Vol. 149, No. 3 — February 11, 2015

Registration

SOR/2015-24 January 30, 2015

MOTOR VEHICLE SAFETY ACT

Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 101, 105, 122 and 135)

P.C. 2015-47 January 29, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 5(1) (see footnote a) and 11(1) (see footnote b) of the Motor Vehicle Safety Act (see footnote c), makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 101, 105, 122 and 135).

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (INTERPRETATION AND STANDARDS 101, 105, 122 AND 135)

AMENDMENTS

1. The definition “display” in subsection 2(1) of the Motor Vehicle Safety Regulations (see footnote 1) is replaced by the following:

“display” means, except in section 101 of Schedule IV, an indicator, a tell-tale or an alphanumeric readout, or a collection of indicators, tell-tales and alphanumeric readouts, on the instrument panel of a vehicle; (affichage)

2. The portion of item 101 of Schedule III to the Regulations in column II is replaced by the following:

Column I Column II
Item (CMVSS) Description
101 Controls, Tell-tales, Indicators and Sources of Illumination

3. Section 101 of Schedule IV to the Regulations and the heading “LOCATION AND IDENTIFICATION OF CONTROLS AND DISPLAYS” before it are replaced by the following:

CONTROLS, TELL-TALES, INDICATORS AND SOURCES OF ILLUMINATION (STANDARD 101)

Interpretation

101. (1) For the purposes of this section, “control” has the same meaning as in Technical Standards Document No. 101, Controls, Tell-tales, Indicators and Sources of Illumination (TSD 101).

General

(2) Every vehicle that is required by section 5 of these Regulations to conform to the standards set out in this section shall, in respect of the controls, tell-tales, indicators and sources of illumination that are fitted in the occupant compartment, conform to the requirements of TSD 101, as amended from time to time.

Technical Standards Document No. 101

(3) Despite S5.2.1 of TSD 101,

Speedometers and Odometers

(4) A speedometer shall indicate the speed of the vehicle in kilometres per hour or in kilometres per hour and miles per hour. The unit or units of measurement shall be identified on the speedometer or at a location adjacent to it.

(5) A speedometer shall be illuminated whenever the headlamps are activated, unless the headlamps are being flashed for signalling purposes or are being operated as daytime running lamps.

(6) An odometer or trip odometer shall indicate distances in kilometres or in miles. If the distances are indicated in miles, that unit of measurement shall be identified at a location adjacent to the odometer or trip odometer.

Passenger Air Bag Deactivated Tell-tale

(7) The tell-tale indicating that the passenger air bag has been deactivated shall be fitted in the interior of the vehicle

(8) Despite subsection (7), the tell-tale indicating that the passenger air bag has been deactivated

Owner’s Manual

(9) The English and French versions of the owner’s manual shall contain an explanation of every symbol, word, abbreviation or letter used to identify a control, tell-tale or indicator that is fitted in the vehicle and is required to be identified under this section.

Transitional Provision

(10) Until September 1, 2019, a vehicle referred to in subsection (2) may conform to the requirements of this section as it read on the day before the day on which this subsection came into force.

TABLE

Identification of Controls, Tell-tales and Indicators

Column 1
ITEM
Column 2
SYMBOL
Column 3
[RESERVED]
Column 4
FUNCTION
Column 5
ILLUMINATION
Column 6
COLOUR
Headlamp upper beam Symbol showing, in contour, the left side view of a parabolic reflector emitting five straight, parallel, horizontal lines.
or
Symbol - Detailed information can be found in the surrounding text.
or
Symbol - Detailed information can be found in the surrounding text.
or
Symbol showing, in silhouette, the left side view of a parabolic reflector emitting four straight, parallel, horizontal lines.
  Control    
Tell-tale   Blue or blue-green
Turn signals Symbol showing, in contour, two horizontal arrows placed side by side and pointing away from each other.
or
Symbol showing, in silhouette, two horizontal arrows placed side by side and pointing away from each other.

