Government of Canada
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Vol. 137, No. 5 — February 1, 2003

Regulations Amending the Motor Vehicle Safety Regulations (Alternative Requirements for Headlamps)

Statutory Authority

Motor Vehicle Safety Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Department of Transport (the "Department") is proposing to amend the Canadian Motor Vehicle Safety Standard (CMVSS) 108.1, which is part of Schedule IV to the Motor Vehicle Safety Regulations (MVSR). (see footnote 1)  The purpose of the proposed amendment is to align the Canadian regulations with amendments made to foreign regulations, referred to in section 108.1 of Schedule IV to the MVSR.

Section 108.1 allows headlamps, designed in accordance with United Nations Economic Commission for Europe (ECE) Regulations, as an alternative to the "North American" or Society of Automotive Engineers (SAE) beam pattern headlamps specified in section 108. Section 108.1 also refers to certain provisions of TSD No. 108, notably those concerning the aiming and durability of headlamps.

Currently, section 108.1 refers to ECE Regulation No. 8, entitled Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Emitting An Asymmetrical Passing Beam Or A Driving Beam Or Both And Equipped With Halogen Filament Lamps (H1, H2, H3, HB3, HB4, H7, H8, H9, HIR1, HIR2 and/or H11); ECE Regulation No. 20, entitled Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Emitting an Asymmetrical Passing Beam or a Driving Beam or Both and Equipped with Halogen Filament Lamps (H4 Lamps), and, ECE Regulation No. 31, entitled Uniform Provisions Concerning the Approval of Halogen Sealed-Beam Unit (HSB Unit) Motor Vehicle Headlamps Emitting an Asymmetrical Passing Beam or a Driving Beam or Both. These regulations underwent several amendments to reflect the technical changes promoted by the lighting industry and evolving needs for safe road illumination.

In addition, since the references to ECE Regulations were last amended in section 108.1, the ECE established two more regulations regarding motorcycle headlamps. ECE Regulation No. 57, entitled Uniform Provisions Concerning the Approval of Headlamps for Motor Cycles and Vehicles Treated as Such, and ECE Regulation No. 72, entitled Uniform Provisions Concerning the Approval of Motor Cycle Headlamps Emitting an Asymmetrical Passing Beam and a Driving Beam and Equipped with Halogen Lamps (HS1 Lamps), came into force in 1983 and 1988, respectively.

In time, ECE Regulation Nos. 8, 20, 57 and 72 were consolidated into two new ECE Regulations. ECE Regulation No. 112, entitled Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Emitting an Asymmetrical Passing Beam or a Driving Beam or both and Equipped with Filament Lamps, is comprised of provisions concerning asymmetrical beams of the ECE Regulations, and ECE Regulation No. 113, entitled Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Emitting a Symmetrical Passing Beam or a Driving Beam or Both and Equipped with Filament Lamps, is comprised of provisions concerning symmetrical beams of the ECE Regulations. Both ECE Regulation No. 112 and ECE Regulation No. 113 came into force on September 21, 2001.

Although ECE Regulation Nos. 8, 20, 57, and 72 have been consolidated, all are still in force and manufacturers are allowed to use lamps described in either regulation in new vehicle designs. Consequently, the Department is proposing to amend section 108.1 to allow headlamps described in these regulations.

Further, ECE Regulation No. 98, entitled Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Equipped with Gas-Discharge Light Sources, was introduced in 1996 to address High Intensity Discharge (HID) lamps. Since the HID lamps described in ECE Regulation No. 98 meet the photometric requirements for low-beam headlamps set out in ECE Regulation No. 112, the Department is proposing to amend section 108.1 to allow headlamps described in ECE Regulation No. 98 to be installed on passenger cars, multipurpose passenger vehicles, buses and trucks in Canada.

As the ECE does not allow headlamps described in ECE Regulation No. 98 to be installed on motorcycles, and considering that gas-discharge lamps are very bright below the horizontal and that motorcycles are very dynamic in nature, subsection 108.1(2) of Schedule IV to the MVSR would be worded such as to prohibit gas-discharge light sources on motorcycles, thereby reducing glare.

For many manufacturers, the use of lamps that meet ECE requirements would obviate the need to produce multiple versions of the same lamp. This could reduce complexity in manufacture and assembly, reduce the potential for error, reduce design costs, and advance the global harmonization of technical regulations. Consequently, it is the Department's proposal to amend section 108.1 of Schedule IV to the MVSR to allow in Canada motor vehicles equipped with headlamps conforming to the latest ECE Regulations.

