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Vol. 137, No. 24 — November 19, 2003 Registration MOTOR VEHICLE SAFETY ACT Regulations Amending the Motor Vehicle Safety Regulations (Snowmobiles)P.C. 2003-1781 6 November, 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 (Snowmobiles), substantially in the annexed form, was published in the Canada Gazette, Part I, on February 1, 2003 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 (Snowmobiles). REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (SNOWMOBILES) AMENDMENTS 1. Schedule III to the Motor Vehicle Safety Regulations (see footnote 1) is amended by adding the following after item 905:
2. Schedule III to the Regulations is amended by adding the following after item 1201:
3. Items 1207 to 1209 of Schedule III to the Regulations are repealed. 4. Schedule IV to the Regulations is amended by adding the following after section 905: Snowmobile Trailers (Standard 906) 906. Every snowmobile trailer shall be equipped with (a) one or more tie-down cross bars located in such a manner as to be capable of clamping the skis of as many snowmobiles as the trailer is capable of carrying; and (b) tie-down points to which each snowmobile can be secured by ropes or straps and that are of sufficient strength to withstand a force of 2 224.11 N (500 pounds) applied separately from any direction to each tie-down point. 5. Subsection 1201(1) of Schedule VI to the Regulations is replaced by the following: 1201. (1) Every snowmobile shall be constructed so that it conforms to the requirements set out in the following standards: (a) the Safety Standards for Snowmobile Product Certification, SSCC/11, published by the Snowmobile Safety and Certification Committee, Inc., dated February 6, 2003, except that the following provisions do not apply:
(ii) section 14, respecting certification markings of exhaust systems, (iii) Figures 4, 6 and 7, respecting labelling requirements, and (iv) subsection 12(c)(6), requiring a label stating that the use of children's snowmobiles is prohibited on public trails; and (b) the Detailed Standards and Testing Specifications and Procedures, SSCC/11 Supplement, published by the Snowmobile Safety and Certification Committee, Inc., dated February 6, 2003, except that the following provisions do not apply:
(ii) subsection 4.3.3 and section 5 of L-S-300A, respecting packing requirements, (iii) subsection 6.2 of L-S-300A, respecting ordering information, (iv) section 6 of 62-GP-11P, respecting packing requirements, and (v) section 8.2 of 62-GP-11P, respecting ordering data. (1.1) When a snowmobile is tested, instead of using the version of the approved tests set out in the Supplement referred to in paragraph (1)(b), the manufacturer may use the version of those tests that is in effect on January 1 of the calendar year in which the snowmobile is manufactured. (1.2) For the purposes of this section, the word "snowmobile" used in the Standards and Supplement referred to in subsection (1) has the same meaning as in subsection 2(1) of these Regulations. 6. Schedule VI to the Regulations is amended by adding the following after section 1201: Snowmobile Cutters (Standard 1202) 1202. (1) Every snowmobile cutter shall be equipped with a rigid tow bar that, when connected to a snowmobile, is (a) rigidly connected to the cutter so as to prevent yawing movement; (b) capable of 90 degrees of rolling movement in each direction in relation to the longitudinal vertical plane of the cutter; and (c) capable of allowing adequate pitching movement of the cutter. (2) Snowmobile cutters shall be equipped with the following reflex reflectors, located not more than 760 mm above the ground measured to the centre of the reflex reflectors with the cutter at curb mass: (a) on the rear, the reflex reflectors referred to in SAE Recommended Practice J292, Snowmobile and Snowmobile Cutter Lamps, Reflective Devices and Associated Equipment (May 1995); and (b) on each side at the mid-point of the cutter,
(ii) reflex reflectors that have a minimum area, as projected in side elevation, of 100 cm2 and that are composed of Class 1 or 3 reflective materials, as specified in Canadian General Standards Board Standard CGSB 62-GP-11M, Marking Material, Retroreflective Enclosed Lens, Adhesive Backing (May 1978), of any colour or combination of colours set out in Table 1 of that Standard and with a reflective intensity value of Level 1 as specified in Table 2 of that Standard. (3) The skis of a snowmobile cutter shall be capable of being clamped to a snowmobile trailer by means of a tie-down cross bar attached to the trailer and passing over or through the skis. 7. The heading before section 1207 and sections 1207 to 1209 of Schedule VI to the Regulations are repealed. COMING INTO FORCE 8. