Canada Gazette, Part I, Volume 146, Number 40: Regulations Amending the Motor Vehicle Safety Regulations (Standards 121, 206, 223 and 301.2)
October 6, 2012
Motor Vehicle Safety Act
Department of Transport
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
Standard 223, Rear Impact Guards, as it relates to aerodynamic devices
“Boat tails” are devices installed on the rear of trailers that reduce aerodynamic drag, thereby improving fuel economy. The current definition of “rear extremity” of trailers found in Canada Motor Vehicle Safety Standard (CMVSS) 223 imposes dimensional limits on material that extends beyond the rear of all trailers with rear impact guards. Specifically, it states that any material added to the rear edge of the trailer that is less than 1 900 mm from the ground cannot extend more than 305 mm behind the plane of the rear impact guard. Currently, the majority of aerodynamic devices sold on the market do not comply with this requirement. A modified definition of “rear extremity” in CMVSS 223 would permit the use of a wider variety of flexible aerodynamic devices.
In addition, comments were received from the Standing Joint Committee for the Scrutiny of Regulations indicating a minor wording error in the French version of paragraph 223(2)(a), which could cause the English and French versions to be interpreted in different ways.
Expiration dates for standards 121, Air Brake Systems, 206, DoorLocks and Door Retention Components, and 301.2, CNG Fuel System Integrity
Certain requirements of the Motor Vehicle Safety Regulations (the Regulations) have expired, including the antilock brake systems (ABS) external malfunction indicator on air-braked trailers, as referenced in subsection 121(4), Air Brake Systems; section 206, Door Locks and Door Retention Components; and certain alternative test procedures referenced in section 301.2, CNG Fuel System Integrity, of Schedule IV of the Regulations. These expired requirements are still relevant and need to be reinstated.
Description and rationale
Standard 223, Rear Impact Guards, as it relates to aerodynamic devices
The Department proposes to modify the requirements of CMVSS 223, Rear Impact Guards, by modifying the definition of “rear extremity” to allow for a wider variety of aerodynamic devices. This definition will create a zone behind the trailer where boat tails would be permitted.
After reviewing requests from stakeholders, the Department commissioned a study to evaluate the possible gains of aerodynamic devices and determine which vehicles currently on Canadian roads would, in a collision, strike a boat tail before striking the rear impact guard mounted on nearly all trailers. Based on the research and stakeholder comments, the proposed amendment would modify the Regulations to allow a wider range of flexible aerodynamic devices to be installed, while maintaining a high level of safety.
Finally, to take into account the comments received from the Standing Joint Committee for the Scrutiny of Regulations, changes are proposed to correct a minor wording error in paragraph 223(2)(a) of the French version of CMVSS 223 to ensure that the English and French versions are consistent.
Standard 121, Air Brake Systems
This proposed amendment would reinstate the requirement that trailers with ABS be equipped with an external ABS malfunction indicator lamp. This change would improve safety on Canadian roads and help inspectors to identify these malfunctions. It would also have the benefit of re-establishing harmonization with the United States safety standard on the subject of air brake systems, thereby relieving manufacturers of any unnecessary burden resulting from disharmonized manufacturing requirements. This is consistent with the principles of the United States – Canada Regulatory Cooperation Council.
Requirements governing ABS for heavy vehicles were introduced in the U.S. safety standards in 1995. This included an ABS malfunction indicator lamp located on the exterior of the trailer to inform the driver of such a condition, particularly for drivers of truck tractors not equipped with a dedicated in-cab trailer ABS malfunction indicator lamp. A dedicated, in-cab trailer ABS malfunction indicator lamp was not required in newly manufactured truck tractors until March 2001.
Section 121, Air Brake Systems, of Schedule IV of the Regulations was amended to harmonize with the U.S. requirements in 1999. Similar to the U.S. safety standard, the requirement for a trailer-mounted external ABS malfunction indicator lamp included a sunset date of March 1, 2010. It was expected that many of the pre-2001 truck tractors without the in-cab trailer ABS malfunction lamp would no longer be in service by the sunset date and the external lamp would become redundant with the turnover of the vehicle fleet.
On August 25, 2009, the U.S. safety standard was amended to make permanent the requirement that new air-braked trailers be equipped with an ABS malfunction indicator lamp located on the exterior of the trailer. The corresponding Canadian safety standard currently specifies a sunset date of March 1, 2010. Therefore the external ABS malfunction indicator lamp is no longer required on trailers in Canada, and the standard is no longer harmonized with the United States. Nevertheless, Canadian transporters that operate across borders are still required by the U.S. motor carrier road enforcement authorities to have the trailer-mounted external ABS malfunction indicator lamp.
