Vol. 133, No. 38 — September 18, 1999

Regulations Amending the Motor Vehicle Safety Regulations (Liquefied Petroleum Gas)

Statutory Authority

Motor Vehicle Safety Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Motor Vehicle Safety regulations (MVSR) 2(1), 301, 301.1 and 301.2 will be amended and updated as described herein. The associated Test Methods detailing the crash test methods and procedures to be used in demonstrating compliance with the Regulations, will also be amended as described.

MVSR 2(1), Liquefied Petroleum Gas (LPG)

The definition of "Liquefied Petroleum Gas" will be updated to refer to the most recent Canadian General Standards Board standard, CAN/CGSB-3.14-M88.

MVSR 301, Fuel System Integrity

The current MVSR 301 requires that all vehicles with a Gross Vehicle Weight Rating (GVWR) of 4 536 kg or less be crash tested in three directions: forward into a fixed barrier at 48 km/h, and with a moving barrier laterally at 32 km/h and from the rear at 48 km/h. After each test, and during a rotational test, the vehicle's fuel system must not leak more than the specified amount of fuel. School buses with a GVWR of more than 4 536 kg must be subjected to a moving contoured barrier test. This test consists of the bus being struck at any angle and at any point by the contoured barrier moving at 48 km/h.

This amendment will revise the regulation by referencing the updated Test Method. This change in reference, along with other wording changes, results in the regulation being easier to understand.

Several changes have been made to Test Method 301. Section headings have been added and the fuel integrity requirements have been grouped together. The drawings have been revised and redrawn. The word "weight" has been replaced by the word "mass" throughout the document and the unit of mass has been revised to kilograms. A clause has been added indicating that the vehicle's "unloaded vehicle mass" does not include that of "work performing accessories". This change provides harmony with the requirements of MVSR 212 and 219 and Test Method 208. The references to the skid testing requirement have been updated to the latest standard (American Society for Testing and Materials [ASTM], E-274-90). In addition, the Skid Number has been revised to 75 to be in harmony with the National Highway Traffic Safety Administration's (NHTSA's) Federal Motor Vehicle Safety Standard (FMVSS) 301. The references to Stoddard solvent have also been updated to the new standard (ASTM D-235-95, "Standard for Mineral Solvents"). Finally, the contoured barrier height has been revised to 133 mm to be in harmony with FMVSS 301.

MVSR 301.1, Liquefied Petroleum Gas (LPG) Fuel System Integrity

The current MVSR 301.1 allows two means of demonstrating compliance. One is barrier crash testing where vehicles with a GVWR of 4 536 kg or less are tested in three directions: forward into a fixed barrier at 48 km/h, and with a moving barrier laterally at 32 km/h and from the rear at 48 km/h. After each test, the vehicle's fuel system is required to remain intact and maintain a minimum of 95 percent of its original pressure. It is also mandatory that the fuel containers not become detached from the vehicle at any attachment point. Vehicles with a GVWR of more than 4 536 kg are subjected to a moving barrier test, which consists of the vehicle being struck, at any angle and at any point, by a contoured barrier moving at 48 km/h.

As an alternative, manufacturers are permitted to comply with the requirements of Canadian Gas Association Preliminary Standard 12.2, "Propane Fuel Systems Components for Highway Vehicles", and the installation requirements specified in the National Standard of Canada CAN 1-B149.2-M80, Installation Code for Propane Burning Appliances and Equipment. These standards included the best requirements and installation practices for LPG systems that were available in 1985. As the component standard was written for propane appliances and trucks meant for delivering propane, it did not sufficiently cover the installation of propane equipment for vehicle fueling. To compensate for this shortcoming, additional requirements were added to MVSR 301.1.

As the use of propane as an automotive fuel developed, the industry made updates to the component standard, and subsequently created a separate standard covering propane installations on vehicles. This new installation standard (CAN/CGA-B149.5 M95, Installation Code for Propane Systems and Tanks on Highway Vehicles) covers all of the additional requirements that were originally specified in MVSR 301.1.

As a result of these new standards, there are now inconsistencies between them and the requirements of MVSR 301.1. These inconsistencies have resulted in manufacturers not being able to follow the option of constructing vehicles in compliance with the component and installation standards. This amendment will adopt by reference the latest industry standards for propane components and installation, these being CAN/CGA-12.2, Propane Fuel System Components for Use on Highway Vehicles and CAN/CGAB-149.5, Installation Code for Propane Fuel Systems and Tanks on Highway Vehicles. The adoption of these standards will again permit manufacturers the option of following the industry standards in place of crash testing.

MVSR 301.1 is also being updated to include clauses allowing compliance with the latest version of the standard in effect 12 months prior to the manufacture of the vehicle. This change will result in the regulation automatically referring to standards which reflect the state-of-the-art. Consequently, technological advances will be permitted by allowing manufacturers to comply with updated standards.

Several other revisions to MVSR 301.1 are also being completed. The word "leakage" will be replaced by the defined term "fuel spillage". This change was requested by the Ford Motor Company of Canada in a letter noting concern with the current no-leakage requirement of MVSR 301.1. Ford requested an interpretation of the meaning of leakage to be a "fall, flow or run of test fluid", which is the defined meaning of "fuel spillage". Changes are also being proposed requiring that all LPG-fueled school buses be crash tested. This requirement is consistent with the requirements of MVSR 301.

The proposed Test Method has been updated to the new format and changes made similar to those noted above for Test Method 301. In addition, the title has been changed to reflect the removal of the compressed natural gas (CNG) requirements.

MVSR 301.2, Compressed Natural Gas (CNG) Fuel System Integrity

The current MVSR 301.2 requires that all Compressed Natural Gas (CNG) vehicles, except for vehicles with containers mounted 183 cm or more above ground level, must pass a crash test. As with the LPG crash testing option, all vehicles with a GVWR of 4 536 kg or less must be tested in three directions and vehicles with a GVWR of more than 4 536 kg must be subjected to the moving contoured barrier test. Subsequent to each test, the vehicle must not leak more than the specified amount of compressed gas and the fuel tanks must not become detached from the vehicle. Vehicles that have tanks mounted above 183 cm are given the option of meeting the industry standard, CAN/CGA-B149.4, Natural Gas for Vehicles Installation Code in lieu of crash testing. This standard includes requirements for the installation and testing of system components, piping, valving and tanks.

