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Vol. 137, No. 5 — February 1, 2003 Regulations Amending Certain Regulations Made under the Motor Vehicle Safety ActStatutory Authority Motor Vehicle Safety Act Sponsoring Department Department of Transport REGULATORY IMPACT ANALYSIS STATEMENT Description The Department of Transport is proposing to amend the Motor Vehicle Safety Regulations (see footnote 1) (MVSR). The proposed amendments include repealing and revising definitions in subsection 2(1); modifications to the minimum size of the drawing depicting the national safety mark (NSM) referred to in paragraphs 6(1)(c) and 6(4)(c); repealing of section 16 "Incomplete Vehicles"; updates and modifications to sections 115 "Vehicle Identification Number" (VIN), 205 "Glazing Material", and 305 "Electrolyte Spillage and Electrical Shock Protection"; and update to a schedule reference in the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations. With the exception of the modifications proposed to the minimum size of the drawing depicting the NSM and to paragraph 115(2)(b), this amendment is mainly administrative in nature. The proposed amendment to the NSM is to reduce the size of the drawing from 20 to 13 millimeters in diameter. The proposed change to paragraph 115(2)(b) would require that the vehicle's identification number (VIN) be permanently attached to the structure of the vehicle, thus reducing the ability to fraudulently change VINs. Background Motor Vehicle Safety Regulations Definitions in subsection 2(1) Definitions for "on-highway vehicle" and "on-off-highway vehicle" would be repealed as they are no longer referenced in the Regulations. The definition of "power-assisted bicycle" would be amended to permit more than one electric motor to be fitted to a power-assisted bicycle. This would be permitted only when the combined output of the motors does not exceed the limit prescribed in the Regulations. When the definition of power-assisted bicycle was introduced in April 2001, (see footnote 2) fitting more than one electric motor on the same bicycle was not permitted. This restriction was intended to prohibit the installation of multiple motors that could have individually qualified under the definition, but the combined output would have exceeded the limit prescribed in the Regulations. This restriction has precluded commercialisation of innovative multiple-motor technology that uses more than one motor even when the total power rating of the propulsion system complies with the Regulations. The proposed change would remove this restriction while maintaining the same level of safety. Paragraphs 6(1)(c) and 6(4)(c) Subsection 6(1) of the MVSR sets requirements for the identification of vehicles that meet the applicable safety regulations. Paragraph 6(1)(c) states that "A company that manufacturers a vehicle ... shall ensure that the vehicle ... bears a compliance label displaying ... a drawing (see footnote 3) at least 20 millimeters in diameter depicting the national safety mark and showing in its centre ... the authorization ... number assigned ... to the company ....". (see footnote 4) In the case of imported vehicles, this drawing or a full statement of compliance may be used. Other federal departments, namely the Department of the Environment (see footnote 5) and the Department of Industry, (see footnote 6) require, or propose to require, distinct marks on certain classes of vehicles. In the case of passenger cars, trucks, multi-purpose passenger vehicles and buses, three distinct marks would be required on or near the statement of compliance. Two associations representing manufacturers of vehicles to which all three requirements apply, or would apply, have indicated that the various markings would require that the statement of compliance be too large to be fitted to the vehicle, and thus have requested that the departments reduce the size of the various markings. This amendment will reduce the size of the drawing depicting the national safety mark (NSM) from 20 to 13 millimetres. The minimum height of the authorization number at the center of the drawing depicting the national safety mark would remain unchanged at two millimetres. The same change would also be made in paragraph 6(4)(c). Section 115 Section 115 "Vehicle Identification Number" would be amended by repealing subsection (4), which allows restricted-use motorcycles to have a vehicle identification number (VIN) composed of fewer than 17 characters. This provision does not serve any useful purpose and is causing unnecessary problems for the Department and for the industry. Restricted-use motorcycles are the only type of vehicles to which that