EFWG-02-02
Vehicle Recalls in Australia
Robert Hogan
General Manager, Vehicle Safety Standards Branch
Administrator of Vehicle Standards
Working Party 29 Enforcement Working Group
27 June 2013
Vehicle Regulation in Australia
•
Under the Motor Vehicle Standards Act 1989 (MVSA), the
Australian (Federal) Government regulates:
– uniform vehicle standards - called Australian Design Rules (ADRs) - to apply
–
to new vehicles when they begin to be used in transport in Australia, through a
type approval system; and
first supply to the market of used imported vehicles.
•
The MVSA is administered by the Department of Infrastructure and
Transport (the Department).
•
In general, the in-service use and operations of vehicles are
regulated by State and Territory governments.
Powers to address ADR non-compliances
or other safety defects
•
•
•
Under the MVSA, the Minister (or delegate) can “cancel, suspend
or vary...approval to place identification plates on road vehicles”,
effectively stopping supply of vehicles to the market, where
vehicles are non-compliant with ADRs.
While the Department has no direct powers to require recall, it
also provides advice to the Australian Competition and Consumer
Commission (ACCC) in respect of vehicle safety.
Under the Australian Consumer Law (ACL), administered by the
ACCC, recall can be required, where defects “will or may cause
injury”
– The ADRs are designated safety standards and any non-compliance is
potentially subject to recall.
– The Department also investigates other potential safety defects (and this could
include product fitted after vehicles have been supplied to the market).
Departmental investigations
•
Typically, the Department receives information of potential ADR noncompliances and other safety defects from public complaints, information
provided by States and Territories based on roadworthiness inspections
and/or the Department’s own inspection and audit activity.
–
165 new investigations were initiated in 2012.
•
Cases are then referred to manufacturers and their responses are
critically assessed, with meetings/briefings held if necessary.
•
In a small number of cases, the Department encourages a recall,
including in cases where it considers a ‘service campaign’
insufficient or there may be a delay (eg for a manufacturer to stock
necessary parts).
–
Should a manufacturer fail to act, the Department could refer the matter to the ACCC for
consideration of appropriate action, including mandatory recall.
Manufacturer recalls
•
To date, a mandatory vehicle recall has never been required in
Australia.
•
Between 2007 and 2012, vehicle manufacturers have initiated
between 135 and 174 voluntary recalls a year
•
Many of these are conducted under the Federal Chamber of
Automotive Industries’ Code of Practice for Conduct of an
Automotive Safety Recall.
•
Recalls are notified to the Department and the ACCC and placed
on the Government’s recall site: www.recalls.gov.au
•
The large majority – around 95% – of recalls do not involve liaison
with the Department prior to notification.
However, the Department monitors the progress of all vehicle
recalls.
•
Voluntary Recalls 2007-13
200
180
174
172
158
160
147
142
140
135
120
100
80
End May
48
60
40
20
0
2007
2008
2009
2010
2011
2012
2013
Recall Completion Rates
Year
2007
Recalls
172
Target vehicles
599,834
Completion rates 84.4%
2008
158
2009
174
2010
147
2011
142
2012
135
319,694
404,100
551,561
446,088
681,482
82.2%
88.7%
78.8%
74.6%
52.0%
Other Compliance and
Enforcement Activity
•
•
•
Recalls are part of a broader picture of compliance and enforcement
activity in Australia, mostly related to national whole vehicle type approval.
The Department has issued a National Compliance Strategy that sets this
activity out in some detail.
Elements of the Department’s approach include:
–
–
–
–
•
Single Uniform Type Inspections – vehicle inspections before models are approved
Conformity of Production audits and Test and Design Facility Inspections
Desk Top audits – reviewing component and system approval documents submitted by
manufacturers during type approval
Educational Workshops – on Australia’s type approval system and our expectations of
industry
The approach is risk based and includes consideration of factors such as
the number of vehicles being supplied to the market, the type of vehicles
being supplied and previous experience that the Department may have
had with a manufacturer.
International Whole Vehicle
Type Approval
•
•
•
•
The move to IWVTA is a positive initiative but will need to be
matched by commensurate safeguards (and risk assessment) in
the system.
The Department currently encounters ‘defective’ type approvals.
Safeguards will need to be reasonably articulated in amendments
to the 1958 Agreement.
The IWVTA informal group is addressing this.
– It will not be sufficient to rely on a “climate of trust” between approval
authorities and manufacturers, as is currently stated in the 1958 Agreement
(Appendix 2, 2.4).
References
–
Motor Vehicle Standards Act 1989:
http://www.comlaw.gov.au/Details/C2012C00175
–
The Australian Consumer Law
:http://www.productsafety.gov.au/content/index.phtml/itemId/973455
–
Australian Competition and Consumer Commission recalls site: www.recalls.gov.au
–
The Department’s site on product safety recalls, including complaint form:
http://www.infrastructure.gov.au/vehicles/complaints_recalls/recall_guidelines.aspx
–
Federal Chamber of Automotive Industries’ Code of Practice for Conduct of an
Automotive Safety Recall : http://www.fcai.com.au/publications/all/all/all/30/code-ofpractice-for-conduct-of-an-automative-safety-recall
–
The Department’s National Compliance Strategy
<http://www.infrastructure.gov.au/roads/motor/standards/National_Compliance_
Strategy/index.aspx>