Federal Register of Legislation - Australian Government

Primary content

ADR 80/01 Standards/Australian Design Rules for Vehicles as made
A vehicle standard under Section 7 of the Motor Vehicle Standards Act 1989 which prescribes the exhaust emissions requirements for engines used in heavy vehicles in order to reduce air pollution.
Administered by: Infrastructure, Transport, Regional Development and Communications
General Comments: The Vehicle Standard (Australian Design Rule 80/01 - Emission Control for Heavy Vehicles) 2005 repeals each vehicle standard with the name ADR 80/01, and each amendment of such a standard, that is: (a) made under section 7 of the Motor Vehicles Standard Act 1989; and (b) in force at the commencement of this Standard. This Standard also repeals each instrument made under section 7 of the Motor Vehicles Standard Act 1989 that creates or amends a vehicle standard with the name ADR 80/01, if there are no other vehicle standards created by that instrument that are still in force at the commencement of this Standard.
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s12 item 40
Registered 03 Nov 2005
Tabling HistoryDate
Tabled HR07-Nov-2005
Tabled Senate07-Nov-2005
Table of contents.

 

 

 

 

 

MOTOR VEHICLE STANDARDS ACT 1989

 

Vehicle Standard (Australian Design Rule 80/01 — Emission Control for Heavy Vehicles) 2005

 

 

 

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 Local Government, Territories and Roads

 

October 2005

1.    Legislative Context for ADR80/01

Vehicle Standard (Australian Design Rule 80/01 — Emission Control for Heavy Vehicles) 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".

Australian Design Rule (ADR) 80/01 – Emission Control for Heavy Vehicles was originally determined in Road Vehicle (National Standards) Determination No. 2 of 1999 and has been amended in subsequent determinations.  ADR 80/01 is being remade to comply with the requirements of the Legislative Instruments Act 2003 and to enable its registration in accordance with the requirements of the Federal Register of Legislative Instruments.  The remaking of ADR 80/01 has not altered the substance of the standard as last determined, except to change its date of application.

 

2.    Content and Effect of ADR 80/01

ADR80/01 prescribes the emission limits for heavy vehicles, and the standard test methods for measuring those emissions.  ADR80/01 will significantly lower emission levels of air pollutants from new heavy vehicles and will bring Australian standards in closer alignment with international standards set by the United Nations, known as the Euro 4 emission standards. 

ADR 80/01 adopts as its principal standard the Euro 4 elements of European Commission Directive 1999/96/EC, as amended by Directive 2001/27/EC[1].  The full text of this Directive (and amendments) are included as Appendices A and B to ADR 80/01.  ADR80/01 also permits compliance with the equivalent UN ECE Regulation 49/04[2].  ADR 80/01 also accepts engines certified to the US 2004 standards (CFR 86.004-11)[3]


 

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 Federal 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.  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), National Environment Protection Council Committee (NEPC Committee), Environment Protection and Heritage Council (EPHC) and the Australian Transport Council (ATC).

TELG is the main consultative group that supports LTEC.  It contains representatives of:

Ø      transport and environment agencies ;

Ø      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);

Ø      road user organisations (the Australian Automobile Association and the Australian Trucking Association); and

Ø      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.  NEPC consists of Commonwealth and State/Territory Ministers with responsibility for environment issues.

Editorial changes and changes to correct errors are settled by agreement between the Department of Transport and Regional Services and the NTC.  This process is only invoked where the amendments do not vary the intent of the national standard. 

New standards, or significant changes that increase the stringency of existing standards, are subject to a vote by ATC Ministers.  Unless disapproved by a majority of ATC Ministers, the Minister for Local Government, Territories and Roads, can then determine the new or amended standards, under the authority of the Minister for Transport and Regional Services.  Proposals that are regarded as significant need to be supported by a Regulation Impact Statement meeting the requirements of the Office of Regulation Review as published in A Guide to Regulation. 

3.2        Specific Arrangements for this Standard

In the case of ADR 80/01, Ministers of the Australian Transport Council voted to approve the standard in 1999.  The Ministers of the National Environment Protection Council also endorsed the standard.  Details of the consultation undertaken for the first version of ADR 80/01 are contained in the regulation impact statement (RIS) tabled with the original determination following its gazettal in late December 1999.

The only significant difference between ADR 80/01 as originally gazetted and this remade ADR 80/01 - as covered by this Explanatory Statement - is the implementation timing, which has been relaxed by 12 months.  This timing change was addressed as part of the wide ranging formal consultation undertaken as part of the Vehicle Emissions and Fuel Quality Standards Review for the Post 2006 Period.  The Review involved extensive consultation including:

·        public discussion paper – released May 2003;

·        a full day seminar for all stakeholders – 19 June 2003;

·        public release of a draft RIS – December 2003;

·        consultations with key stakeholders – February 2004;  and

·        consideration of stakeholder submissions to the discussion paper and the draft RIS.

A cost benefit analysis was also commissioned as part of the Review.  A copy of the RIS prepared as part of this review is at Attachment A to this Explanatory Statement.  Chapter 7 of the RIS details the consultation arrangements.

 



[1] European Commission Directives, including 1999/96/EC, 2001/27/EC and other EC Directives cross referenced in 1999/96/EC, are available at : http://europa.eu.int/eur-lex/en/search/search_lif.html.  ISO documents cross referenced in 1999/96/EC are available at http://www.standards.com.au/catalogue/script/search.asp

[2] ECE Regulation 49 is available at :  http://www.unece.org/trans/main/wp29/wp29regs.html.