√Mahindra Scorpio-N 4WD sidesteps new safety rules, scrapes into showrooms before deadline

The first new model from Indian car maker Mahindra in a decade has sidestepped new requirements for advanced safety technology by scraping in just months before the deadline set by Australian regulators.

The Mahindra Scorpio-N four-wheel-drive SUV from India is set to miss out on life-saving autonomous emergency braking systems – and scrape into showrooms before the technology becomes mandatory for all new vehicles introduced in Australia.

The first new Mahindra model for Australia in a decade, the Scorpio-N is a four-wheel-drive wagon bigger than a Toyota RAV4 but smaller than a Ford Everest.

It is planned to launch in Australia without any of the advanced safety technology available on most new cars – including autonomous emergency braking, which slams the brakes if a crash is imminent and the driver is not paying attention.

Autonomous emergency braking (AEB) became mandatory for all newly-introduced vehicles certified for sale in Australia from 1 March 2023.

The Scorpio-N is due in showrooms in the coming weeks.

However, Mahindra has exploited a loophole that only requires the vehicle to receive approval for sale in Australia from the Federal Government before the March 1 deadline to be legally available for sale – even if cars do not arrive in showrooms until after that date.

The Scorpio-N now does not need to meet the requirement for AEB until March 2025, when the technology is required for all vehicles on sale, irrespective of when they were introduced or approved for sale.

The Mahindra Scorpio-N will be the only model in the ‘medium SUV’ class without autonomous emergency braking – and likely the last all-new vehicle to launch in Australia without the technology.

AEB is standard fitment on the cheapest new cars in the country – from the pint-sized $19,000 drive-away Kia Picanto city hatch, to basic $32,000 drive-away Isuzu D-Max and Toyota HiLux ‘traffic controller’ work utes.

The only other vehicle in the mid-size SUV class not fitted with AEB is the base-model Vi version of the Honda CR-V – but all other variants in the range are equipped with the technology.

The potentially life-saving safety feature is not listed as available on Mahindra’s Indian website, nor any other advanced driver aids such as lane-keep assist, adaptive cruise control or blind-spot monitoring.

The models meet all other government safety requirements for new vehicles sold in Australia, and are fitted with six airbags, anti-lock brakes, stability control, tyre pressure monitors, and a driver fatigue warning.

Drive has contacted the Australasian New Car Assessment Program (ANCAP) to determine if there are any plans to conduct independent safety testing on the Mahindra Scorpio-N.

As an independent crash safety body, ANCAP is able to purchase vehicles through new-car showrooms – as a customer would – to submit vehicles for testing.

On other occasions, car manufacturers pay for ANCAP tests – but, regardless of who foots the bill, the results are independently assessed and vehicles are selected randomly by the safety authority.

A significant portion of the latest ANCAP test criteria is allocated to crash-avoidance technology the Mahindra Scorpio-N lacks.

In the absence of autonomous emergency braking, lane-keep assist or speed limit warning system, the Mahindra twins would likely perform poorly in the “Safety Assist” ANCAP category – and could receive an overall score of zero stars.

A statement from Mahindra to Drive said: “As per current certification, Scorpio[-N] will not be fitted with AEB at the time of launch.

“We are aware of the new regulation in Australia on mandatory autonomous emergency braking (AEB) and are planning to proactively transition our products in a phased manner.”

Meanwhile, due in Mahindra Australia showrooms later this year is a Toyota RAV4-sized family SUV known as the XUV700.

The Australian government’s vehicle certification database shows both the XUV700 and Scorpio-N have not met the Australian Design Rule (ADR) for AEB in passenger vehicles.

However, Mahindra Australia has confirmed the XUV700 will be fitted with a full suite of advanced safety systems, including AEB – unlike the Scorpio-N.

The Indian car maker will need to submit the XUV700 for approval with this regulation within the next two years if it is to remain on sale after March 2025.

A spokesperson for the Department of Infrastructure, Transport, Regional Development, Communications and the Arts said in a statement to Drive when asked about the status of the Mahindra vehicles:

“ADR 98/00 – Advanced Emergency Braking for Passenger Vehicles and Light Goods Vehicles applies to all new models of passenger vehicles provided in Australia on or after 1 March 2023.

“This is a mandatory standard and the Department of Infrastructure, Transport, Regional Development, Communications and the Arts does not exempt vehicle providers from meeting this requirement on a discretionary basis.

“The XUV700 and the Scorpio-N have not been assessed as meeting ADR 98/00. Both models were type approved before 1 March 2023.

“If they were also first added to the Register of Approved Vehicles [the government database] before 1 March 2023, they would not be required to comply with ADR 98/00 until 1 March 2025, when this standard becomes applicable to all vehicles,” the statement concludes.

The Mahindra vehicles are not the first to scrape in before the new standard – the Toyota GR86 and Subaru BRZ sports-car twins went on sale last without autonomous emergency braking on manual models, as well as manual versions of the Subaru WRX sedan.

However, the Scorpio-N is believed to be the only vehicle to receive approval for sale without AEB before the 1 March 2023 deadline, – but not arrive in showrooms until after the rule comes into force.

Government approval was issued for the Scorpio-N on 24 November 2022, followed by the XUV700 on 9 January 2023.

Mahindra will have until 1 March 2025 to develop autonomous emergency braking technology for its two new vehicles, and certify them with the relevant Australian safety regulations, if they are to remain on sale past that date.

More details on the Mahindra Scorpio-N – including pricing and standard features – are due to be confirmed later this month.

The government database listing shows there may be up to three model grades, with a choice of two- or four-wheel drive, six seats in all models, and a 129kW 2.2-litre turbo-diesel engine and six-speed automatic transmission as standard.

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