Vol. 137, No. 17 — August 13, 2003

Registration
SOR/2003-272 24 July, 2003

MOTOR VEHICLE SAFETY ACT

P.C. 2003-1122 24 July, 2003

Whereas, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote a) , a copy of the proposed Regulations Amending the Motor Vehicle Safety Regulations (Motorcycles and Three-wheeled Vehicles) and the Motor Vehicle Tire Safety Regulations, 1995, substantially in the form set out in the annexed Regulations, was published in the Canada Gazette, Part I, on August 17, 2002 and a reasonable opportunity was thereby afforded to interested persons to make representations to the Minister of Transport with respect to the proposed Regulations;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 5 (see footnote b)  and subsection 11(1) of the Motor Vehicle Safety Act (see footnote c) , hereby makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Motorcycles and Three-wheeled Vehicles) and the Motor Vehicle Tire Safety Regulations, 1995.

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (MOTORCYCLES AND THREE-WHEELED VEHICLES) AND THE MOTOR VEHICLE TIRE SAFETY REGULATIONS, 1995

MOTOR VEHICLE SAFETY REGULATIONS

Amendments Effective on the Date of Registration

1. (1) The definitions "limited-speed motorcycle", "motorcycle", "multipurpose passenger vehicle", "passenger car" and "truck" in subsection 2(1) of the Motor Vehicle Safety Regulations (see footnote 1)  are replaced by the following:

"limited-speed motorcycle" means a motorcycle that

(a) has steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground,

(b) has a maximum attainable speed of 70 km/h or less, measured in accordance with International Organization for Standardization standard ISO 7117-1981, Road vehicles — measurement method for the maximum speed of motorcycles,

(c) has a minimum seat height, when the vehicle is unladen, of 650 mm, and

(d) does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest; (motocyclette à vitesse limitée)

"motorcycle" means a vehicle of the subclasses enclosed motorcycle, open motorcycle, limited-speed motorcycle and motor tricycle, that

(a) is designed to travel on not more than three wheels in contact with the ground,

(b) has a minimum wheel rim diameter of 250 mm, and

(c) has a minimum wheelbase of 1 016 mm,

but does not include a power-assisted bicycle, a restricted-use motorcycle, a low-speed vehicle, a passenger car, a truck, a multipurpose passenger vehicle, a competition vehicle, a vehicle imported temporarily for special purposes or a three-wheeled vehicle; (motocyclette)

"multipurpose passenger vehicle" means a vehicle having a designated seating capacity of 10 or less that is constructed either on a truck chassis or with special features for occasional off road operation, but does not include an air cushion vehicle, an all-terrain vehicle, a golf cart, a low-speed vehicle, a passenger car, a three-wheeled vehicle, a truck or a vehicle imported temporarily for special purposes; (véhicule de tourisme à usages multiples)

"passenger car" means a vehicle having a designated seating capacity of 10 or less, but does not include an all-terrain vehicle, a competition vehicle, a low-speed vehicle, a multipurpose passenger vehicle, an antique reproduction vehicle, a motorcycle, a truck, a trailer, a vehicle imported temporarily for special purposes or a three-wheeled vehicle; (voiture de tourisme)

"truck"means a vehicle designed primarily for the transportation of property or special- purpose equipment, but does not include a competition vehicle, a crawler-mounted vehicle, a three-wheeled vehicle, a trailer, a work vehicle, a vehicle imported temporarily for special purposes or a vehicle designed for operation exclusively off-road; (camion)

(2) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

"enclosed motorcycle" means a motorcycle that

(a) has steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground,

(b) is designed to travel on two wheels in contact with the ground,

(c) has a minimum seat height, when the vehicle is unladen, of 650 mm, and

(d) has a structure partially or fully enclosing the driver and passenger that is an integral part of the vehicle chassis; (motocyclette à habitacle fermé)

"motor tricycle" means a motorcycle, other than an antique reproduction vehicle, that

(a) is designed to travel on three wheels in contact with the ground,

(b) has seating on which all occupants must sit astride,

(c) has no more than four designated seating positions,

(d) has a GVWR of 1 000 kg or less; and

(e) does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest; (tricycle à moteur)

"open motorcycle" means a motorcycle that

(a) has steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground,

(b) is designed to travel on two wheels in contact with the ground,

(c) has a minimum seat height, when the vehicle is unladen, of 650 mm, and

(d) does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest; (motocyclette sans habitacle fermé)

"three-wheeled vehicle" means a vehicle, other than a competition vehicle, a low-speed vehicle, an antique reproduction vehicle, a motorcycle, a restricted-use motorcycle, a trailer or a vehicle imported temporarily for special purposes, that

(a) is designed to travel on three wheels in contact with the ground,

(b) has no more than four designated seating positions, and

(c) has a GVWR of 1 000 kg or less; (véhicule à trois roues)

2. The Regulations are amended by adding the following after section 2.1:

2.2 For the purpose of determining the number of wheels on a vehicle, two wheels are considered to be one wheel if they are mounted on the same axle and the distance between the centres of their areas of contact with the ground is less than 460 mm.

3. Paragraph 5(2)(a) of the Regulations is replaced by the following:

(a) each standard referred to by number in column I of Schedule III, opposite which there is set out the letter "X" in the subcolumn designating that class or subclass of vehicle; and

4. (1) The portion of paragraph 6(1)(e) of the Regulations before subparagraph (i) is replaced by the following:

(e) in the case of a passenger car, multipurpose passenger vehicle, low-speed vehicle, three-wheeled vehicle, truck, bus, trailer, trailer converter dolly or motorcycle,

(2) Paragraph 6(1)(f) of the Regulations is amended by adding the following after subparagraph (v):

(vi) "EMC/MCH" to refer to an enclosed motorcycle,

(3) Subparagraph 6(1)(f)(xi) of the Regulations is replaced by the following:

(xi) "MC" to refer to an open motorcycle,

(4) Subparagaphs 6(1)(f)(xviii) and (xix) of the Regulations are replaced by the following:

(xviii) "TRI" to refer to a motor tricycle,

(xix) "TRU/CAM" to refer to a truck,

(xx) "TT/CT" to refer to a truck tractor, and

(xxi) "TWV/VTR" to refer to a three-wheeled vehicle;

(5) The portion of paragraph 6(3)(a) of the Regulations before subparagraph (i) is replaced by the following:

(a) in the case of a bus, multipurpose passenger vehicle, three-wheeled vehicle, passenger car, truck or low-speed vehicle,

5. (1) Paragraph 12(3)(c) of the Regulations is replaced by the following:

(c) in the case of an incomplete vehicle, truck, enclosed motorcycle, multipurpose passenger vehicle, three-wheeled vehicle, passenger car or bus, the vehicle was manufactured by the company that completed the main assembly of the vehicle to conform to section 210 of Schedule IV;

(2) The portion of paragraph 12(8)(e) of the Regulations before subparagraph (i) is replaced by the following:

(e) in the case of a passenger car, truck, multipurpose passenger vehicle, low-speed vehicle, bus, trailer, trailer converter dolly, motorcycle or three-wheeled vehicle,

6. Schedule III to the Regulations is replaced by the following:

SCHEDULE III
(Subsections 2(1), 4(1) and 5(2))

CANADA MOTOR VEHICLE SAFETY STANDARDS

7. The portion of subsection 101(9.1) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(9.1) Where fitted on a passenger car or three-wheeled vehicle, the following displays, a description of which is given in section 135 of this Schedule and in TSD 135, mentioned in that section, shall be in the colour specified in Table II to this section:

8. (1) Subsection 103(2) of Schedule IV to the Regulations is replaced by the following:

(2) Subject to subsection (2.1), every vehicle shall be equipped with a windshield defrosting and defogging system.

(2.1) A three-wheeled vehicle that is equipped with a windshield shall be equipped with a windshield defrosting and defogging system.

(2) The portion of subsection 103(3) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(3) In the case of a passenger car or a three-wheeled vehicle, the windshield defrosting and defogging system shall

(3) The portion of subsection 103(4) of Schedule IV to the Regulations before subparagraph (b)(i) is replaced by the following:

(4) Despite the testing requirements set out in subsection (3) for the windshield defrosting and defogging system of a passenger car or three-wheeled vehicle,

(a) in the case of a passenger car or three-wheeled vehicle equipped with a heating system other than a heat exchanger type that uses the engine's coolant as a means to supply the heat to the heat exchanger, the procedure specified by the vehicle's manufacturer for cold weather starting shall be followed during the entire test period, except that the use of a power or heat source external to the vehicle is not permitted;

(b) in the case of all other passenger cars and three-wheeled vehicles,

9. (1) Subsection 104(3) of Schedule IV to the Regulations is replaced by the following:

(3) Subject to subsection (3.1), every vehicle shall have a power-driven windshield wiping system that has at least two frequencies or speeds and that has, irrespective of engine speed and engine load,

(a) one frequency or speed of at least 45 cycles per minute;

(b) a difference of at least 15 cycles per minute between the highest frequency or speed and one of the lower frequencies or speeds; and

(c) the lower frequency or speed referred to in paragraph (b) equal to at least 20 cycles per minute.

(3.1) A three-wheeled vehicle that is equipped with a windshield shall have a windshield wiping system that conforms to the requirements of subsection (3).

(2) The portion of subsection 104(5) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(5) In the case of a passenger car or a three-wheeled vehicle, the windshield wiping system, when tested wet in accordance with SAE Recommended Practice J903a (May 1966), shall wipe the percentage of areas A, B and C of the windshield that

(3) Subsection 104(6) of Schedule IV to the Regulations is replaced by the following:

(6) Subject to subsection (7), every vehicle shall have a windshield washing system that meets the requirements of SAE Recommended Practice J942, Passenger Car Windshield Washer Systems (November 1965), except that the words "the effective wipe pattern defined in SAE J903, paragraph 3.1.2" in paragraph 3.1 of SAE Recommended Practice J942 shall be replaced

(a) in the case of a passenger car or a three-wheeled vehicle, by the words "the areas established in accordance with the definition of areas A, B and C in subsection (1) of Canada Motor Vehicle Safety Standard No. 104"; and

(b) in the case of a multipurpose passenger vehicle, truck or bus, by the words "the pattern designed by the manufacturer for the windshield wiping system on the exterior surface of the windshield glazing".

(7) A three-wheeled vehicle that is equipped with a windshield shall have a windshield washing system that meets the requirements of subsection (6).

(4) The heading of Table I to section 104 of Schedule IV to the Regulations is replaced by the following:

Passenger cars and three-wheeled vehicles of less than 1 520 mm overall width

(5) The heading of Table II to section 104 of Schedule IV to the Regulations is replaced by the following:

Passenger cars and three-wheeled vehicles of 1 520 mm or more but less than 1 630 mm overall width

(6) The heading of Table III to section 104 of Schedule IV to the Regulations is replaced by the following:

Passenger cars and three-wheeled vehicles of 1 630 mm or more but less than 1 730 mm overall width

(7) The heading of Table IV to section 104 of Schedule IV to the Regulations is replaced by the following:

Passenger cars and three-wheeled vehicles of 1 730 mm or more overall width

10. (1) Section 108 of Schedule IV to the Regulations is amended by adding the following after subsection (1):

(1.1) Except as otherwise provided by this section, every three-wheeled vehicle shall be equipped with the lamps, retroreflective devices and associated equipment required by TSD 108 for passenger cars.

