Vol. 142, No. 12 — March 22, 2008

Regulations Amending the Motor Vehicle Safety Regulations (Standard 216 — Roof Crush Resistance and Standard 220 — Rollover Protection)

Statutory authority

Motor Vehicle Safety Act

Sponsoring department

Department of Transport

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The proposed amendment to the Motor Vehicle Safety Regulations would amend the Canadian safety standards relating to vehicle roof crush and rollover protection, to improve the safety of vehicle occupants in the event of a vehicle rollover (hereafter referred to as the Canadian safety standards 216 and 220 respectively), found in Schedule IV to the Motor Vehicle Safety Regulations. This amendment is needed to maintain harmonization with safety standards recently proposed by the United States. This amendment will update the roof crush safety standards that currently apply to both passenger vehicles and school buses.

The proposed amendments to Canadian safety standard 216 are

• increasing the applicable vehicle mass from 2 722 kg to 4 536 kg gross vehicle weight rating (GVWR);
• increasing the force applied from 1.5 to 2.5 times the unloaded vehicle weight;
• eliminating the maximum force applicable to passenger vehicles;
• replacing the intrusion performance criteria by one that specifies maintaining headroom for an average-sized male occupant;
• amending the test setup to fix the vehicle on four stands located at the jacking points; and
• changing the title “Roof Intrusion Protection” to “Roof Crush Resistance.”

In addition, the amendment to Canadian safety standard 216 proposes to allow multi-purpose passenger vehicles, trucks, or buses built from an incomplete vehicle, with a GVWR of 4 536 kg or less and with a raised or altered roof, to be tested using either Canadian safety standard 216 or Canadian safety standard 220, at the choice of the manufacturer. Canadian safety standard 216 requires the application of the load at the front corner of the vehicle roof whereas Canadian safety standard 220 requires the application of a uniform load over the centre of the vehicle roof.

Background

When a vehicle is involved in a rollover collision, the vehicle’s roof frequently crushes to the extent that injuries and fatalities result. Statistics from 1999 to 2003 show that while rollover collisions accounted for only 12% of single-vehicle accidents, (see footnote 1) they resulted in 23% of all non-fatal injury collisions and 37% of fatal collisions.

The original Canadian safety standard 216, “Roof Intrusion Protection,” was implemented in September 1973 to reduce the number of severe injuries and deaths caused by rollovers and to regulate the strength of vehicle roofs. While it has been amended on several occasions in the intervening period, the performance criteria for roof design resistance above the front seats of motor vehicles have remained substantially the same.

It is important to review the Canadian safety standards 216 and 220 at this time to ensure that harmonization with the U.S. standard can be maintained. The United States is in the process of updating their requirements for roof crush protection to better protect occupants of vehicles involved in a collision. The United States published a Notice of Proposed Rulemaking (NPRM) to amend the U.S. safety standards on August 5, 2005. It is anticipated that the U.S. rulemaking will be finalized during 2008.

In order to maintain this harmonization, changes to the Canadian safety standard 216 would include

• increasing the applicable vehicle mass to 4 536 kg GVWR;
• increasing the force applied to 2.5 times the unloaded vehicle weight;
• eliminating the maximum force applicable to passenger vehicles;
• replacing the intrusion performance criteria by one that specifies maintaining headroom for an average-sized male occupant; and
• amending the test setup to fix the vehicle on four stands located at the jacking points.

The current Canadian safety standard 216 applies to vehicles with a GVWR of 2 722 kg or less, with the exceptions of school buses and convertibles. To test for compliance with this safety standard, applying a force equal to 1.5 times the unloaded vehicle’s weight simulates contact with the ground during a rollover. Both the right and left front corners of the vehicle’s roof must be able to withstand this test load. For passenger cars, this force is limited to 22 240 N. The maximum permissible intrusion of the roof under this force is 127 mm. The current Canadian requirements are harmonized with the corresponding U.S. safety standard, i.e. the Federal Motor Vehicle Safety Standard (FMVSS) 216.

In 2005, multipurpose passenger vehicles, trucks and buses with a GVWR currently less than 4 536 kg accounted for 45% of vehicle sales in Canada. (see footnote 2) Since the Canadian safety standard 216 applies to vehicles weighing 2 722 kg or less, many of the vehicles noted above are currently exempt from complying with this standard. Maintaining harmonization of the Canadian safety standard with the proposed corresponding U.S. FMVSS 216 would result in applying this standard to vehicles having a GVWR of 4 536 kg or less, except for school buses and convertibles. This would better represent the Canadian vehicle fleet that should be subject to roof crush resistance requirements.

