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Vol. 137, No. 13 — June 18, 2003 Registration MOTOR VEHICLE SAFETY ACT Regulations Amending the Motor Vehicle Safety Regulations (Transmission Control Functions)P.C. 2003-770 29 May, 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 (Transmission Control Functions), substantially in the form set out in the annexed Regulations, was published in the Canada Gazette, Part I, on October 12, 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 (Transmission Control Functions). REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (TRANSMISSION CONTROL FUNCTIONS) AMENDMENTS 1. (1) Subsection 102(2) of Schedule IV to the Motor Vehicle Safety Regulations (see footnote 1) is replaced by the following: (2) On any vehicle equipped with an automatic 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 if the transmission control is in a forward or reverse drive position. (2) Section 102 of Schedule IV to the Regulations is amended by adding the following after subsection (2): (2.1) If a passenger car, multipurpose passenger vehicle or truck 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. (3) Section 102 of Schedule IV to the Regulations is amended by adding the following after subsection (6): (7) If a passenger car, multipurpose passenger vehicle or truck 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. (8) In this section, "drive train" means the components that transfer motive power from the motor to the drive wheels. COMING INTO FORCE 2. (1) These Regulations, except subsections 1(2) and (3), come into force on the day on which they are registered. (2) Subsections 1(2) and (3) come into force two years after the day on which these Regulations are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The Department of Transport is amending Canada Motor Vehicle Safety Standard (CMVSS) 102, which is part of the Motor Vehicle Safety Regulations (MVSR) (see footnote 2) The purpose of the amendments is to: • modify vehicle starting requirements to accommodate new technologies; • introduce mandatory requirements for a brake shift interlock (BSI) for vehicles equipped with a transmission control sequence that includes a park position; and, • introduce mandatory requirements for a clutch ignition interlock (CII) for vehicles equipped with a manual transmission. These new requirements are expected to improve road safety while remaining cost-effective for consumers. In addition, these requirements will allow manufacturers more flexibility to use innovative technology. Background Starter Operability In recent years, hybrid vehicles using new technologies have made inroads into the Canadian market. Hybrid vehicles utilize more than one propulsion source (e.g. electric and internal combustion engine), and can automatically switch from one propulsion source to another or utilize more than one concurrently. When doing so, the propulsion sources can automatically start and stop when needed, even with the transmission control in a forward or reverse drive position. Such models have been excluded from sale in Canada because they do not comply with the current starter operability requirement of CMVSS 102(2). This requirement specifies that for vehicles equipped with an automatic transmission, the engine starter needs to be inoperative when the transmission control is in a forward or reverse drive position. This amendment limits the starter operability requirement in CMVSS 102 to apply only at the time of the initial start-up of the vehicle. Other types of vehicles are also being addressed by this amendment. Some vehicles, which use "start and stop" technology, allow the combustion engine to stop when the vehicle is in a stationary position and to start up again when needed by the driver. For instance, while stopped for a red traffic signal light, the vehicle's engine shuts off until the driver depresses the accelerator. At that time, the vehicle's engine starts up again, even if the transmission control is in a forward or reverse drive position. This amendment aligns with the department's policy to promote the introduction of innovative technologies, as well as the use of fuel-efficient, environmentally sound and economical means of transportation. Brake Shift Interlock and Clutch Ignition Interlock The vast majority of today's automobiles are already equipped with a BSI or CII: 99.2 percent of vehicles, which have a transmission control sequence that includes a park position (e.g., automatic transmission) have a BSI, and 99.9 percent of manual transmission vehicles have a CII (see footnote 3) . Nevertheless, the department is still receiving complaints (17 in 2002) about cases in which the lack of a BSI or CII has resulted in fatalities, injuries or property damage. One of the cases logged by the department involved a vehicle not equipped with a BSI, where two children were left unattended inside a vehicle with the engine running. One of the children moved the transmission control out of the park position and into the reverse drive position, causing the vehicle to back up. Fortunately, no injuries resulted from this incident. The BSI requirement is also intended to reduce the occurrence of "sudden accelerations." This condition can occur when a vehicle's engine is running and the transmission is shifted from the park position to the forward or reverse drive position. When this happens, the vehicle may accelerate rapidly, without the driver realizing that the accelerator is being depressed. Collision investigations have demonstrated that this problem is not the result of a mechanical failure or a defective component, but is rather the result of driver error: the driver believes that he or she has depressed the brake pedal, when in fact the accelerator has been depressed. Requiring the driver to apply the brakes, in order to be able to move the transmission control out of the park position, will mitigate this problem. The department received 85 complaints over the last five years pertaining to these types of problems. Of these cases, two resulted in fatalities and 16 resulted in injuries, despite the low number of vehicles without a BSI. To remedy this situation, the department is requiring a BSI on all passenger cars, multi-purpose passenger vehicles and trucks with a Gross Vehicle Weight Rating (GVWR) of 4 536 kg or less that have a transmission control sequence that includes a park position. This amendment to CMVSS 102 requires that the brakes of a vehicle be engaged in order to allow the transmission control to be moved