Considering that the Department participates actively on the United Nations ECE committee charged with the development of vehicle lighting regulations, and that the ECE Regulations are frequently amended to reflect industry best practices and recent technical changes, the Department proposes to recognize manufacturer compliance with ECE Regulations, as amended from time to time by the ECE, instead of making reference to a precise version date of an ECE Regulation. Such a procedure would increase vehicle safety as it would allow vehicle manufacturers to fit headlamps built to the latest version of an ECE Regulation as soon as it comes into effect, without the delay needed for amendments to the MVSR 108.1. If the ECE regulations were to be modified in a way as to cause concern to the Canadian stakeholders, the Department would not hesitate to amend the MVSR 108.1 appropriately.

In addition, the Department proposes to insert a new subsection 108.1(3), and to re-number subsections 108.1(3) and (4) to make them 108.1(4) and (5). The new subsection 108.1(3) would be added to set out the requirements of the ECE regulations that do not apply for the purpose of subsections 108.1(1) and (2). In the new subsection 108.1(4), the Department proposes the addition of the value of the test voltage. This would reduce the ambiguity of the testing procedure. In the new subsection 108.1(5), the Department proposes to allow headlamp wiper systems to be fitted only to lamps with glass lenses. Utilization of wipers on plastic headlamp lenses would prematurely degrade lens transparency and may cause damage that would alter light transmission. These changes may decrease driver visibility and increase glare from the headlamp system.

Effective Date

The proposed amendment would come into force on the date of registration by the Clerk of the Privy Council.

Alternatives

The Department has considered alternatives to the proposed amendment, i.e., retaining the status quo or adopting a non-regulatory or voluntary approach.

As the MVSR currently permit headlamps that comply with ECE Regulation Nos. 8, 20 or 31, making reference to them in section 108.1 of Schedule IV to the MVSR, as amended from time to time, would maintain harmonization.

If the status quo were maintained, it would not be possible to permit the introduction of new headlamps meeting the amended ECE Regulation Nos. 8, 20 or 31. Also, lamps meeting ECE Regulation Nos. 57, 72, 98, 112 and 113 would not be allowed, since there are currently no provisions for those lamps in the MVSR. Consequently, the status quo was not considered an option for the proposed amendment. Therefore, the Department feels that the only appropriate action is to propose an amendment to the MVSR.

Benefits and Costs

The proposed amendment to section 108.1 of Schedule IV to the MVSR would not incur any costs to industry, as it would continue to allow manufacturers to comply with current ECE Regulations. The introduction of new ECE Regulations would allow more flexibility for manufacturers to use new technologies. Manufacturers would continue to have the option of complying with section 108 of Schedule IV to the MVSR. Furthermore, as mentioned earlier, this would be beneficial for manufacturers, as the use of lamps that meet ECE requirements would obviate the need to produce multiple versions of the same lamp. This could reduce complexity in manufacture and assembly, reduce the potential for error, reduce design costs, and advance the global harmonization of technical regulations.

This proposed amendment is not expected to have a negative impact on the environment.

Consultation

The Department has instituted a systematic and extensive consultation process to keep the automotive industry, public safety organizations and the general public informed of recent and proposed changes to regulatory requirements governing motor vehicle safety in Canada, and to provide a mechanism for their input on these initiatives. Three times a year, departmental representatives meet with the Canadian Vehicle Manufacturers' Association, whose members include DaimlerChrysler Canada Inc., Ford Motor Company of Canada Limited and General Motors of Canada Limited. The Department also meets three times a year with the Association of International Automobile Manufacturers of Canada (AIAMC), which represents international manufacturers and importers of motor vehicles. (see footnote 2)  In addition, once a year, the members of the Alliance of Automobile Manufacturers (AAM) join the AIAMC meeting. The AAM is a trade association of 13 car and light-truck manufacturers whose members account for more than 90 percent of U.S. vehicle sales. (see footnote 3)  Semi-annual meetings are also held with the Motorcycle and Moped Industry Council, the Rubber Association of Canada, and the Juvenile Product Manufacturers Association. (see footnote 4) 

These automotive industry meetings allow manufacturers and importers to respond to proposed changes to the regulations administered by the Road Safety and Motor Vehicle Regulation Directorate, to raise problems with the existing requirements, and to discuss any matters of concern to the member companies. On a quarterly basis, the associations receive a copy of the Directorate's Regulatory Plan, which outlines all contemplated changes to safety requirements and tracks initiatives as they are developed and published in the Canada Gazette and as new regulations come into force.