The United States is proposing to both increase the force applied to the roof from 1.5 to 2.5 times the unloaded vehicle weight and eliminate the maximum force applicable to passenger vehicles. This new maximum force would substantially increase the safety of vehicle roofs in the event of a rollover. The elimination of the maximum force for passenger vehicles will have the effect of treating all vehicles the same, regardless of vehicle size or class. In the past, both heavy and lighter passenger cars have been tested to the same load requirement.

As noted previously, the current performance criterion allows the roof to intrude by 127 mm during maximum force application in compliance testing. Since vehicle structures vary, the distance between the roof and a typical occupant’s head differs from one model to the next. In order to provide an equivalent level of safety for all vehicle categories, the United States proposed FMVSS 216 replaces this intrusion criterion by one that involves maintaining headroom. A Hybrid III 50th percentile adult male dummy would be positioned on the same side as the force applied on the roof and, during the test, no portion of the roof or test device is allowed to contact the head or the neck of this dummy.

Certain multi-purpose passenger vehicles, trucks or buses built from an incomplete vehicle may be equipped with modified or raised roofs. Even though the sales volume for these vehicles is low and they are intended for a limited segment of the driving public, the roofs of such vehicles have been required to meet the same performance criteria as those established for passenger cars. During compliance testing, the test plate may produce force concentrations that excessively deform modified or raised roofs, which is not representative of deformation observed during real-life rollovers. The United States is proposing to address this issue by allowing multi-purpose passenger vehicles, trucks or buses built from an incomplete vehicle, with a GVWR of 4 536 kg or less and a raised or altered roof to be tested to either their safety standard 216 or 220, at the choice of the manufacturer. Harmonizing with the United States will address this issue in Canada as well.

The procedure used to fix the vehicle to the test bench will also be replaced. The vehicle is currently supported length-wise by its longitudinal sills or by its chassis frame. The proposed procedure would fix the vehicle on four stands located at the jacking points.

In addition to harmonizing the Canadian technical requirements with those of the United States, the proposed amendments to the Motor Vehicle Safety Regulations would harmonize the title of the Canadian safety standard 216 to read, “Roof Crush Resistance” (Résistance du toit à l’écrasement).

Canadian safety standard 220 is the applicable standard for rollover protection for school buses. This safety standard requires that a uniform load be applied to the centre portion of the school bus roof by a large plate. This safety standard has been in place since September 1977, and is also harmonized with the equivalent U.S. safety standard. This safety standard currently only applies to school buses.

To allow for future harmonization, the proposed amendments to the Motor Vehicle Safety Regulations would replace Test Methods 216 and 220 with Technical Standards Documents incorporated by reference, as amended from time to time. Technical Standards Documents allow the Canadian government to reproduce the U.S. FMVSS in both English and French, with Canadian specific changes noted within. The Government publishes a notice in the Canada Gazette, Part I, each time a Technical Standards Document is amended.

The proactive approach of completing this pre-publication, prior to the issuance of the Final Rule in the Unites States, will allow for the introduction of the new harmonized roof crush requirements at the same time or shortly after that of the United States.

Alternatives

The following alternatives were considered prior to preparing the initial proposal that is the subject of the present Regulatory Impact Analysis Statement:

• maintain the status quo; or
• develop a unique Canadian regulation.

Maintaining the status quo has not been retained because this proposal is based on improving safety for occupants of vehicles involved in rollovers. With the status quo, manufacturers would have to certify their vehicles to the Canadian safety standard in addition to the U.S. safety standard. This would translate into an additional financial burden for auto assemblers and therefore their Canadian consumers. Neither does it support the creation of a unique Canadian standard, since this standard would have a negative effect on international trade and be a major economic burden on the auto industry.

Benefits and costs

Harmonizing the Canadian regulatory requirements with those of the United States would improve the current roof crush resistance standard for vehicles. It is expected to result in an increased level of safety and lead to fewer injuries and deaths caused by rollover crashes. As most vehicles sold in Canada are manufactured to also meet the U.S. requirements, harmonizing the requirements will not only improve safety, it will also minimize the cost of vehicles for Canadians.

According to U.S. data, rollovers in single vehicle accidents result in an average of 9 942 deaths and 23 793 serious injuries annually. (see footnote 3) Approximately 75 % of these occupants were not wearing a seat belt at the time of the collision. By eliminating certain categories from these totals, such as those who were not wearing a seat belt, the United States notes 596 deaths and 807 serious injuries caused by intrusion of the roof into the passenger compartment. The United States estimates that adopting their proposal could prevent up to 793 serious injuries, and 44 deaths, annually.