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT (This statement is not part of the Regulations.) Description Section 1201 of Schedule VI to the Motor Vehicle Safety Regulations (MVSR), entitled "Snowmobile Standards", sets out regulatory requirements governing snowmobiles. According to this section, snowmobiles must comply with standards published by the Snowmobile Safety and Certification Committee, Inc. (SSCC), a North American non-profit association that has developed minimum safety standards for the manufacture and certification of snowmobiles. These standards are contained in SSCC/11 "Safety Standards for Snowmobile Product Certification" and in the SSCC/11 Supplement entitled "Detailed Standards and Testing Specifications and Procedures". On February 6, 2003, the SSCC published a revised version of "Safety Standards for Snowmobile Product Certification" and of the accompanying Supplement. The only change to the substantive requirements was the deletion of the emergency starting provision. This action was taken to reflect changes in the standards published by the Society of Automotive Engineers (SAE), to which the SSCC Standards and Supplement make reference. This amendment updates and clarifies the safety requirements governing snowmobiles by incorporating by reference the SSCC Standards and Supplement into section 1201 of Schedule VI to the MVSR and stipulating those standards and test procedures that are obligatory. Only the testing and construction standards of the SSCC are incorporated into section 1201. The certification requirements contained in the SSCC Standards and Supplement are excluded. The amendment also requires that the information specified on the label or plaque affixed to the snowmobiles, as well as any instructions that are provided with snowmobiles, be in both French and English. This amendment also repeals sections 1207, 1208 and 1209 of Schedule VI to the MVSR. Section 1207, entitled "Tie-Down", specifically addresses tie-downs on snowmobile cutters. Section 1209, entitled "Snowmobile Cutters", regulates snowmobile cutters. Section 1208 regulates snowmobile trailers. This amendment adds section 1202 to Schedule VI to the MVSR, which integrates the existing content of sections 1207 and 1209 of Schedule VI. In addition, the existing content of section 1208 is added as section 906 of Schedule IV, and is entitled "Snowmobile Trailers (Standard 906)". This amendment integrates all of the regulatory requirements for snowmobile cutters into Schedule VI of the MVSR so that they are located in one place. This reorganization makes the MVSR more efficient and more easily understood by interested parties. In addition, this amendment regroups the regulatory requirements for all types of trailers in Schedule IV of the MVSR, which are now integrated in that Schedule. Finally, this reorganization is also reflected in the amendments to Schedule III to the MVSR, which specifies the standards that apply to each class of vehicle. Effective Date This amendment comes into effect on the day of its registration by the Clerk of the Privy Council. Alternatives As the changes in this amendment are mainly administrative in nature, the only alternative considered was that of reproducing the SSCC Standards and Supplement in their entirety within the body of the MVSR. However, incorporation by reference of the SSCC Standards and Supplement was retained as the appropriate legislative drafting technique because snowmobile manufacturers are familiar with the SSCC Standards and the testing procedures set out in the Supplement. Therefore, it is unnecessary to reproduce them in the current MVSR in order to ensure that the regulatory requirements are intelligible to manufacturers. Benefits and Costs This amendment updates and clarifies the safety requirements governing snowmobiles, thereby helping to ensure the effective regulation of snowmobiles. No specific costs are associated with this proposed amendment, and it would not have any impact on the environment. Consultation The proposed amendment has been subject to the normal consultation process through pre-publication in the Canada Gazette, Part I, February 1, 2003, pages 386-390, and interested parties have had 75 days in which to respond. All comments have been taken into consideration in the preparation of this amendment. The Department of Transport received one comment following the Part I publication from the SSCC asking the Department of Transport to allow the use of the most current SAE standard for testing purposes. After discussions with manufacturers and the SSCC, a consensus was reached and included in the regulation as follows": When a snowmobile is tested, instead of using the version of the approved test set out in the supplement referred to in paragraph (1)(b), the manufacturer may use the version of those tests that is in effect on January 1 of the calendar year in which the snowmobile is manufactured". Compliance and Enforcement Motor vehicle manufacturers and importers are responsible for ensuring that their products comply with the requirements of the MVSR. The Department of Transport monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting factory-produced 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, is subject to penalties as prescribed in the Motor Vehicle Safety Act. Contact
Marc-André Bergevin
S.C. 1993, c. 16 S.C. 1999, c. 33, s. 351 S.C. 1993, c. 16 C.R.C., c. 1038 |
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