provision applies. Standardizing the VIN for this type of vehicle would assist the Department in identifying restricted-use motorcycles and it would also assist provinces and territories in licensing them. This amendment also proposes to require that the VIN plate be affixed to a non-removable structural member of the vehicle. At the present time, paragraph (2)(b) of section 115 requires that the VIN be either on a separate plate or label that is permanently affixed to the vehicle or it can be affixed to any part of the vehicle that is not designed to be removed except for repair, other than glazing. Some manufacturers are currently applying the VIN plate to the plastic dash covering. These dash covers are easily replaced without defacing the vehicle, so controlling the actual VIN is impossible. By requiring that VIN plates be permanently attached to the vehicle, the proposed amendments would help to eliminate the fraudulent use of VINs. Subsection (2.1) would be updated to remove a requirement that ceased to apply after December 31, 2000. Subsection 205(5) Section 205 "Glazing Materials" would be amended by altering subsection (5). Section 205 was amended on May 22, 2002 to update the version of the technical standard ANSI Z26. Thus, SOR/2002-187 indicated that, effective May 22, 2002, subsection (5) read: "Any glazing material for use in a multipurpose passenger vehicle or a chassis-cab shall meet the requirements specified in the ANSI Z26 Safety Standard-1996 for glazing materials for use in trucks." In addition, SOR/2002-55 required that the term "chassis cab." be deleted as of February 13, 2003 so that subsection (5) would read: "Any glazing material for use in a multipurpose passenger vehicle shall meet the requirements specified in the ANSI Z26 Safety Code for glazing materials for use in trucks." The two recent amendments to section 205 did not reflect the update of the ANSI standard and the deletion of "chassis cab." Thus, subsection (5) should read: "Any glazing material for use in a multipurpose passenger vehicle shall meet the requirements specified in the ANSI Z26 Safety Standard-1996 for glazing materials for use in trucks." Subsection 305(1) Section 305 "Electrolyte Spillage and Electrical Shock Protection (Standard 305)" incorporates, by reference in the Regulations, a Technical Standards Document harmonizing the provisions governing electric and hybrid-electric vehicles with the requirements of the United States. The scope of this section is to specify requirements for limitation of electrolyte spillage, retention of propulsion batteries during a crash, and electrical isolation of the chassis from the high-voltage system. The proposed amendment would add the word "nominal" to subsection 305(1) in order to clarify that the requirements governing electric and hybrid-electric vehicles apply only to those vehicles that use more than 48 nominal volts of electricity as propulsion power. The addition of this word would ensure that electric and hybrid-electric vehicles whose peak operating voltages may slightly exceed 48 volts, but whose nominal rating is 42 volts or less, are not subject to the requirements of section 305. This change is proposed in order to harmonize Canadian requirements governing electric and hybrid-electric vehicles with those of the United States, which published a Final Rule in the Federal Register (see footnote 7) on December 3, 2001, in which the word "nominal" was added to the application provision of Federal Motor Vehicle Safety Standard 305. Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations Schedule 10 The reference following Schedule 10 of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote 8) would be updated from "(Subsection 1(1) and Schedules 3 to 6)" to (Subsections 1(1) and 7(2) and section 13 of Schedule 3, subsection 7(2) and section 10 of Schedule 4, subsection 2.1(1) of Schedule 5, paragraph 6(3)(a) and section 12 of Schedule 6 and section 9 of Schedule 7). Effective Date These amendments, except those to paragraph 115(2)(b), become effective on the day of their registration by the Clerk of the Privy Council. As manufacturers may require time to redesign vehicles to include permanent VIN plates, it is proposed that the amendment to paragraph 115(2)(b) would become effective on September 1, 2006. Alternatives The Department determined that there were no reasonable alternatives to making these amendments. The proposed changes serve to clarify and update the intent of current requirements. The majority of the proposed amendments, including amendments to sections 2, 6 and 305 of the MVSR would provide greater flexibility to the industry by removing a number of regulatory