The Department also consults with the provinces and territories and with federal authorities in other countries. Since the harmonization of regulatory requirements between Canada and the U.S. is pivotal to trade between the two countries and to the competitiveness of Canada's automotive industry, semi-annual meetings are held with the U.S. National Highway Traffic Safety Administration. These meetings provide a valuable opportunity to discuss future regulatory initiatives and issues of mutual interest.

The Department is also committed to the development of global regulations, which is being carried out under the auspices of the United Nations World Forum for the Harmonization of Vehicle Regulations. Along with members of other world regulatory bodies, international industry associations and public interest groups, departmental representatives participate in 11 or more meetings a year as part of the initiative to develop Global Technical Regulations in order to simplify the regulatory process for automotive manufacturers who market their products internationally.

Consultation with the provinces and territories takes place mainly through the Department's membership in the Canadian Council of Motor Transport Administrators (CCMTA). The CCMTA Board of Directors meets at least twice a year, as do the three standing committees of the CCMTA, which are comprised of officials from each member jurisdiction who deal with a broad range of short- and long-term issues.

In addition to the foregoing consultation mechanisms, which involve the automotive industry and other government agencies, the Department meets twice a year with national public safety organizations to consult with them on future regulatory changes and to discuss emerging safety problems. Thirty or more such organizations are invited to each of these meetings, including drivers' and automobile associations, bus operators, the insurance industry, consumer associations, health and police organizations, the Canada Safety Council, the Traffic Injury Research Foundation, the Canadian Automobile Association, MADD Canada, and the Federation of Canadian Municipalities. These organizations also receive copies of the Directorate's Regulatory Plan on a quarterly basis.

To monitor public views and concerns and keep the public informed of road safety issues, the Department offers a free telephone information service that Canadians may call from anywhere in the country, and it posts specific safety-related information on its Web site. The public may also make enquiries through the Department's Web site and by regular mail. In addition, a dedicated toll-free telephone line can be used to notify the Department of safety-related defects, which are subsequently investigated by the Public Complaints, Recalls and Investigations Division. As part of its research program, the Department has established several teams of collision investigators that are affiliated with major universities, whose work includes monitoring road safety issues. A system has also been implemented to train instructors on the proper installation of infant and child restraint systems, and the instructors notify the Department of any safety issues that arise.

This consultation process enables the Department to identify and respond to safety-related problems with minimal delay. More important, the public, the automotive industry and public safety organizations are kept abreast of the Department's many regulatory initiatives, and all concerned have the opportunity to participate in the development of new motor vehicle safety measures.

A consultation period of 75 days will follow the publication of this proposal in the Canada Gazette, Part I. Comments may be made at any government-industry meeting or by writing to the address given below. All input 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 MVSR. The Department of Transport monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles procured on the open market. When a defect is found, the manufacturer or importer must issue a notice of defect to owners and to the Minister of Transport. If a vehicle does not comply with a safety standard, the manufacturer or importer may be subject to prosecution and, if found guilty, may be fined as prescribed in the Motor Vehicle Safety Act.

Contact

For further information, please contact: Jay Rieger, 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), riegerj@ tc.gc.ca (Internet address).

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 (Alternative Requirements for Headlamps).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport 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 Jay Rieger, 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) 998-1962; fax: (613) 990-2913; e-mail: riegerj@tc.gc.ca)

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, January 30, 2003

EILEEN BOYD

Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (ALTERNATIVE REQUIREMENTS FOR HEADLAMPS)

AMENDMENTS

1. (1) Subparagraphs 108.1(1)(a)(i) to (iii) of Schedule IV to the Motor Vehicle Safety Regulations (see footnote 5)  are replaced by the following:

