There are very distinct rules that vehicles have to meet.
First, the ADRs have an overriding statement in them that say that the vehicle must be manufactured to comply with the rule. No individual can be issued with a defect notice (for example) because the vehicle fails to meet the requirements of the ADR. Also, as far as I can tell, the cars involved WERE manufactured to comply, and they did comply.
Next, in NSW (for example), the requirements of the ADRs apply to "vehicle that have not been registered". Until a vehicle has been registered, the EPA (or whatever they are called this week) can take any vehicle that has not been registered off the showroom floor and put it through the test specified in the ADR.
For vehicle that HAVE been registered, there is a requirement to meet a maximum CO level (not CO2) at an engine speed specified in the rule. This is measured by way of a probe put in the exhaust pipe and and the engine run at the specified speed. This applies to both petrol and diesel fuelled vehicles. Additionally, diesel vehicles must not emit visible smoke for more than a specified time.
So, no one can be required to have anything retrofitted, because the vehicle has already been registered. The government would have to introduce special laws to make this retrospective, and this would open a can of worms as it could be extended to a whole lot of other things. This is much the same as safety recalls. The government can mandate a recall on the manufacturer/distributor, but individuals can not have someone knocking on the door demanding anything be done.
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