  Control    
Tell-tale   Green
Hazard warning signal Symbol showing, in contour, two equilateral triangles, one inside the other.
or
Symbol showing, in silhouette, an equilateral triangle at the centre of which is a small empty space also in the shape of an equilateral triangle.
  Control Yes  
Tell-tale   Red
Tail lamps, parking lamps, licence plate lamps, side marker lamps, identification lamps and clearance lamps Symbol showing, in contour, two parabolic reflectors placed back-to-back, each emitting three straight lines in the shape of a fan.
or
Symbol showing, in silhouette, two parabolic reflectors placed back-to-back, each emitting three straight lines in the shape of a fan.
  Control Yes  
Windshield wiping system Symbol showing, in contour, a windshield on which is an oblique line representing a wiper blade.    Control Yes  
Windshield washing system Symbol showing, in contour, a windshield with a vertical dotted line running through the middle of it and splitting into two in opposite directions above the windshield, forming two half circles.    Control Yes  
Windshield wiping and washing system Symbol showing, in contour, a windshield on which is an oblique line representing a wiper blade, with a vertical dotted line running through the middle of the windshield and splitting into two in opposite directions above the windshield, forming two half circles.    Control Yes  
Windshield defrosting and defogging system Symbol showing, in contour, a windshield whose bottom edge is crossed by three squiggly vertical arrows pointing upwards.   Control Yes  
Rear window defrosting and defogging system Symbol showing, in contour, a rectangle whose lower side is crossed by three squiggly vertical arrows pointing upwards.   Control Yes  
Brake system malfunction Symbol showing, in contour, between parentheses, a circle containing an exclamation mark.   Tell-tale   Red or red-orange
Antilock brake system malfunction Symbol showing, in contour, between parentheses, a circle containing the letters ABS.   Tell-tale   Yellow
[RESERVED]          
[RESERVED]          
Antilock brake system malfunction in vehicles subject to CMVSS 121, other than trailers Symbol showing, in contour, between parentheses, a circle containing the letters ABS.   Tell-tale   Yellow
Antilock brake system malfunction in trailers subject to CMVSS 121 Symbol showing, in contour, the left side view of a trailer transporting a circle between parentheses containing the letters ABS.   Tell-tale   Yellow
Low brake pressure Symbol showing, in contour, between parentheses, a circle containing two horizontal arrows converging towards a point at the center of the circle.   Tell-tale   Red or red-orange
Low brake fluid Symbol showing, in contour, between parentheses, a circle whose lower third contains a liquid.   Tell-tale   Red or red-orange
Parking brake applied Symbol showing, in contour, between parentheses, a circle containing the letter P.   Tell-tale   Red or red-orange
Brake lining wear-out condition Symbol showing, in contour, a circle between dotted parentheses.    Tell-tale   Red or red-orange
Electronic stability control system malfunction Symbol showing, in silhouette, the back view of a car above two thick, squiggly, vertical lines.   Tell-tale   Yellow
Electronic stability control system off Symbol showing, in silhouette, the back view of a car above two thick, squiggly, vertical lines below which appears the word OFF.   Control Yes  
Tell-tale   Yellow
Fuel level Symbol showing, in contour, the front view of a gas pump.
or
Symbol showing, in silhouette, the front view of a gas pump.
  Tell-tale    
Indicator Yes  
Oil pressure Symbol showing, in contour, the right side view of an oil can with a drip coming out of its spout.    Tell-tale    
Indicator Yes  
