehicles against theft, provide for the security marking of vehicles and promote the saving of energy. The ADRs are applied to vehicles as criteria for approval under various regulatory pathways set out in the Road Vehicle Standards legislation. Vehicles approved under these regulatory pathways can be provided to the market in Australia for use in transport.

1.                  Overview of the Amending Instrument

Schedule 1 of the Amending Instrument amends Australian Design Rule 81/02 – Fuel Consumption Labelling for Light Vehicles (ADR 81/02).

The purpose of ADR 81/02 is to specify requirements for providing information on a new car, sport utility vehicle (SUV) or light commercial vehicle (LCV)’s fuel consumption, carbon dioxide emissions, energy consumption and battery range. The purpose of this label is to help new car buyers compare the efficiency of different vehicle models in dealer showrooms.

The Amending Instrument adds a new clause 2.6 advising that vehicles that comply with the Australian Design Rule 81/03 – Energy Consumption Labelling for Light Vehicles (ADR 81/03) are not required to comply with this vehicle standard. This is because ADR 81/03 mandates a new label format with stricter testing requirements for measuring fuel consumption, carbon dioxide emissions, energy consumption and battery range than specified in ADR 81/02. All new cars, SUVs and LCVs supplied from 1 July 2028 will need to comply with ADR 81/03.

Schedule 2 of the Amending Instrument amends Australian Design Rule 30/01 – Smoke Emission Control for Diesel Vehicles (ADR 30/01).

The purpose of ADR 30/01 is to specify smoke emission requirements for diesel fuelled vehicles to reduce air pollution.

The Amending Instrument amends clause 2.5 of ADR 30/01 to clarify that ADR 30/01 is not applicable to vehicles that comply with Australian Design Rule 79/04 — Emission Control for Light Vehicles (ADR 79/04), Australian Design Rule 80/03 — Emission Control for Heavy Vehicles (ADR 80/03) or a later series of ADRs 79 or 80. This is because these vehicle standards set stricter requirements for emission control. A new series of ADR 79 (ADR 79/05) and ADR 80 (ADR 80/04) mandating even stricter emission control requirements has also been implemented since this clause was first adopted in 2021.

Schedule 3 of the Amending Instrument amends ADR 79/05. The purpose of ADR 79/05 is to reduce the burden of disease caused by air pollution by setting strict limits on exhaust emissions from new cars, SUVs and light commercial vehicles.

The Amending Instrument amends clause 7.4 of ADR 79/05 to also recognise the ‘Tier 4’ standards adopted in the United States in April 2024 as an equivalent alternative standard. It also clarifies the circumstances in which the Department administering this vehicle standard can require testing to investigate a possible defeat device as defined in the Tier 4 standards. The US Tier 4 standards set more stringent emission control requirements than the Tier 3 standards currently accepted in ADR 79/05.

The Amending Instrument amends adds a new clause 7.5 to recognise the ‘Euro 7’ standards adopted in by the European Union in September 2025 as an equivalent alternative standard. The Euro 7 standards set more stringent emission control requirements than the Euro 6d standards currently accepted in ADR 79/05.

Schedule 4 of the Amending Instrument amends ADR 80/04. The purpose of ADR 80/04 is to reduce the burden of disease caused by air pollution by setting strict limits on exhaust emissions from new trucks and buses.

The Amending Instrument amends clause 7.7 of ADR 80/04 to also recognise the ‘Tier 4’ standards for light duty vehicles adopted by the United States in April 2024 as an equivalent alternative standard. It also clarifies the circumstances in which the Department administering this vehicle standard can require testing to investigate a possible defeat device as defined in the Tier 4 standards. The US Tier 4 standards set more stringent emission control requirements than the Tier 3 standards currently accepted in ADR 80/04.

The Amending Instrument amends adds a new clause 7.11 to recognise the ‘Euro 6e’ and ‘Euro 7’ noxious emission standards for light vehicles adopted by the European Union in September 2025 as equivalent alternative standards in ADR 80/04 for heavy vehicles with a reference mass or gross vehicle mass within the scope of these standards. The Euro 6e and Euro 7 standards set more standards set more stringent emission control requirements than the Euro 6d standards currently accepted in clause 7.4 of ADR 80/04.

The Amending Instrument amends adds a new clause 7.12 to recognise the latest noxious emission standards for heavy duty vehicles adopted by the United States as an equivalent alternative standard. These standards set more stringent emission control requirements than the standards currently accepted in clause 7.6 of ADR 80/04.

1.                        Matters Incorporated by Reference
   1.                  Legislative Instruments

Schedule 1 of the Amending Instrument refers to Australian Design Rule 81/03 – Energy Consumption Labelling for Light Vehicles (ADR 81/03). This is the latest standard for providing information on a new car, sport utility vehicle (SUV) or light commercial vehicle (LCV)’s fuel consumption, carbon dioxide emissions, energy consumption and battery range.

Schedule 2 of the Amending Instrument refers to Australian Design Rule 79/04 — Emission Control for Light Vehicles (ADR 79/04) and Australian Design Rule 80/03 — Emission Control for Heavy Vehicles. These standards set minimum emission control requirements for light and heavy vehicles respectively.

