Compliance checks on Australian-supplied BYD Atto 3

The BYD Atto 3 EV got a five-star safety rating in Europe and New Zealand, but it’s reported the rating is on hold in Australia while enquiries are made about a potential compliance breach.

A full safety rating was issued for the New Zealand-supplied BYD Atto 3 by the Australasian New Car Assessment Program (ANCAP).

However, a safety rating has yet to be issued for it in Australia after questions were raised over its federal approval for use on local roads, according to Drive.

It reports that 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.

But it lacks a top tether child restraint anchor point in the centre position in the back seat, a requirement for five-seat passenger vehicle compliance in Australia, says Drive.

While the BYD Atto 3 does have two ISOFIX child seat latches (with corresponding top tether mounts) in each outboard rear seating position, it’s reportedly missing the top tether for the middle seat.

The Department of Infrastructure, Transport, Regional Development, Communication and The Arts – responsible for motor vehicle approvals in Australia – told 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.”

Options may include removing the centre seatbelt and re-certifying the BYD Atto 3 as a four-seater, or BYD could engineer and 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, Drive explains.

A press release is expected to be issued soon on the matter.