Vol. 143, No. 6 — March 18, 2009

Registration

SOR/2009-79 February 26, 2009

MOTOR VEHICLE SAFETY ACT

Regulations Amending the Motor Vehicle Safety Regulations (sections 105, 121, 131, 135 and 301)

P.C. 2009-297 February 26, 2009

Whereas the proposed Regulations Amending the Motor Vehicle Safety Regulations (sections 105, 121, 131, 135 and 301) make no substantive change to existing regulations and are therefore, by virtue of subsection 11(4) of the Motor Vehicle Safety Act (see footnote a), not required to be published under subsection 11(3) of that Act;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to subsection 11(1) of the Motor Vehicle Safety Act (see footnote b), hereby makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (sections 105, 121, 131, 135 and 301).

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS
(SECTIONS 105, 121, 131, 135 AND 301)

AMENDMENTS

1. Section 105 of Schedule IV to the Motor Vehicle Safety Regulations (see footnote 1) is replaced by the following:

105. (1) Subject to section 135, every motor vehicle shall conform to the requirements of Technical Standards Document No. 105, Hydraulic and Electric Brake Systems (TSD 105), as amended from time to time.

(2) Despite S5.3 and S5.3.5(b) of TSD 105, if a common indicator is used, the indicator shall display the symbol referred to in subsection 101(9) of this Schedule for brake system malfunction.

(3) Despite S5.3 of TSD 105, the words required to be displayed under S5.3.5 of TSD 105

(a) in the cases referred to in S5.3.5(c)(1)(A), (B) and (D) of TSD 105, may be replaced or accompanied by a symbol that conforms to the colour requirements of subsection 101(9.1) of this Schedule; and

(b) shall be displayed in both official languages, if not accompanied by a symbol.

(4) Despite S5.3 and S5.3.5(c)(1)(C) of TSD 105, if a separate indicator is used to indicate a malfunction in an antilock brake system, the indicator shall display the corresponding symbol shown in Table II to section 101 of this Schedule.

(5) The statement set out in S5.4.3 of TSD 105 may be replaced by another statement to the same effect.

(6) This section expires on June 1, 2013.

2. Section 121 of Schedule IV to the Regulations is replaced by the following:

121. (1) Every motor vehicle that is equipped with an air brake system and to which Technical Standards Document No. 121, Air Brake Systems (TSD 121) applies shall conform to the requirements of TSD 121, as amended from time to time.

(2) When a truck or bus is equipped with a front brake pressure limiting valve, that valve shall be automatic and shall operate while the service brakes are applied.

(3) Every antilock brake system malfunction indicator referred to in S5.1.6.2 of TSD 121 shall display the corresponding symbol shown for this indicator in Table II to section 101 of this Schedule, and all words accompanying the symbols shall be displayed in both official languages.

(4) Despite S5.2.3.3(a) of TSD 121, in addition to conforming to the requirements of S5.2.3.2 of TSD 121, each trailer and each trailer converter dolly manufactured before March 1, 2010 shall be equipped with an external antilock brake system malfunction indicator lamp that conforms to the requirements of S5.2.3.3(b) to (d) of TSD 121.

(5) The test of the parking brake static retardation force that is referred to in S5.6.1 of TSD 121 shall be conducted in both the forward and rearward directions.

(6) This section expires on June 1, 2013.

3. Section 131 of Schedule IV to the Regulations is replaced by the following:

131. (1) Subject to subsection (2), every school bus shall be equipped with one or two stop signal arms that conform to the requirements of Technical Standards Document No. 131, School Bus Pedestrian Safety Devices (TSD 131), as amended from time to time.

(2) The word “ARRÊT” may appear instead of, or together with, the word “STOP” in the manner specified with respect to the word “STOP” in S5.2.2 of TSD 131.

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

4. Section 135 of Schedule IV to the Regulations is replaced by the following:

135. (1) Every passenger car, every three-wheeled vehicle and every multi-purpose passenger vehicle, truck and bus with a GVWR of 3 500 kg or less shall conform to the requirements of Technical Standards Document No. 135, Light Vehicle Brake Systems (TSD 135), as amended from time to time.

(2) The statement set out in S5.4.3 of TSD 135 may be replaced by another statement to the same effect.

(3) Despite S5.5 and S5.5.5(b) of TSD 135, if a common indicator is used, the indicator shall display the symbol for brake system malfunction referred to in subsection 101(9) of this Schedule.

(4) Despite S5.5 of TSD 135, the words required to be displayed under S5.5.5 of TSD 135

(a) in the cases referred to in S5.5.5(d)(1), (2), (4) and (5) of TSD 135 and in the case of the variable brake proportioning system indicator referred to in S5.5.5(d)(3) of TSD 135, may be replaced or accompanied by a symbol that conforms to the colour requirements of subsection 101(9.1) of this Schedule; and

(b) shall be displayed in both official languages, if not accompanied by a symbol.