(2) Section 108 of Schedule IV to the Regulations is amended by adding the following after subsection (14):

(14.1) Despite paragraph S5.3.1 and Table IV of TSD 108, the tail lamps, stop lamps and parking lamps on a motor tricycle shall be installed in accordance with the requirements of paragraph S5.3.1 and Table IV of TSD 108 for tail lamps, stop lamps and parking lamps installed on a passenger car.

(14.2) Motor tricycles manufactured before September 1, 2004 need not comply with subsection (14.1).

(3) Subsection 108(26) of Schedule IV to the Regulations is replaced by the following:

(26) Despite paragraph S5.1.1 of TSD 108, paragraphs S7.3.7(a) and S7.3.8(a) of TSD 108 do not apply to the headlamps on a bus, truck, multipurpose passenger vehicle, passenger car or three-wheeled vehicle.

(4) The portion of subsection 108(40) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(40) Every front fog lamp assembly or auxiliary front lamp assembly that may be switched on simultaneously with the low beam headlamps on a bus, truck, multipurpose passenger vehicle, passenger car or three-wheeled vehicle shall

(5) Section 108 of Schedule IV to the Regulations is amended by adding the following after subsection (43):

(43.1) Despite paragraph S7.9.6.2 and Table IV of TSD 108, if a headlamp system installed on a motor tricycle consists of two headlamps that are horizontally disposed about the vertical centreline, it may be installed in accordance with the requirements of paragraph S5.3.1 and Table IV of TSD 108 for headlamp systems installed on passenger cars.

(6) Subsection 108(44) of Schedule IV to the Regulations is replaced by the following:

(44) Every bus, multipurpose passenger vehicle, passenger car, three-wheeled vehicle and truck shall be equipped with two daytime running lamps or, where the daytime running lamps are optically combined with the upper beams of the headlamps, with two or four daytime running lamps.

11. The portion of subsection 108.1(1) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

108.1 (1) As an alternative to the headlamps required by section 108, a passenger car, three-wheeled vehicle, multipurpose passenger vehicle, bus and truck may be equipped with headlamps that

12. (1) Subsections 110(1) and (2) of Schedule IV to the Regulations are replaced by the following:

110. (1) Subject to subsection (1.1), the tires installed on every passenger car shall meet the requirements of Schedule IV to the Motor Vehicle Tire Safety Regulations, 1995.

(1.1) This section applies to every passenger car tire that is installed on a three-wheeled vehicle or motor tricycle.

(2) Every motor vehicle shall be equipped with rims that, under section 7 of the Motor Vehicle Tire Safety Regulations, 1995, are specified as being rims that may be used with the tires of that vehicle.

(2) Subsection 110(4) of Schedule IV to the Regulations is replaced by the following:

(4) The normal load for a tire of a vehicle, as determined using the table to this section, shall not be greater than the test load to which the tire is submitted when it is tested for high speed performance in accordance with section 8 of Schedule IV to the Motor Vehicle Tire Safety Regulations, 1995.

(3) Paragraph 110(6)(c) of Schedule IV to the Regulations is replaced by the following:

(c) the tire load rating provided for the purposes of subsection 7(1) of the Motor Vehicle Tire Safety Regulations, 1995, or listed in a publication referred to in paragraph 7(2)(a) of those Regulations, for a tire of the same size designation and type as the tires of the vehicle, for the inflation pressure so stated, is greater than the vehicle load referred to in paragraph (b).

(4) The table to section 110 of Schedule IV to the Regulations is replaced by the following:

TABLE

Occupant Distribution for Vehicle Normal Load for Various Designated Seating Capacities

13. The heading before subsection 111(7) of Schedule IV to the Regulations is replaced by the following:

Passenger Cars and Three-wheeled Vehicles

14. (1) The portion of subsection 111(7) of Schedule IV to the Regulations before paragraph (b) is replaced by the following:

(7) An inside rearview mirror shall be installed on every passenger car and three-wheeled vehicle and shall, under the conditions prescribed in subsection (8),

(a) provide the driver with a field of view to the rear that

(i) is not less than 20° measured horizontally rearward from the projected eye point, and
(ii) extends to the horizon and includes a point on the road surface not more than 60 m (200 feet) directly behind the vehicle; or

(2) The portion of subsection 111(8) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(8) For the purposes of subsection (7), the vehicle shall be on a level road surface and loaded with the lighter of the following loads, calculated on the basis of the driver and each occupant weighing 68 kg (150 pounds):

(3) Subsection 111(11) of Schedule IV to the Regulations is replaced by the following:

(11) An outside rearview mirror shall be installed on the driver's side of every passenger car and three-wheeled vehicle in such a manner as to provide the driver with a field of view to the rear on a level road surface that

(a) may be partially obscured by the rear body or fender contours;

(b) extends to the horizon; and

(c) includes a line measuring 2.5 m (8 feet) perpendicular to and outboard from the vertical longitudinal plane tangent to the driver's side of the vehicle at its widest part, at a point 10.6 m (35 feet) behind the eyes of the driver seated with the driver's seat in the rearmost position.

15. (1) The portion of paragraph 115(2)(c) of Schedule IV to the Regulations before subparagraph (i) is replaced by the following:

(c) in the case of a passenger car, three-wheeled vehicle, multipurpose passenger vehicle, truck or low speed vehicle having a GVWR of 4 536 kg or less, be

(2) Subparagraph 115(3)(b)(i) of Schedule IV to the Regulations is replaced by the following:

(i) the fourth and fifth characters shall be alphabetic and the sixth and seventh characters shall be numeric for a passenger car, three-wheeled vehicle, multipurpose passenger vehicle, truck or low-speed vehicle having a GVWR of 4 536 kg or less,

(3) Paragraph 115(3)(h) of Schedule IV to the Regulations is replaced by the following:

(h) the fourteenth to seventeenth characters, inclusive, shall be numeric for all vehicles and the thirteenth character shall be numeric if the vehicle is a passenger car, three-wheeled vehicle, multipurpose passenger vehicle, truck or low-speed vehicle having a GVWR of 4 536 kg or less.

(4) The portion of item 1 of Table I to section 115 of Schedule IV to the Regulations in column I is replaced by the following:

16. The portion of subsection 118(1) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

118. (1) A power-operated window, power-operated partition or power-operated roof panel fitted on an enclosed motorcycle, passenger car, three-wheeled vehicle, multipurpose passenger vehicle or truck having a GVWR of not more than 4 536 kg may be closed only

17. (1) Subsections 120(1) and (2) of Schedule IV to the Regulations are replaced by the following:

120. (1) Subject to subsection (5), the tires of every bus, motorcycle, multipurpose passenger vehicle, three-wheeled vehicle, trailer, trailer converter dolly and truck shall meet the requirements of the Motor Vehicle Tire Safety Regulations, 1995.

(2) Every vehicle described in subsection (1) shall be equipped with rims that are specified as being suitable for use with the tires of the vehicle in accordance with section 7 of the Motor Vehicle Tire Safety Regulations, 1995.

(2.1) In the case of tires installed on a motor tricycle or a three-wheeled vehicle, subsections (3) and (6) to (13) apply to tires that are not passenger car tires.

(2) Subparagraphs 120(5)(e)(i) and (ii) of Schedule IV to the Regulations are replaced by the following:

(i) in the case of used tires, the requirements of the Motor Vehicle Tire Safety Regulations, 1995, and

(ii) in the case of retreaded tires, Schedule V to the Motor Vehicle Tire Safety Regulations, 1995, United States Federal Motor Vehicle Safety Standard 119 or Japanese Industrial Standard JIS D4230.

(3) Subparagraphs 120(6)(a)(iv) to (viii) of Schedule IV to the Regulations are replaced by the following:

(iv) "A" if the nominal dimensions are published by the Tyre and Rim Association of Australia,

(v) "B" if the nominal dimensions are published by the Associacao Latino Americana de Pneus e Aros (Brazil), or

(vi) "S", if the nominal dimensions are published by the South African Bureau of Standards;

(4) Subsection 120(14) of Schedule IV to the Regulations is replaced by the following:

(14) At the option of the manufacturer, the information required by subsection (12) may be listed on a separate tire information label applied to the vehicle in accordance with the requirements of these Regulations for a compliance label or, in the case of a motor tricycle or three-wheeled vehicle equipped with passenger car tires and tires other than passenger car tires, on the placard referred to in subsection 110(5).

18. (1) Section 122 of Schedule IV to the Regulations is amended by adding the following after the heading "Technical Standards Document No. 122" and before subsection (2):

(1.1) For the purpose of this section, the words "three-wheeled motorcycle" used in TSD 122 mean "motor tricycle".

(2) Subsection 122(3) of Schedule IV to the English version of the Regulations is replaced by the following:

(3) Despite paragraph S5.1.3.1(d) of TSD 122, the indicator lamp shall display the identification symbol set out in Table II of section 101 of this Schedule for a brake system malfunction, and that identification symbol shall be legible to the driver in daylight when the indicator lamp is activated, but the legend referred to in paragraph S5.1.3.1(d) of TSD 122 is optional.

19. (1) The portion of subsection 123(3) of Schedule IV to the French version of the Regulations before paragraph (a) is replaced by the following:

(3) Toute motocyclette doit être munie des commandes de pièces d'équipement suivantes :

(2) Subsections 123(5) to (7) of Schedule IV to the Regulations are replaced by the following:

(5) If a motorcycle is equipped with an equipment control set out in column I of an item of Table I to this section, the equipment control shall be located as specified in column II of that item and shall be operable throughout the full range of the control without removal of the operator's hand from the handlebar, as specified in column III of that item and, in the case of hand-operated controls, the equipment control shall be operable

(a) by the operator's left hand, if the control is located on the left handlebar; or

(b) by the operator's right hand, if the control is located on the right handlebar.

(6) If a motorcycle with an automatic clutch is equipped with a supplemental rear brake control, the control shall be located on the left handlebar.

(7) If a motorcycle is equipped with self-proportioning or anti-lock braking devices utilizing a single control for front and rear brakes, the control shall be located and operable in the same manner as a rear brake control.

(3) The portion of subsection 123(9) of Schedule IV to the English version of the Regulations before paragraph (a) is replaced by the following:

(9) If a motorcycle is equipped with an article of equipment set out in column I of an item of Table II to this section,

(4) Subsections 123(11) to (13) of Schedule IV to the Regulations are replaced by the following:

(11) Footrests shall be provided for each designated seating position of a motorcycle.

(11.1) On a motorcycle other than a motor tricycle, each footrest provided at a designated seating position for a passenger, but not for the operator, shall fold rearward and upward when not in use.

(12) Speedometers fitted on motorcycles shall be calibrated in kilometres per hour.

(12.1) Odometers and trip record counters fitted on motorcycles shall show distances in kilometres.