from the park position to a forward or reverse drive position, when the engine is running. This amendment will significantly reduce these types of problems, thereby decreasing the number of injuries and fatalities and increasing safety. The BSI amendment requires the operator of the vehicle to be positioned in the driver's seat in order to depress the brake pedal and shift the transmission control from the park position. This will reduce the risk of an unattended child inadvertently shifting the transmission control out of the park position. Similarly, the department is requiring a CII on all passenger cars, multi-purpose passenger vehicles and trucks with a GVWR of 4536 kg or less equipped with a manual transmission. The requirement for a CII will mitigate events such as "runaways," which are caused by drivers who do not use the clutch pedal to disengage the drive train when attempting to start the vehicle. This requirement will prevent the starting sequence from operating unless the drive train is disengaged by way of the clutch pedal or other similar device. The department is aware of three injuries and three fatalities (one fatality in the last five years) resulting from the lack of a CII. In one case, the operator of a vehicle leaned in through the passenger side window to start the engine without depressing the clutch. The transmission control was in gear and the vehicle moved forward. As a result, the operator was fatally injured as he was pinned between the car and a building. In a similar incident, a driver lost control of his vehicle when he started the engine with the transmission control in gear and without depressing the clutch. The "runaway" vehicle struck and killed two children who had been standing nearby. On another occasion, a vehicle was left in gear and then was started using a remote auto-starter. The vehicle moved forward and pushed a bicycle rack through a window. In this case no one was injured, but the "runaway" vehicle caused a substantial amount of property damage. Thus, the requirements for a BSI on vehicles with a transmission control sequence with a park position and for a CII on vehicles equipped with a manual transmission are intended to alleviate safety problems associated with vehicle "sudden accelerations" and "runaways" as described in this section. An interlock feature on all vehicles will minimize confusion and the risk of misuse among drivers who operate different vehicles. Effective Date The amendment relating to starter operability will come into force on the date of its registration by the Clerk of the Privy Council. The amendments relating to the BSI and CII will come into force two years after the date of their registration by the Clerk of the Privy Council. Alternatives The department has considered several alternatives to the amendments, including maintaining the status quo or adopting a non-regulatory or voluntary approach. Furthermore, the department researched foreign legislation and found no regulatory solutions applicable to the Canadian situation. With respect to the starter operability, maintaining the status quo was not considered an option because the existing regulation did not include provisions for "start and stop" technology vehicles. The department believes that the regulatory approach not only clarifies the intent of the starter operability requirement, but also maintains current road and operator safety. Furthermore, by allowing "start and stop" technology, the amendment will promote cleaner, more environmentally friendly automotive technology in Canada, such as that found on hybrid vehicles. The department evaluated the possibility of maintaining the status quo and not requiring the installation of BSI and CII systems on vehicles. However, due to the number of injury and fatality cases reported to and documented by the department, it is clear that implementing the amendment will further enhance the safety of Canadians. The department also considered allowing the industry to continue installing the BSI and CII systems on a voluntary basis. This alternative was rejected, despite the fact that the majority of vehicle models currently sold in Canada have a BSI or a CII, because some manufacturers have not agreed to install these features voluntarily. Moreover, while the incidents of "sudden accelerations" and "runaways" have been reduced by the voluntary installation of these systems, injuries and fatalities are still being reported. The department does not consider that voluntary compliance has created a sufficient level of safety, and a regulated approach is therefore necessary. In summary, the department believes that there are significant benefits to be gained from BSI and CII systems, as well as "start and stop" technology. Therefore, the department believes that the only appropriate action is to amend the regulation. Benefits and Costs The amendment to subsection CMVSS 102(2) will clarify its intent and will allow the sale of new technology vehicles. The starter operability requirement is intended for vehicles equipped with an automatic transmission and will be limited to the initial start-up of the vehicle's propulsion source. Considering that this amendment to the starter operability requirement will allow new and innovative technologies to be introduced in Canada without affecting any vehicle designs manufacturers currently have, the department believes that this change will be cost-beneficial. Following consultations with various manufacturers, the department has concluded that the safety benefits associated with the mandatory installation of a BSI or a CII heavily outweigh the costs. In addition, the mandatory requirement for the installation of a BSI or a CII should not raise significant concerns for manufacturers, since most have voluntarily installed these devices in their vehicles for many years and are aware of the problems associated with "sudden accelerations" and "runaways". The department surveyed all vehicle manufacturers to determine which do not equip their vehicles with a BSI or a CII. Three manufacturers responded that some of their models were not so equipped. In 2001, these models represented less than one percent of all the vehicles sold in Canada (see footnote 4) . Therefore, the overall cost impact of this part of the amendment should be minimal. The installation of a BSI in light-duty vehicles should eliminate the problem of "sudden acceleration". Over the years 1972 to 2002, the department received more than 650 complaints on this issue, regarding cases that resulted in over 