restrictions. Benefits and Costs These amendments are not expected to have any significant negative cost impact to vehicle manufacturers. With the exception of the proposed requirement for a permanent VIN plate, the proposals are administrative in nature. The costs related to the permanent VIN plate (section 115) should be minimal, as the vehicle platforms are usually redesigned within the lead-time provided. These proposed amendments are not expected to have any significant impact on the environment. Consultation Road Safety Consultation Mechanisms The Department has instituted a systematic and extensive consultation process that is intended to keep the automotive industry, public safety organizations, and the general public informed of planned and recently made changes to the regulatory requirements governing motor vehicle safety in Canada, and that provides a mechanism to comment on these initiatives. Three times a year, Departmental representatives meet with the Canadian Vehicle Manufacturers' Association, whose members include DaimlerChrysler Canada Inc.; Ford Motor Company of Canada, Limited; and General Motors of Canada Limited. The Department also meets three times a year with the Association of International Automobile Manufacturers of Canada (AIAMC), which represents international manufacturers and importers of motor vehicles. (see footnote 9) In addition, once a year, the members of the Alliance of Automobile Manufacturers (AAM) join the AIAMC meeting. The AAM is a trade association of 13 car and light-truck manufacturers whose members account for more than 90 percent of U.S. vehicle sales. (see footnote 10) Semi-annual meetings are also held with the Motorcycle and Moped Industry Council, the Rubber Association of Canada, and the Juvenile Product Manufacturers Association. (see footnote 11) These automotive industry meetings allow manufacturers and importers to respond to proposed changes to the regulations for which the Road Safety and Motor Vehicle Regulation Directorate is responsible, to raise problems with the existing requirements, and to discuss any matters of concern to the member companies. On a quarterly basis, these associations receive a copy of the Directorate's Regulatory Plan, which outlines all contemplated changes to the governing safety requirements and tracks initiatives as they are developed, published in the Canada Gazette, and as the new regulations come into force. The Department also consults with the federal authorities of other countries and with Canada's provinces and territories. Since the harmonization of regulatory requirements between Canada and the United States is pivotal to trade between the two countries and to the competitiveness of Canada's automotive industry, semi-annual meetings are held with the U.S. National Highway Traffic Safety Administration. These meetings provide a valuable opportunity to discuss future regulatory initiatives and problems of mutual interest. The Department is also committed to the development of global regulations, which is being carried out under the auspices of the United Nations World Forum for the Harmonization of Vehicle Regulations. Along with members of other world regulatory bodies and public interest groups, Departmental representatives participate in 11 or more meetings a year as part of the initiative to develop Global Technical Regulations in order to simplify the regulatory process for automotive manufacturers who market their products internationally. Consultation with the provinces and territories takes place mainly through the Department's membership in the Canadian Council of Motor Transport Administrators (CCMTA). Its Board of Directors meets a minimum of twice a year, as do the three standing committees of the CCMTA, which are comprised of officials from each member jurisdiction who deal with a broad range of short- and long-term issues. In addition to the foregoing consultation mechanisms, which involve the automotive industry and other government agencies, the Department also holds meetings twice a year with national public safety organizations to consult with them on future regulatory changes and to discuss emerging safety problems. Thirty or more such organizations are invited to each of these meetings, organizations that include drivers' and automobile associations, bus operators, the insurance industry, consumer associations, health and police organizations, the Canada Safety Council, the Traffic Injury Research Foundation, the Canadian Automobile Association, MADD Canada, and the Federation of Canadian Municipalities. These organizations also receive copies of the Directorate's Regulatory Plan on a quarterly basis. In