As with LPG, the industry has matured and there is now a new standard for natural gas fuel system components. Since the industry standards for the use of natural gas as a vehicle fuel have substantially matured, MVSR 301.2 will be revised to allow compliance with either the barrier crash test or with the industry standards. As with MVSR 301 and 301.1, school bus fuel system integrity will continue to be based on crash testing.

There are several other changes being made to MVSR 301.2. Minor wording changes to the container attachment requirement were made to ensure that detachment in an enclosed space would constitute a test failure. The unit of kilopascals is being added to the allowable leakage equation. The exemption for vehicles with high-mounted tanks is also being removed as it will no longer be required. Minor wording changes were made to the barrier crash test subsection to maintain consistency with the LPG regulation. As well, the clause allowing compliance with the latest version of the standard in effect 12 months prior to the manufacture of the vehicle has been included for the Canadian Standards Association referenced standards.

Significant changes are also being made to the CNG storage container requirements. Again, the industry has sufficiently matured to the extent that there are now specific industry standards in both Canada and the United States for CNG containers for vehicle use. These new standards include requirements and tests, including bonfire and exterior environmental chemical tests. It is proposed that containers meeting the requirements of either CSA B51, Part 2, High-Pressure Cylinders for the Onboard Storage of Natural Gas as a Fuel for Automotive Vehicles or the National Standards Institute/American Gas Association ANSI/AGA NGV2-1998, Basic Requirements for Compressed Natural Gas Vehicle (NGV) Fuel Containers be used.

Test Method 301.2 has been updated to the new format and changes made similar to those noted above for Test Method 301.

Implementation

It is proposed that this amendment will be effective 30 days after registration.

Alternatives

The Department of Transport believes that it is important to make the proposed changes. The option of not making the changes has not been considered, since the significant portion of this amendment proposes the implementation of updated industry standards. These industry standards have been updated by committee experts, covering a wide range of industry and government backgrounds. The implementation of these new industry standards will improve vehicle safety by providing a means, for small manufacturers and manufacturers producing limited quantities of alternatively fueled vehicles, to demonstrate compliance.

Benefits and Costs

The Department of Transport does not expect there to be any costs incurred in complying with the proposed amendments. The Department expects there will be a cost saving for small manufacturers and manufacturers producing limited quantities of alternatively fueled vehicles, as they will be able to demonstrate compliance by following industry standards. This amendment will remove barriers to the introduction of technological improvements to vehicles being manufactured to use gaseous fuels.

Research into vehicle fires has not provided any statistically significant information on the safety of propane and natural gas as a vehicle fuel. A review of over 1 100 accident cases completed by the university teams under contract to Transport Canada yielded no cases involving a CNG fuel fire and only two cases involving an LPG fuel fire.

One LPG related case resulted from a collision where a police cruiser struck a full-sized van from the rear. The gasoline fuel tank of the van was punctured by an after-market installed towing hitch. The loss of fuel integrity of the tank resulted in a fire in the engine compartment and part of the interior of the police cruiser. While the police vehicle was fueled by propane, the propane system did not experience a loss of system integrity.

The second case involved a school bus that was manufactured to operate on gasoline, but was later altered to operate on propane. This school bus was struck from the rear by a fully laden B train tractor combination, with a total Gross Combination Weight Rating of 55 000 kg (120 000 lb.). The collision impact damaged the propane storage tanks resulting in a fire which destroyed the bus and caused three deaths. The fire appears to be a result of the after-market installed propane tanks. The installation of these tanks would not have met either the Department of Transport regulations that were in place at the time, or the current industry standards, Canadian Gas Association CAN/CGA-B149-M95, which this amendment proposes.

The only other source of information on Canadian vehicle collision statistics is the Traffic Accident Information Database (TRAID). As this database does not allow a separation of accident data based on fuel type, it could not be used to provide any CNG or LPG fuel safety data.

Consultation

Motor vehicle manufacturers, importers and national public safety organizations were given the opportunity to comment on the proposed changes during their regular meetings with the Department of Transport.

Since the publication of the LPG regulation in 1985, the Department has received several requests for changes and updates to its specific requirements. As noted, the Ford Motor Company of Canada has requested that the term "leakage" be replaced by the defined term "fuel spillage." General Motors Canada has requested that the tank attachment requirements be harmonized with those of the CNG regulation by eliminating the no detachment at any attachment point requirement. Also, Western Star Trucks of Kelowna, British Columbia, have written requesting that either it be exempt from the MVSR 301.1 requirements or that the regulation be amended to allow compliance with the more recent industry standards. In its letter, it noted that the regulation refers to outdated standards that are inappropriate for current conversion equipment. These amendments will take account of all of the noted concerns.

After presentation of the proposed changes at a Regulatory Steering Committee meeting, Chrysler Canada requested that further changes be completed, prior to the Canada Gazette, Part I, publication. Specifically, Chrysler requested that: changes be made to the fuel container attachment requirement of MVSR 301.1; the requirement to barrier crash test vehicles over 4 536 kg be deleted from both MVSR 301.1 and 301.2; leakage limits be included in MVSR 301.1; and that the fuel container requirements of MVSR 301.2 be harmonized with those of the National Highway Traffic Safety Administration's (NHTSA) FMVSS 304 regulation.

Following consideration of these requests, the Department made further changes to the proposal. The fuel tank attachment requirement was reviewed and revised. Chrysler Canada's comment that the requirement for LPG containers to remain attached at all attachment points was "exceedingly stringent", was accepted. To guard against the potential that a tank, mounted in an enclosed space such as a vehicle luggage compartment enclosure, could become free at all mounting points, but remain in the vehicle, the requirement for the tank to "remain attached at a minimum of one attachment point," has been included in both MVSR 301.1 and 301.2.

The Department does not accept Chrysler Canada's suggestion to limit the crash test requirements of MVSR 301.1 and 301.2 to vehicles with a GVWR or 4 536 kg or less. CNG and LPG are significantly different to diesel and gasoline fuels and they present different safety issues. As an alternative, the Department of Transport is proposing to allow all manufacturers to demonstrate MVSR 301.1 and 301.2 compliance by using national standards in place of crash testing. This will ease the burden for both small manufacturers and manufacturers of limited production vehicles.

