Safety Recalls in Australia

Mr. Michael Constandino Presented By: Mr. Michael Constandino Department of Infrastructure & Regional Development Vehicle Safety Standards (VSS) Branch Thank everybody for their attendance

Introduction All goods sold to consumers in Australia must be safe to use in their intended purpose. This includes manufactured goods such as motor vehicles.

Specific Safety Requirements The Department of Infrastructure and Regional Development (DoIRD) (The Department) administers the Motor Vehicle Standards Act 1989 and the Motor Vehicle Standards Regulations 1989. The Australian Design Rules (ADRs) have 54 standards that are directly safety related. All road vehicles supplied to the Australian market must meet the minimum requirements of the applicable standards.

General Safety Requirements The Australian Competition and Consumer Commission (ACCC) administers and promotes the Competition and Consumer Act 2010. The Competition and Consumer Act 2010 covers motor vehicles and requires them to be safe in their intended use. This includes free from design and manufacturing faults that will or may cause injury.

Safety Recalls A safety recall is when a vehicle manufacturer identifies that there is a design or manufacturing fault in a vehicle that will or may cause injury and rectifies the problem. Manufacturers are required by law to notify the ACCC when they have decided to carry out a safety recall.

Recalls and Investigations The Department assists the ACCC in conducting vehicle safety investigations and overseeing the monitoring of vehicles safety recalls. Vehicle Safety Standards (VSS) Branch employees have specialist knowledge of vehicle technology and safety.

Departmental Investigations The Department investigates concerns in regard to safety issues and ADR non-compliances with motor vehicles. Vehicle owners may lodge a Defect Notification describing their concern with The Department. Their concern will be considered to determine if further action is required.

Investigation Process The Department maintains a database called Safety Investigations and Recalls System (SIRS). The Department seeks to establish is the systemic issue with a vehicle. The Department seeks to establish if there is the systemic issue with a vehicle. Historical evidence will be gathered from SIRS, the owner and from the manufacturer. The owner and manufacturer will be notified when a decision has been made.

Safety Recalls Most vehicle safety recalls are instigated by the manufacturer. Recalling vehicles is commonly performed by manufacturers to ensure the vehicles they have manufactured are safe. Service Campaigns are a way that manufacturers rectify non-safety related issues with their products and should only be used where appropriate to do so.

Detection of Safety Issues Manufacturers may become aware of potential safety issues through a number of different ways: Component suppliers Dealers Vehicle owners Motoring organizations State and Federal consumer organisations State and Federal transport departments ACCC

Manufacturers Responsibility A manufacturer is required to notify the ACCC within two days of beginning a recall action. The supplier should also notify The Department and provide relevant information on the recall. This information should include: The make/model and VINs / VIN ranges of vehicles that are to be recalled. The issue and action to be taken.

Ensuring all Vehicles are Recalled Manufacturers are required to: Notify State and Territory Road Authorities Notify all known owners Notify network dealers Advertisement in the media (e.g. newspapers etc.)

Records Management The manufacturer should keeps records of all VINs. Monthly progress reports should be sent to The Department and the ACCC. Reporting efforts made to contact owners.

When can a Recall be Closed? A recall campaign can have a different status: Active Inactive Closed

Main Points A manufacturer or importer should be pro-active in monitoring for safety issues. It is the manufacturer’s responsibility to investigate safety issues. The manufacturer or importer must notify the ACCC and The Department within two days of beginning a safety recall. A manufacturer must take steps to ensure that vehicles affected have the fault rectified. Monitor the response rate to determine if further measures must be taken.

Information Australian Competition and Consumer Commission: http://www.accc.gov.au/content/index.phtml/itemId/142 Product Safety Recalls Australia: http://www.recalls.gov.au/content/index.phtml/itemId/952401 Competition and Consumer Act 2010 can be downloaded from: http://www.comlaw.gov.au/Details/C2011C00003 Vehicle Recalls (DoIRD): http://www.infrastructure.gov.au/roads/vehicle_regulation/vehicle/recalls/index.aspx The Recall Code of Practice: http://www.infrastructure.gov.au/roads/vehicle_regulation/vehicle/recalls/files/ATSBCode2002.pdf

Vehicle Recalls in Australia

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