ARCHIVED — Vol. 146, No. 40 — October 6, 2012

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

Statutory authority

Motor Vehicle Safety Act

Sponsoring department

Department of Transport

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Proposed section 101 of the Motor Vehicle Safety Regulations (MVSR), entitled Controls, Tell-tales, Indicators and Interior Lights and hereafter referred to as the Canadian safety standard, would harmonize Canadian requirements with the corresponding United States safety standard. The proposal is consistent with the goals of the United States – Canada Regulatory Cooperation Council.

The objective of this initiative is to increase the safety level on Canadian roads while maintaining or enhancing the level of harmonization with the United States standard and maintaining requirements for identification of vehicle controls, tell-tales and indicators by requiring internationally recognized symbols rather than words.

The proposed amendment would improve drivers’ cognition of standardized international identification of controls, tell-tales and indicators needed for the safe operation of a vehicle. This would help to avoid mistakes in selection of controls and to improve identification of indicators and tell-tales. At the same time, by requiring in the Canadian safety standard the internationally established symbols identifying vehicle controls, tell-tales and indicators, the proposed amendment may help to minimize the design, manufacturing and financial burdens on manufacturers.

Description and rationale

In 1999, Canada proposed and subsequently led the development of a new United Nations regulation regarding location and identification of hand controls, tell-tales and indicators, which came into force in 2006. In 2005, the United States government updated its safety standard by following the draft of the United Nations regulation. The United States standard and the United Nations regulation are almost identical, although the United States prefers identification of many of the controls, tell-tales and indicators by words rather than by internationally agreed-to symbols.

The current Canadian safety standard regarding controls, tell-tales and indicators does not address the latest achievements in instrument panel design and does not apply to certain controls, tell-tales and indicators related to modern motor vehicle technology. Moreover, the format of the current Canadian safety standard does not allow for easy comparison of its provisions with the requirements of the United States safety standard on the same subject.

Therefore, the Department of Transport proposes to revoke the current Canadian safety standard regarding location and identification of controls and displays and introduce a new standard. The proposed Canadian safety standard would refer to the Technical Standard Document that reproduces the latest United States safety standard; moreover, it would include necessary additions and clarifications to reflect Canadian linguistic needs and to clearly state the requirements for interior lights in front of the driver.

The proposed Canadian safety standard would require internationally adopted symbols instead of words to identify the controls, tell-tales and indicators. The use of words would be allowed in conjunction with the relevant symbols required by the Canadian safety standard. Also, the proposed Canadian safety standard would require that the identifications for the controls, tell-tales and indicators fitted in the vehicle be explained in the owner’s manual.

Furthermore, as section 101 is referred to in sections 105, 122 and 135, it is proposed to amend these sections to ensure that references are accurate and that there are no contradictory requirements.

The Department expects that the proposed amendment of the Canadian safety standard will improve road safety as drivers would more easily recognize information displayed on the instrument panel and they would avoid mistakes and time delays in choosing proper controls while operating the vehicle. As Canadian drivers would have better cognition of standardized identification of controls, tell-tales and indicators needed for the safe operation of a vehicle, they would better integrate into the international driving environment while driving abroad in locally obtained vehicles. Moreover, visitors to Canada would find operation of rental cars easier and they would be less likely to jeopardize safety on Canadian roads.

This proposal is not expected to have an economic impact on motor vehicle manufacturers as most already use international symbols to identify vehicle controls, tell-tales and indicators. Moreover, manufacturers that do not use commonly accepted symbols would have an opportunity to design vehicles satisfying international markets. Having one set of requirements respecting international regulations may help to minimize the design, manufacturing and financial burdens on manufacturers.

This proposed amendment is not expected to add any administrative, compliance oversight and enforcement effort to any level of the Canadian government. It may initiate better international cooperation in the area of regulatory dialogue regarding identification of motor vehicle controls, tell-tales and indicators.