The Department also does not accept Chrysler Canada's position that leakage of LPG should be allowed to the same level as gasoline and diesel-fueled vehicles. The Department notes that the present fuel injection systems used for both gasoline and diesel fuel seldom leak during crash testing. As the technology currently exists to prevent any fuel leakage, and Chrysler Canada did not provide any technical reason for its suggestion, no changes to the originally proposed requirements are being made.

The Department has reviewed Chrysler Canada's request to harmonize the CNG container requirements of MVSR 301.2 with those of the NHTSA's FMVSS 304. As FMVSS 304 does not presently include any environmental testing requirements, the Department is unable to accept it as an alternative. Recent tank failures have occurred on containers that were not tested to environmental requirements. The fuel container industry standards that the Department is proposing include numerous testing requirements, including those addressing environmental protection.

It is possible to comment on the content of this amendment during the consultation period that will follow its publication in Part I of the Canada Gazette. Also, comments may be made at any of the regular meetings that are held with industry representatives to discuss regulatory development matters. 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 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 is subject to prosecution and, if found guilty, may be fined as prescribed in the Motor Vehicle Safety Act.

Contact

Dan Davis, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-1962 (Telephone), (613) 990-2913 (Facsimile), DAVISDA@tc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

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 and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Liquefied Petroleum Gas).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 60 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 Dan Davis, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5.

The representations should stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which those parts should remain undisclosed. The representations should also stipulate those parts of the representations for which there is no objection to disclosure pursuant to the Access to Information Act.

Ottawa, September 15, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (LIQUEFIED PETROLEUM GAS)

AMENDMENTS

1. The definition "liquefied petroleum gas" or "LPG"(see footnote 1) in subsection 2(1) of the Motor Vehicle Safety Regulations(see footnote 2) is replaced by the following:

"liquefied petroleum gas" or "LPG" means a hydrocarbon product that meets National Standard of Canada CAN/CGSB-3.14-M88, Liquefied Petroleum Gas (Propane) (August 1988). (gaz de pétrole liquéfié ou GPL)

2. The heading "Fuel System Integrity" before section 301 and sections 301 to 301.2(see footnote 3) of Schedule IV to the Regulations are replaced by the following:

Fuel System Integrity

301. (1) A vehicle with a GVWR of 4 536 kg or less 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 fuel spillage requirements set out in subsections (3) and (4) when tested in accordance with Test Method 301 — Fuel System Integrity (August 10, 1999) and without alteration of the vehicle during the test sequence

(a) by the vehicle impacting a fixed collision barrier that is at any angle of up to 30° in either direction to the perpendicular to the vehicle's line of travel while the vehicle is travelling longitudinally forward at any speed up to and including 48 km/h;

(b) by a collision barrier travelling at 48 km/h impacting the vehicle from the rear; and

(c) by a collision barrier travelling at 32 km/h impacting the vehicle laterally on either side.

(2) A school bus with a GVWR of more than 4 536 kg 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 fuel spillage requirements set out in subsection (3) when tested in accordance with Test Method 301 — Fuel System Integrity (August 10, 1999) by a moving contoured barrier assembly travelling at any speed up to 48 km/h impacting the vehicle at any point and any angle.

(3) When a vehicle is tested in accordance with this section, fuel spillage after each impact shall not exceed

(a) 28 g from the moment of impact until motion of the vehicle ceases;

(b) a total of 142 g during the five-minute period after motion of the vehicle ceases; and

(c) 28 g during any one-minute interval for the subsequent 25-minute period.

(4) When a vehicle is rotated, following each barrier crash test, on its longitudinal axis to each successive increment of 90°, fuel spillage, from the onset of rotational motion, shall not exceed

(a) a total of 142 g during the first five minutes of testing at each successive increment of 90°; or

(b) 28 g during any one-minute interval for the remaining testing period, at each increment of 90°.

LPG Fuel System Integrity

301.1 (1) Subject to subsection (3), 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 (August 10, 1999),

(a) in the case of a vehicle with a GVWR of 4 536 kg or less,

(b) in the case of a vehicle with a GVWR of more than 4 536 kg, by a moving contoured barrier assembly travelling at any speed up to 48 km/h impacting the vehicle at any point and any angle.

(2) When a vehicle is tested in accordance with subsection (1),

(a) there shall be no fuel spillage from the fuel system after each impact from the moment of the impact until one-half hour after motion of the vehicle ceases;

(b) the temperature-corrected pressure in the fuel system shall not decrease to less than 95 per cent of that required at the start of the test during each barrier crash test or during the one-half hour after the motion of the vehicle ceases following each impact; and

(c) the fuel container shall remain attached to the vehicle at a minimum of one attachment point.

(3) Instead of complying with subsections (1) and (2), a vehicle, other than a school bus, that is equipped with a fuel system that uses LPG as a source of energy for its propulsion may comply with

(a) the latest version of National Standard of Canada CAN/CGA-12.2, Propane Fuel System Components for Use on Highway Vehicles, that is in effect 12 months before the date of commencement of the manufacture of the vehicle, despite any statement to the contrary in that Standard; and

(b) section 4, Installation of Propane Fuel Systems and Tanks on Highway Vehicles, of the latest version of National Standard of Canada CAN/CGA-B149.5, Installation Code for Propane Fuel Systems and Tanks on Highway Vehicles, that is in effect 12 months before the date of commencement of the manufacture of the vehicle, except that the following requirements do not apply:

CNG Fuel System Integrity

301.2 (1) Subject to subsection (3), 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 (August 10, 1999),

(a) in the case of a vehicle with a GVWR of 4 536 kg or less,

(b) in the case of a vehicle with a GVWR of more than 4 536 kg, by a moving contoured barrier assembly travelling at any speed up to 48 km/h impacting the vehicle at any point and any angle.

(2) When a vehicle is tested in accordance with subsection (1),

(a) the fuel container shall remain attached to the vehicle at a minimum of one attachment point; and

(b) when the initial fuel container pressure is the maximum operating pressure or 20 680 kPa, the pressure in the fuel container shall not decrease during the 60-minute period after each impact by more than the greater of

895 (T/V_FS)

(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 latest version of National Standard of Canada CAN/CGA-B149.4, Natural Gas for Vehicles Installation Code, that is in effect 12 months before the date of commencement of the manufacture of the vehicle, except that the following requirements do not apply:

(a) any requirement to obtain an approval from, or to act under the supervision of, an authority having jurisdiction or the boiler and pressure vessel inspection authority of a province or territory; and

(b) any requirement respecting inspection, service or repair after the main assembly of the vehicle has been completed.