Pro-rating these figures to Canada based on the respective populations, these proposed amendments to the Motor Vehicle Safety Regulations could save as many as 4 deaths a year and prevent up to 79 serious injuries. Using an average value of a life of $6.11 million and $15,960 for serious injuries, the annual savings for Canadians could reach $26 million annually.

The United States estimated that approximately 32% of new vehicles would need to be upgraded to meet the new roof crush requirements. According to the same study, the United States estimated that the average cost of reinforcing the roof structure of a vehicle that did not meet the requirements was approximately C$12 per vehicle for an annual cost of $6.2 million for the entire Canadian vehicle fleet. (see footnote 4)

Furthermore, the United States noted that the changes required to reinforce the roof structure may require the installation of heavier materials or new bracing that could increase the weight of a vehicle. (see footnote 5) The United States noted that this increase in vehicle weight would have a minor impact on vehicle fuel consumption. Further, they have noted that approximately 68% of current new vehicles already meet the proposed requirements. It is noted that as vehicles continually become more fuel efficient and as more hybrid vehicles and advanced engine technologies are introduced into the marketplace, any cost would be minimal in the future.

Finally, the Canadian Government’s costs to conduct compliance testing are expected to increase. This increase is expected to be $1,200 per vehicle tested, plus a one-time test equipment cost estimated to be $100,000.

While the benefits exceed the costs, the more important fact is that these amendments to the Motor Vehicle Safety Regulations would maintain harmonization between the U.S. and the Canadian safety standards. Not harmonizing would mean that some vehicle models might not be available in Canada, as it would require a different test procedure. Furthermore, each model would then require two separate roof crush tests; one for Canada and one for the United States, resulting in increased costs to the manufacturer and ultimately the consumer.

Consultation

General communication process

Consultations with partners and stakeholders are based on a systematic and extensive communication process that is intended to keep the automotive industry, public safety organizations, and the general public informed of projected and recent changes to the regulatory requirements governing motor vehicle safety in Canada. This process includes communication with the provinces and territories, as well as with the governments of other countries, and it provides a mechanism for interested parties to comment on the Government’s planned initiatives.

In particular, meetings are held three times a year with the Canadian Vehicle Manufacturers’ Association (CVMA), which represents Canada’s leading motor vehicle manufacturers. (see footnote 6) Governmental representatives meet three times a year with the Association of International Automobile Manufacturers of Canada (AIAMC), which represents international motor vehicle manufacturers and importers. (see footnote 7) There are semi-annual meetings with the Motorcycle and Moped Industry Council and The Rubber Association of Canada. Semi-annual meetings are held with the U.S. Department of Transportation.

Mainly through the Government’s membership on the Canadian Council of Motor Transport Administrators (CCMTA), exchanges of information dealing with a broad range of issues take place on a regular basis with the provinces and territories and other interested stakeholders. There are also semi-annual meetings with national public safety organizations in order to discuss future regulatory changes and emerging safety problems.

Specific consultations for this amendment

Discussions regarding these proposed amendments to the Motor Vehicle Safety Regulations have taken place during the meetings with the vehicle manufacturers (both the CVMA and the AIAMC) throughout the years 2006 and 2007. The vehicle manufacturers are concerned that if the Government does not harmonize the roof crush testing requirements with those of the United States, there will be extra Canadian-unique testing required to meet the two different requirements. The vehicle manufacturers’ associations have been informed of the Government’s intention to proceed with these amendments to the Motor Vehicle Safety Regulations in a timely fashion that aim at maintaining harmonization.

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 Canadian 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

For further information, please contact

Matthew Coons
Senior Regulatory Development Engineer
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
330 Sparks Street, Tower C, 8th Floor
Ottawa, Ontario
K1A 0N5
Telephone: 613-998-1961
Fax: 613-990-2913
Email: coonsm@tc.gc.ca

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 (see footnote b) and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Standard 216 — Roof Crush Resistance and Standard 220 — Rollover Protection).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport, Infrastructure and Communities within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Matthew Coons, Senior Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, Place de Ville, Tower C, 8th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5 (Tel: 613-998-1961; fax: 613-990-2913; e-mail: coonsm@tc.gc.ca).