Under the Department’s Strategic Environmental Assessment policy, a preliminary evaluation of the possible effects of these proposed amendments was done. It was determined that the proposed amendments would have no negative impact on the environment.

Consultation

In April 2008, the Department committed to rewrite section 101 (Location and Identification of Controls and Displays) of the MVSR through its regulatory plan that is distributed monthly to all known Canadian stakeholders. Draft discussion documents were distributed to stakeholders at several stages of development (September 2009, December 2009, February 2010 and June 2011). Subsequently, the final text of the proposed Canadian safety standard was developed based on comments received and follow-up discussions with interested stakeholders. Written submissions were received from the Canadian Vehicle Manufacturers’ Association, the Association of International Automobile Manufacturers of Canada and the Truck Manufacturers Association. Moreover, the Department discussed the comments and subsequent changes to the content of the proposed text during meetings with the Canadian Vehicle Manufacturers’ Association and the Association of International Automobile Manufacturers of Canada.

Implementation, enforcement and service standards

The proposed amendment would come into force on the day it is published in the Canada Gazette, Part Ⅱ; however, vehicles would be allowed to conform to the present requirements until September 1, 2014, to allow manufacturers and importers to adjust their product to the proposed changes. Vehicle manufacturers and importers are responsible for ensuring that their products conform to the requirements of the MVSR. Transport Canada 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 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. Any person or company that contravenes a provision of the Motor Vehicle Safety Act is guilty of an offence, and is liable to the applicable penalty set out in the Act.

Contact

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

Please note: It is important that your submission be provided to the attention of the contact person noted above before the closing date. Submissions not sent directly to the person noted may not be considered as part of this regulatory proposal. Individual responses to submissions will not be provided. The Canada Gazette, Part Ⅱ, will contain any changes that are made resulting from comments received, along with a summary of relevant comments. Please indicate in your submission if you do not wish to be identified or if you do not wish to have your comments published in the Canada Gazette, Part Ⅱ.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsections 5(1) (see footnote a) and 11(1) of the Motor Vehicle Safety Act (see footnote b), proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 101, 105, 122 and 135).

Interested persons may make representations concerning the proposed Regulations to the Minister of Transport within 75 days after the date of publication of this notice. All such representations must be in writing and cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Marcin Gorzkowski, Senior Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 16th Floor, 275 Slater Street, Ottawa, Ontario K1A 0N5 (email: marcin.gorzkowski@tc.gc.ca).

Ottawa, September 27, 2012

JURICA ČAPKUN
Assistant Clerk of the Privy Council

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 Interior Lights

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 INTERIOR LIGHTS (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 and Indicators (TSD 101).

General

(2) Every vehicle that is required by section 5 of these Regulations to conform to the standard set out in this section shall, in respect of the controls, tell-tales and indicators that are fitted in the vehicle, 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,

  • (a) the identification required for the variable brake proportioning system malfunction tell-tale may be replaced by any symbol that is not set out in the table to this section;

  • (b) the identification required for the drive position of the automatic transmission control may be replaced by any alphanumeric character or any symbol that is not set out in the table to this section;

  • (c) identification of a control set out below is not required if the control is combined with the master lighting switch and constitutes one of its positions:
    • (i) the control for the tail lamp, parking lamp, licence plate lamp, side marker lamps, identification lamps and clearance lamps, and

    • (ii) the headlamp lower beam control;

  • (d) identification of a control set out below is not required if the control is combined with the ignition switch and constitutes one of its positions:
    • (i) the engine start control, and

    • (ii) the engine stop control;
  • (e) if the left turn signal and the right turn signal each have their own control or tell-tale, the arrows in the symbol required for the turn signals tell-tale or control may be disassociated and each arrow may be used separately as a distinct symbol; and

  • (f) until August 31, 2017, the symbol required for the tell-tale indicating that the passenger air bag has been deactivated may be replaced by the words “passenger air bag off” or “pass air bag off”.

