Vol. 143, No. 10 — May 13, 2009

Registration

SOR/2009-121 April 23, 2009

MOTOR VEHICLE SAFETY ACT

Regulations Amending the Motor Vehicle Safety Regulations (sections 203, 204, 212 and 219)

P.C. 2009-587 April 23, 2009

Whereas, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote a), a copy of the proposed Regulations Amending the Motor Vehicle Safety Regulations (sections 203, 204, 212 and 219), substantially in the annexed form, was published in the Canada Gazette, Part I, on August 2, 2008 and a reasonable opportunity was afforded to interested persons to make representations to the Minister of Transport, Infrastructure and Communities with respect to the proposed Regulations;

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 (voir référence b), hereby makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (sections 203, 204, 212 and 219).

REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (SECTIONS 203, 204, 212 AND 219)

AMENDMENTS

1. The portion of item 203 of Schedule III to the Motor Vehicle Safety Regulations (see footnote 1) in column II is replaced by the following:

Column I Item (CMVSS)	Column II Description
203	Driver Impact Protection and Steering Control System

2. The heading before section 203 and sections 203 and 204 of Schedule IV to the Regulations are replaced by the following:

DRIVER IMPACT PROTECTION AND STEERING CONTROL SYSTEM

203. (1) The steering control system of a vehicle shall be constructed in such a manner that no component or attachment — including any horn actuating mechanism — is capable, during normal driving manoeuvres, of catching the driver’s clothing or the driver’s jewellery, such as a watch, a ring or a bracelet other than a bracelet with loosely attached or dangling members.

(2) Subject to subsection (4), the steering control system of every passenger car and three-wheeled vehicle and every multi-purpose passenger vehicle, bus and truck — other than a walk-in van — with a GVWR of 4 536 kg or less shall be tested in accordance with SAE Recommended Practice J944, Steering Control System — Passenger Car — Laboratory Test Procedure (June 1980).

(3) The following requirements with respect to the steering control system shall be met during the test referred to in subsection (2):

(a) the system shall be impacted by a body block at a relative velocity of 24 km/h;

(b) the impact force developed on the chest of the body block and transmitted to the system shall not exceed 11 120 N, except for intervals with a cumulative duration of not more than 3 ms.

(4) Subsections (2) and (3) do not apply to a vehicle that complies with the requirements set out in subsections 208(22) and (23).

STEERING COLUMN REARWARD DISPLACEMENT

204. (1) Every passenger car and three-wheeled vehicle and every multi-purpose passenger vehicle, bus and truck — other than a walk-in van — with a GVWR of 4 536 kg or less and an unloaded vehicle mass of 2 495 kg or less shall be tested

(a) by impacting a fixed collision barrier that is at 90° ± 5° to the line of travel of the vehicle while the vehicle is travelling longitudinally forward at any speed up to and including 48 km/h; and

(b) in accordance with the requirements set out in paragraphs 208(23)(a) and (c).

(2) During the test referred to in subsection (1), the upper end of the steering column and steering shaft shall not be displaced more than 127 mm in a horizontal rearward direction parallel to the longitudinal axis of the vehicle in relation to an undisturbed point in the vehicle. The displacement shall be equivalent to the maximum dynamic movement of the upper end of the steering column and steering shaft during the test.

3. (1) Paragraph 212(1)(a) of Schedule IV to the Regulations is replaced by the following:

(a) a truck, multi-purpose passenger vehicle or bus with a GVWR greater than 4 536 kg; or

(2) Subsections 212(2) to (8) of Schedule IV to the Regulations are replaced by the following:

(2) A vehicle to which this section applies shall be tested

(a) by impacting a fixed collision barrier that is at 90° ± 5° to the line of travel of the vehicle while the vehicle is travelling longitudinally forward at any speed up to and including 48 km/h; and

(b) in accordance with the requirements set out in paragraphs 208(23)(a) and (c).

(3) During the test referred to in subsection (2), the vehicle shall retain

(a) not less than 50 per cent of the windshield periphery on each side of the vehicle longitudinal centre line, if equipped with an air bag at a front designated seating position; and

(b) not less than 75 per cent of the windshield periphery, if not equipped with an air bag at a front designated seating position.

(4) The test referred to in subsection (2) shall be conducted on the windshield mounting material and on all vehicle components in direct contact with the mounting material at a temperature that is not less than –9°C and not more than 43°C.

4. Section 219 of Schedule IV to the Regulations is replaced by the following:

219. (1) The following definitions apply in this section.