Ottawa, March 11, 2008

MARY PICHETTE
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (STANDARD 216 — ROOF CRUSH RESISTANCE AND STANDARD 220 — ROLLOVER PROTECTION)

AMENDMENTS

1. The portion of item 216 of Schedule III to the Motor Vehicle Safety Regulations (see footnote 8) in Column II is replaced by the following:

Column I Item (CMVSS)	Column II Description
216	Roof Crush Resistance

2. Item 220 of Schedule III to the Regulations is replaced by the following:

Column I Item (CMVSS)	Column II Descrip- tion	Column III Classes of Vehicles
		Bus	Motorcycle
			En- closed Motor- cycle	Open Motor- cycle	Limited-speed Motor- cycle	Motor Tricycle
220	Rollover Protection	X

Column I Item (CMVSS)	Column II Descrip- tion	Column III Classes of Vehicles
		Restricted-use Motor- cycle	Multi-purpose Passen- ger Vehicle	Passen- ger Car	Snow-mobile	Snow-mobile Cutter
220	Rollover Protection		X

Column I Item (CMVSS)	Column II Descrip- tion	Column III Classes of Vehicles
		Trailer	Trailer Convert- er Dolly	Truck	Vehicle Import- ed Tempor- arily for Special Purpos- es	Low-speed Vehicle	Three-wheeled Vehicle
220	Rollover Protection			X

3. Section 216 of Schedule IV to the Regulations and the heading before it are replaced by the following:

Roof Crush Resistance (Standard 216)

216. (1) Every passenger car, multi-purpose passenger vehicle, truck or bus with a GVWR of 4 536 kg or less, except school buses, convertibles and incomplete vehicles, shall conform to Technical Standards Document No. 216, Roof Crush Resistance (TSD 216), as amended from time to time. However, until September 1, 2010, instead of conforming to TSD 216, the vehicle may conform to section 216 of Schedule IV to the Motor Vehicle Safety Regulations, as it read immediately before the day on which this section comes into force.

(2) Every multi-purpose passenger vehicle, truck or bus built from an incomplete vehicle, with a GVWR of 4 536 kg or less and a raised or altered roof, shall conform either to TSD 216 or to TSD 220, as referred to in section 220 of this Schedule.

(3) This section expires on January 1, 2013.

4. Section 220 of Schedule IV to the Regulations and the heading before it are replaced by the following:

Rollover Protection (Standard 220)

220. (1) Every school bus shall conform to Technical Standards Document No. 220, Rollover Protection (TSD 220), as amended from time to time.

(2) Every multi-purpose passenger vehicle, truck or bus built from an incomplete vehicle, with a GVWR of 4 536 kg or less and a raised or altered roof, shall conform either to TSD 220 or to TSD 216, as referred to in section 216 of this Schedule.

(3) This section expires on January 1, 2013.

COMING INTO FORCE

5. These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

[12-1-o]

Footnote a
 S.C. 1993, c. 16

Footnote b
 S.C. 1999, c. 33, s. 351

Footnote 1
 TRAID Estimates of Occupants of Light-Duty Vehicles Suffering Fatal or Major Injuries Involved in Single-Vehicle Rollover Collisions and Roof Damage Sustained, unpublished report by V. Johanson, Road Safety, Transport Canada, February 2006.

Footnote 2
 Source: Automotive News Data Center and Association of International Automobile Manufacturers of Canada.

Footnote 3
 Federal Register, NPRM of NHTSA, Proposed rules (Vol. 70, No. 162), Roof Crush Resistance, Thursday, August 23, 2005, p. 49227.

Footnote 4
 Federal Register, NPRM of NHTSA, Proposed rules (Vol. 70, No. 162), Roof Crush Resistance, Thursday, August 23, 2005, p. 49243.

Footnote 5
 Federal Register, NPRM of NHTSA, Proposed rules (Vol. 70, No. 162), Roof Crush Resistance, Thursday, August 23, 2005, p. 49243.

Footnote 6
 The CVMA represents DaimlerChrysler Canada Inc.; Ford Motor Company of Canada, Limited; General Motors of Canada Limited; and International Truck and Engine Corporation Canada.

Footnote 7
 The AIAMC represents the following automotive manufacturers and importers as voting members: BMW Canada Inc.; Honda Canada Inc.; Hyundai Auto Canada; Kia Canada Inc.; Mazda Canada Inc.; Mercedes-Benz Canada Inc.; Mitsubishi Motor Sales of Canada, Inc.; Nissan Canada Inc.; Porsche Cars Canada Ltd.; Subaru Canada Inc.; Suzuki Canada, Inc.; Toyota Canada Inc.; and Volkswagen Canada Inc.

Footnote 8
 C.R.C. c. 1038

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