(4) Only a CNG cylinder that is marked in accordance with the marking requirements in one of the following standards to indicate that the cylinder complies with that standard may be installed on a vehicle that is equipped with a fuel system that uses CNG as a source of energy for its propulsion:

(a) the latest version of Canadian Standards Association Standard CSA B51, Part 2, High-Pressure Cylinders for the Onboard Storage of Natural Gas as a Fuel for Automotive Vehicles, that is in effect 12 months before the date of commencement of the manufacture of the vehicle; or

(b) American National Standard ANSI/IAS - NGV2-1998, Basic Requirements for Compressed Natural Gas Vehicle (NGV) Fuel Containers (June 1998).

COMING INTO FORCE

3. These Regulations come into force 30 days after the day on which they are registered.

[38-1-o]

Regulations Amending the Motor Vehicle Safety Regulations (Vehicles Imported Temporarily for Special Purposes, Compliance Labels and Competition Vehicles)

Statutory Authority

Motor Vehicle Safety Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This proposed amendment would make essentially three changes to the Motor Vehicle Safety Regulations. It would introduce a new prescribed class of vehicle called "vehicle imported temporarily for special purposes"; it would prohibit anyone but the manufacturer from affixing the compliance label; and it would introduce an identification requirement for all competition vehicles, while at the same time deregulating competition motorcycles and competition snowmobiles.

Vehicles Imported Temporarily for Special Purposes

The Motor Vehicle Safety Act permits the temporary importation into Canada of vehicles that do not comply with all the applicable safety requirements if they are to be used for exhibition, demonstration, or testing. Non-compliant vehicles imported for these latter purposes may not remain in Canada longer than one year, and the importer must make the declaration specified in Schedule VII to the Regulations. Due to changes that have taken place relatively recently, mechanisms no longer exist to permit the temporary importation of non-compliant vehicles for further manufacturing prior to export or for special purposes (such as for entertainment industry productions or to haul oversized or heavy components).

Previously, it was possible to temporarily import non-compliant vehicles for further manufacturing prior to export under an Inward Processing License, which was issued by the Department of National Revenue. These vehicles were allowed entry because they were not to be used on public roadways and would not remain in Canada. Due to a change of policy by the Department of National Revenue, non-compliant vehicles may no longer be imported temporarily for further manufacturing prior to export under an Inward Processing License.

In order to continue to permit the temporary importation of vehicles for the above purposes, this amendment proposes to introduce a new prescribed class of vehicle that would be called "vehicle imported temporarily for special purposes". In addition, the definitions of the other classes of vehicle would be amended to exclude vehicles imported temporarily for special purposes. The new class would be defined as follows:

"vehicle imported temporarily for special purposes" means a vehicle imported into Canada for a period not longer than one year solely for the purpose of

(a) undergoing further manufacturing prior to export, or

(b) conducting works or operations that require a specially designed vehicle for entertainment industry productions, civil engineering projects or similar works or operations; (véhicule importé temporairement à des fins spéciales)

The vehicle would be required to bear a vehicle identification number (VIN) in accordance with section 115 of the Regulations, but a compliance label would not be necessary. The importer would also be required to make the same declaration that currently applies to vehicles imported temporarily for exhibition, demonstration, or testing purposes. The declaration would be amended to include vehicles imported temporarily for special purposes.

Requirement for the Compliance Label to Be Affixed by the Manufacturer

An amendment to section 6 of the Regulations, published in the Canada Gazette, Part II, on April 5, 1995, (see footnote 4) removed the requirement for the compliance label to " . . . be permanently affixed by the manufacturer of the vehicle . . .". The compliance label attests that the vehicle to which it is affixed conforms to all the applicable safety standards. Removing the stipulation that only the manufacturer may affix the compliance label has inadvertently allowed it to be affixed by the vehicle importer. Since the manufacturer is responsible for conducting tests that demonstrate the compliance of its vehicles with the applicable safety standards, and since the manufacturer must keep records of these tests, it is the manufacturer who knows whether or not the vehicle is compliant. In order to eliminate the ambiguities that may arise when a compliance label is affixed by anyone other than the manufacturer, this amendment proposes to change subsection 6(1) to read as follows:

6. (1) A company that manufactures a vehicle of a prescribed class that meets the requirements of these Regulations shall ensure that the vehicle, other than a vehicle imported temporarily for special purposes, bears a compliance label displaying at least . . . .

Competition Vehicles

This proposed amendment would also make several changes to the requirements governing competition vehicles. The Motor Vehicle Safety Regulations apply only to specified classes of vehicles, which include passenger cars, motorcycles, restricted-use motorcycles, snowmobiles, multipurpose passenger vehicles, trailers, trucks and buses. Section 6 of the Regulations stipulates that regulated vehicles must carry a compliance label. Each class of regulated vehicle must also conform to specified safety standards that are set out in Schedule III of the Regulations. According to Schedule III, virtually every class of vehicle must meet the requirements of section 115, which specifies that regulated vehicles must have a VIN and which sets out the composition rules for VINs.

At the moment, competition motorcycles are considered as a subclass of restricted-used motorcycles, and competition snowmobiles as a subclass of snowmobiles, making them regulated vehicles. As a result, both competition motorcycles and competition snowmobiles must carry a compliance label and have a vehicle identification number that may be composed of fewer than the 17 alphanumeric characters required for the other classes. Competition cars, on the other hand, are specifically excluded from the definition of "passenger car" and, therefore, are not required to bear a compliance label, to conform to safety standards, or to have a VIN.

According to the definitions of "competition motorcycle" and "competition snowmobile" that appear in subsection 2(1) of the Regulations, these vehicles are required to bear a label stating that they are either a competition motorcycle or a competition snowmobile, that they are for use exclusively in closed-course competition, and that they are not intended for use on public roadways or trails. The requirement for such a label does not apply to competition cars or other competition vehicles. Nominally, restricted-use motorcycles must also comply with the requirements of section 108, which deals with lighting equipment; however, subsection 108(2) specifically exempts competition motorcycles. It is the same for competition snowmobiles, which are exempted from complying with the requirements of the snowmobile standard by subsections 1201(1) and (6).