(4) Despite S5.2.2 and S5.2.3 of TSD 101, the symbols, words and abbreviations referred to in those provisions shall not be identical or substantially similar to any symbol, word or abbreviation set out in the table to this section.

Indicators

(5) 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.

(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

  • (a) forward of and above the seating reference point of each front outboard designated seating position when the seat is in its forwardmost position; and

  • (b) in such a manner that the tell-tale, when alight, is visible to the driver and any front passenger when they are restrained by seat belts adjusted in accordance with the vehicle manufacturer’s instructions.

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

  • (a) shall not be fitted at or adjacent to a location that can serve for storage if an object stored at that location will obstruct the tell-tale from the view of the driver and any front passenger when they are restrained by seat belts adjusted in accordance with the vehicle manufacturer’s instructions; and

  • (b) shall not be fitted at a location where the tell-tale will not be completely visible to the driver when the driver is restrained by a seat belt adjusted in accordance with the vehicle manufacturer’s instructions and when a rearward-facing child restraint system or an infant restraint system is installed in the forwardmost right outboard designated seating position.

Owner’s Manual

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

Interior Lights

(10) A source of light within the occupant compartment that can be alight while the vehicle is in motion and that is forward of a transverse vertical plane 110 mm rearward of the seating reference point of the driver’s designated seating position shall not be designed

  • (a) to flash; or

  • (b) to continually vary its colour or light intensity.

(11) The source of light referred to in subsection (10) shall

  • (a) if it provides more than one light intensity,
    • (i) be adjustable to provide a light intensity that is barely discernible to the driver during night time, or

    • (ii) have a switch or control by which the driver can turn off the source of light; or
  • (b) if it provides only one light intensity,
    • (i) provide a light intensity that is barely discernible to the driver during night time, or

    • (ii) have a switch or control by which the driver can turn off the source of light.

(12) Subsections (10) and (11) do not apply to

  • (a) a tell-tale;

  • (b) a source of light that is used to illuminate a control or an indicator set out in the table to this section; or

  • (c) a source of light in a bus that is designed to be operated with the passenger compartment illuminated.

(13) Until September 1, 2014, 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.

Expiry Date

(14) This section expires on September 1, 2017.

TABLE

Identification of Controls, Tell-tales and Indicators

Column 1

ITEM

Column 2

SYMBOL

Column 3 WORDS OR ABBREVIATIONS

Column 4

FUNCTION

Column 5

ILLUMINATION

Column 6

COLOUR

Headlamp upper beam

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

   

Tell-tale

 

Blue

Daytime running lights

Detailed information can be found in the surrounding text

DRL

Tell-tale

 

Green or yellow

Headlamp lower beam

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

   

Front fog lamps

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

   

Tell-tale

 

Green

Rear fog lamps

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

   

Tell-tale

 

Yellow

Tail lamp, parking lamp, licence plate lamp, side marker lamps, identification lamps and clearance lamps

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

   

Master lighting switch

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

   

Turn signals

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

   

Tell-tale

 

Green

Hazard warning signal

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

Yes

 

Tell-tale

 

Red

Horn

Detailed information can be found in the surrounding text

 

Control

   

Windshield wiping system

Detailed information can be found in the surrounding text

 

Control

Yes

 

Windshield washing system

Detailed information can be found in the surrounding text

 

Control

Yes

 

Windshield wiping and washing system

Detailed information can be found in the surrounding text

 

Control

Yes

 

Windshield defrosting and defogging system

Detailed information can be found in the surrounding text

 

Control

Yes

 

Rear window defrosting and defogging system

Detailed information can be found in the surrounding text

 

Control

Yes

 

Brake system malfunction

Detailed information can be found in the surrounding text

 

Tell-tale

 

Red

Antilock brake system malfunction

Detailed information can be found in the surrounding text

 

Tell-tale

 