(13) A turn signal tell-tale fitted on a motorcycle shall be green or yellow.

20. (1) Subsections 135(1) and (1.1) of Schedule IV to the Regulations are repealed.

(2) Subsection 135(2) of Schedule IV to the Regulations is replaced by the following:

(2) Every passenger car and three-wheeled vehicle shall conform to Technical Standards Document No. 135, Light Vehicle Brake Systems, as amended from time to time (hereinafter referred to as TSD 135).

(3) Section 135 of Schedule IV to the Regulations is amended by adding the following after subsection (6):

(7) The word "car" used in sections S6.3.6 and S6.3.7 of the English version of TSD 135 shall be read as "vehicle".

21. The portion of subsection 202(2) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(2) A head restraint shall be provided at each front outboard designated seating position in a multipurpose passenger vehicle, bus or truck with a GVWR of 4 536 kg or less, a three-wheeled vehicle and a passenger car that

22. Section 205 of Schedule IV to the Regulations is amended by adding the following after subsection (5):

(5.1) Any glazing material for use in a three-wheeled vehicle shall meet the requirements specified in the ANSI Z26 Safety Standard—1996 for glazing materials for use in passenger cars.

23. Subsection 206(1) of Schedule IV to the Regulations is replaced by the following:

206. (1) Every enclosed motorcycle, multipurpose passenger vehicle, three-wheeled vehicle, passenger car and truck that is equipped with side doors or back doors shall be so equipped in accordance with Technical Standards Document No. 206, Door Locks and Door Retention Components, as amended from time to time (hereinafter referred to as TSD 206).

24. (1) The portion of subsection 208(1) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

208. (1) Subject to subsections (2.1) and (8) to (10), every vehicle shall be equipped at each front outboard designated seating position with a Type 2 manual seat belt assembly that

(2) The portion of subsection 208(2) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(2) Subject to subsections (3) and (4), every passenger car and three-wheeled vehicle and every truck, bus or multipurpose passenger vehicle with a GVWR of 4 536 kg or less, other than a school bus or motor home, shall be equipped at each forward-facing rear outboard designated seating position with a Type 2 manual seat belt assembly that

(3) Section 208 of Schedule IV to the Regulations is amended by adding the following after subsection (2):

(2.1) Every enclosed motorcycle shall be equipped at each designated seating position with a Type 2 manual seat belt assembly that

(a) has a non-detachable upper torso restraint; and

(b) is capable of adjustment by means of an emergency-locking retractor.

(4) Section 208 of Schedule IV to the Regulations is amended by adding the following after subsection (21):

(21.1) Every three-wheeled vehicle shall, at the option of the manufacturer, either comply with the crash test requirements set out in subsection (22) or display on one or more labels, permanently affixed in view of the front seat occupants, in letters of not less than six points in height, the following statement: "This vehicle does not comply with the requirements of the dynamic crash test set out in CMVSS 208/Ce véhicule n'est pas conforme aux exigences de l'essai de collision dynamique prévu par la NSVAC 208".

(21.2) If the label referred to in subsection (21.1) is displayed in a vehicle, the English and French versions of the owner's manual shall include the statement on the label.

(5) The portion of subsection 208(23) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(23) Subject to subsection (23.1), when a vehicle is tested, it shall be tested

(6) Section 208 of Schedule IV to the Regulations is amended by adding the following after subsection (23):

(23.1) For the purposes of paragraph (23)(a), when a three-wheeled vehicle is tested, it shall be loaded in accordance with paragraph S2.2.1 of Test Method 208 — Occupant Restraint Systems in Frontal Impact (December 1996).

(7) The portion of subsection 208(25) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(25) Passenger cars, three-wheeled vehicles, trucks, buses and multipurpose passenger vehicles may be equipped with a manual air bag cut-off switch to deactivate an air bag installed at the right front outboard designated seating position if

25. (1) Section 210 of Schedule IV to the Regulations is amended by adding the following after subsection (2):

(2.1) Only the strength test requirements set out in subsections (7) to (10) apply to enclosed motorcycles.

(2) Subsection 210(11) of Schedule IV to the Regulations is replaced by the following:

(11) The English and French versions of the owner's manual for a three-wheeled vehicle, passenger car, multipurpose passenger vehicle or truck with a GVWR of not more than 4 536 kg and rear designated seating positions shall contain a statement indicating that children and infants are safer when properly restrained in a child restraint system or infant restraint system secured in a rear seating position.

26. (1) Subsection 210.1(1) of Schedule IV to the Regulations is replaced by the following:

210.1 (1) Subject to subsection (2), this section applies to every passenger car, every three-wheeled vehicle and every multipurpose passenger vehicle and truck with a GVWR of 3 856 kg or less and an unloaded vehicle weight of 2 495 kg or less.

(2) Paragraph 210.1(3)(b) of Schedule IV to the Regulations is replaced by the following:

(b) for each forward-facing designated seating position in the second row of seating positions in a passenger car, three-wheeled vehicle or truck;

(3) The portion of subsection 210.1(6) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(6) Until September 1, 2004, the portion of each user-ready tether anchorage that is designed to bind with the tether strap hook may be located, in a passenger car, three-wheeled vehicle or multipurpose passenger vehicle, within the shaded zone, as shown in Figures 8 to 11, of the designated seating position for which it is installed, with reference to the shoulder reference point of a template described in section 3.1 of SAE Standard J826 (June 1992), if

(4) The portion of subsection 210.1(9) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(9) Until September 1, 2004, every user-ready tether anchorage in a row of designated seating positions in a passenger car or three-wheeled vehicle may, when tested, subject to subsection (10), withstand the application of a force of 5 300 N, which force shall be

(5) The headings of Figures 8 to 11 to section 210.1 of Schedule IV to the Regulations are amended by replacing the words "Passenger Cars" with the words "Passenger Cars, Three-wheeled Vehicles".

(6) The heading of Figure 19 to section 210.1 of Schedule IV to the Regulations is replaced by the following:

Figure 19 — Side View, Optional Tether Anchorage Test for Passenger Cars and Three-wheeled Vehicles until September 1, 2004

27. (1) Subsection 210.2(1) of Schedule IV to the Regulations is amended by adding the following after paragraph (a):

(a.1) three-wheeled vehicle;

(2) Paragraph 210.2(4)(b) of Schedule IV to the Regulations is replaced by the following:

(b) in each of any two forward-facing designated seating positions in the second row of seating positions in a passenger car, three-wheeled vehicle or truck; and

28. The portion of subsection 214(2) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(2) Every side door that is designed to be used for the egress of occupants from a truck, multipurpose passenger vehicle or bus with a GVWR of 4 536 kg or less or from a passenger car or three-wheeled vehicle shall demonstrate the following resistances, calculated in accordance with Test Method 214 — Side Door Strength (November 14, 1996), when tested in accordance with those test methods with the seats removed or installed, at the option of the manufacturer:

29. (1) The portion of subsection 301.1(1) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

301.1 (1) Subject to subsections (3) and (3.1), a vehicle that is equipped with a fuel system that uses LPG as a source of energy for its propulsion shall meet the requirements of subsection (2) when tested in accordance with Test Method 301.1 — LPG Fuel System Integrity (February 8, 2001),

(2) Section 301.1 of Schedule IV to the Regulations is amended by adding the following after subsection (3):

(3.1) A three-wheeled vehicle that is equipped with a fuel system that uses LPG as a source of energy for its propulsion shall comply with the standards referred to in subsection (3).

30. (1) The portion of subsection 301.2(1) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

301.2 (1) Subject to subsections (3) and (3.1), a vehicle that is equipped with a fuel system that uses CNG as a source of energy for its propulsion shall meet the requirements of subsection (2) when tested in accordance with Test Method 301.2 — CNG Fuel System Integrity (February 8, 2001),

(2) The portion of subsection 301.2(3) of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(3) Instead of complying with subsection (1), a vehicle, other than a school bus, that is equipped with a fuel system that uses CNG as a source of energy for its propulsion may comply with section 4 of the version of Canadian Standards Association Standard CSA B109, Natural Gas for Vehicles Installation Code, that is in effect 24 months before the date of the last manufacturing operation performed by the manufacturer who installed the fuel system, as shown on the manufacturer's information label, or the date of manufacture of the completed vehicle, as shown on the compliance label, or a more recent version of that Standard, except that the following requirements do not apply:

(3) Section 301.2 of Schedule IV to the Regulations is amended by adding the following after subsection (3):

(3.1) A three-wheeled vehicle that is equipped with a fuel system that uses CNG as a source of energy for its propulsion shall comply with the standard referred to in subsection (3).

31. Schedule IV to the Regulations is amended by adding the following after section 301.2:

Fuel System Integrity for Three-wheeled Vehicles and Motorcycles (Standard 301.3)

301.3 (1) A three-wheeled vehicle that is equipped with a fuel system that uses a fuel with a boiling point of 0°C or higher as a source of energy for its propulsion shall meet the requirements of SAE Recommended Practice J288, Snowmobile Fuel Tanks (revised version of November 1983), except that section 1 of that Practice does not apply.

(2) For the purposes of this section,

(a) the word "should" in sections 3.2, 3.3 and 4.3 and in the footnote on page 5 of SAE Recommended Practice J288 shall be interpreted as expressing an obligation;

(b) the words "snowmobile fuel" in sections 3.2, 4.3 and 4.5 of SAE Recommended Practice J288 shall be read as "unleaded gasoline"; and

(c) the word "snowmobile" in sections 4.3 and 4.5 of SAE Recommended Practice J288 shall be read as "vehicle".

(3) Subject to subsection (5), a motorcycle that is equipped with a fuel system that uses a fuel with a boiling point of 0°C or higher as a source of energy for its propulsion shall meet the requirements of SAE Recommended Practice J1241, Fuel and Lubricant Tanks for Motorcycles (revised version of November 1999), except that section 1 of that Practice does not apply.

(4) For the purposes of this section,

(a) the words "rated fuel capacity" in SAE Recommended Practice J1241 shall have the same meaning as "vehicle fuel tank capacity" as defined in subsection 2(1) of these Regulations; and

(b) the words "significant effect" in sections 5.2.3 and 5.3.3 of SAE Recommended Practice J1241 shall be read as "any effect resulting in the cracking or leaking of the tank".

(5) Instead of complying with subsection (3), a motorcycle that is equipped with a fuel system that uses a fuel with a boiling point of 0°C or higher as a source of energy for its propulsion may meet the requirements of the following parts of Chapter 6 of Directive 97/24/EC of the European Parliament and of the Council of June 17, 1997 on certain components and characteristics of two or three-wheel motor vehicles, as amended from time to time,

(a) Annex I, except that section 1.0 does not apply; and

(b) Appendix 1 to Annex I, except that sections 2.2 and 4 of that Appendix do not apply.

(6) For the purposes of this section, the words "rated capacity" and "nominal capacity" in Annex I and Appendix 1 to Annex I of Chapter 6 of Directive 97/24/EC of the European Parliament and of the Council of June 17, 1997 on certain components and characteristics of two or three-wheel motor vehicles shall have the same meaning as "vehicle fuel tank capacity" as defined in subsection 2(1) of these Regulations.