Since competition motorcycles and competition snowmobiles are manufactured in limited numbers and are not for use on public roadways, it is questionable whether safety is served by requiring them to bear a compliance label and to have a vehicle identification number. In order to facilitate the importation of these vehicles and streamline the regulatory process, this amendment would remove the requirement for competition motorcycles and competition snowmobiles to carry a compliance label and have a VIN. The existing definitions of "competition car", "competition motorcycle", and "competition snowmobile" would be repealed and replaced by the more general term "competition vehicle", which would be defined as follows:

"competition vehicle" means a vehicle that is designed for use exclusively in closed-course competition, and

(a) bears a label affixed by the manufacturer stating, in both official languages, that the vehicle is a competition vehicle and is for use exclusively in closed-course competition, or

(b) is accompanied by a signed declaration clearly indicating that the vehicle is a competition vehicle and is for use exclusively in closed-course competition; (véhicule de compétition)

The existing definitions of "motorcycle", "passenger car", "restricted-use motorcycle", and "snowmobile" would be revised to exclude competition vehicles.

As part of this amendment, the phrase "other than a competition motorcycle" would be deleted from subsection 108(2), and the phrase "other than a competition snowmobile" would be removed from subsections 1201(1) and 1201(6) of the snowmobile standard as they would no longer be necessary.

These changes would, in effect, deregulate competition motorcycles and competition snowmobiles in that it would no longer be required for them to bear a compliance label or have a vehicle identification number. As a consequence, their manufacturers would no longer be required to notify owners and the Minister of Transport of defects.

Other Changes

In addition to the foregoing, this proposed amendment would also make three minor "housekeeping" changes. Subsection 6(10), which stipulates that the statement required by the previous subsection be in both official languages after December 31, 1995, would be deleted. The language requirement would be incorporated into subsection 6(9) instead. In addition, this amendment would remove the address of the Snowmobile Safety and Certification Committee, Inc. from subsection 1201(1) in order to eliminate the need to amend the standard when the Committee's address changes.

The other proposed change would correct an error that caused subsection 113(3), which governs hood latch systems, to be deleted(see footnote 5) from the 1978 Consolidated Regulations of Canada, (C.R.C.), c. 1038. In 1979, an amendment to the C.R.C. erroneously renumbered the sections of the Motor Vehicle Safety Regulations so that section 113 became section 115, which governs the vehicle identification number. Before the section numbers were corrected,(see footnote 6) a subsequent amendment that pertained to the vehicle identification number inadvertently deleted and replaced subsection 113(3). This error never appeared in the Department of Transport's Consolidation of the Motor Vehicle Safety Regulations, but it is reflected in the C.R.C. This amendment would legally remove the now outdated provision relating to the vehicle identification number from section 113 and replace it by the correct requirement.

Effective Date

This amendment would come into effect on the day on which it is registered by the Clerk of the Privy Council.

Alternatives

It is necessary to introduce the new prescribed class of "vehicle imported temporarily for special purposes" in order to allow the temporary importation of non-compliant vehicles for undergoing further manufacturing prior to export or for conducting works or operations that require special vehicles. Although these vehicles do not comply with all the applicable safety standards, they do not represent a safety risk because they are not driven on public roadways. To disallow the temporary importation of these vehicles could impose financial hardship on the importer or prevent beneficial work from being carried out in Canada.

The alternative of amending paragraph 7(1)(a) of the Motor Vehicle Safety Act to include vehicles imported temporarily for undergoing further manufacturing prior to export or for conducting works or operations that require special vehicles was considered. For the sake of practicality, this alternative was rejected; however, it will be considered again when the Act is next opened for review.

It is necessary for safety that the Regulations specifically state that only the manufacturer may affix a compliance label to a vehicle.

Requiring competition motorcycles and competition snowmobiles to bear a compliance label is not in harmony with United States practice, and it may have acted as a bureaucratic obstacle to the importation of these vehicles for sporting events in the past. On the other hand, it is important to safety that all competition vehicles be required to carry a label or be accompanied by documentation warning the user that they are to be used in closed-course competition only. For these reasons, there are no suitable alternatives to introducing the new term "competition vehicle" and to deregulating competition motorcycles and competition snowmobiles.

Benefits and Costs

It is estimated that this amendment would facilitate the yearly importation of 3 000 vehicles for undergoing further manufacturing prior to export and 100 vehicles for conducting works or operations that require special vehicles. The cost to the importer of assigning a vehicle identification number and making the required declaration is expected to be minimal. The costs to the Departments of Transport and National Revenue of processing the declarations and ensuring that the vehicles have left the country or been destroyed by the appointed date are not expected to be significant.

Reinstating the stipulation that only the manufacturer of a vehicle may affix the compliance label would impose no costs on manufacturers. No longer requiring competition motorcycles and competition snowmobiles to bear a compliance label would reduce the complexity of importing these vehicles into Canada. The cost of affixing a label to all competition vehicles stating their intended use or of providing documentation to the same effect is expected to be negligible. One anticipated benefit of the requirement for the label or documentation is that it would be immediately apparent when vehicles were not subject to the requirements of the Regulations, thereby facilitating enforcement.

Given the specialized use of competition vehicles, their small number, and the fact that they are not for use on public roadways, it is not anticipated that safety would be diminished by this change.

Consultation

Early notice of the Department of Transport's intention to make this amendment was not given in the Federal Regulatory Plan; however, motor vehicle manufacturers, importers, and public safety organizations were informed of this initiative through their regular meetings with the Department. No unfavourable comments were received. This proposed amendment will be subject to the normal consultation process through prepublication in the Canada Gazette, Part I, and interested parties will have 90 days in which to respond. All comments will be taken into consideration in the preparation 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 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 or if an importer does not fulfill the required conditions for importing vehicles, the manufacturer or importer is subject to prosecution and, if found guilty, may be fined as prescribed in the Motor Vehicle Safety Act.