Engine coolant temperature Symbol showing two wavy, parallel, horizontal lines, with a thermometer resting in a vertical position on the top line.   Tell-tale    
Indicator Yes  
Battery charging Symbol showing, in contour, a car battery with a positive terminal on the right and a negative terminal on the left.   Tell-tale    
Indicator Yes  
Engine stop Symbol showing an arrow pointing clockwise and forming three quarters of a circle open on the bottom with an X through the circle.   Control Yes  
[RESERVED]          
[RESERVED]          
[RESERVED]          
Automatic transmission control position     Indicator Yes  
Park P        
Reverse R        
Neutral N        
Drive D        
Heating or air-conditioning fan Symbol showing, in contour, the front view of a fan with four blades.
or
Symbol showing, in silhouette, the front view of a fan with four blades.
  Control Yes  
[RESERVED]          
[RESERVED]          
[RESERVED]          
Hand throttle control Symbol showing two vertical lines curving inwards and framing a central point crossed by a straight oblique line extending from the top left to the bottom right.   Control    
Engine start Symbol showing a curved arrow pointing clockwise and forming three quarters of a circle open on the bottom.   Control    
Manual choke control Symbol showing two straight vertical lines framing a central point crossed by a straight oblique line extending from the top left to the bottom right.   Control    
[RESERVED]          
Horn Symbol showing a trumpet in silhouette.    Control    
Master lighting switch Symbol showing, in contour, a circle topped by a small rectangle with seven equally spaced lines radiating from the circle.
or
Symbol showing, in silhouette, a circle topped by a small rectangle with seven equally spaced lines radiating from the circle.
  Control    
Headlamp lower beam Symbol showing, in contour, the left side view of a parabolic reflector emitting five straight, parallel, oblique lines extending downwards.
or
Symbol showing, in silhouette, the left side view of a parabolic reflector emitting five straight, parallel, oblique lines extending downwards.
or
Symbol showing, in contour, the left side view of a parabolic reflector emitting four straight, parallel, oblique lines extending downwards.
or
Symbol showing, in silhouette, the left side view of a parabolic reflector emitting four straight, parallel, oblique lines extending downwards.
  Control    
Low brake air pressure Symbol showing, in contour, between parentheses, a circle containing two horizontal arrows converging towards a point at the center of the circle.   Tell-tale   Red
Seat belt unfastened Symbol showing, in silhouette, the front view of a person who is sitting and wearing a seatbelt.
or
Symbol showing, in contour, the front view of a person who is sitting and wearing a seatbelt.
  Tell-tale   Red
Airbag malfunction Symbol showing, in silhouette, the left side view of a person who is wearing a seat belt and sitting facing a circle.   Tell-tale   Red or yellow
Side airbag malfunction Symbol showing, in silhouette, the front view of a person who is wearing a seatbelt and sitting to the left of a vertical ellipse.
or
Symbol showing, in silhouette, the left side view of a person who is wearing a seat belt and sitting facing a circle.
  Tell-tale   Red or yellow
Passenger air bag deactivated Symbole montrant, en silhouette, la vue latérale gauche d’une personne qui porte une ceinture de sécurité, qui est assise en face d’un cercle sur lequel figure un X et derrière laquelle se trouve le chiffre 2.
or
Symbole montrant, au-dessus du mot OFF et en silhouette, la vue latérale gauche d’une personne qui porte une ceinture de sécurité, qui est assise en face d’un cercle et derrière laquelle se trouve le chiffre 2.
  Control    
Tell-tale   Yellow