(7) Motorcycles that are manufactured before September 1, 2004 need not comply with this section.

32. Section 305 of Schedule IV to the Regulations is amended by adding the following after subsection (1):

(1.1) Every three-wheeled vehicle that uses more than 48 volts of electricity as propulsion power and that has an attainable speed in 1.6 km of more than 40 km/h on a paved level surface shall comply with the requirements of Technical Standards Document No. 305, Electrolyte Spillage and Electrical Shock Protection, except paragraphs S6.2, S6.3, S7.4 and S7.5, as amended from time to time (hereinafter referred to as TSD No. 305).

(1.2) Instead of complying with paragraph S7.2.3 of TSD No. 305, a three-wheeled vehicle, including test devices and instrumentation, shall be loaded to its unloaded vehicle weight, except that the vehicle fuel tank shall be filled to not less than 90 per cent and not more than 95 per cent of the vehicle fuel tank capacity.

33. Schedule IV to the Regulations is amended by adding the following after section 500:

Vehicle Stability

505. (1) Subject to subsection (2), the height of the centre of mass, shown in Figure 1, of a motor tricycle or a three-wheeled vehicle shall not exceed one and a half times the horizontal distance from the centre of mass to the nearest roll axis, shown in Figure 2.

(2) Subsection (1) does not apply to a motor tricycle designed in such a way that it leans during a turning manoeuvre in the same direction as the turn.

(3) The total weight of a motor tricycle or three-wheeled vehicle on all its front wheels, as measured at the tire-ground interfaces, shall be not less than 25 per cent and not greater than 70 per cent of the loaded weight of that vehicle.

(4) The loaded weight of a motor tricycle or three-wheeled vehicle and the location of its centre of mass shall be determined under the following conditions:

(a) the fuel tank is filled to any level from 90 to 95 per cent of the vehicle fuel tank capacity;

(b) a 50th percentile adult male anthropomorphic test device or an equivalent mass is located at every front outboard designated seating position but, if an equivalent mass is used, its centre of mass shall coincide, within 12 mm in the vertical dimension and 12 mm in the horizontal dimension, with a point 6 mm below the position of the H-point as determined by using the equipment and procedures specified in SAE J826 (June 1992), except that the length of the lower leg and thigh segments of the H point machine shall be adjusted to 414 mm and 401 mm, respectively, instead of the 50th percentile values specified in Table 1 of SAE J826; and

(c) adjustable seats are placed in the adjustment position that is midway between the forward-most and rearmost positions and, if separately adjustable in a vertical direction, shall be at the lowest position but, if an adjustment position does not exist midway between the forward-most and rearmost positions, the closest adjustment position to the rear of the midpoint shall be used.

(5) For a motor tricycle or three-wheeled vehicle with one wheel at the front and two wheels at the rear, the horizontal distance from the centre of mass to the nearest roll axis, shown in Figure 2, shall be determined using the equation

d = L sin (arctan (t / 2W))

where

d is the horizontal distance from the centre of mass to the nearest roll axis;

L is the longitudinal distance between the centre of mass and the centre of the front axle;

t is the width of the wheel track of the rear axle; and

W is the wheelbase.

(6) For a motor tricycle or three-wheeled vehicle with two wheels at the front and one wheel at the rear, the horizontal distance from the centre of mass to the nearest roll axis, shown in Figure 2, shall be determined using the equation

d = (W - L) sin ( arctan (t / 2W))

where

d is the horizontal distance from the centre of mass to the nearest roll axis;

W is the wheelbase;

L is the longitudinal distance between the centre of mass and the centre of the front axle; and

t is the width of the wheel track of the front axle.

(7) Motor tricycles manufactured before September 1, 2004 need not comply with this section.

Legend

h is the height of the centre of mass

L is the longitudinal distance between the centre of mass and the centre of the front axle

W is the wheelbase

Figure 1 — Side View

Legend

d is the horizontal distance from the centre of mass to the nearest roll axis

t is the width of the wheel track of the front or rear axle

W is the wheelbase

Figure 2 — Top View

Amendments Coming into Force Immediately after the Coming into Force of Certain Provisions of the Regulations Amending the Motor Vehicle Safety Regulations (Transmission Control Functions)

34. (1) Subsection 102(2.1) of Schedule IV to the Regulations is replaced by the following:

(2.1) If a passenger car, multipurpose passenger vehicle, truck or three-wheeled vehicle has a GVWR of 4 536 kg or less and a transmission control sequence that includes a park position, the transmission control must not be capable of shifting from the park position to the forward or reverse drive position — while a motor used for the vehicle's propulsion is in use — unless the service brake pedal is depressed or the service brakes are otherwise engaged.

(2) Subsection 102(7) of Schedule IV to the Regulations is replaced by the following:

(7) If a passenger car, multipurpose passenger vehicle, truck or three-wheeled vehicle has a GVWR of 4 536 kg or less and is equipped with a manual transmission, a motor used for the vehicle's propulsion must not be started by setting the ignition switch to the position used to start the motor unless the clutch pedal is depressed or the drive train is otherwise disengaged.

MOTOR VEHICLE TIRE SAFETY REGULATIONS, 1995

35. Paragraph 7(2)(a) of the Motor Vehicle Tire Safety Regulations, 1995 (see footnote 2)  is replaced by the following:

(a) the information specified in subsection (1) appears in a publication issued by the Tire and Rim Association, the European Tyre and Rim Technical Organization, the Associacao Latino Americana de Pneus e Aros (Brazil), the South African Bureau of Standards, the Japan Automobile Tire Manufacturers Association or the Tyre Rim Association of Australia; and

COMING INTO FORCE

36. (1) These Regulations, except section 34, come into force on the day on which they are registered.

(2) Section 34 comes into force immediately after the coming into force of subsections 1(2) and (3) of the Regulations Amending the Motor Vehicle Safety Regulations (Transmission Control Functions) (see footnote 3) .

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

This amendment to the Motor Vehicle Safety Regulations serves to:

(a) Introduce a new vehicle class to identify the three-wheeled vehicle (TWV).

(b) Modify the existing classification definition for motorcycles and introduce new motorcycle subclasses to identify the open motorcycle (MC), the enclosed motorcycle (EMC), the limited-speed motorcycle (LSM) and the motor tricycle (TRI).

(c) Introduce two new Canada Motor Vehicle Safety Standards (CMVSS), the first addressing fuel system integrity for TWVs and motorcycles, and the second addressing vehicle stability requirements for TRIs and TWVs.

Background

Under the current Canadian Motor Vehicle Safety Regulations (MVSR), a vehicle designed to travel on three wheels may fall under the prescribed class of motorcycle or passenger car, depending on the vehicle's design characteristics. Currently, most TWVs that are manufactured and sold abroad do not meet the Canadian regulations' definition of a motorcycle. In order to be offered for sale in Canada, those vehicles would have to be classified as a passenger car and be designed and tested to the passenger car CMVSS.

As most vehicles designed to travel on three wheels cannot meet the passenger car safety standards, they have been prevented from entering the Canadian market. The only exceptions are those vehicles based on the motorcycle design, which meet the current motorcycle classification definition and the related safety standards. Manufacturers have approached the Department of Transport (the Department) on several occasions in the past, requesting changes to the MVSR that will provide a more practical opportunity for other vehicle designs to be certified for importation into Canada.

This amendment serves to introduce the TWV class, with attendant safety standards, to better address those vehicles that have many characteristics in common with passenger cars such as a steering wheel to control vehicle direction and foot pedals to control the brakes and throttle. To better address vehicles designed to travel on three wheels that share many design characteristics with the motorcycle, this amendment also serves to introduce the TRI as a subclass of motorcycle, with safety standards specific to the TRIs.

The regulatory requirements for TWVs and TRIs vary throughout the world. The United States National Highway Traffic Safety Administration's motorcycle definition is so broad that it encompasses all vehicles designed to travel on three wheels. In contrast, specific classes have existed in Europe and Australia for over a decade, with safety standards addressing the unique characteristics of TWVs and TRIs.

Separate classifications exist in Europe by way of the European Directives (to which 15 European countries subscribe), and in Australia by way of the Australian Design Rules (ADR). These foreign governments require TWVs and TRIs to meet a combination of motorcycle and passenger car safety standards, as well as safety standards tailored specifically to the TWV and TRI designs.

After reviewing the various world regulatory requirements, the Department has concluded that creating a prescribed class for TWVs is the best means to address the specific safety requirements of these vehicles. The Department believes that the safety features of TWVs can be significantly improved beyond motorcycle safety standards, given the added stability of the vehicle platform.

Therefore, the Department is requiring that TWVs comply with several of the existing passenger car safety standards, which are needed to provide an adequate level of occupant safety. In some instances, the safety standards apply only if the subject equipment is actually fitted on the vehicle. For example, a TWV that is manufactured without a windshield is not required to have windshield wipers.

In addition to the application of several existing passenger car safety standards, the Department is introducing two new CMVSSs that address vehicle stability and fuel system integrity. The stability safety standard is based on a similar Australian requirement. For the fuel system integrity requirement, manufacturers have the option of meeting the prescribed requirements of either the Society of Automotive Engineers (SAE) or the European Directive.

As this amendment makes revisions to the motorcycle safety standards, the Department is also taking this opportunity to address a new type of motorcycle that incorporates advanced safety features, such as seat belts and protective structures. Industry in Europe and Japan is promoting the use of motorcycles with structures extending over the occupants. Manufacturers of these vehicles claim that the added structure and the introduction of a seat belt negate the need for a helmet.

Two-wheeled vehicles incorporating these features do not meet the current Canadian definition for motorcycles. This amendment therefore serves to introduce a new subclass of motorcycle, namely the EMC, to address those motorcycles equipped with a structure that is an integral part of the vehicle chassis and that partially or fully encloses the driver and passenger. EMCs are required to have seat belts to prevent the driver and passenger from striking the vehicle structure in the event of a collision, allowing them to benefit from the protective capability of the structure.

As part of the development of this amendment, the Department worked with motorcycle and TWV manufacturers to determine the most appropriate requirements. With their assistance, the Department completed brake, fuel system integrity and stability compliance tests.

The combination of motorcycle and sidecar has traditionally been classified as a motorcycle under the MVSR, and this does not change. Although the combination of motorcycle and sidecar has three wheels, the sidecar is an accessory that can be installed or removed from the motorcycle at any time without significant alteration to the motorcycle itself. Applying the current motorcycle safety standards to the motorcycle and sidecar combination is consistent with past practices.

More detailed information on this amendment is provided in the following two sections. The first deals with the requirements for vehicles designed to travel on three wheels, and the second describes the amendments to the prescribed class of motorcycle.

Three-wheeled Vehicles and Motor Tricycles

The Department recognizes that vehicles designed to travel on three wheels offer a combination of passenger car and motorcycle characteristics that can best be addressed through specific requirements. As such, the Department is introducing a new vehicle class and a new vehicle subclass with attendant safety standards tailored to their particular characteristics. These are the TWV class, which addresses vehicles with passenger car characteristics, and the TRI subclass of the motorcycle class, which addresses vehicles with motorcycle design characteristics. Among other features, this new classification addresses the stability of the three-wheeled platform.