Stakeholder comments on the U.S. amendment were divided, with some in support of an extension of the sunset date, and others in support of making the external ABS malfunction lamp a permanent requirement. Those in support of an extension to the sunset date pointed out that there were still many pre-2001 truck tractors in use today without the in-cab trailer ABS malfunction lamp. Those in support of a permanent requirement presented further benefits including assisting roadside inspectors and maintenance personnel in identifying a malfunctioning trailer ABS from the outside and, in multiple trailer applications, indicating which trailer has a malfunction. U.S. regulators further noted that the amendment would incur minimal additional costs to industry as it was merely making permanent a requirement to which all trailers have been manufactured since March 1998.
Expiration dates for standards 206, DoorLocks and Door Retention Components, and 301.2, CNG Fuel System Integrity
The proposed amendment would revise the expiration date of section 206, Door Locks and Door Retention Components, of Schedule IV of the Regulations, to January 1, 2017, as well as remove several requirements that will have expired by the time these Regulations come into effect.
Section 301.2, CNG Fuel System Integrity, of Schedule IV of the Regulations serves to reduce deaths and injuries occurring from fires that result from fuel leakage during and after motor vehicle crashes. This section makes reference to alternative test procedures that are no longer applicable as they have passed their expiration date of February 28, 2009, but still provide relevant and suitable alternatives. Following a request from an automobile manufacturer, the proposed amendment would have the expiration date revised and reinstate the alternative procedures. This would provide manufacturers with testing alternatives that could reduce costs associated with the certification of vehicles to the respective safety standards.
The Department of Transport informs the automotive industry, public safety organizations, and the general public when changes are planned to the 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 United Nations Global Technical Regulations, which are developed by the World Forum for the Harmonization of Vehicle Regulations (WP.29) under the direction of the United Nations.
The Department has conducted extensive consultations regarding options for allowing longer boat tails on trailers. A consultation meeting was held prior to engaging the National Research Council of Canada to study the aerodynamic and safety issues of boat tails. Following the completion of the National Research Council of Canada study, possible options were developed to allow boat tails that, in a collision, would not reduce safety for occupants of vehicles which may strike the rear of a trailer. Most stakeholders accepted the proposed option of identifying a zone which would be acceptable for the installation of a longer boat tail. However, one manufacturer remained concerned that this zone would restrict future designs. In lieu of an acceptable zone, it was requested that a dynamic performance test be developed to ensure that the boat tail design would not reduce safety. This proposal was rejected based on the fact that the time needed to develop and implement any new testing requirement would result in a delay in the use of longer boat tails. As the use of boat tails has been proven to significantly reduce fuel use and thus reduce greenhouse gases, it was decided that the introduction of a clearance zone for longer boat tails would move forward. The need to develop a future performance testing requirement will continue to be reviewed. If such a test is developed, there would be an option to amend or replace the safe zone requirement in the future. Department authorities have consulted U.S. government authorities in the process of developing this regulatory proposal.
With respect to the permanent requirement for an external ABS malfunction indicator lamp, the Department is in agreement with the analysis in the U.S. amendment. To date, written correspondence has been received from the Commercial Vehicle Safety Alliance, the Truck Trailer Manufacturers Association and the Heavy Duty Manufacturers Association, all in support of making permanent the requirement for a trailer-mounted external ABS malfunction indicator lamp.
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 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 liable to the applicable penalty set out in the Act.
Regulatory Development Engineer
Road Safety and Motor Vehicle Regulation Directorate
275 Slater Street, 16th Floor
Please note: It is important that your comments be provided to the attention of the 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 your submission 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, pursuant to subsection 11(3) of the Motor Vehicle Safety Act (see footnote a), that the Governor in Council, pursuant to subsections 5(1) (see footnote b) and 11(1) of that Act, proposes to make the annexed Regulations Amending the Motor Vehicle Safety Regulations (Standards 121, 206, 223 and 301.2).
Interested persons may make representations to the Minister of Transport concerning the proposed Regulations 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 Kyle Buchanan, Regulatory Development Engineer, Road Safety and Motor Vehicle Regulation Directorate, Department of Transport, 16th Floor, 275 Slater Street, Ottawa, Ontario K1A 0N5 (email: email@example.com).
Ottawa, September 27, 2012
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (STANDARDS 121, 206, 223 AND 301.2)
1. Section 121 of Schedule IV to the Motor Vehicle Safety Regulations (see footnote 1) is replaced by the following:
121. (1) Subject to subsection (2), this section applies in respect of every truck, bus and trailer that is equipped with an air brake system.