Yellow

Antilock brake system malfunction in vehicles subject to CMVSS 121 other than trailers

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Tell-tale

 

Yellow

Antilock brake system malfunction in trailers subject to CMVSS 121

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Tell-tale

 

Yellow

Variable brake proportioning system malfunction

 

Brake Proportioning

Répartition de la force de freinage

Tell-tale

 

Yellow

Regenerative brake system malfunction

Detailed information can be found in the surrounding text

RBS

Tell-tale

 

Yellow

Low brake pressure

Detailed information can be found in the surrounding text

 

Tell-tale

 

Red

Low brake fluid

Detailed information can be found in the surrounding text

 

Tell-tale

 

Red

Parking brake applied

Detailed information can be found in the surrounding text

 

Tell-tale

 

Red

Brake lining wear-out condition

Detailed information can be found in the surrounding text

 

Tell-tale

 

Red or yellow

Electronic stability control system malfunction

Detailed information can be found in the surrounding text

ESC

Tell-tale

 

Yellow

Electronic stability control system off

Detailed information can be found in the surrounding text

ESC OFF

Control

Yes

 

Tell-tale

 

Yellow

Fuel level

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Tell-tale

   

Indicator

Yes

 

Oil pressure

Detailed information can be found in the surrounding text

 

Tell-tale

   

Indicator

Yes

 

Engine coolant temperature

Detailed information can be found in the surrounding text

 

Tell-tale

   

Indicator

Yes

 

Battery charging

Detailed information can be found in the surrounding text

 

Tell-tale

   

Indicator

Yes

 

Engine start

Detailed information can be found in the surrounding text

START

Control

   

Engine stop

Detailed information can be found in the surrounding text

STOP

Control

Yes

 

Hand throttle control

Detailed information can be found in the surrounding text

 

Control

   

Manual choke control

Detailed information can be found in the surrounding text

 

Control

   

Heating system

Detailed information can be found in the surrounding text

 

Control

Yes

 

Air-conditioning system

Detailed information can be found in the surrounding text

A/C

or

AC

Control

Yes

 

Heating or air-conditioning fan

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Control

Yes

 

Automatic transmission control position

Park

Reverse

Neutral

Drive

 

P

R

N

D

Indicator

Yes

 

Low tire pressure

Detailed information can be found in the surrounding text

 

Tell-tale

 

Yellow

Low tire pressure that identifies involved tire

Detailed information can be found in the surrounding text

 

Tell-tale

 

Yellow

Tire pressure monitoring system malfunction

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

TPMS

Tell-tale

 

Yellow

Seat belt unfastened

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Tell-tale

 

Red

Airbag malfunction

Detailed information can be found in the surrounding text

 

Tell-tale

 

Red or yellow

Side airbag malfunction

Detailed information can be found in the surrounding text

or

Detailed information can be found in the surrounding text

 

Tell-tale

 

Red or yellow

Passenger air bag deactivated

Detailed information can be found in the surrounding text

 

Control

   

Tell-tale

 

Yellow

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

(2) The common indicator lamp referred to in S5.3 of TSD 105 shall be the tell-tale for a brake system malfunction set out in the table to section 101 of this Schedule.

(3) S5.3.5 of TSD 105 does not apply.

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

(5) This section expires on January 31, 2016.

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 referred to in that provision shall be 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) and (18) of Schedule IV to the Regulations are replaced by the following:

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

(18) The warning lamp referred to in paragraph 5.1.13 of ECE Regulation No. 78 shall be 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) The common brake warning indicator referred to in S5.5.5(b) of TSD 135 shall be the tell-tale for a brake system malfunction set out in the table to section 101 of this Schedule.

(4) S5.5.5(d) of TSD 135 does not apply.

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

(6) This section expires on January 31, 2016.

COMING INTO FORCE

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

[40-1-o]

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

Footnote b
S.C. 1993, c. 16

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