Under the current MVSR, vehicles designed to travel on three wheels that retain the same basic features as a motorcycle may fall within the definition of a motorcycle. With this amendment, such vehicles are now a subclass of motorcycle, identified as a TRI. The proposed subclass of TRI was restricted to vehicles designed specifically with two wheels at the rear, however, following comments from industry, the Department broadened the criteria to include vehicles designed with either two wheels at the front or two wheels at the rear. The equivalent vehicle classes in Europe and Australia have similar criteria.

As TRIs share basic features with motorcycles, the Department is requiring that TRIs comply with existing motorcycle safety standards and the new fuel system integrity and vehicle stability standards that are introduced in this amendment. With regard to the existing standards, additional requirements are included in CMVSS 108 Lighting System and Retroreflective Devices, following comments by industry to recognize the special needs of conspicuity for TRIs. This includes provisions for wider headlamp spacing and a requirement for front parking lamps and rear tail and stop lamps, located as specified for passenger cars, in order to outline the vehicle's width. This is consistent with the European requirements for front and rear position lamps for TRIs.

Application of the Existing Motor Vehicle Safety Standards to TWVs

Those vehicles that do not fall under the TRI subclass may be classified as TWVs. Unlike TRIs, TWVs have many characteristics in common with passenger cars including a steering wheel and foot pedals for the control of the brakes and throttle. TWVs also commonly have doors, a windshield and seats. These characteristics make the application of many of the passenger car safety standards appropriate for TWVs, which also offer significantly greater occupant protection than afforded by motorcycles.

The TWV is defined as a vehicle that:

•  is designed to travel on three wheels in contact with the ground;

•  has up to four designated seating positions; and

•  has a gross vehicle weight rating of 1,000 kg or less.

TWVs are required to conform to several of the current passenger car safety standards. Certain standards are excluded because they are not applicable to TWVs. In addition, certain safety standards apply only if the subject equipment is fitted to the vehicle. For example, some TWVs are not equipped with a windshield; therefore, CMVSS 103 Windshield Defrosting and Defogging, and CMVSS 104 Windshield Wiping and Washing do not apply.

The design and operating characteristics of a vehicle have an important influence on the selection of applicable safety standards. As a result, different safety standards have been developed for different vehicle classes. The rationale for some of the safety standards selected for TWVs is described below.

Controls and Displays

Driving a vehicle designed to travel on three wheels does not require the level of skill or training that is needed to operate a motorcycle, and so these vehicles are likely to be more accessible to the general public. Therefore, it is important that the controls and displays be standardized to promote driver familiarity.

Passenger car controls and displays are more standardized than those of motorcycles. Providing unfamiliar controls, or a combination of motorcycle and passenger car controls, could lead to operator errors and thus collisions. To minimize the potential for driver error due to unfamiliar controls, the Department is requiring that TWVs meet the passenger car requirements for the location and identification of controls and displays (i.e., CMVSS 101).

Brake Systems

The brake safety standards for motorcycles (CMVSS 122) and passenger cars (CMVSS 135) are different. To determine which is more appropriate for TWVs, the Department tested an existing TWV to both procedures. The vehicle in question complied with the requirements of both safety standards.

The passenger car safety standards better address the brake systems for vehicles with more than two wheels in contact with the ground and operated by a single foot pedal control. The Department is therefore requiring that TWVs comply with CMVSS 135.

Occupant Protection

Motorcycles offer no crash protection for the rider, can easily tip over in a crash, and will likely cause greater injury if the rider stays with the motorcycle as it tumbles. The TWV design can offer occupant safety characteristics that motorcycles cannot provide. The TWV platform is suitable for occupant crash protection requirements similar to those of passenger cars.

Seat belts provide the best means of reducing occupant injury and death in motor vehicle crashes. The Department is therefore requiring that seat belts be installed in all designated seating positions in TWVs and that TWVs meet the requirements of CMVSS 210 Seat Belt Anchorages, CMVSS 209 Seat Belt Assemblies and portions of CMVSS 208 Occupant Restraint Systems in Frontal Impact.

The Department is not aware of any countries that require TWVs to meet occupant restraint performance requirements through dynamic crash tests. Therefore, the Department has provided manufacturers the option of complying with the dynamic crash test described in CMVSS 208, under the heading Crash Protection Requirements, or alternatively of displaying a permanent label in full view of the front seat occupants, stating: "This vehicle does not comply with the requirements of the dynamic crash test set out in CMVSS 208/Ce véhicule n'est pas conforme aux exigences de l'essai de collision dynamique prévu par la NSVAC 208". TWVs are required to conform to all other aspects of CMVSS 208, including the requirement for three-point seat belts at all outboard seating positions.

As part of the occupant crash protection measures, the Department has included a dynamic frontal crash test to limit the steering column intrusion into the passenger compartment in the event of a crash. This is to be accomplished by a 48 km/h frontal impact in accordance with the requirements of CMVSS 204 Steering Column Rearward Displacement. Following testing to CMVSS 204, the steering column must not penetrate into the passenger compartment in excess of 12.7 cm. This requirement is similar to a steering column displacement standard required in Australia.

In further harmony with Australia, this amendment exempts TWVs from the following passenger car safety standards: CMVSS 212 Windshield Mounting, 213.4 Built in Child Restraint Systems and Built-in Booster Cushions, 215 Bumpers, 216 Roof Intrusion Protection, 219 Windshield Zone Intrusion, and 201 Occupant Protection.

Following the introduction of TWVs into the Canadian market, the Department will monitor their safety record to determine whether any of the excluded passenger car safety standards should be reconsidered, and whether any new safety standards are needed.

Electrolyte Spillage

The current CMVSS 305 addresses electrolyte spillage and electrical shock protection by way of dynamic crash tests involving the front, side and rear of the vehicle. Following comments to the proposed amendment, the Department has included a requirement that TWVs utilizing electricity for propulsion power meet only the frontal barrier crash portion of CMVSS 305. Compliance can be demonstrated in parallel with CMVSS 204 Steering Column Rearward Displacement, and should therefore not cause significant financial burden to the manufacturer.

New Motor Vehicle Safety Standards

As part of this amendment, the Department is introducing the following two new safety standards: fuel system integrity requirements for TWVs and motorcycles, and a safety standard addressing the stability of the TWV and TRI designs. The fuel system integrity requirements are intended to limit fuel spillage in the event of a tip-over or collision, thereby reducing the risk of injury and death resulting from fires. The vehicle stability requirements are intended to reduce the propensity of TWVs and TRIs to roll over.

New Fuel System Integrity Requirements for TWVs

The current fuel system integrity safety standard for liquid-fuelled passenger cars, CMVSS 301, includes dynamic crash tests involving the front, side and rear of the vehicle. Given the unique characteristics of TWVs, the Department is introducing a new safety standard under the heading CMVSS 301.3 Fuel System Integrity for Three-wheeled Vehicles and Motorcycles.

Under the safety standard CMVSS 301.3, TWVs must comply with the SAE Recommended Practice SAE J288, entitled "Snowmobile Fuel Tanks," which is also suitable to TWVs. The testing requirements are valid for either plastic or metallic fuel tanks. Amongst other requirements, the fuel tank must pass pressure, impact resistance, permeability and stress crack testing requirements.

The Department worked with a Canadian TWV manufacturer to conduct the SAE tests on their vehicle's fuel system. While the subject fuel tank failed the drop test, it successfully passed the remaining testing requirements. In the Department's opinion, the design change needed for the tank to pass the drop test would not be extensive and would significantly improve safety. The testing was completed at a private testing facility and cost $11,000. It is expected that some TWV manufacturers would have sufficient facilities to complete their own testing at substantially less cost. The Department expects that such testing will not cause a financial burden to any TWV manufacturer.

TWVs fuelled with liquefied petroleum gas (LPG) or compressed natural gas (CNG) must comply with a portion of the current passenger car fuel system integrity requirements specified in CMVSS 301.1 for LPG and CMVSS 301.2 for CNG vehicles. In lieu of crash tests with a collision barrier, TWVs incorporating LPG or CNG fuel systems are required to meet the applicable Canadian Standards Association codes and standards incorporated into each of these safety standards.

New Fuel System Integrity Requirements for Motorcycles

As part of this amendment, the Department is also introducing new fuel system integrity requirements for motorcycles. The requirements are included in CMVSS 301.3 Fuel System Integrity for Three-Wheeled Vehicles and Motorcycles.

Under this safety standard, all vehicles classified as a motorcycle (including the subclass of TRI) are required to comply with either SAE Recommended Practice SAE J1241, entitled "Fuel and Lubricant Tanks for Motorcycles", or the European Union performance requirements provided in Chapter 6 of European Directive 97/24/EC, entitled "Fuel Tanks of Two and Three-Wheel Motor Vehicles". The Department has chosen to apply these existing testing requirements because they are appropriate for motorcycles.

SAE J1241 includes requirements for testing motorcycles' metallic and non-metallic fuel tanks. Amongst other requirements, the fuel tank must pass leakage, pressure, exposure (non-metallic tanks) and impact tests. As part of the development of this amendment, the Department conducted the SAE tests on an example motorcycle metallic tank. The tank passed all of the requirements. However, during the motorcycle test selection process, the Department became aware that some motorcycle models would not meet the SAE requirements due to excessive fuel leakage through the fuel cap. Redesign of some models' fuel systems will be required in order to meet the safety standard.

Following consultations with the motorcycle manufacturing industry, the European Directive was added as an alternative to the SAE recommended practice. The industry noted that the option of complying with the European test would benefit many manufacturers, as they currently test motorcycles for the European market to this requirement. Since the two sets of requirements are closely aligned, the Department accepts compliance with either the European Directive or the SAE recommended practice.

The Department's research included fuel system integrity testing to the SAE requirements at a contractor's facility, at a cost of under $16,000. It is expected that some motorcycle manufacturers would have the necessary facilities to complete their testing at substantially less cost. The Department anticipates that such testing will not cause a financial burden to any motorcycle manufacturer. It is the Department's understanding that several motorcycle manufacturers currently test fuel system integrity to both the SAE recommended practice and the European Directive.

New Stability Requirement for Three-Wheeled Vehicles and Motor Tricycles

Since 1989, the Department has had an agreement with vehicle manufacturers and importers to cease the importation and sale of three-wheeled all-terrain vehicles due to their high propensity to roll over. Depending on their configuration, TWVs and TRIs for road use may be similarly prone to roll over. To address this potential problem, the Department is introducing a new safety standard under the heading CMVSS 505 Vehicle Stability. This safety standard applies to all TWVs and TRIs intended for use on public highways.

The vehicle stability requirement is based on the Australian Design Rule ADR 42/03. In this rule, vehicle stability is assessed based on the calculated ratio of the height of the vehicle's centre of mass to its horizontal distance from the vehicle roll axis, referenced below as the static stability ratio. Application of this standard will prevent inherently unstable vehicles from entering the Canadian market.