(2) This section does not apply in respect of the following trucks, buses and trailers:
- (a) a trailer that has a width of more than 2.6 m with extendable equipment in the fully retracted position and that is equipped with two short-track axles in a line across the width of the trailer;
- (b) a truck, bus or trailer that is equipped with an axle that has a gross axle weight rating of 13 154 kg or more;
- (c) a truck or bus that has a speed attainable in 3.2 km (2 miles) of not more than 53.1 km/h;
- (d) a truck that has a speed attainable in 3.2 km (2 miles) of not more than 72.3 km/h, an unloaded vehicle mass of not less than 95% of its GVWR, and no capacity to carry occupants other than the driver and the operating crew;
- (e) a trailer that has a GVWR of more than 54 432 kg and whose body conforms to that described in the definition “heavy hauler trailer” in subsection 2(1) of these Regulations;
- (f) a trailer that has an unloaded vehicle mass of not less than 95% of its GVWR; and
- (g) a load divider dolly.
(3) Every truck, bus and trailer shall conform to the requirements of Technical Standards Document No. 121, Air Brake Systems (TSD 121), as amended from time to time.
(4) If a truck or bus is equipped with a front brake pressure limiting valve, that valve shall be automatic and shall operate while the service brakes are applied.
(5) Any antilock brake system malfunction indicator referred to in S126.96.36.199 of TSD 121 shall be the antilock brake system tell-tale set out in section 101.
(6) The parking brake static retardation force test that is referred to in S5.6.1 of TSD 121 shall be conducted in both a forward and a rearward direction.
(7) Subsections (3), (5) and (6) expire on January 1, 2017.
2. Section 206 of Schedule IV to the Regulations is replaced by the following:
206. (1) Every bus with a GVWR of 4 536 kg or less, enclosed motorcycle, multi-purpose passenger vehicle, three-wheeled vehicle, passenger car and truck that is equipped with side doors or back doors shall be so equipped in accordance with either
- (a) the requirements of Technical Standards Document No. 206, Door Locks and Door Retention Components (TSD 206), as amended from time to time; or
- (b) the general requirements, performance requirements and test procedures set out in ECE Regulation No. 11, entitled Uniform Provisions Concerning the Approval of Vehicles with regard to Door Latches and Door Retention Components, in the version dated June 11, 2007, as amended from time to time after that date by any amendment in the 03 series of amendments.
(2) For the purposes of paragraph 6.3.2 of ECE Regulation No. 11, the locking device shall be the device referred to in paragraph 188.8.131.52(a) or (b) of that Regulation.
(3) This section expires on January 1, 2017.
3. (1) The definition “rear extremity” in subsection 223(1) of Schedule IV to the Regulations is replaced by the following:
“rear extremity” means the rearmost point on a trailer that is above a horizontal plane located above the ground clearance and below a horizontal plane located 1 900 mm above the ground when the trailer is configured as specified in subsection (7) and when the trailer’s cargo doors, tailgate and other permanent structures are positioned as they normally are when the trailer is in motion. However, non-structural protrusions, including but not limited to the following, are excluded from the determination of the rearmost point:
- (a) tail lamps;
- (b) rubber bumpers;
- (c) hinges and latches; and
- (d) flexible aerodynamic devices that are capable of being folded to within 305 mm from the transverse vertical plane tangent to the rearmost surface of the horizontal member and that, while positioned as they normally are when the trailer is in motion, are located forward of the transverse plane that is tangent to the rear bottom edge of the horizontal member and that intersects a point located 1 210 mm rearward of the rearmost surface of the horizontal member and 1 740 mm above the ground. (extrémité arrière)
(2) Paragraph 223(2)(a) of Schedule IV to the French version of the Regulations is replaced by the following:
- a) les remorques pour charges longues, les remorques pour bois à pâte, les remorques à roues arrière reculées ou les remorques conçues pour servir d’habitation temporaire;
4. Subsections 301.2(1.1) to (1.3) of Schedule IV to the Regulations are replaced by the following:
(1.1) Instead of being tested in accordance with subparagraph (1)(a)(ii), a vehicle referred to in subsection (1) may be tested in accordance with paragraph S6.2(b) of TSD 301, except for the fuel spillage requirements, under the applicable conditions set out in sections 3.2 to 3.4 of Test Method 301.2 — CNG Fuel System Integrity (February 28, 2004) and paragraph S7.3(b) of TSD 301.
(1.2) Instead of being tested in accordance with subparagraph (1)(a)(iii), a vehicle referred to in subsection (1) may be tested in accordance with paragraph S6.3(b) of TSD 301, except for the fuel spillage requirements, under the applicable conditions set out in sections 3.2 to 3.4 of Test Method 301.2 — CNG Fuel System Integrity (February 28, 2004) and paragraph S7.2(b) of TSD 301.
(1.3) Subsections (1.1) and (1.2) expire on January 1, 2017.
COMING INTO FORCE
5. These Regulations come into force on the day on which they are published in the Canada Gazette, Part Ⅱ.