(i) ECE Regulation No. 8, Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Emitting an Asymmetrical Passing Beam or a Driving Beam or Both and Equipped with Halogen Filament Lamps (H1, H2, H3, HB3, HB4, H7, H8, H9, HIR1, HIR2 and/or H11), as amended from time to time,
(ii) ECE Regulation No. 20, Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Emitting an Asymmetrical Passing Beam or a Driving Beam or Both and Equipped with Halogen Filament Lamps (H4 Lamps), as amended from time to time,
(iii) ECE Regulation No. 31, Uniform Provisions Concerning the Approval of Halogen Sealed-beam Unit (HSB Unit) Motor Vehicle Headlamps Emitting An Asymmetrical Passing Beam or a Driving Beam or Both, as amended from time to time,
(iv) ECE Regulation No. 98, Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Equipped with Gas-discharge Light Sources, as amended from time to time, or
(v) ECE Regulation No. 112, Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Emitting an Asymmetrical Passing Beam or a Driving Beam or Both and Equipped with Filament Lamps, as amended from time to time;

(2) Paragraph 108.1(1)(b) of Schedule IV to the Regulations is replaced by the following:

(b) despite the requirements of the ECE Regulations referred to in this section, emit white light as specified in SAE Standard J578, Color Specification (May 1988);

(3) Subparagraph 108.1(1)(d)(i) of Schedule IV to the English version of the Regulations is replaced by the following:

(i) paragraphs S5.1.2, S5.5.9, S7.4(g) and (h), S7.8.2, S7.8.2.1(a) and (b), S7.8.2.2, S7.8.3, S7.8.4 and S7.8.5.1(c) of TSD 108, and

(4) Paragraph 108.1(2)(b) of Schedule IV to the Regulations is replaced by the following:

(b) comply with

(i) subparagraphs (1)(a)(i) to (iii) and (v) and paragraphs (1)(b) and (d) to (f),
(ii) ECE Regulation No. 57, Uniform Provisions Concerning the Approval of Headlamps for Motor Cycles and Vehicles Treated as Such, as amended from time to time,
(iii) ECE Regulation No. 72, Uniform Provisions Concerning the Approval of Motor Cycle Headlamps Emitting an Asymmetrical Passing Beam and a Driving Beam and Equipped with Halogen Lamps (HS1 Lamps), as amended from time to time, or
(iv) ECE Regulation No. 113, Uniform Provisions Concerning the Approval of Motor Vehicle Headlamps Emitting a Symmetrical Passing Beam or a Driving Beam or Both and Equipped with Filament Lamps, as amended from time to time; and

(5) Subsections 108.1(3) and (4) of Schedule IV to the Regulations are replaced by the following:

(3) For the purposes of this section, the following requirements of the ECE Regulations referred to in subsections (1) and (2) do not apply:

(a) any requirements respecting the approval process;
(b) any requirements respecting the marking of approved headlamps; and
(c) any requirements respecting

(i) the conformity of headlamp production to the type approved,
(ii) the penalties for non-conformity of production, and
(iii) the modification of a headlamp type and extension of approval.

(4) The total intensity of the upper beams of the headlamps of a vehicle equipped pursuant to subsection (1) or (2) shall not exceed 225,000 cd at any point in the beam pattern when measured at 12 V.

(5) Except for headlamps with plastic lenses, wipers may be fitted to the headlamps of a vehicle equipped pursuant to subsection (1) or (2), if the headlamps conform to all of the applicable photometric requirements when the wipers are stopped in any position in front of the lenses.

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

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Regulations Amending the Motor Vehicle Safety Regulations (Snowmobiles)

Statutory Authority

Motor Vehicle Safety Act

Sponsoring Department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Section 1201 of Schedule VI to the Motor Vehicle Safety Regulations (MVSR), entitled "Snowmobile Standards," sets out regulatory requirements governing snowmobiles. According to this section, snowmobiles must comply with standards published by the Snowmobile Safety and Certification Committee, Inc. (SSCC), a North American non-profit association that has developed minimum safety standards for the manufacture and certification of snowmobiles. These standards are contained in SSCC/11 "Safety Standards for Snowmobile Product Certification" and in the SSCC/11 Supplement entitled "Detailed Standards and Testing Specifications and Procedures."

On February 6, 2002, the SSCC reaffirmed the Safety Standards for Snowmobile Product Certification and the accompanying Supplement. The only change to the substantive requirements was the deletion of the emergency starting provision. This action was taken to reflect changes in the standards published by the Society of Automotive Engineers (SAE) to which the SSCC Standards and Supplement make reference.

