√BYD Atto 3 safety score pending in Australia amid compliance checks

The BYD Atto 3 electric car from China has been awarded a five-star safety rating in Europe and New Zealand, however the score is pending in Australia while enquiries are made about a possible compliance breach that could spark a recall and a ‘stop sale’ notice.

A five-star safety score is yet to be issued to the Chinese BYD Atto 3 electric car in Australia after questions were raised over its approval for use on local roads.

The BYD Atto 3 was awarded five stars for safety by independent crash test authorities in Europe and New Zealand overnight.

However the five star score has not yet been applied in Australia pending a review into the federal approval for the BYD Atto 3.

Lawyers representing the distributor of the BYD Atto 3 in Australia have told Drive the vehicle has been certified as a five-seat passenger car.

However, the BYD Atto 3 currently lacks a top tether child restraint anchor point in the centre position in the back seat (see picture above), a long-standing requirement for five-seat passenger-vehicle compliance in Australia.

The BYD Atto 3 does come with two ISOFIX child seat latches (with corresponding top tether mounts) in each outboard rear seating position.

The BYD Atto 3 is missing the top tether for the middle seat, which is deemed the safest position in a car for a child, because it is away from the doors in a side impact crash.

The Department of Infrastructure, Transport, Regional Development, Communication and The Arts – which is responsible for motor vehicle approvals in Australia – said in a statement to Drive:

“Passenger vehicles entering Australia are currently assessed against the standards for child restraint anchorages and fittings as set out in ADR 34/03.

“The department recently granted a vehicle type approval for the BYD Atto 3 to be provided in Australia. The department granted this approval after considering the information, including declarations, that BYD Auto Co Ltd provided with its application.

“If the Atto 3 is determined to be non-compliant with an applicable standard, the department will work with BYD Auto Co to bring itself into compliance and determine the most appropriate way to inform and protect the public.”

Contrary to perception, motor vehicles have for decades not been subject to a physical inspection by federal authorities to ensure they meet local regulations.

Instead, federal authorities rely on legal undertakings by car companies – or agencies that specialise in motor vehicle compliance approvals – that new models meet Australian regulations.

If the BYD Atto 3 is deemed to have fallen foul of Australian regulations for five-seat passenger cars, it means the hundreds of examples that have already been delivered to customers may need to be recalled – and vehicles yet to be delivered could be issued a ‘stop sale’ notice until the anomaly is addressed.

The new Honda HR-V was recently certified as a four-seater rather than a five-seater in Australia because Honda elected to not install the centre rear seatbelt, rather than engineer a top tether child restraint anchor point for the middle seat.

If an exemption is not granted to the BYD Atto 3, the rectification could be costly – and delivery delays could be extended – while the Chinese car giant addresses the concerns.

Industry experts familiar with motor vehicle compliance regulations in Australia say options include removing the centre seatbelt and re-certifying the BYD Atto 3 as a four-seater.

Or BYD could engineer and then install a top tether anchor point for a child restraint in the centre rear seat position, and continue to sell it as a five-seater.

Lawyers for the distributor of BYD motor vehicles in Australia have informed Drive they will issue a statement today. In an email to Drive last night they said:

“Our client is working co-operatively with ANCAP to finalise a rating. That process is ongoing. In this respect, our client will be releasing a press release within the next 24 hours concerning the process it is undertaking to obtain a five-star rating for the Australian-specific models of the BYD Atto 3.”

A statement from the Australasian New Car Assessment Program (ANCAP) – which independently tests and then scores the safety of new motor vehicles – said in a media statement:

“Australian-supplied BYD Atto 3 vehicles are currently unrated (in terms of a safety score). ANCAP is working with BYD to finalise the applicability of a rating for Australian-specified models.”

Drive will update this story as more information becomes available.

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