“daylight opening” or “DLO” means the maximum unobstructed opening through the glazing surface including reveal or garnish mouldings adjoining the surface, as measured parallel to the outer surface of the glazing material. (ouverture de jour or OJ)

“protected zone” means the space displayed in the figure to this section and enclosed as set out in subsection (6). (zone protégée)

“protected zone template” means a template cut or formed from type DB, cut cell styrofoam to the dimensions of the protected zone. (gabarit de zone protégée)

(2) This section does not apply in respect of

(a) a truck, multi-purpose passenger vehicle or bus with a GVWR greater than 4 536 kg; or

(b) a vehicle having a forward control configuration, a walk-in van or an open-body type vehicle with a fold-down or removable windshield.

(3) A vehicle to which this section applies shall be tested

(a) by impacting a fixed collision barrier that is at 90° ± 5° to the line of travel of the vehicle while the vehicle is travelling longitudinally forward at any speed up to and including 48 km/h; and

(b) in accordance with the requirements set out in paragraphs 208(23)(a) and (c).

(4) During the test referred to in subsection (3), no part of the vehicle outside the occupant compartment, other than the windshield mouldings or other components designed to be normally in contact with the windshield glazing, shall penetrate

(a) the windshield protected zone template to any depth in excess of 6 mm; or

(b) the inner surface of the portion of the windshield glazing that is within the DLO below the windshield protected zone.

(5) The lower boundary of the windshield protected zone displayed in the figure to this section shall be determined as follows:

(a) place a rigid sphere having a diameter of 165 mm and a mass of 6.8 kg in such a position that it simultaneously contacts the inner surface of the windshield glazing and the surface of the instrument panel, including any padding, and if the positioning of the sphere is obstructed by steering controls or other accessories or equipment, the accessories or equipment may be removed while the sphere is being positioned;

(b) draw the locus of points on the inner surface of the windshield glazing contacted by the sphere across the width of the instrument panel, and, from the outermost of those points of contact, extend the locus line horizontally to the edges of the glazing material;

(c) draw a line on the inner surface of the windshield glazing below and at a distance of 13 mm from the locus line drawn in accordance with paragraph (b);

(d) project the line drawn in accordance with paragraph (c) longitudinally on the outer surface of the windshield glazing and the resulting line is the lower boundary of the windshield protected zone.

(6) The windshield protected zone displayed in the figure to this section is the space enclosed by

(a) the outer surface of the windshield glazing;

(b) the locus of points 76 mm outward along perpendiculars drawn to each point on the outer surface of the windshield glazing; and

(c) the locus of lines forming a 45-degree angle with the outer surface of the windshield glazing at each point along the top and side edges of the outer surface of the windshield glazing and the lower boundary of the windshield protected zone determined in accordance with subsection (5) in the plane perpendicular to the edge at that point.

(7) For the purposes of subsection (6), “outer surface of the windshield glazing” means the outer surface of the windshield glazing as configured before the test referred to in subsection (3).

Figure — Windshield Protected Zone

COMING INTO FORCE

5. 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

This amendment to Schedule IV of the Motor Vehicle Safety Regulations (see footnote 2) clarifies and updates the requirements of four Canadian safety standards regarding occupant protection, namely standards 203 (Driver Impact Protection), 204 (Steering Column Rearward Displacement), 212 (Windshield Mounting) and 219 (Windshield Zone Intrusion). In addition, this amendment further aligns these Canadian requirements with those of the United States.

Description and rationale

Canadian safety standard 203

Canadian safety standard 203 specifies requirements for steering control systems to minimize chest, neck and facial injuries to the driver as a result of an impact. It was developed and enacted in 1971 to improve occupant protection and encourage the installation of collapsible, energy-absorbing steering wheel assembly designs.

Prior to this amendment, vehicles were exempted from having to meet the performance requirements of Canadian safety standard 203 if the vehicle met the frontal crash requirements of Canadian safety standard 208 by means other than seat belt assemblies. Although this portion of the regulatory text matched the regulatory text of the United States, it must be clarified that while air bags and unbelted testing are mandatory in the United States, Canada does not require vehicles to be equipped with airbags nor does it require unbelted testing. Rather, Canada specifies a performance requirement for the occupant retention system where seat belt use is implicit and required. Since seat belts are required for Canadian safety standard 208, the statement “by means other than seat belt assemblies” found in Canadian safety standard 203 was confusing. The text is amended to say that any vehicle which has been tested and which meets the Canadian crash protection requirements of Canadian safety standard 208 is exempt from meeting the steering control test procedure and requirements of Canadian safety standard 203.

Some minor differences existed between the American and Canadian standards with respect to the values of the body block impact test speed and load. The Canadian requirement used 24.1 km/h instead of 24 km/h for the speed, and 11.1 kN instead of 11 120 N for the load. For purposes of harmonization, Canadian standard 203 now contains the same values as the United States; 24 km/h and 11 120 N respectively.