(5) Despite S5.5 and S5.5.5(d)(3) of TSD 135, if a separate indicator is used to indicate an electrical functional failure in an antilock brake system, the indicator shall display the corresponding symbol shown in Table II to section 101 of this Schedule.

(6) The word “car” used in S6.3.6 and S6.3.7 of the English version of TSD 135 shall be read as “vehicle”.

(7) This section expires on June 1, 2013.

5. Section 301 of Schedule IV to the Regulations and the heading before it are replaced by the following:

301. (1) Every passenger car and every multi-purpose passenger vehicle, truck and bus 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 conform to the requirements of Technical Standards Document No. 301, Fuel System Integrity (TSD 301), as amended from time to time.

(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 conform to the requirements of TSD 301.

(3) Instead of being tested in accordance with S6.2(a) and S6.3(a) of TSD 301, a vehicle referred to in subsection (1) may, at the option of the manufacturer, be tested in accordance with S6.2(b) and S6.3(b) of TSD 301 before September 1, 2009.

(4) This section expires on June 1, 2013.

COMING INTO FORCE

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

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Government of Canada is re-enacting five sections of Schedule IV to the Motor Vehicle Safety Regulations to extend their application beyond their current expiration dates. This will ensure that the safety requirements they contain through incorporation by reference of Technical Standard Documents will not cease to have the force and effect of law.

Description and rationale

Technical Standard Documents are published by Transport Canada and they reproduce the text of the Federal Motor Vehicle Safety Standards of the United States, with certain adaptations necessary to the Canadian context. These adaptations include: the deletion of material that does not apply in the Canadian context, introduction of metric measurements, deletion of superseded dates, substitution for Canadian reporting requirements, minor editorial changes and the addition of a French version.

Technical Standard Document incorporation by reference provides a mechanism to efficiently maintain Canada-United States harmonization of safety requirements. Technical Standard Documents are updated each time the United States amends its respective standard. However, these amendments do not require the approval of the Governor in Council, as the Motor Vehicle Safety Act (the Act) provides the authority for amendment from time to time. While there is no requirement for formal consultation with Canadian stakeholders, the Regulations require that each Technical Standard Document amendment be announced in the Canada Gazette, Part I. This gives the Canadian public and motor vehicle manufacturers the opportunity to comment on Technical Standard Document amendments. Furthermore, the Act requires that sections of the Regulations that incorporate Technical Standard Documents expire no later than five years after the day on which they come into force, to allow for a review of comments received pertaining to that Technical Standard Document during the five year period. These comments are then considered when sections referring to Technical Standard Documents are being re-enacted.

This amendment serves the purpose of extending the existence of the following five sections:

105 “Hydraulic and Electric Brake Systems” (currently expiring on January 1, 2010)

121 “Air Brake Systems” (currently expiring on January 1, 2010)

131 “School Bus Pedestrian Safety Devices” (currently expiring on January 1, 2010)

135 “Light Vehicle Brake Systems” (currently expiring on January 1, 2010)

301 “Fuel System Integrity” (currently expiring on February 28, 2009)

The expiration date will be June 1, 2013.

This re-enactment is necessary at this time to clarify to manufacturers that these standards continue to apply to their future designs. This regulatory initiative does not change any technical requirements nor increase the burden on motor vehicle manufacturers.

Consultation

Two of the five Technical Standard Documents required an amendment within the last 5 years. A Canada Gazette, Part I publication on December 10, 2005, introduced revisions to documents 105 and 135. No comments were received following this publication.

The intent to move forward with this proposal was included in the Department of Transport’s Regulation Plan that is distributed to the automotive industry and other stakeholders, either directly or through various industry and consumer associations. It was initially included in the Plan in January 2008 and the most recent update to the Plan was in August 2008. No comments were received.

Implementation, enforcement and service standards

Motor vehicle manufacturers and importers are responsible for ensuring that their products conform to the requirements of the Motor Vehicle Safety Regulations. The Department of Transport monitors self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles obtained in the open market. In addition, when a defect in a vehicle or equipment is identified, the manufacturer or importer must issue a Notice of Defect to the owners and to the Minister of Transport, Infrastructure and Communities. If a vehicle does not comply with a Canadian safety standard, the manufacturer or importer is liable to prosecution and, if found guilty, may be fined as prescribed in the Act.

Contact

Marcin Gorzkowski, P. Eng.
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
275 Slater Street, 17th Floor
Ottawa, Ontario
K1A 0N5
Email: marcin.gorzkowski@tc.gc.ca

Footnote a
S.C. 1993, c. 16

Footnote b
S.C. 1993, c. 16

Footnote 1
C.R.C., c. 1038

NOTICE:
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