Contact

Michel Baillot, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, Place de Ville, Tower C, 330 Sparks Street, Ottawa, Ontario K1A 0N5, (613) 998-2669 (Telephone), (613) 990-2913 (Facsimile), BAILLOM@tc.gc.ca (Electronic mail).

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 11(3) of the Motor Vehicle Safety Act, (see footnote b) that the Governor in Council, pursuant to section 5 and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Vehicles Imported Temporarily for Special Purposes, Compliance Labels and Competition Vehicles).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport within 90 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 Michel Baillot, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 330 Sparks Street, Ottawa, Ontario K1A 0N5.

The representations should also stipulate those parts of the representations that should not be disclosed pursuant to the Access to Information Act and, in particular, pursuant to sections 19 and 20 of that Act, the reason why those parts should not be disclosed and the period during which those parts should remain undisclosed. The representations should also stipulate those parts of the representations for which there is no objection to disclosure pursuant to the Access to Information Act.

Ottawa, September 15, 1999

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (VEHICLES IMPORTED TEMPORARILY FOR SPECIAL PURPOSES, COMPLIANCE LABELS AND COMPETITION VEHICLES)

AMENDMENTS

1. (1) The definitions "competition car", "competition motorcycle"(see footnote 7) and "competition snowmobile"(see footnote 8) in subsection 2(1) of the Motor Vehicle Safety Regulations(see footnote 9) are repealed.

(2) The definitions "bus", "chassis-cab"(see footnote 10), "motorcycle"(see footnote 11), "multipurpose passenger vehicle", "passenger car", "restricted-use motorcycle"(see footnote 12), "snowmobile"(see footnote 13), "trailer", "trailer converter dolly"(see footnote 14) and "truck"(see footnote 15) in subsection 2(1) of the Regulations are replaced by the following:

"bus" means a vehicle having a designated seating capacity of more than 10, but does not include a trailer or a vehicle imported temporarily for special purposes; (autobus)

"chassis-cab" means a vehicle, other than a vehicle imported temporarily for special purposes, that consists of a chassis on which may be mounted a cab, that is capable of being driven, drawn or self-propelled and that is designed to receive

(a) a passenger-carrying or cargo-carrying body including a body that incorporates a prime mover, or

(b) a work-performing structure other than a fifth-wheel coupling; (châssis-cabine)

"motorcycle" means a vehicle, other than a restricted-use motorcycle, a passenger car, a truck, a multipurpose passenger vehicle, a competition vehicle or a vehicle imported temporarily for special purposes, that

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

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

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

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

(e) has a minimum wheelbase of 1 016 mm, and

(f) does not have as an integral part of the vehicle a structure to enclose the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest; (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 passenger car, 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, competition vehicle, multipurpose passenger vehicle, antique reproduction vehicle, motorcycle, truck, trailer or a vehicle imported temporarily for special purposes; (voiture de tourisme)

"restricted-use motorcycle" means a vehicle, excluding a competition vehicle and a vehicle imported temporarily for special purposes, but including an all-terrain vehicle designed primarily for recreational use, that

(a) has steering handlebars,

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

(c) does not have as an integral part of the vehicle a structure to enclose the driver and passenger, other than that part of the vehicle forward of the driver's torso and the seat backrest, and

(d) bears a label, permanently affixed in a conspicuous location, stating, in both official languages, that the vehicle is a restricted-use motorcycle or an all-terrain vehicle and is not intended for use on public highways; (motocyclette à usage restreint)

"snowmobile" means a vehicle, excluding a competition vehicle and a vehicle imported temporarily for special purposes, but including a snowmobile conversion vehicle, that has a mass of not more than 450 kg, is designed primarily for travel on snow, has one or more steering skis and is driven by means of an endless belt or belts in contact with the ground; (motoneige)

"trailer" means a vehicle designed to carry or accommodate persons or property and to be drawn behind another vehicle, and includes a bus trailer, a pole trailer and a cable reel trailer, but does not include a mobile home, a trailer converter dolly or any earth-moving equipment, an implement of farm husbandry or a vehicle imported temporarily for special purposes; (remorque)

"trailer converter dolly" means a conversion chassis that is equipped with one or more axles, a lower half of a fifth-wheel coupling and one or two drawbars, but does not include a vehicle imported temporarily for special purposes; (chariot de conversion)

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

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

"competition vehicle" means a vehicle that is designed for use exclusively in closed-course competition and

(a) bears a label affixed by the manufacturer stating, in both official languages, that the vehicle is a competition vehicle and is for use exclusively in closed-course competition, or

(b) is accompanied by a signed declaration clearly indicating that the vehicle is a competition vehicle and is for use exclusively in closed-course competition; (véhicule de compétition)

"vehicle imported temporarily for special purposes" means a vehicle imported into Canada for a period not longer than one year solely for the purpose of

(a) undergoing further manufacturing prior to export, or

(b) conducting works or operations that require a specially designed vehicle for entertainment industry productions, civil engineering projects or similar works or operations; (véhicule importé temporairement à des fins spéciales)

2. (1) The portion of subsection 6(1)(see footnote 16) of the Regulations before paragraph (a) is replaced by the following:

6. (1) A company that manufactures a vehicle of a prescribed class that meets the requirements of these Regulations shall ensure that the vehicle, other than a vehicle imported temporarily for special purposes, bears a compliance label displaying at least

(2) Subparagraph 6(1)(f)(vi)(see footnote 17) of the Regulations is repealed.

(3) Subsections 6(9)(see footnote 18) and (10)(see footnote 19) of the Regulations are replaced by the following:

(9) In the case of a limited-speed motorcycle, a statement that the use of the vehicle may be restricted by provincial authorities to certain roads shall appear, in both official languages, on the compliance label referred to in subsection (1) or on a separate label permanently affixed to the vehicle in a conspicuous location.

(4) Subsections 6(12)(see footnote 20) and (13)(see footnote 21) of the Regulations are repealed.

3. (1) The portion of subsection 11(1)(see footnote 22) of the Regulations before paragraph (a) is replaced by the following:

11. (1) Subject to subsections (2) and (4) to (6), any person importing into Canada a vehicle of a prescribed class shall, at the nearest customs office that is open for business, make a declaration, signed by that person or that person's duly authorized representative, setting out

(2) Section 11 of the Regulations is amended by adding the following after subsection (5):

(6) Any person importing a vehicle imported temporarily into Canada for special purposes shall file with the Minister, prior to importation, a declaration signed by the person or the person's duly authorized representative, containing the information set out in Schedule VII.