Finally, this amendment better aligns the requirement with respect to the entanglement of jewellery with the steering control system with that of the corresponding United States standard. This clarification will not impact the intent of the standard.

Canadian safety standard 204

Canadian safety standard 204 previously specified requirements limiting the rearward displacement of the steering column into the passenger compartment to reduce the likelihood of chest, neck and head injuries to the driver during a frontal collision.

The method of measurement previously specified in Canadian safety standard 204 did not include the maximum displacement of the steering column during the entire crash test sequence.

There was a lack of precision in Canadian safety standard 204 in the description of the measurement of the steering column displacement required during the 48 km/h crash test into a fixed collision barrier. A manufacturer could legally make this measurement using only a comparison of the pre-crash and post-crash positions of the steering wheel centre. This method of measurement ignored the maximum displacement of the steering column, which could have had a higher value during the crash than in its post-crash position, potentially injuring the occupant in a collision. Therefore, this amendment aligns the standard with the corresponding standard of the United States, which specifies that the amount of displacement of the upper end of the steering column and shaft shall represent its maximum movement during the crash test.

Contrary to the United States, the Canadian safety standard 204 allowed for the forward longitudinal velocity of the crash test into a fixed collision barrier to be between 48 and 53 km/h. This tolerance was originally put in place when it was difficult to accurately control a vehicle’s impact speed in a barrier crash. However, as technology improved, the United States felt this tolerance was no longer required and subsequently removed it from its regulation in 1987 (52CFR44893). This amendment repeals this tolerance from Canadian safety standard 204 to align with the United States’ requirement and to avoid redundancy with the test requirements of Canadian safety standard 208 (48 km/h).

In addition, the former text that exempted certain vehicles from the application of the Canadian safety standard 204 contained a minor error of an administrative nature. It was exempting vehicles that have a gross vehicle weight rating greater than 4 536 kg or an unloaded vehicle mass of 2 500 kg. The administrative error was the word “or.” The equivalent regulation in the United States uses the word “and,” as do other Canadian safety standards. To ensure consistency, this amendment now makes it clear that the gross vehicle weight rating and unloaded vehicle mass requirements are cumulative.

The conversion from imperial units to metric units caused a 5 kg differential in the vehicle mass used in this Canadian standard and the corresponding U.S. standard. This amendment corrects this inconsistency by using the same unloaded vehicle mass (i.e. 2 495 kg or less) in the description of vehicles referred to in Canadian safety standard 204. Using this vehicle mass is also consistent with Canadian safety standards 208, 210.1 and 210.2.

Canadian safety standards 212 and 219

The purpose of Canadian safety standard 212 is to reduce crash injuries and fatalities by providing for retention of the vehicle windshield during a crash and the purpose of Canadian safety standard 219 is to reduce crash injuries and fatalities by preventing the intrusion of any part of the vehicle into the occupant compartment in the event of a frontal collision.

Most Canadian safety standards only use metric units of measurement for items such as mass, speed, length, etc. Canadian safety standards 212 and 219 expressed these measurements in metric units with the imperial equivalent in brackets for reference. This amendment deletes all the imperial units of measurement in these Canadian safety standards since they are included for reference only. Further, Canadian safety standards 212 and 219 do not apply to any vehicle with a gross vehicle weight rating greater than 4 536 kg. This amendment clarifies that these standards do not apply to a truck, a multi-purpose passenger vehicle or a bus with a gross vehicle weight rating greater than 4 536 kg.

Canadian safety standards 204, 212 and 219

Canadian safety standards 204, 208, 212 and 219 all have vehicle loading and set up requirements specified within each standard as part of their testing requirement. In addition, all these tests are required to be conducted at the same speed of 48 km/h into a fixed barrier. To reduce costs, manufacturers perform the actual tests of Canadian safety standards 204, 212 and 219 at the same time as performing the Canadian safety standard 208 crash test requirements. To ensure that it is clear that all these tests may be conducted at the same time and to reflect current practices, Canadian safety standards 204, 212 and 219 now references the set up requirements of Canadian safety standard 208 rather than having specific requirements in each Canadian safety standard.

Canadian safety standard 219

Within Canadian safety standard 219, there were some inconsistencies in the wording used. Although the text was matching the corresponding United States standard, and there had been no concerns expressed to the Department of Transport, it was necessary to modify the wording to ensure clarity.

The first concern was the lack of consistency regarding the use of the term “windshield” or the term “windshield glazing.” The windshield glazing could be interpreted as the clear glass that an occupant looks through. The term “windshield” could be interpreted the same way or could be interpreted as the entire windshield system, including the rubber moulding around the windshield glazing and the adhesive used to bond the windshield glazing to the vehicle. To avoid misinterpretation, this amendment changes all references of “windshield” to “windshield glazing.”