4. Subsections 105(2) to (6) of Schedule IV to the Regulations are replaced by the following:

(2) An indicator lamp referred to in S5.3 of TSD 105 shall, when activated due to a condition set out in S5.3.1 of TSD 105, display the identification symbol set out in the table to section 101 of this Schedule that corresponds to that condition, but if the vehicle is fitted with a single common indicator lamp, the lamp shall display the identification symbol for a brake system malfunction set out in the table to section 101 of this Schedule.

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

5. (1) Subsection 122(7) of Schedule IV to the Regulations is replaced by the following:

(7) Despite S5.1.3.1(d) of TSD 122, the indicator lamp shall display the tell-tale for a brake system malfunction set out in the table to section 101 of this Schedule. The use of the legend referred to in S5.1.3.1(d) of TSD 122 is optional.

(2) Subsections 122(17) to (19) of Schedule IV to the Regulations are replaced by the following:

(17) A reference to a warning lamp in paragraph 5.1.12 of ECE Regulation No. 78 shall be read as a reference to the tell-tale for a brake system malfunction set out in the table to section 101 of this Schedule.

(18) A reference to a warning lamp in paragraph 5.1.13 of ECE Regulation No. 78 shall be read as a reference to the tell-tale for an antilock brake system malfunction set out in the table to section 101 of this Schedule.

6. Subsections 135(3) to (7) of Schedule IV to the Regulations are replaced by the following:

(3) A brake warning indicator referred to in S5.5.5 of TSD 135 shall, when activated due to a condition set out in S5.5.1 of TSD 135, display the identification symbol set out in the table to section 101 of this Schedule that corresponds to that condition, but if the vehicle is fitted with a single common brake warning indicator, the indicator shall display the identification symbol for a brake system malfunction set out in the table to section 101 of this Schedule.

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

COMING INTO FORCE

7. 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.)

Issues

The current Canadian safety standard regarding controls, tell-tales and indicators does not require internationally agreed upon symbols to identify all regulated items. As a result, vehicles built in compliance with the current Canadian safety standard may display confusing pictograms on the dashboard, which could distract the driver. The current format of the standard does not allow for easy comparison of Canadian regulatory provisions with the requirements of the United States safety standard and the United Nations regulation on the same subject.

Objectives

This amendment will improve drivers’ recognition of standardized international identifiers of controls, tell-tales and indicators needed for the safe operation of a vehicle. This will help to avoid driver error in the selection and use of controls and will improve the identification of indicators and tell-tales. Also, by referring to recent internationally established symbols and aligning the Canadian requirements with those of the United States to the extent possible, the revised Canadian safety standard will assist in reducing the design, manufacturing and financial burdens on vehicle manufacturers and importers. It would thereby also benefit the end consumers.

The revised Canadian safety standard more closely aligns Canadian requirements with the latest United States safety standard. In addition to promoting harmonization, this regulatory initiative will increase the safety level on Canadian roads by requiring vehicle controls, tell-tales and indicators to be identified by internationally recognized symbols rather than words or non-uniform pictograms designed by individual manufacturers. This regulatory initiative is listed in the March 2012 Work Plan for Existing Motor Vehicle Safety Standards of the Canada–United States Regulatory Cooperation Council, which was announced by Prime Minister Harper and President Obama in February 2011.

Background

In 1999, Canada proposed and subsequently led the development of a new United Nations regulation regarding the location and identification of hand controls, tell-tales and indicators. This regulation came into force in 2006. In 2005, the United States government revised its safety standard based largely on the draft United Nations regulation. The United States safety standard and the United Nations regulation are substantially similar, with the notable exception that the United States requires the identification of some controls, tell-tales and indicators using English words and abbreviations, rather than international symbols.

Description

This amendment will revoke the current Canadian safety standard and introduce a new one under the same Motor Vehicle Safety Regulations (MVSR), section 101, entitled Controls, Tell-tales, Indicators and Sources of Illumination. The new title more accurately reflects the broad intentions of this standard.

The revised section 101 of the MVSR, entitled Controls, Tell-tales, Indicators and Sources of Illumination, hereafter referred to as the Canadian safety standard, incorporates by reference Technical Standards Document (TSD) 101. TSD 101 reproduces the most recent United States safety standard with the necessary additions and clarifications to reflect Canadian linguistic and legislative needs. The new Canadian safety standard utilizes the incorporated TSD 101, while specifically requiring internationally adopted symbols to identify the controls, tell-tales and indicators. This approach is aimed at limiting the use of words and abbreviations. The use of words or abbreviations instead of symbols for the regulated items is permitted only in a few specific instances where the words or abbreviations are themselves internationally recognized, including “start” and “stop” to identify controls for starting and stopping the engine, and “ESC” and “ESC OFF” to identify an electronic stability control system malfunction or its “off” status.