4. Schedule III(see footnote 23) to the Regulations is replaced by the following:

SCHEDULE III

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

CANADA MOTOR VEHICLE SAFETY STANDARDS

Column I	Column II	Column III Classes of Vehicles
Item (CMVSS)	Description	Bus	Chassis- cab	Motorcycle	Restricted- use Motorcycle
101	Location and Identification of Controls and Displays	X	X
102	Transmission Control Functions	X	X
103	Windshield Defrosting and Defogging	X	X
104	Windshield Wiping and Washing System	X	X
105	Hydraulic Brake Systems	X
106	Brake Hoses	X	X	X
108	Lighting System and Retroreflective Devices	X	X	X	X
108.1	Alternative Requirements for Headlamps	X	X	X
110	Tire Selection and Rims
111	Mirrors	X		X
112	Headlamp Concealment Devices	X	X	X
113	Hood Latch System	X	X
114	Locking System
115	Vehicle Identification Number	X	X	X	X
116	Hydraulic Brake Fluids	X	X	X
118	Power-operated Windows, Power-operated Partitions and Power-operated Roof Panels
120	Tire Selection and Rims for Vehicles Other Than Passenger Cars	X	X	X
121	Air Brake Systems	X	X
122	Motorcycle Brake Systems			X
123	Controls and Displays — Motorcycles			X
124	Accelerator Control Systems	X	X
131	School Bus Pedestrian Safety Devices	X
135	Passenger Car Brake Systems
201	Occupant Protection	X
202	Head Restraints	X
203	Driver Impact Protection	X
204	Steering Column Rearward Displacement	X
205	Glazing Materials	X	X	X
206	Door Locks and Door Retention Components		X
207	Anchorage of Seats	X	X
208	Occupant Restraint Systems in Frontal Impact	X
209	Seat Belt Assemblies	X	X
210	Seat Belt Assembly Anchorages	X	X
210.1	Tether Anchorages for Child Restraints
212	Windshield Mounting	X
213.4	Built-in Child Restraint System and Built-in Booster Cushions	X
214	Side Door Strength	X
215	Bumpers
216	Roof Intrusion Protection	X
217	Bus Window Retention, Release and Emergency Exits	X
219	Windshield Zone Intrusion	X
220	Rollover Protection	X
221	School Bus Body Joint Strength	X
222	School Bus Passenger Seating and Crash Protection	X
301	Fuel System Integrity	X
301.1	LPG Fuel System Integrity	X	X
301.2	CNG Fuel System Integrity	X	X
302	Flammability	X	X
901	Axles
903	C-dolly Specifications
904	C-dolly Hitch Requirements
1106	Noise Emissions	X	X	X
1201	Snowmobile Standards
1207	Tie Down
1208	Tie Down
1209	Snowmobile Cutters

Column I	Column II	Column III Classes of Vehicles
Item (CMVSS)	Description	Multi- purpose Passenger Vehicle	Passenger Car	Snow- mobile	Snow- mobile Cutter
101	Location and Identification of Controls and Displays	X	X
102	Transmission Control Functions	X	X
103	Windshield Defrosting and Defogging	X	X
104	Windshield Wiping and Washing System	X	X
105	Hydraulic Brake Systems	X	X
106	Brake Hoses	X	X
108	Lighting System and Retroreflective Devices	X	X
108.1	Alternative Requirements for Headlamps	X	X
110	Tire Selection and Rims		X
111	Mirrors	X	X
112	Headlamp Concealment Devices	X	X
113	Hood Latch System	X	X
114	Locking System	X	X
115	Vehicle Identification Number	X	X	X
116	Hydraulic Brake Fluids	X	X
118	Power-operated Windows, Power-operated Partitions and Power-operated Roof Panels	X	X
120	Tire Selection and Rims for Vehicles Other Than Passenger Cars	X
121	Air Brake Systems
122	Motorcycle Brake Systems
123	Controls and Displays — Motorcycles
124	Accelerator Control Systems	X	X
131	School Bus Pedestrian Safety Devices
135	Passenger Car Brake Systems		X
201	Occupant Protection	X	X
202	Head Restraints	X	X
203	Driver Impact Protection	X	X
204	Steering Column Rearward Displacement	X	X
205	Glazing Materials	X	X
206	Door Locks and Door Retention Components	X	X
207	Anchorage of Seats	X	X
208	Occupant Restraint Systems in Frontal Impact	X	X
209	Seat Belt Assemblies	X	X
210	Seat Belt Assembly Anchorages	X	X
210.1	Tether Anchorages for Child Restraints		X
212	Windshield Mounting	X	X
213.4	Built-in Child Restraint System and Built-in Booster Cushions	X	X
214	Side Door Strength	X	X
215	Bumpers		X
216	Roof Intrusion Protection	X	X
217	Bus Window Retention, Release and Emergency Exits
219	Windshield Zone Intrusion	X	X
220	Rollover Protection
221	School Bus Body Joint Strength
222	School Bus Passenger Seating and Crash Protection
301	Fuel System Integrity	X	X
301.1	LPG Fuel System Integrity	X	X
301.2	CNG Fuel System Integrity	X	X
302	Flammability	X	X
901	Axles
903	C-dolly Specifications
904	C-dolly Hitch Requirements
1106	Noise Emissions	X	X
1201	Snowmobile Standards			X
1207	Tie Down				X
1208	Tie Down
1209	Snowmobile Cutters				X