The second concern was related to Figure 1. The text of Canadian safety standard 219 refers to Figure 1 for clarification; however, the previous wording of the text did not always match the wording used in Figure 1. To avoid misinterpretation, this amendment ensures that the terms used in Figure 1 match those used in the text of Canadian safety standard 219. In addition, the arrow for the “Horizontal extension beyond outermost contactable point” was pointing to the incorrect location. This amendment points this wording to the correct location.

Consultation

The Department of Transport informs the automotive industry, public safety organizations, and the general public when changes are planned to the Motor Vehicle Safety Regulations. This gives them the opportunity to comment on these changes by letter or email. The Department also consults regularly, in face-to-face meetings or teleconferences, with the automotive industry, public safety organizations, the provinces and the territories.

In addition, the Department meets regularly with the federal authorities of other countries. Given that harmonized regulations are key to trade and to a competitive Canadian automotive industry, the Department and the United States Department of Transportation hold semi-annual meetings to discuss problems of mutual interest and planned regulatory changes. In addition, departmental officials participate in and support the development of Global Technical Regulations, which are developed by the World Forum for the Harmonization of Vehicle Regulations under the direction of the United Nations Economic Commission for Europe.

The Department’s intention to align these four Canadian safety standards was first announced in the Regulatory Plan of the Road Safety and Motor Vehicle Regulation Directorate. The Regulatory Plan outlines all contemplated changes to Canada’s motor vehicle safety requirements and tracks initiatives as they are developed, published in the Canada Gazette, and as the new regulations come into force. On a quarterly basis, the Regulatory Plan is distributed to virtually all members of the automotive industry, either directly or through various associations. This proposal was published in the Canada Gazette, Part I, on August 2, 2008, followed by a 75-day comment period.

Prior to the Part I publication, one comment was brought forward. Ford commented to the Department that Canadian safety standard 203 was not aligned with the equivalent United States safety standard in regards to the vehicle exemptions. The United States exempts vehicles from meeting the entire equivalent safety standard if a vehicle meets the crash requirements of the United States safety standard 208. The Canadian safety standard 203 allows for the same exemption; however, it still requires that vehicle steering wheels be designed so as not to catch jewellery (such as watches, rings and bracelets) and clothing during normal driving manoeuvres.

The department believes that ensuring a steering control system that does not catch a driver’s jewellery or clothing is (beyond the fact that it is not a performance requirement and requires no unique Canadian tests) not a design restrictive requirement. This requirement is not meant to protect a driver in a crash. Rather, it is a safety feature to ensure a driver can maintain control of a vehicle during normal driving manoeuvres. Therefore, no changes have been made to this requirement.

Following the Part I publication, the Association of International Automobile Manufacturers of Canada, and the Canadian Vehicle Manufacturers’ Association provided comments.

Both associations were concerned with the proposal for Canadian safety standards 204, 212, and 219 to reference the test speed of Canadian safety standard 208 rather than include the speed requirements within each standard as currently defined. They were not concerned with the proposal itself, rather they were concerned with a potential future change with Canadian safety standard 208 which may increase the test speed from 48 km/h to 56 km/h.

A future increase in speed to Canadian safety standard 208 would automatically place these standards out of harmony with the corresponding standards of the United States. The department has accepted this concern, and has included the test speed of 48 km/h within each of these Canadian safety standards.

Recently, the United States has published a proposal to rescind the United States standard 219. The Association of International Automobile Manufacturers of Canada suggested that the department also consider rescinding Canadian safety standard 219. The department is reviewing this proposal; however, the direction taken on Canadian safety standard 219 will not be determined until the United States has published the Final Rule, which will indicate the final position of the U.S. on this matter.

In addition, the Association of International Automobile Manufacturers of Canada suggested the department consider rescinding Canadian safety standard 204. On two occasions, the United States has reviewed the benefits of United States standard 204. In the most recent publication from 2006 (71CFR14673), the United States rejected such a petition on the basis that steering column rearward displacement was important not only in crashes which simulated the rigid barrier test standard, but also in more severe crashes. The United States was unsure if the steering column rearward displacement requirements would remain an industry compliance practice in the absence of a standard. The Department concurs with the United States conclusions and has no intention to rescind Canadian safety standard 204.

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 Motor Vehicle Safety Act.

Contact

Anthony Jaz
Senior Regulatory Development Officer
Road Safety and Motor Vehicle Regulation Directorate
Transport Canada
275 Slater Street, 17th Floor
Ottawa, Ontario
K1A 0N5
Email: anthony.jaz@tc.gc.ca

Footnote a
S.C. 1993, c. 16

Référence b
S.C. 1993, c. 16

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

Footnote 2
C.R.C., c. 1038

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