The Department evaluated the requirements of stability standard CMVSS 505 using two TWVs from different North American manufacturers, both vehicles designed with two wheels at the front. These vehicles were also subjected to dynamic stability tests for the purpose of comparing actual vehicle handling performance with the results obtained from the static measurements. In the first dynamic test, the maximum lateral acceleration was measured while driving the vehicles in a constant radius circle. In the second, the vehicles were driven through an emergency lane change manoeuvre.

One of the two TWVs failed the static stability ratio requirement of CMVSS 505. When put through the dynamic tests, that vehicle became unstable by lifting one wheel off the ground and would likely have tipped over had corrective action not been taken. The vehicle that passed the static measurement requirement did not lift a wheel at the limit of control, but rather skidded sideways and came to rest without tipping over.

These results helped to validate the static measurement safety standard that Australia has utilized over the past decade to deal with TWVs. Compliance with this safety standard can be demonstrated at a minimum cost. The Department believes that most operators will expect their TWV to perform in much the same way as a small passenger car. Passenger cars characteristically skid laterally rather than roll at the limit of cornering adhesion. Thus, this new safety standard is needed to ensure an adequate level of stability for the TWV.

Following comments from the industry, the static measurement requirement was also evaluated on a TRI designed with two wheels at the rear. Under ADR 42/03, vehicles designed with two wheels at the rear, such as most TRIs, are required to meet a more stringent static stability ratio than vehicles designed with two wheels at the front. The test vehicle failed the static stability ratio requirement of ADR 42/03 for two wheels at the rear, and was just shy of meeting the ratio that is required of vehicles designed with two wheels at the front. The Department expects that major modifications would be required to have the vehicle meet the Australian requirement for TRIs with two wheels at the rear.

The TRI was evaluated to the same dynamic tests as were the TWVs. That is, the vehicle's handling performance was measured while driving in a constant radius circle and through an emergency lane change manoeuvre. The vehicle did lift one wheel at the limit of steering control in both tests; however, this occurred at a relatively high speed and under significant lateral acceleration.

Unlike the TWV, which is a completely new vehicle class in Canada, the TRI has been present on Canadian roadways for 20 or more years, classified as a motorcycle. The stability issue that existed with off-road three-wheeled all-terrain cycles did not surface with the TRI. Given the absence of a known stability issue and the effort required to cause one wheel to lift off the ground, as observed in our dynamic tests, the Department feels that adopting the static stability ratio for vehicles designed with two wheels at the front would also be appropriate for vehicles designed with two wheels at the rear. The subject TRI fell just shy of meeting this ratio, and the Department expects that the vehicle would be required to undergo only minor modifications to meet this requirement.

Industry further commented that the static stability requirement would discriminate against the TRI that offers the leaning characteristics of a two-wheeled motorcycle in a turning manoeuvre. The Department recognizes the benefits of such leaning characteristics and, therefore, such vehicles need not meet the static stability requirement. Neither the Department nor the industry is aware of a suitable dynamic stability alternative to the static stability requirement. The Department will continue to review and assess alternatives for a dynamic stability requirement. When such an alternative is proven effective or if a need is identified, the Department will not hesitate to amend the existing standard.

Finally, in order to assure a reasonable level of traction to facilitate steering and to prevent a front wheel from becoming airborne under acceleration or while ascending steep slopes, the Department has included the requirement that the front wheel or wheels must carry between 25 and 70 percent of the loaded vehicle weight. This criterion is based on an existing requirement in the province of Quebec, to resolve controllability issues with these types of vehicles.

Alternatives - Three-Wheeled Vehicles and Motor Tricycles

The Department reviewed several alternatives prior to completing this amendment. The alternatives included maintaining the status quo of requiring TWVs to meet all passenger car safety standards and TRIs to meet all motorcycle safety standards; classifying TWVs as passenger cars; creating a subclass of passenger cars for TWVs; revising the motorcycle definition to include TWVs; and creating one common class for all vehicles designed to travel on three wheels, with subclasses for TWVs and TRIs.

The alternative of maintaining the status quo was rejected. Currently, TWVs must meet all of the passenger car requirements before they can be sold or imported into Canada. This has resulted in no TWVs being imported or marketed across Canada. Creating a new vehicle class with related safety standards provides a more practical option for the introduction of TWVs, which can offer occupants a level of safety and protection unattainable on two-wheeled motorcycles. The same is true for the TRIs, whereby a superior level of occupant safety can best be addressed through the creation of a specific vehicle subclass.

The alternative of classifying TWVs as passenger cars is only slightly different from maintaining the status quo, and was similarly rejected. No TWV has ever been marketed as a passenger car in Canada or is known to have met passenger car safety standards. In order to meet those safety standards, TWVs would have to be radically redesigned, which would likely result in the elimination of the three-wheeled layout in favour of a four-wheeled design. The new class of vehicle addresses the unique characteristics of the TWV rather than impose significant redesign, giving manufacturers a realistic option to design and market such vehicles for Canada.

The alternative of creating a subclass of passenger cars was also rejected. TWVs are unique in their design and characteristics, and the Department believes their effective regulation can be better achieved through the creation of a specific vehicle class.

The Department rejected the alternative of revising the motorcycle definition to include TWVs because it would not exploit potential safety benefits offered by the design. TWVs are sufficiently different in design from motorcycles that specific safety standards are required. As previously noted, occupants of TWVs remain belted in the vehicle during a collision and thus, additional occupant protection safety requirements are needed.

Finally, in accordance with comments received from stakeholders, the Department rejected the alternative of creating one class for all vehicles designed to travel on three wheels, with subclasses for TWVs and TRIs. With respect to the TRI, manufacturers as well as some provinces expressed concern over issues such as licensing and cross-border trade. Introducing the TRI as a subclass of motorcycle, while maintaining the additional safety benefits afforded by vehicles designed to travel on three wheels, provides the best solution.

Benefits and Costs - Three-Wheeled Vehicles and Motor Tricycles

The addition of the TWV class and attendant safety standards serves to address a vehicle design that is currently practically non-existent across Canada. The addition of the class provides manufacturers the opportunity to develop TWVs with the benefit of occupant crash protection that motorcycles cannot provide, but without having to comply with safety standards designed for passenger cars. This provides manufacturers with the option to meet realistic, attainable safety standards, and to be able to market their product in Canada. In the same way, the addition of the motorcycle subclass of TRIs serves to improve the existing safety standards applicable to that vehicle.

TWV manufacturers will incur the costs of tests to verify compliance with the new requirements for fuel system integrity and vehicle stability. Based on the Department's research, the combined costs would be less than $20,000 if the work is contracted and significantly less if the manufacturer could complete the work. These costs are not expected to be a significant burden for manufacturers.

The additional costs to TRI manufacturers may be significantly less than for the TWVs, as TRIs are generally manufactured starting with a complete motorcycle that has already met the relevant fuel system integrity requirement, saving this additional cost. It is not expected that the revised vehicle stability requirement will cause a burden to the TRI manufacturers.

TRIs were not previously recognized as a vehicle type, therefore, the Department does not have any record of motor vehicle accident frequency involving this type of vehicle. As no TWVs are available on the Canadian market and TRIs were previously classified as motorcycles, the Department is not able to fully assess the costs and benefits of this amendment. The Department did not receive any comments of concern with respect to additional costs to the manufactures.

This amendment is not expected to have any negative impact on the environment, and may have a positive impact. As some vehicles are electrically driven, there may be environmental savings if Canadians purchase electrically driven TWVs or TRIs to replace fossil fuelled vehicles. In addition, fossil fuelled TWVs and TRIs are generally lightweight and more fuel and space efficient than passenger cars thus potentially reducing overall fuel consumption, noise levels and the space devoted to vehicle parking.

Motorcycles

This amendment introduces a revised classification definition for motorcycles, as well as new subclasses of motorcycle to identify MC, EMC, LSM and TRI. These subclasses are necessary to better address the safety requirements for each type of motorcycle.

The general motorcycle classification definition establishes common criteria between each motorcycle subclass. This general motorcycle definition applies to a vehicle that:

•  is designed to travel on not more than three wheels in contact with the ground;

•  has a minimum wheel rim diameter of 250 mm; and

•  has a minimum wheelbase of 1,016 mm.

In addition to these general criteria, the vehicle must meet the criteria from one of the four motorcycle subclasses (MC, EMC, LSM or TRI). For example, the subclass of MC addresses the two-wheeled vehicle previously classified as a motorcycle. A vehicle may be classified as an MC provided it meets the general motorcycle definition and in addition:

•  has steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground;

•  is designed to travel on two wheels in contact with the ground;

•  has a minimum seat height of 650 mm when the vehicle is unladen; and

•  does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest.

In the same way, a vehicle designed to travel on three wheels and that was previously classified as a motorcycle may now be classified as a TRI, provided it meets the general motorcycle definition and in addition:

•  has seating on which all occupants must sit astride;

•  has no more than four designated seating positions;

•  has a GVWR of 1 000 kg or less; and

•  does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest.

Following industry comments, the subclass of TRI now includes vehicles with either two wheels at the front or two wheels at the rear. The current criterion that a motorcycle has "steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground" does not apply to TRIs.

This amendment also introduces a new subclass of two-wheeled motorcycle for vehicle designs that include a structure that is an integral part of the vehicle chassis that partially or fully encloses the occupant space. Manufacturers in Europe and Japan are marketing motorcycles with overhead canopies and seat belts, providing a combination of car-like rider comfort and protection with parking space savings. Prior to this amendment, such vehicles could not be marketed in Canada because the motorcycle criteria excluded vehicles with a structure that enclosed the driver and passenger.

This new subclass of motorcycle, called an EMC, is required to conform to the traditional motorcycle safety standards, plus additional safety standards depending on the vehicle structure and design. In a collision, the occupant of an EMC, unlike the traditional motorcycle rider, can be subject to trauma and injury resulting from impact with the surrounding vehicle structure. Being contained, the occupant will also be more vulnerable to any resultant fuel spillage. Consequently, appropriate measures must be in place to better protect the EMC rider from avoidable hazards.

As part of the research in developing this amendment, the Department met with officials of one manufacturer of an EMC. The manufacturer shared highlights of the research and testing behind some of the safety features incorporated in the vehicle's design, which provided a reference for establishing requirements for this subclass.

With a view to improving on the traditional motorcycle safety standards, the subclass of EMC is required to comply with selected passenger car safety standards pertaining to occupant restraint. Occupant restraint systems are required to prevent the occupant from impacting the vehicle structure during a collision. Accordingly, the Department is requiring that each seating position within an EMC be equipped with a three-point seat belt, that the seat belt assemblies meet the requirements of CMVSS 209 and that the seat belt anchorages meet the strength requirements of CMVSS 210. Additional safety standards may be applicable if the vehicle in question is fitted with the specific equipment addressed in that standard. For example, an EMC equipped with door locks is required to comply with CMVSS 206 Door Locks and Door Retention Components.

