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Safety Recalls in Australia

Safety Recalls in Australia. Presented By : Mr. Michael Constandino Department of Infrastructure & Regional Development Vehicle Safety Standards (VSS) Branch. Introduction. All goods sold to consumers in Australia must be safe to use in their intended purpose.

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Safety Recalls in Australia

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  1. Safety Recalls in Australia

  2. Presented By: Mr. Michael Constandino Department of Infrastructure & Regional Development Vehicle Safety Standards (VSS) Branch

  3. 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.

  4. 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.

  5. General Safety Requirements • The Australian Competition and Consumer Commission (ACCC) administers and promotes the Competition and Consumer Act 2010. • The Competition and Consumer Act 2010covers 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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

  12. 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.

  13. 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.)

  14. 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.

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

  16. 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.

  17. 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

  18. Vehicle Recalls in Australia

  19. Thank you for your patience and attention Any questions:

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