order to monitor public opinion and concerns, as well as to keep the public informed on road safety-related issues, the Department offers a free telephone information service that Canadians may call from across the country, and it publishes specific safety-related information on its Web site. The public may also make inquiries using the Department's Web site and by regular mail. In addition, a dedicated toll-free telephone line allows the public to notify the Department of safety-related defects, which are subsequently investigated by the Public Complaints, Recalls and Investigations Division. As part of its research program, the Department has established several teams of collision investigators that are affiliated with major universities, part of whose work is to monitor road safety issues. A system for training instructors on the proper installation of infant and child restraint systems has also been implemented, and the instructors advise the Department of the safety issues that arise. This consultation process enables the Department to identify and respond to safety-related problems in a timely fashion. More important, it keeps the public, the automotive industry, and public safety organizations abreast of the Department's many regulatory initiatives and provides opportunities for all concerned to participate in the development of new motor vehicle safety measures. Consultation Specific to These Amendments The Department completed specific consultations to the proposed amendment to section 6 of the MVSR and those proposed for section 115. In early 2002, the Canadian Vehicle Manufacturers' Association (CVMA) and the Association of International Automobile Manufacturers of Canada (AIAMC) requested that Transport Canada, Environment Canada and Industry Canada develop a unique mark indicating compliance to the respective federal regulations governing vehicles. Following this request, the various departments worked together with the industry to develop a list of alternatives and a final solution to simplify the marking requirements for vehicles. While legislative requirements limited the potential alternatives, agreement was reached on a combined mark that would include the legislative markings as required by each department. It was agreed that the new combined mark would be no larger than the current Transport Canada NSM, thus, the department agreed to reduce its current overall size requirements for the NSM from 20 mm to 13 mm. The industry has requested that these changes be effective before September 1, 2003, to allow new labels to be used on 2004 model-year vehicles. The Insurance Corporation of British Columbia (ICBC) requested that the department review the requirements of MVSR section 115, as it currently allows the vehicle identification number (VIN) to be either permanently affixed to the vehicle or be affixed to any part of the vehicle that is not designed to be removed except for repair, other than glazing. The ICBC noted concern that some vehicles have their VIN plate attached to the removable dash cover and, with the installation of air bags, these covers are easily removed and replaced with one from a different vehicle. They noted concern with being able to properly identify vehicles and with the increase in theft resulting from the ease in changing VINs. The ICBC requested that the Department require that VIN plates be permanently affixed to the vehicle. The Department agrees with the suggestions of the ICBC and further notes that it was always the Department's intent that VIN plates be permanently affixed to the vehicle. This amendment will further reinforce the Department's original intent. The Department is suggesting that the introduction of this requirement be delayed, until September 1, 2006, to provide the industry with sufficient time to introduce any required changes. A consultation period of 75 days will follow the publication of this proposal in the Canada Gazette, Part I. Comments may be made by writing to the address given below or at any government-industry meeting. All responses will be taken into consideration in the development of the final amendment. 