Finally, for the purpose of improving the clarity of the MVSR, the subclass of LSM is also introduced with this amendment. The safety standards currently applicable to the LSM remain unchanged.

As previously noted, this amendment also introduces new fuel system integrity requirements for motorcycles. The requirements are those specified in the SAE Recommended Practice SAE J1241, entitled "Fuel and Lubricant Tanks for Motorcycles", or alternatively Chapter 6 of European Directive 97/24/EC. Both sets of requirements will be incorporated by reference into CMVSS 301.3. These standards require that motorcycle fuel tanks pass leakage, pressure, exposure (non-metallic tanks) and impact tests. The Department conducted the SAE tests on an example motorcycle fuel system (with a metallic tank), and all tests were successfully passed. However, during the motorcycle test selection process, the Department became aware that some models would not pass either the SAE or European Directive requirements due to excessive fuel leakage through the fuel cap.

Alternatives - Motorcycles

The Department considered two alternatives prior to completing this amendment. The alternatives were to maintain the status quo or to broaden the motorcycle definition to include those motorcycles equipped with an overhead structure.

The alternative of maintaining the status quo was rejected because the existing motorcycle definition can be open to interpretation. At present, vehicles with a structure that passes over the occupant space could be classified as either a motorcycle or a passenger car. Such vehicles could not possibly meet passenger car requirements. If these vehicles were considered motorcycles, the overhead structure could cause significant injury to an unrestrained rider in a collision.

An overhead structure can represent a significant hazard to a rider involved in a collision unless that rider is securely belted. For this reason, it is the Department's opinion that seat belt assemblies should be in place in such vehicles. Since occupant restraint systems are inappropriate for the traditional motorcycle design, a clearly defined subclass of motorcycle is required to ensure that EMCs are equipped with the necessary occupant restraint systems.

The alternative of expanding the definition of a motorcycle to include motorcycles with an overhead structure, similar to the U.S. definition, was rejected. Such a broad definition would allow the EMC to be imported into Canada without having to meet the additional safety standards needed to minimize the potential for occupant contact with the enclosure.

Benefits and Costs - Motorcycles

The addition of the subclass of EMCs and attendant safety standards is intended to address a new vehicle design not currently available in Canada. Given the absence of such vehicles in Canada, there is insufficient data to assess the benefits and costs of this amendment.

The addition of the EMC subclass gives manufacturers the opportunity to market vehicles that provide better occupant crash protection than the traditional motorcycle, but without having to comply with all of the safety standards applicable to the passenger car. This will provide manufacturers the option to meet attainable safety standards, and to market their product in Canada.

During the development of this regulatory amendment, the Department reviewed the injury statistics for motorcycles involved in collisions where there was a fire. Collision data revealed that in the years from 1988 to 1999 inclusive, fires or explosions were associated with 164 motorcycle collisions (an average of almost 14 per year). Of those, 98 were single motor vehicle collisions. Motorcycles are inherently unstable vehicles, and when they tip over they normally come to rest on one side. Fire can occur if the fuel escapes from the fuel reservoir or the fuel delivery system. Escaping fuel is of particular concern in respect of motorcycles, given the proximity of the fuel reservoir to hot engine components that could ignite fuel vapours. There is further concern that the escaping fuel could spray onto the motorcycle rider(s). Because of the risk of fire, reasonable safety systems should be in place to prevent fuel leakage.

As previously noted, the Department conducted the SAE tests on an example motorcycle metallic tank. While that tank successfully passed all of the requirements, the Department is aware of some models that would not pass the SAE requirements, or the European Directive, due to excessive fuel leakage through the fuel cap. Redesign of some models' fuel systems will be required to meet the new fuel system integrity safety standard CMVSS 301.3. This new testing requirement will improve the fuel system integrity of motorcycles and thus reduce the likelihood of fire-related injuries.

The testing to the SAE requirements was completed at a contractor's facility for a cost of less than $16,000. Some manufacturers would be capable of completing this testing at their facilities at a significantly reduced cost. Manufacturers' models destined for the world market may already meet the necessary certification testing as the regulation will recognize either the SAE recommended practice or the European Directive. The Department does not expect this amendment to cause a financial burden for motorcycle manufacturers.

This amendment is not expected to have any negative impact on the environment, and it may have a positive impact. The introduction of EMCs into the Canadian market may lead some Canadians to purchase an EMC in lieu of a passenger car. Should this be the case, there is a potential for reducing fuel consumption and the space devoted to vehicle parking.

Consultation

Notice of the Department's intention to make this amendment was pre-published in the Canada Gazette, Part I, on August 17, 2002, and a 75-day consultation period was allotted. In this pre-publication, the Department requested that commenters indicate their level of acceptance of a TWV class that would provide better occupant protection than a motorcycle, but less than a passenger car. The Department further encouraged comments on the costs, benefits and potential effects of this amendment.

In response to the comments received, the Department conducted further consultations with stakeholders to obtain their opinions on vehicle classification, definitions and technical details, including their views on how to deal with the vehicle stability and the fuel system integrity requirements. A summary of these comments follows.

Comments on vehicle classification and technical definitions

In the pre-publication of the amendment, it was proposed that the TWV class include separate subclasses for TRIs and three-wheeled passenger vehicles (TWPV). Lehman Trikes Inc. commented that the TRI should remain in the motorcycle class, with which it shares most safety standards.

The TRI shares many characteristics with the two-wheeled motorcycle and must therefore meet most motorcycle safety standards. Additional lighting and stability requirements are necessary to address those few characteristics that differ between the TRI and the two-wheeled motorcycle. Most other TWVs are required to meet a different set of safety standards that are a subset of the passenger car safety standards. Although both types of vehicle are designed to travel on three wheels, they share very few design characteristics. Given the origin of the TRI and the safety standards that apply, the Department agreed with Lehman Trikes Inc. that the TRI would be better served as a subclass of motorcycle. This was addressed by keeping the current criteria that a motorcycle is a vehicle that "is designed to travel on not more than three wheels in contact with the ground".

With respect to the proposed subclass of TWPV, the Quebec government suggested that the name be changed because the term "passenger vehicle" might imply that this vehicle has complied with the more stringent safety standards that are applicable to a passenger car. As a result of reclassifying TRIs as a subclass of motorcycle, there was no longer a need for subclasses of TWVs. Therefore, vehicles previously classified in the proposed amendment as TWPVs are reclassified as TWVs, and the TWV class has no related subclasses.

The proposed subclass of TRI was restricted to vehicles designed specifically with two wheels at the rear. Bombardier commented that the criteria should also include vehicles with two wheels at the front. In harmony with Europe and Australia, and given the vehicle stability safety standard introduced herein, the Department broadened the criteria of TRIs to include vehicles designed with either two wheels at the front or two wheels at the rear. With this change, the general criterion that a motorcycle has "steering handlebars that are completely constrained from rotating in relation to the axle of only one wheel in contact with the ground" no longer applies to TRIs. Therefore, this criterion has been made applicable only to the other motorcycle subclasses. This steering criterion will continue to apply to the subclasses of MC, EMC and LSV until a need to do otherwise is established.

The Ontario government expressed the concern that the proposed TWV class and subclasses would cause confusion with licensing requirements for vehicle subclasses for each of the provinces and territories, and when transporting or driving these vehicles across the U.S. border. With the reclassification noted above, the Department believes this confusion will be alleviated.

The company Feel Good Cars Inc. commented that the Department should allow for an additional class of vehicle to address lightweight vehicles having four wheels. Such vehicles are operated in Europe and are classified as quadricycles, having maximum engine power limitations of 15 kW and a maximum unladen mass of 400 kg. The company suggested that in order to meet the proposed standard, manufacturers of small four-wheeled vehicles might make modifications to transform their product to travel on three wheels, thereby compromising the stability afforded by the four-wheel design.

The introduction of a new four-wheeled vehicle class does not fit within the scope of this amendment. The European quadricycle can be driven at speeds well above 100 km/h while utilizing less than the 15 kW power limitation. Given the possible vehicle speeds, the Department feels that such vehicles should be classified as passenger cars and be subject to the associated safety standards. Alternatively, the Department has the low-speed vehicle (LSV) class, which addresses vehicles that are designed to travel on four wheels, are powered by an electric motor, produce no emissions and have a maximum attainable speed of 40 km/h. LSVs are subject to additional basic equipment requirements but are not burdened with the stringent safety standards applicable to passenger cars.

With the introduction of the EMC, one commenter requested that the Department consider a class for enclosed motor tricycles. The Department is not aware of any such vehicle design and chooses to keep this suggestion for future consideration. In the meantime, the Department will monitor the safety record of the new vehicle classes and subclasses described herein. The experience and data gained will lead to better safety standards for future vehicle classes.

Comments on the new vehicle stability requirement (CMVSS 505)

Lehman Trikes Inc. commented that the proposed vehicle static stability requirement for TRIs was too stringent. The Department conducted stability tests on a TRI supplied by Lehman and found that the vehicle would require significant modification to meet the proposed static requirement.

TWVs built on a motorcycle chassis have been operated for 20 or more years on Canadian roadways, classified as a motorcycle. There was a stability issue with the off-road all-terrain three-wheeled motorcycles many years ago; however, the Department is not aware of such an issue with the three-wheeled motorcycles designed for on-road use. Given the absence of a vehicle stability issue and as a result of the comparison tests conducted by the Department, the Australian criteria were revised slightly. All vehicles designed to travel on three wheels must now meet the same criteria, whether they are designed with two wheels at the front or two wheels at the rear. The TRI that was tested will still require adjustments to meet the revised stability criteria; however, the Department expects that these will be minor.

Lehman Trikes Inc. also indicated that a dynamic test would be best suited to measure the stability performance of a vehicle. Similarly, Harley-Davidson requested that the static stability requirement be deleted from the MVSR, commenting that this was design restrictive and the MVSR should be performance oriented. They provided an example of a prototype TWV with an articulated chassis, which combined the beneficial lean aspects of the motorcycle to assist with steering manoeuvres. The Department is aware of other such vehicles; however, the Department is unaware of a suitable alternative and neither Harley-Davidson nor Lehman Trikes Inc. were able to offer an alternative to the proposed static stability requirement.

The static stability requirement would not take into account vehicle designs that incorporate the leaning characteristics of a two-wheeled motorcycle in steering manoeuvres. The Department recognizes the benefits of such leaning characteristics and, therefore, TRIs designed to lean need not meet the static stability requirement. The Department will continue to review and assess requirements for a dynamic stability option. When such an alternative is proven effective or if a need is identified, the Department will not hesitate to amend the existing standard. For all other vehicles designed to travel on three wheels, the Department believes that it is necessary to have a stability requirement in place to assure a minimum level of safety for the vehicle operators, and is therefore maintaining the requirement within this amendment.

Based on past experience with TWVs and TRIs, the Société de l'assurance automobile du Québec requested that limits be set to address front to rear weight distribution requirements. Vehicles that are too light or too heavy at either end can cause loss of vehicle control while braking, accelerating or steering, or while travelling on sloped roadways. Based on existing vehicle designs, the Department has agreed to implement such a requirement, such that between 25 and 70 percent of the total loaded vehicle weight must be located on the vehicle's front wheel(s).