Column I	Column II	Column III Classes of Vehicles
Item (CMVSS)	Description	Trailer	Trailer Converter Dolly	Truck	Vehicle Imported Temporarily for Special Purposes
101	Location and Identification of Controls and Displays			X
102	Transmission Control Functions			X
103	Windshield Defrosting and Defogging			X
104	Windshield Wiping and Washing System			X
105	Hydraulic Brake Systems			X
106	Brake Hoses	X	X	X
108	Lighting System and Retroreflective Devices	X		X
108.1	Alternative Requirements for Headlamps			X
110	Tire Selection and Rims
111	Mirrors			X
112	Headlamp Concealment Devices			X
113	Hood Latch System			X
114	Locking System			X
115	Vehicle Identification Number	X	X	X	X
116	Hydraulic Brake Fluids	X	X	X
118	Power-operated Windows, Power-operated Partitions and Power-operated Roof Panels			X
120	Tire Selection and Rims for Vehicles Other Than Passenger Cars	X	X	X
121	Air Brake Systems	X	X	X
122	Motorcycle Brake Systems
123	Controls and Displays — Motorcycles
124	Accelerator Control Systems			X
131	School Bus Pedestrian Safety Devices
135	Passenger Car Brake Systems
201	Occupant Protection			X
202	Head Restraints			X
203	Driver Impact Protection			X
204	Steering Column Rearward Displacement			X
205	Glazing Materials	X		X
206	Door Locks and Door Retention Components			X
207	Anchorage of Seats			X
208	Occupant Restraint Systems in Frontal Impact			X
209	Seat Belt Assemblies			X
210	Seat Belt Assembly Anchorages			X
210.1	Tether Anchorages for Child Restraints
212	Windshield Mounting			X
213.4	Built-in Child Restraint System and Built-in Booster Cushions			X
214	Side Door Strength			X
215	Bumpers
216	Roof Intrusion Protection			X
217	Bus Window Retention, Release and Emergency Exits
219	Windshield Zone Intrusion			X
220	Rollover Protection
221	School Bus Body Joint Strength
222	School Bus Passenger Seating and Crash Protection
301	Fuel System Integrity			X
301.1	LPG Fuel System Integrity			X
301.2	CNG Fuel System Integrity			X
302	Flammability			X
901	Axles	X
903	C-dolly Specifications		X
904	C-dolly Hitch Requirements	X
1106	Noise Emissions			X
1201	Snowmobile Standards
1207	Tie Down
1208	Tie Down	X
1209	Snowmobile Cutters

5. Subsection 108(2) (see footnote 24) of Schedule IV to the Regulations is replaced by the following:

(2) Every restricted-use motorcycle shall be equipped with the reflex reflectors required for motorcycles by paragraph S5.1.1 of TSD 108.

6. Subsection 113(3) (see footnote 25) of Schedule IV to the Regulations is replaced by the following:

(3) A front-opening hood that, in any position, partially or completely obstructs a driver's forward view through the windshield of the vehicle shall be provided with a second latching position on the hood latch system or with a second hood latch system.

7. Subsection 115(4) (see footnote 26) of Schedule IV to the Regulations is replaced by the following:

(4) The vehicle identification number of any vehicle imported temporarily for special purposes, any restricted-use motorcycle or any snowmobile may be composed of fewer than 17 alphanumeric characters.

8. The definition "motorcycle" (see footnote 27) in section 2 of Schedule V to the Regulations is replaced by the following:

"motorcycle" means a vehicle that has a headlamp, tail lamp, stop lamp and two or three wheels and a curb mass of less than or equal to 680 kg (1,499 pounds). It does not include a restricted-use motorcycle, a competition vehicle, an all-terrain vehicle, a vehicle that has an engine displacement of less than 50 cm³ (3.1 cubic inches) or a vehicle that, with an 80 kg (176 pound) driver, cannot

(a) start from a dead stop using only the engine; or

(b) exceed a speed of 40 km/h (25 m.p.h.) on a level paved surface. (motocyclette)

9. (1) Subsection 1201(1) (see footnote 28) 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 SSCC/10 Safety Standards for Snowmobile Product Certification, published by the Snowmobile Safety and Certification Committee, Inc., dated June 8, 1994, other than the labelling requirements of Figures 4 to 7, and in the SSCC/10 Supplement, Detailed Standards and Testing Specifications and Procedures, dated June 8, 1994, when subjected to the tests referred to in those documents.

(2) Subsection 1201(6) (see footnote 29) of Schedule VI to the Regulations is replaced by the following:

(6) Every snowmobile shall be equipped with the emergency stop switch set out in the Standards referred to in subsection (1) and headlamps that are on continuously when the engine of the snowmobile is operating.

10. Schedule VII to the Regulations is amended by replacing the reference "(Subsection 11(2))" after the heading "SCHEDULE VII" with the reference "(Subsections 11(2) and (6))".

11. The title (see footnote 30) of Schedule VII to the Regulations is replaced by the following:

DECLARATION OF IMPORTATION OF A VEHICLE FOR EXHIBITION, DEMONSTRATION, EVALUATION, TESTING OR SPECIAL PURPOSES

12. Paragraphs (a)(see footnote 31) and (b)(see footnote 32) of the declaration in Schedule VII to the Regulations are replaced by the following:

(a) the vehicle is being imported into Canada solely for purposes of

(b) the vehicle will remain in Canada for a period not longer than one year or, in the case of a vehicle being imported under paragraph 7(1)(a) of the Act, for such shorter period as the Minister specifies.^*

COMING INTO EFFECT

13. These Regulations come into effect on the day on which they are registered.

[38-1-o]

Footnote a

S.C., 1993, c. 16

Footnote 1

SOR/82-754

Footnote 2

C.R.C., c. 1038

Footnote 3

SOR/97-421; SOR/95-77

Footnote 4

SOR/95-147

Footnote 5

SOR/79-306

Footnote 6

SOR/79-940

Footnote b

S.C., 1993, c. 16

Footnote 7

SOR/88-268

Footnote 8

SOR/87-660

Footnote 9

C.R.C., c. 1038

Footnote 10

SOR/95-147

Footnote 11

SOR/88-268

Footnote 12

SOR/88-268

Footnote 13

SOR/87-660

Footnote 14

SOR/93-146

Footnote 15

SOR/94-670

Footnote 16

SOR/95-147

Footnote 17

SOR/95-147

Footnote 18

SOR/95-147

Footnote 19

SOR/95-147

Footnote 20

SOR/95-147

Footnote 21

SOR/95-147

Footnote 22

SOR/95-147

Footnote 23

SOR/97-421

Footnote 24

SOR/96-366

Footnote 25

SOR/79-306

Footnote 26

SOR/88-268

Footnote 27

SOR/97-376

Footnote 28

SOR/97-532

Footnote 29

SOR/96-360

Footnote 30

SOR/95-147

Footnote 31

SOR/95-147

Footnote 32

SOR/95-147

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