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 on 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. For further information, please contact Marc-André Bergevin, Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-2670 (Telephone), (613) 990-2913 (Facsimile), bergema@tc.gc.ca (Electronic mail). Notice is hereby given, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote a) , that the Governor in Council, pursuant to section 5 (see footnote b) and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending Certain Regulations Made under the Motor Vehicle Safety Act. Interested persons may make representations, in writing, with respect to the proposed Regulations to the Minister of Transport within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Marc-André Bergevin, Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, OntarioK1A 0N5. (Tel: (613) 998-2670; fax: (613) 990-2913; e-mail: bergema@tc.gc.ca) Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act. Ottawa, January 30, 2003 EILEEN BOYD Assistant Clerk of the Privy Council REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE MOTOR VEHICLE SAFETY ACT MOTOR VEHICLE SAFETY REGULATIONS 1. (1) The definitions "on-highway vehicle" and "on-off-highway vehicle" in subsection 2(1) of the Motor Vehicle Safety Regulations (see footnote 12) are repealed. (2) The portion of paragraph (d) of the definition "power-assisted bicycle" in subsection 2(1) of the Regulations before subparagraph (ii) is replaced by the following:
2. (1) Paragraph 6(1)(c) of the Regulations is replaced by the following:
(2) Paragraph 6(4)(c) of the Regulations is replaced by the following:
3. (1) Paragraph 115(2)(b) of Schedule IV to the Regulations is replaced by the following:
(2) Subsection 115(2.1) of Schedule IV to the Regulations is replaced by the following: (2.1) The vehicle identification number of a snowmobile shall
(b) be sunk into, embossed on, imprinted on or permanently affixed on the right exterior vertical surface of the track tunnel; (c) be difficult to remove, replace or alter without detection; (d) be composed of characters having a minimum height of 4 mm; (e) be legible and indelible; (f) be legible without any part of the vehicle having to be removed; and (g) be protected from corrosion. (3) The portion of subsection 115(3) of Schedule IV to the Regulations before paragraph (a) is replaced by the following: (3) The vehicle identification number of any vehicle shall be alphanumeric and shall contain seventeen characters as follows: (4) Subsection 115(4) of Schedule IV to the Regulations is repealed. 4. Subsection 205(5) of Schedule IV to the Regulations is replaced by the following: (5) Any glazing material for use in a multipurpose passenger vehicle shall meet the requirements specified in the ANSI Z26 Safety Standard—1996 for glazing material for use in trucks. 5. Subsection 305(1) of Schedule IV to the Regulations is replaced by the following: 305. (1) Every passenger car, and every multipurpose passenger vehicle, truck and bus with a GVWR of 4 536 kg or less, that uses more than 48 nominal 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 conform to Technical Standards Document No. 305, Electrolyte Spillage and Electrical Shock Protection, as amended from time to time. MOTOR VEHICLE RESTRAINT SYSTEMS AND BOOSTER CUSHIONS SAFETY REGULATIONS 6. Schedule 10 to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote 13) is amended by replacing the reference "(Subsection 1(1) and Schedules 3 to 6)" with the following: (Subsections 1(1) and 7(2) and section 13 of Schedule 3, subsection 7(2) and section 10 of Schedule 4, subsection 2.1(1) of Schedule 5, paragraph 6(3)(a) and section 12 of Schedule 6 and section 9 of Schedule 7) COMING INTO FORCE 7. (1) These Regulations, except subsection 3(1), come into force on the day on which they are registered. (2) Subsection 3(1) comes into force on September 1, 2006. [5-1-o] C.R.C., c. 1038 SOR/2001-117 Schedule 1 of the Motor Vehicle Safety Regulations SOR/95-147; SOR/2000-182 On-Road Vehicle and Engine Emission Regulations Communications Act and the Industry Canada Electromagnetic Spectrum Regulations Federal Register, Vol. 66, No. 232, Monday, December 3, 2001, p. 60157-60161 SOR/98-159 The AIAMC represents the following automotive manufacturers and importers: BMW Canada Inc., Daewoo Auto Canada Inc., Honda Canada Inc., Hyundai Auto Canada, KIA Canada Inc., Mazda Canada Inc., Mercedes-Benz Canada Inc., Mitsubishi Motor Sales of Canada, Inc., Nissan Canada Inc., Porsche Cars Canada Ltd., Subaru Canada Inc., Suzuki Canada Inc., Toyota Canada Inc., and Volkswagen Canada Inc. The Alliance of Automobile Manufacturers represents BMW Group, Daimler-Chrysler, Fiat Auto R&D; USA, Ford Motor Company, General Motors, Isuzu Motors America, Inc., Mazda North American Operations, Mitsubishi Motor Sales of America, Inc., Nissan, Porsche Cars North America, Inc., Toyota, Volkswagen of America, Inc., and Volvo Car Corporation. The Juvenile Product Manufacturers Association represents the manufacturers and importers of infant and child restraint systems. S.C. 1993, c.16 S.C. 1999, c. 33, s. 351 C.R.C., ch. 1038 SOR/98-159 |
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