This proposed amendment updates and clarifies the safety requirements governing snowmobiles by incorporating a reference to the SSCC Standards and Supplement into section 1201 of Schedule VI to the MVSR, and stipulating those standards and test procedures that are obligatory. Only the testing and construction standards of the SSCC are incorporated into section 1201. The certification requirements contained in the SSCC Standards and Supplement are not included. The proposed amendment also requires that the information specified on the label or plaque affixed to a snowmobile, as well as any instructions that are provided with snowmobiles, be in both French and English.

This proposed amendment also repeals sections 1207, 1208 and 1209 of Schedule VI to the MVSR. Section 1207, entitled "Tie-Down," specifically addresses tie-downs on snowmobile cutters. Section 1209, entitled "Snowmobile Cutters," regulates snowmobile cutters. Section 1208 regulates snowmobile trailers.

The existing content of section 1207 is integrated into the existing content of section 1209, and the provision thus created is added as section 1202, a new provision after section 1201 of Schedule VI. In addition, the existing content of section 1208 is added after section 905 of Schedule IV to become section 906, entitled "Snowmobile Trailers (Standard 906)."

By integrating all of the requirements for snowmobile cutters into Schedule VI, all of the regulatory requirements respecting these vehicles will be located in one place, making the MVSR more efficient and easier to understand. By setting out standards for all types of trailers in Schedule IV of the MVSR, the regulatory requirements respecting trailers are now integrated as well. This reorganization is also reflected in proposed amendments to Schedule III to the MVSR, which specifies the standards that apply to each class of vehicle.

Effective Date

This proposed amendment would come into effect on the day of its registration by the Clerk of the Privy Council.

Alternatives

As the changes proposed by this amendment are mainly administrative in nature, the only alternative considered was that of reproducing the SSCC Standards in their entirety within the body of the MVSR; however, incorporation by reference to the SSCC Standards was retained as the appropriate legislative method because snowmobile manufacturers are familiar with the SSCC Standards and testing procedures, and it is unnecessary to duplicate them.

Benefits and Costs

This proposed amendment updates and clarifies the safety requirements governing snowmobiles, thereby helping to ensure the effective regulation of the snowmobile industry. No specific costs are associated with this proposed amendment, and it would not have any impact on the environment.

Consultation

Manufacturers and importers were informed of this proposed amendment through government-industry meetings (SSCC and SAE) and were given an opportunity to comment at that time.

A consultation period of 75 days will follow the publication of this proposal in the Canada Gazette, Part I. Comments may be made by writing to the address given below or at any meeting between the Department and the industry. 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 MVSR. The Department of Transport monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting factory-produced 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, is subject to penalties as prescribed in the Motor Vehicle Safety Act.

Contact

For further information, please contact: Marc-André Bergevin, Regulatory Development Engineer, Transport Canada, 330 Sparks Street, Tower C, Ottawa, Ontario K1A 0N5, (613) 998-2670 (Telephone), (613) 990-2913 (Facsimile), BERGEMA@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 c) , that the Governor in Council, pursuant to section 5 (see footnote d)  and subsection 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Snowmobiles).

Interested persons may make representations with respect to the proposed Regulations to the Minister of Transport 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 Marc-André Bergevin, 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) 998-2670; fax: (613) 990-2913; e-mail: bergema@tc.gc.ca)

Persons making representations should identify any of those representations the disclosure of which should be refused under the Access to Information Act, in particular under sections 19 and 20 of that Act, and should indicate the reasons why and the period during which the representations should not be disclosed. They should also identify any representations for which there is consent to disclosure for the purposes of that Act.

Ottawa, January 30, 2003

EILEEN BOYD

Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (SNOWMOBILES)

AMENDMENTS

1. Schedule III to the Motor Vehicle Safety Regulations (see footnote 6)  is amended by adding the following after item 905:

Please note that the width of this table exceeds the capacity permitted by the layout. See Schedule III

2. Schedule III to the Regulations is amended by adding the following after item 1201:

Please note that the width of this table exceeds the capacity permitted by the layout. See Schedule III

3. Items 1207 to 1209 of Schedule III to the Regulations are repealed.

4. Schedule IV to the Regulations is amended by adding the following after section 905:

Snowmobile Trailers (Standard 906)

906. Every snowmobile trailer shall be equipped with

(a) one or more tie-down cross bars located in such a manner as to be capable of clamping the skis of as many snowmobiles as the trailer is capable of carrying; and
(b) tie-down points to which each snowmobile can be secured by ropes or straps and that are of sufficient strength to withstand a force of 2 224.11 N (500 pounds) applied separately from any direction to each tie-down point.