The proposed test procedures for assessing vehicle stability require the presence of an occupant at every front outboard seating position, with the centre of mass located within a specific distance of the seating H-point. During the evaluation of the criteria, the Department observed that it was unrealistic to require determination of the seating H-point for seats that occupants must straddle (i.e., TRIs). Therefore, the alternative of utilizing a 50th-percentile adult male anthropomorphic test device (ATD) was added.

Also as a result of comments, the position of adjustable seats has been specified for the determination of the loaded weight and location of the centre of mass of a TWV or a TRI.

Comments on the new fuel system integrity requirement (CMVSS 301.3)

The Motorcycle and Moped Industry Council (MMIC) repeated concerns expressed in an earlier correspondence, dated June 13, 2002, that a fuel system integrity requirement for motorcycles would provide no foreseeable safety benefits to consumers. The MMIC and Harley-Davidson also stated that SAE Recommended Practice J1241, "Fuel and Lubricant Tanks for Motorcycles" is not suitable for such a safety standard.

The Department believes that it is extremely important that fuel be contained in the tank during and after a collision, and expects that the cost of completing the fuel system integrity testing should not overburden manufacturers. As a result of comments received from the motorcycle industry, and given the fact that the European Union performance requirements align closely with the SAE requirements, the Department has included European Directive 97/24/EC, "Fuel Tanks of Two and Three-Wheel Motor Vehicles" as an alternative to SAE J1241.

Despite contesting the safety benefits, the MMIC and Harley-Davidson were agreeable to the new fuel system integrity standard provided the alternative of complying with the European Directive is offered.

Comment regarding electrolyte spillage

The Ontario government expressed concern at the absence of safety standards addressing the possible hazards related to the power supply of electric-powered vehicles. The Department agrees that a requirement would be beneficial, and has modified the proposal such that TWVs be required to meet the frontal barrier crash portion of CMVSS 305 Electrolyte Spillage and Electrical Shock Protection. These vehicles are exempt from the rear and side impact tests of CMVSS 305. Requiring TWVs to comply with only part of CMVSS 305 enables manufacturers to assure compliance without substantial extra testing costs, as this requirement can be verified during the same frontal crash test required by CMVSS 204.

Comment on vehicle lighting (CMVSS 108)

The Department was asked to review the lighting requirements for the TRI and TWV in order to address the special needs for such vehicles. As is the case for any vehicle, lighting requirements are intended to enhance operator night vision and to increase vehicle conspicuity for other road users.

The proposed lighting standard for the TRI was the same as for motorcycles, consistent with past practices. The Department recognizes that the wider body of the TRI may accommodate wider headlamp spacing and, therefore, has provided the alternative of allowing TRIs to meet the passenger car requirement for the horizontal installation location of headlamps.

In further recognition of the wider body of the TRI, the Department is requiring lighting to outline the vehicle's width. This conspicuity lighting is an important vehicle safety feature that is particularly useful for vehicles travelling at night or under reduced visibility conditions. If the overall vehicle width is not illuminated, a pedestrian, cyclist or other vehicle driver could inadvertently pass too close, resulting in a collision. To help prevent such an event, the Department requires the installation of front parking lamps, tail lamps and rear stop lamps on TRIs, located as specified for passenger cars. This is consistent with the European requirements for front and rear position lamps for TRIs.

With respect to the headlamp installation height requirements on TWVs and TRIs, it is imperative that all headlamps be installed not less than 559 mm (22 inches) and not more than 1,372 mm (54 inches) above the road surface, to assure sufficient forward visibility without blinding oncoming vehicles. Therefore, the Department maintains the height requirement prescribed in CMVSS 108.

Comments dealing with the vehicle windshield

The Quebec government requested that the windshield defrosting and defogging requirements, CMVSS 103, not be applicable to TWVs, claiming that these requirements may lead manufacturers to design vehicles without windshields. It is the Department's position that the absence of such a standard could make matters worse, as drivers would likely attempt to operate their vehicle when only a small area of frosted windshield had cleared, thus endangering themselves and other road users. The Department believes that the defrost and defog requirements are essential to the safety of all road users and keeps this requirement for TWVs equipped with a windshield.

One commenter requested that CMVSS 103 Windshield Defrosting and Defogging, CMVSS 104 Windshield Wiping and Washing System, and CMVSS 212 Windshield Mounting be applicable to vehicles with full windshields only, and that vehicles with windshields that end below the driver's line of sight be required to meet only CMVSS 212. It would be impractical to base these requirements on the height of the windshield, as driver eye heights vary significantly. TWVs remain exempt from CMVSS 212, consistent with the present Australian Design Rules. The Department will monitor the safety record of these vehicles and will bring changes to the safety standards if a need is identified.

Comments specific to the three-wheeled vehicle class

The Ontario government expressed a concern that there may be a potential increase in fatalities because the TWV class does not have the same crash protection requirements as other types of vehicles. Although the applicable safety standards are not as stringent as for passenger cars, the Canadian safety standards as published far exceed the U.S. safety requirements for similar vehicles and, in some cases, surpass the safety regulations in Europe and Australia. TWVs are currently being operated in Canada in their provinces of manufacture. It is the Department's position that the TWV should meet minimum safety standards to assure a certain level of safety for the vehicle occupants, as well as for other road users.

The Ontario government further noted that there will be confusion over emission standards and that the TWV will have potentially inadequate emission controls. Through the Canadian Environmental Protection Act, Environment Canada governs the emissions of two- and three-wheeled vehicles based on curb weight, utilizing an entirely separate vehicle classification system. In the eyes of Environment Canada, most TWVs will be classified as motorcycles and will have to meet the related emissions requirement.

Finally, one commenter provided the opinions that, for TWVs:

— four- and five-point seat belts should be considered;

— the manufacturer should have the option of imposing occupant restrictions, through the use of labelling, to prohibit the transport of passengers who require the use of a child seat or booster seat in order to exempt these vehicles from having to comply with the associated standards (CMVSS 210.1 and 210.2);

— the bumper requirement should apply (CMVSS 215); and

— the roof intrusion requirement should apply (CMVSS 216).

The Department considered all of theses points. As indicated earlier, the Department based this amendment on Australian regulations and, in some areas, those regulations and the European safety regulations were exceeded.

At present, neither the United States nor Canada provides the alternative of four- and five-point seat belts as occupant restraint systems in passenger cars. These forms of restraint are still under development and will be considered as alternatives after the benefit of their use is proven. In the meantime, the three-point seat belt is required equipment on TWVs.

The comment about giving the manufacturer the power to restrict passenger use based on passenger size would be impractical and difficult to enforce and, therefore, the requirement to meet CMVSS 210.1 and CMVSS 210.2 remains.

The Department was asked to apply the bumper standard in order to improve occupant protection and the ability to meet CMVSS 204 Steering Column Rearward Displacement. The bumper plays a negligible role in absorbing impact energy on modern passenger cars. Energy absorption is accomplished by the deformation of the vehicle structure. The bumper standard, CMVSS 215, includes performance requirements to assure that basic vehicle systems such as lighting, braking and steering remain operational after an 8 km/h impact. The bumper standard is not designed to assure occupant protection. Similarly, the installation of a bumper will not necessarily improve the performance of a vehicle when tested to CMVSS 204. In harmony with Australia and Europe, the bumper requirement does not apply to TWVs.

Finally, neither Australia nor Europe has a roof intrusion requirement for TWVs. While the Canadian CMVSS 216 is applicable to all passenger cars except convertibles, that standard would require significant modification if it were to apply to the unique requirements and design of the TWV. In harmonization with the referenced international regulations, the TWV remains exempt from a roof intrusion requirement. The Department will continue to review the safety record of this new vehicle class, and will address additional safety standards when a need has been defined.

Comments specific to the subclass of enclosed motorcycles

The European Union requested that the Department clarify whether a two-point lap belt or a three-point seat belt would be required for the EMC. The three-point pelvic and upper torso restraint offers superior occupant protection to the two-point pelvic restraint. It can reduce the severity of abdominal injury that can result from an out-of-position lap belt (i.e., a lap belt located across the abdomen as opposed to across the pelvis), and the additional torso restraint will prevent upper body contact with the interior vehicle structure. Given these benefits, the Department requires the installation of three-point seat belts at all seating positions on enclosed motorcycles.

The provinces and territories were consulted with respect to helmet use for the riders of the proposed subclass of EMC. The decision was unanimous that all jurisdictions would still require riders of EMC to wear a helmet, regardless of seat belt usage on such vehicles.

Comments specific to the motorcycle class

With a view to making the motorcycle classification definition less restrictive, the Department was asked to remove the minimum seat height criterion. This requirement is unique to Canada. Its purpose is to provide the motorcycle operator with a minimum forward line of sight while also increasing the visibility of the motorcycle and operator to other road users. This provides the operator with more information on the traffic conditions that lie ahead, which enables quicker and more informed operator reactions, resulting in fewer vehicle crashes, injuries and fatalities. The minimum seat height criterion remains, as the Department believes that it significantly increases operator safety.

Harley-Davidson commented that the steering handlebars criterion within the motorcycle definition would also be design restrictive and should be deleted. This criterion is deleted from the definition of the subclass of TRIs since a need has been demonstrated and changes to the applicable proposed safety standards have been made. The Department will make changes to the remaining vehicle subclass definitions and attendant safety standards when a need is demonstrated.

The Department was also asked to revise the footrest and rear brake control requirements applicable to motorcycles, as prescribed in CMVSS 123 Controls and Displays — Motorcycles. This request is being addressed under a separate amendment dealing specifically with CMVSS 123.

Effective Date

This amendment will come into effect on the date of its registration by the Clerk of the Privy Council. With regards to the new standards, CMVSS 301.3 includes a clause that will make this standard mandatory for motorcycles on September 1, 2004, and CMVSS 505 includes a similar clause for TRIs only. Similarly, the revised requirements in CMVSS 108 respecting the tail, stop and parking lamps on a TRI will become mandatory on September 1, 2004.

Compliance and Enforcement

Motor vehicle manufacturers and importers are responsible for ensuring that their products comply with the requirements of the Motor Vehicle Safety Regulations. The Department monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles obtained in the open market. When a defect is found, the manufacturer or importer must issue a notice of defect to owners and to the Minister of Transport. If a vehicle does not comply with a safety standard, the manufacturer or importer is subject to prosecution and, if found guilty, may be fined as prescribed in the Motor Vehicle Safety Act.

Contact

Denis Brault
Road Safety and Motor Vehicle Regulation Directorate
Department of Transport
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Telephone: (613) 998-1964
FAX: (613) 990-2913
E-mail: braultd@tc.gc.ca

Footnote a 

S.C. 1993, c. 16

Footnote b 

S.C. 1999, c. 33, s. 351

Footnote c 

S.C. 1993, c. 16

Footnote 1 

C.R.C., c. 1038

Footnote 2 

SOR/95-148

Footnote 3 

SOR/2003-189

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

	Top of page
Maintained by the Canada Gazette Directorate	Important notices