To ensure that all Canadian vehicle operators are able to familiarize themselves with the regulated identifiers of controls, tell-tales and indicators, the new Canadian safety standard requires that the regulated identifiers fitted in the vehicle be explained in the owner’s manual. The MVSR already require that the owner’s manual be made available to vehicle purchasers in the official language of their choice. Together these two requirements will provide Canadians the opportunity to fully understand and recognize their vehicle controls, tell-tales and indicators.

As section 101 of the MVSR is referenced in sections 105, 122 and 135, these sections are amended to ensure that the references are accurate and that there are no contradictory requirements. Moreover, references to the new Canadian safety standard are also amended in TSD No. 105 — Hydraulic and Electric Brake Systems, TSD No. 126 — Electronic Stability Control, and TSD No. 135 — Light Vehicle Brake Systems.

Finally, the requirement set out in subsection 12(4) of the Motor Vehicle Safety Act for regulations incorporating a TSD to specify the day on which they shall expire has been removed as part of recent amendments to the Act. Consequently, the Department has decided that sections 101, 105, 122 and 135 of the MVSR will not contain a provision specifying the day on which the section will expire, and this amendment reflects that decision by not providing any expiration dates for sections 101, 105, 122 and 135.

“One-for-One” Rule

As these Regulations replace one that was similar in nature, there will not be any change in administrative costs to businesses.

Small business lens

The small business lens does not apply to this proposal, as there are no increased costs imposed on small businesses, or on businesses in general. Manufacturers of all sizes will be required to meet the same safety standard.

Consultation

The proposed Canadian safety standard was published in the Canada Gazette, Part I, on October 6, 2012, followed by a 75-day comment period. Written submissions were received from the Canadian Vehicle Manufacturers’ Association, the Global Automakers of Canada, the Truck and Engine Manufacturers Association and the Office québécois de la langue française.

One commenter requested that the Regulations be revised to require English text only for words and abbreviations in all instances where they are allowed or prescribed by the United States safety standard. A second commenter stated a preference for symbols but requested that any text, including words and abbreviations, used anywhere within the vehicle be identified in both Canadian official languages, with equal prominence. The Department did not accept either of these requests as they extend beyond the intention and scope of the Regulations and Part I proposal.

There were two additional comments on the issue of identifiers requesting that the two proposed sections, S5.2.2 and S5.2.3, of the TSD No. 101 be deleted. Section S5.2.2 of the TSD allows any symbols, words or abbreviations that are not part of the Regulations to be used, at the choice of the manufacturer, to identify a non-regulated indicator, control or tell-tale. Section S5.2.3 of the TSD allows the manufacturer the choice to add, at their discretion, any supplementary symbols, words or abbreviations in conjunction with any regulated symbol, word or abbreviation. The Department did not agree to the request to remove these allowances (which also form part of the United States regulation), as they could unreasonably restrict the manufacturer’s ability to design their vehicles, without any added benefit. The Regulations require the use of symbols and further require that these symbols be explained in both official languages in the vehicle owner’s manual. These requirements should be sufficient for vehicle operators to fully understand the safety controls, tell-tales and indicators of their vehicles.

Several comments requested specific changes to numerous sections of the Regulations to help to clarify and simplify the requirements. As a result of these comments, the Department revised provisions to clarify their intent. Several items in the table of identifiers were challenged by the commenters and were subsequently removed from the table. Specifically, tell-tales for daytime running lights, and rear and front fog lamps are not required by the MVSR in Canada, nor are they present in the United States safety standard regarding controls, tell-tales and indicators. Including these tell-tales in the table would therefore reduce alignment of North American regulations. Tell-tales for variable brake proportioning system malfunction and regenerative brake system malfunction do not currently have internationally recognized symbols assigned to them, and identifiers for tell-tales for air conditioning and heating systems were challenged as they could be misunderstood; therefore, manufacturers who choose to display these tell-tales in their vehicles would identify them following the general location and visibility requirements of the TSD 101. As the speedometer and the odometer are not identifiable by symbols, requirements regarding these two indicators were moved to the text of the Canadian safety standard. Finally, tell-tales for low tire pressure, low tire pressure that identifies the involved tire, tire pressure monitoring system malfunction and automatic vehicle speed control (cruise control) were removed from the table, as the functions they represent are not regulated under the MVSR in Canada.

