MOTOR VEHICLE SAFETY ACT

Order Modifying the Operation of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations and the Motor Vehicle Safety Regulations

SI/2007-60

The following is an excerpt from The Canada Gazette Vol. 141, No. 18 — May 5, 2007

MOTOR VEHICLE SAFETY ACT

Order Modifying the Operation of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations and the Motor Vehicle Safety Regulations

Whereas the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote a) and the Motor Vehicle Safety Regulations (see footnote b) are inconsistent with amendments made on June 24, 2003, by the Government of the United States to Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems, part 571, title 49 of the Code of Federal Regulations of the United States;

Therefore, the Minister of Transport, Infrastructure and Communities, pursuant to subsection 13(1) of the Motor Vehicle Safety Act (see footnote c), hereby issues the annexed Order Modifying the Operation of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations and the Motor Vehicle Safety Regulations.

Ottawa, April 30, 2007

LAWRENCE CANNON
Minister of Transport, Infrastructure and Communities

ORDER MODIFYING THE OPERATION OF THE MOTOR VEHICLE RESTRAINT SYSTEMS AND BOOSTER CUSHIONS SAFETY REGULATIONS AND THE MOTOR VEHICLE SAFETY REGULATIONS

1. This Order modifies the operation of the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote 1) and the Motor Vehicle Safety Regulations (see footnote 2) to make them consistent with amendments to Federal Motor Vehicle Safety Standard No. 213, Child Restraint Systems, part 571, title 49 of the Code of Federal Regulations of the United States (FMVSS 213), which raised the upper weight limit for child restraint systems from 22.7 kg to 30 kg. The purpose of this Order is to permit in Canada child restraint systems designed for use by children weighing up to 30 kg.

MOTOR VEHICLE RESTRAINT SYSTEMS AND BOOSTER CUSHION SAFETY REGULATIONS

2. (1) The term "child" in the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations (see footnote 3) means a person whose weight is not less than 9 kg and not more than 30 kg.

(2) For the purposes of Schedule 3 to the Regulations, a child restraint system that is designed for use by children weighing more than 22 kg must be tested in accordance with the testing procedures in FMVSS 213 for add-on child restraint systems (other than booster seats, car beds or harnesses), as defined in FMVSS 213, instead of the testing procedures in Test Method 213 — Child Restraint Systems. However, despite the options in S6.1.1(a)(1)(A) to (D) of FMVSS 213, the tether strap must always be used.

(3) A child restraint system that is tested in accordance with the testing procedures in FMVSS 213 must be tested in accordance with section 5, Energy Absorbing Material Test Procedure, and section 6, Inversion Test Procedure, of Test Method 213. When the system is tested in accordance with section 6 of Test Method 213,

(a) the anthropomorphic test devices (ATDs) used for the testing procedures in FMVSS 213 must be used; and

(b) in subsection 6.4 of the Test Method, the reference to subsection 3.3.2 is to be read as a reference to subsection 3.4.2.

(4) For the purpose of paragraph 13(1)(c) of Schedule 3 to the Regulations, a child restraint system that is tested with an ATD that conforms to subpart S, part 572, title 49 of the Code of Federal Regulations of the United States is not required to meet the resultant acceleration limit.

(5) For the purpose of subsection 13(3) of Schedule 3 to the Regulations, when a child restraint system is tested in accordance with the testing procedures in FMVSS 213, the dynamic seat assembly described in drawing package NHTSA-213-2003, with its seat back fixed so that rotation around the seat back pivot axis is prevented, must be used in dynamic testing instead of the dynamic seat assembly described in drawing package SAS-100-1000.

MOTOR VEHICLE SAFETY REGULATIONS

3. (1) The term "child" in the Motor Vehicle Safety Regulations (see footnote 4) means a person whose weight is not less than 9 kg and not more than 30 kg.

(2) When a built-in child restraint system is tested in accordance with subsection 213.4(1) of Schedule IV to the Regulations, an ATD conforming to subpart P, part 572, title 49 of the Code of Federal Regulations of the United States may be used instead of the ATD specified in subsection 3.1.2 of Test Method 213.4, "Built-in Child Restraint System and Built-in Booster Cushion".

(3) For a built-in child restraint system designed for use by children weighing more than 22 kg, the following ATDs must also be used in a test carried out under subsection 213.4(1) of Schedule IV to the Regulations:

(a) an ATD conforming to subpart I or N, part 572, title 49 of the Code of Federal Regulations of the United States; and

(b) an ADT conforming to subpart S, part 572, title 49 of the Code of Federal Regulations of the United States.

(4) A child restraint system that is tested with an ATD conforming to subpart S of part 572 of title 49 of the Code of Federal Regulations of the United States is not required to comply with the resultant acceleration limits set out in subsection 213.4(5) of Schedule IV to the Regulations.

(5) When an ATD other than an ATD conforming to subpart C, part 572, title 49 of the Code of Federal Regulations of the United States is used, the ATD must be clothed and prepared as described in S9 of FMVSS 213.

(6) The term "3-year-old" in paragraph 3.3.4(d) and subsection 3.4.3 of Test Method 213.4 is to be read as "child".

EFFECTIVE DATE

4. This Order is effective during the period beginning on May 1, 2007 and ending on April 30, 2008.

Footnote a

SOR/98-159

Footnote b

C.R.C., c. 1038

Footnote c

S.C. 1993, c. 16

Footnote 1

SOR/98-159

Footnote 2

C.R.C., c. 1038

Footnote 3

SOR/98-159

Footnote 4

C.R.C., c. 1038

There are a few errors in the Interim Order that will be corrected when the Regulations are amended. The errors are the following:

1. The reference in subsection 2(2) should be to S6.1.2(a)(1)(i)(A) to (D) of FMVSS 213.
2. In paragraph 3(3)(b), "ADT" should read "ATD".
3. In subsection 3(4) "child restraint system" should read "built-in child restraint system".