5. Subsection 1201(1) 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/11 Safety Standards for Snowmobile Product Certification, published by the Snowmobile Safety and Certification Committee, Inc., dated February 6, 2002 and in the SSCC/11 Supplement, Detailed Standards and Testing Specifications and Procedures, dated February 6, 2002, when subjected to the tests referred to in those documents, except that the following provisions do not apply:

(a) section 13 of SSCC/11, respecting vehicle identification numbers;
(b) section 14 of SSCC/11, respecting certification markings of exhaust systems;
(c) Figures 4 to 7 of SSCC/11, respecting labelling requirements;
(d) subsection 12(c)(6) of SSCC/11, requiring a label stating that the use of children's snowmobiles is prohibited on public trails;
(e) section 3.1 of L-S-300A, set out in the SSCC/11 Supplement;
(f) subsection 4.3.3 and section 5 of L-S-300A, set out in the SSCC/11 Supplement, respecting packing requirements; and
(g) subsection 6.2 of L-S-300A, set out in the SSCC/11 Supplement, respecting ordering information.

(1.1) For the purposes of this section, the word "snowmobile" used in the Standards and SSCC/11 Supplement referred to in subsection (1) has the same meaning as in subsection 2(1) of these Regulations.

6. Schedule VI to the Regulations is amended by adding the following after section 1201:

Snowmobile Cutters (Standard 1202)

1202. (1) Every snowmobile cutter shall be equipped with a rigid tow bar that, when coupled to a snowmobile, is

(a) rigidly connected to the cutter so as to prevent yawing movement;
(b) capable of 90 degrees of rolling movement in each direction in relation to the longitudinal vertical plane of the cutter; and
(c) capable of allowing adequate pitching movement of the cutter.

(2) Snowmobile cutters shall be equipped with the following reflex reflectors, located not more than 760 mm above the ground measured to the centre of the reflex reflectors with the cutter at curb mass:

(a) on the rear, the reflex reflectors referred to in SAE Recommended Practice J292, Snowmobile and Snowmobile Cutter Lamps, Reflective Devices and Associated Equipment (May 1995); and
(b) on each side at the mid-point of the cutter,

(i) the reflex reflectors referred to in SAE Recommended Practice J292, Snowmobile and Snowmobile Cutter Lamps, Reflective Devices and Associated Equipment (May 1995), or
(ii) reflex reflectors that have a minimum area, as projected in side elevation, of 100 cm2 and that are composed of Class 1 or 3 reflective materials, as specified in Canadian General Standards Board Standard CGSB 62-GP-11M, Marking Material, Retroreflective Enclosed Lens, Adhesive Backing (May 1978), of any colour or combination of colours set out in Table 1 of that Standard and with a reflective intensity value of Level 1 as specified in Table 2 of that Standard.

(3) The skis of a snowmobile cutter shall be capable of being clamped to a snowmobile trailer by means of a tie-down cross bar attached to the trailer and passing over or through the skis.

7. The heading before section 1207 and sections 1207 to 1209 of Schedule VI to the Regulations are repealed.

COMING INTO FORCE

8. These Regulations come into force on the day on which they are registered.

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Footnote 1 

C.R.C., c. 1038

Footnote 2 

The AIAMC represents the following automotive manufacturers and importers: BMW Canada Inc., Daewoo Auto 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 3 

The Alliance of Automobile Manufacturers represents BMW Group; Daimler-Chrysler; Fiat Auto R&D USA; Ford Motor Company; General Motors; Isuzu Motors America, Inc.; Mazda North American Operations; Mitsubishi Motor Sales of America, Inc.; Nissan; Porsche Cars North America, Inc.; Toyota; Volkswagen of America, Inc.; and Volvo Car Corporation.

Footnote 4 

The Juvenile Product Manufacturers Association represents the manufacturers and importers of infant and child restraint systems.

Footnote a 

S.C. 1993, c. 16

Footnote b 

S.C. 1999, c. 33, s. 351

Footnote 5 

C.R.C., c. 1038

Footnote c 

S.C. 1993, c. 16

Footnote d 

S.C. 1999, c. 33, s. 351

Footnote 6 

C.R.C., c. 1038


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