170 reported injuries (see Fig. 1) and over 10 reported fatalities (see footnote 5) . As mentioned, most vehicles manufactured for the Canadian market already have a BSI or a CII. In addition to mitigating the potential for "sudden accelerations" and "runaways", the amendment will promote common starting and shifting procedures among all vehicles, which should provide consistency in driving operations, eliminate confusion among drivers and in turn increase safety. Installation costs are estimated at less than $6 per vehicle for a BSI system and less than $2 per vehicle for a CII system (see footnote 6) . The department receives complaints from the public on a regular basis related to the absence of a BSI or CII. As previously noted, the department has found that an average of 3.2 (19 percent) of the 17 annual incidents result in injuries and 0.4 (2.5 percent) in fatalities from the lack of a BSI. As well, there are 0.2 fatalities yearly from the lack of a CII (see footnote 7) . If a conventional formula is used for calculating the social cost of these incidents (based on current actuarial figures used by the department's Road Safety Directorate), the dollar value is calculated to be $2.021 million per life and $15,903 per injury (see footnote 8) . (All dollar values are in 2001 Canadian dollars.). The total annual benefit for preventing these injuries would be $50,890. The total annual benefit for preventing these fatalities would be $1,212,600. Together, the total annual benefit for preventing these injuries and fatalities would be $1,263,490. Assuming the 2003 sales data are similar to the sales data gathered from 2001, it is reasonable to estimate that fewer than 14,000 vehicles will be affected by this amendment. Of the 14,000 vehicles, the BSI requirement will affect fewer than 13,000 vehicles and the CII requirement will affect fewer than 1,000. (see footnote 9) Using the estimated installation cost of $6 for a BSI and $2 for a CII, (see footnote 10) the estimated total cost is $80,000. The benefit to cost ratio is then calculated to be 15.8/1, indicating that the benefits of the amendment significantly outweigh the associated costs. This amendment is also expected to have a positive impact on the environment, as the new starter operability requirement will permit the use of a more environmentally friendly means of transportation. Consultation Notice of the Department of Transport's intention to make this amendment was pre-published in the Canada Gazette, Part I, on October 12, 2002, and a 75-day consultation period was allotted. The department received four comments from the Canadian Vehicle Manufacturers' Association (CVMA) and one from the Association of International Automobile Manufacturers of Canada (AIAMC). The CVMA expressed some concern with the wording used in the proposed amendment pertaining to the starter operability requirement. They suggested an alternative wording, which the department agrees would accomplish the same result while being clearer; hence the department has made the appropriate changes. Furthermore, for clarity, the wording used for the CII requirement was revised to include similar wording used for the starter operability text. For purpose of style consistency, the CVMA suggested adding the words "unless the service brake pedal is depressed or unless the service brake is engaged" to the BSI requirement. The department agrees and has amended the BSI requirement appropriately. The resulting text reads as follows: "If a passenger car, multi-purpose passenger vehicle or truck 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". Furthermore, the CVMA and the AIAMC requested that the new BSI and CII requirements not come into force until two years after the date of their registration by the Clerk of the Privy Council. The department agreed, as some vehicle models will be phased out within one year of the original proposed effective date. The department has thus amended the effective dates accordingly. The final comment from the CVMA pertained to collaboration with the United States on developing common BSI and CII requirements. Transport Canada has a policy of harmonizing vehicle safety requirements where this harmonization will benefit Canadians. The department also has legal authority to develop regulations where such requirements would benefit the safety of Canadians. The department agrees with the CVMA and has kept the U.S. informed with respect to Transport Canada's findings and regulatory initiatives. However, based on the department's data, there is an immediate need for a BSI and a CII requirement in Canada. It is an important initiative that will mitigate the occurrences of "sudden acceleration" and "runaways", thus improving vehicle safety for Canadians. After careful review, the department believes that a vehicle meeting the Canadian requirements in that area will not contravene any U.S. requirements. 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 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 may be subject to prosecution and, if found guilty, may be fined as prescribed in the Motor Vehicle Safety Act. Contact
Road Safety and Motor Vehicle Regulation Directorate Department of Transport 330 Sparks Street Ottawa, Ontario K1A 0N5 Telephone: (613) 998-1962 FAX: (613) 990-2913 E-mail: riegerj@tc.gc.ca S.C. 1993, c. 16 S.C. 1999, c. 33, s. 351 S.C. 1993, c. 16 C.R.C., c. 1038 C.R.C., c. 1038 Canadian Vehicle Manufacturers' Association (CVMA) sales data and provincial registrations for 2001 CMVA sales data and provincial registrations for 2001 Data from public complaints logged by the department Based on industry-supplied dealer net cost of factory BSI and CII assemblies (2001) Last five-year average of the department's logged cases of "sudden accelerations" and runaways" The 2001 figures for cost of life and cost of injury have been developed by updating the base estimation of $1,500,000 in 1991 dollars, which was made by Transport Canada and updated to the year 2001 by taking into account the gross domestic product (GDP) at basic price cost for the years 1991 to 2001. The GDP at basic price cost was compiles by Statistics Canada, Gross Domestic Product (All Industries), Cat. No. 15-001, 1994; and Transport Canada, Guide to Benefit-Cost Analysis in Transport Canada, Transport Canada, Ottawa, Ontario, TP11875E, September 1994 CMVA sales data and provincial registrations for 2001 Based on industry-supplied dealer net cost of factory BSI and CII assemblies (2001) |
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