The ADRs may be freely accessed online through the Federal Register of Legislation.  The website is www.legislation.gov.au.

In accordance with subsection 12 of the Act, each of these ADRs are incorporated as in force or existing from time to time.  The ellipses (…) indicates the version(s) (e.g. 00, 01 etc.) of the ADR in force at the time.

1.                  Other Documents

European Union (EU) Regulations

Schedules 3 and 4 of the Amending Instrument refer to

Commission Implementing Regulation (EU) the technical requirements of Commission Implementing Regulation (EU) 2025/1706 of 25 July 2025 laying down rules, procedures and testing methodologies for the application of Regulation (EU) 2024/1257 as regards exhaust and evaporative emission type-approval of vehicles of categories M1 and N1 and amending Implementing Regulation (EU) 2020/683, and Commission Implementing Regulation (EU) 2025/1707 of 25 July 2025 laying down rules for the application of Regulation (EU) 2024/1257 of the European Parliament and of the Council as regards specific methods, requirements and tests, including compliance thresholds, for OBFCM devices and OBM systems, characteristics and performance of driver warning systems and inducement methods and methods to assess their operation, EVP format and data and methods of communication of EVP data of motor vehicles of categories M1 and N1.

These are the European Union regulations implementing the ‘Euro 7’ emission requirements for light duty vehicles. Under the Euro 7 regulations heavy vehicles with gross vehicle mass up to 5 tonnes may also comply with light vehicle standards in lieu of the heavy vehicle standards.

Schedules 3 of the Amending Instrument also refers to

Commission Regulation (EC) No 2017/1151 of the European Parliament and of the Council of 1 June 2017 supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council on type-approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Commission Regulation (EC) No 692/2008, as last amended by Commission Regulation (EU) 2023/443 of 8 February 2023 amending Regulation (EU) 2017/1151 as regards the emission type approval procedures for light passenger and commercial vehicles.

These are the European Union regulations implementing the ‘Euro 6e’ emission requirements for light duty vehicles, which also apply to heavy vehicles with an unladen mass under 2,610kg.

European Union regulations may be freely accessed online through the EUR-Lex website. The English version of the EUR-Lex website eur-lex.europa.eu/homepage.html?locale=en.

United States Code of Federal Regulations (US CFR)

Schedules 3 and 4 refers to the technical requirements of the United States Code of Federal Regulations (CFR), Part 86 – Control of air pollution from new and in-use motor vehicles and new and in-use motor vehicle engines certification and test procedures, Tier 3 requirements as specified by Subpart S 40 CFR 86.1811-17 Exhaust Emission standards for light-duty vehicles, light-duty trucks and medium-duty passenger vehicles, and the Tier 4 requirements as specified by §86.1811-27 Criteria exhaust emission standards as an alternative standard. These are the equivalent US standards for noxious emissions.

Schedule 4 also refers to Title 40 of the United States Code of Federal Regulations (CFR), Part 1036—Control of Emissions from new and in-use heavy-duty highway engines as an alternative standard. This is the latest US standard for heavy vehicle noxious emissions.

The US CFR may be freely accessed online at www.ecfr.gov.

In accordance with subsections 14(1)(b) and 14(2) of the Legislation Act 2003, these provisions of the US CFR are incorporated as in force on the date this national road vehicle standard is made.

1.                        Consultation
   1.                  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 collaboration between the Commonwealth and the 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, depend on the degree of impact the new or amended standard is expected to have on industry or road users.

Proposals that are regarded as significant need to be supported by an Impact Analysis (IA) meeting the requirements of the Office of Impact Analysis (OIA) as published in the Australian Government Guide to Policy Impact Analysis or the Regulatory Impact Analysis Guide for Ministers’ Meetings and National Standard Setting Bodies.

1.                  Specific Consultation Arrangements

This Amendment Instrument was prepared in consultation with the Department’s Vehicle Standards Consultative Forum in October 2025. This forum comprises representatives of government (Australian and state/territory), peak bodies of the manufacturing and operational arms of the industry (including organisations such as the Federal Chamber of Automotive Industries and the Australian Trucking Association), and organisations representing consumers and road users (such as the Australian Automobile Association).

1.                        Regulatory Impact

As the proposed amendment is machinery in nature and does not increase the stringency of the ADRs amended by this instrument, the Office of Impact Analysis (OIA) has advised that a detailed analysis is not required (reference OIA25-10290).

1.                        Statement of Compatibility with Human Rights

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

1.                  Overview

The Amending Instrument amends ADR 81/02 and ADR 30/01 to recognise the latest ADRs for fuel/energy consumption labelling and noxious emissions. It also amends ADR 79/05 and 80/04 to recognise the latest to latest European and US standards for noxious emissions as acceptable standards.

1.                  Human Rights Implications

The Amending Instrument does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

1.                  Conclusion

The Amending Instrument is compatible with human rights, as it does not raise any human rights issues.