The Department received several comments requesting the removal of the proposed unique Canadian prohibition for flashing interior lights. Concern was expressed that the Department had no evidence of a safety concern with regard to this proposed prohibition and also that such a prohibition may be difficult to enforce, as some interior lights can change in intensity as part of their normal function. As a result of the comments received, and the lack of justification for this provision, the prohibition for flashing interior lights has been removed.

The Department received two other comments that were not entertained, as no justification was provided in the submissions. One comment requested that the passenger air bag off tell-tale requirements be moved from this Canadian safety standard and placed into Canadian safety standard 208. However, this would be counter to Transport Canada’s drafting policy to place all requirements regarding location and appearance of identifiers of tell-tales, controls and indicators into one regulation. The second comment included a request that the Department allow the high beam indicator tell-tale to be blue or blue-green or green, in lieu of the blue only requirement in the proposal. While the Department has in response added the alternative of the blue-green color shade, it has denied the allowance for green. The Department remains concerned that allowing a green high beam tell-tale could result in confusion with other, similar in appearance, green lighting tell-tales used in modern day vehicles. Manufacturers have been using blue as the color of the high beam tell-tale since before the introduction of Canadian safety regulations in the 1970s. Allowing green for the high beam tell-tale could cause sufficient confusion, and vehicle operators could leave high beams active, thereby blinding oncoming drivers and causing a safety hazard.

Finally, based on comments received, the Department amended the format of the table of identifiers in its proposal to make the Canadian safety standard more harmonized in format with that of the United States safety standard. These amendments will make it easier for manufacturers to compare the United States and Canadian requirements and to easily identify the additional symbols needed for Canadian vehicles.

No new requirements beyond the contents of the regulatory proposal published in October 2012 were added as a result of the consultations.

Rationale

The Department expects that this new Canadian safety standard will improve road safety, as drivers will more easily recognize information displayed on the instrument panel and they will avoid mistakes and time delays in choosing the proper controls while operating their vehicles. As Canadian drivers improve their understanding of standardized identifiers of the controls, tell-tales and indicators needed for the safe operation of a vehicle, they will better integrate into the international driving environment when driving vehicles outside of North America. Moreover, overseas visitors to Canada will find operation of rental vehicles easier and they will be less likely to jeopardize safety on Canadian roads.

This new Canadian safety standard is not expected to have a negative economic impact on motor vehicle manufacturers, as most already use internationally adopted symbols to identify vehicle controls, tell-tales and indicators. It is expected that this new standard will assist in reducing the design, manufacturing and financial burdens on the vehicle manufacturers and importers who currently use international symbols. In addition, this new Canadian safety standard will not add any administrative, compliance oversight or enforcement cost to the Department.

Implementation, enforcement and service standards

The amendment comes into force on the day it is published in the Canada Gazette, Part II; however, until September 1, 2019, vehicles are allowed to conform to the requirements of the new version of the Canadian safety standard or the version that immediately preceded it. This will allow manufacturers and importers to adjust their product designs to meet the new requirements.

Motor vehicle manufacturers and importers are responsible for ensuring compliance with the requirements of the Motor Vehicle Safety Act and its 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. In addition, when a manufacturer or importer identifies a defect in a vehicle or equipment, they must issue a Notice of Defect to the owners and to the Minister of Transport. Any person or company that contravenes a provision of the Motor Vehicle Safety Act or its regulations is guilty of an offence, and liable to the applicable penalty set out in the Act.

Contact

Marcin Gorzkowski, P. Eng.
Senior Regulatory Development Engineer
Motor Vehicle Safety Directorate
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5