Vol. 149, No. 3 — February 11, 2015
SOR/2015-24 January 30, 2015
MOTOR VEHICLE SAFETY ACT
Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 101, 105, 122 and 135)
P.C. 2015-47 January 29, 2015
His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 5(1) (see footnote a) and 11(1) (see footnote b) of the Motor Vehicle Safety Act (see footnote c), makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 101, 105, 122 and 135).
REGULATIONS AMENDING THE MOTOR VEHICLE SAFETY REGULATIONS (INTERPRETATION AND STANDARDS 101, 105, 122 AND 135)
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|
|101||Controls, Tell-tales, Indicators and Sources of Illumination|
3. Section 101 of Schedule IV to the Regulations and the heading “LOCATION AND IDENTIFICATION OF CONTROLS AND DISPLAYS” before it are replaced by the following:
CONTROLS, TELL-TALES, INDICATORS AND SOURCES OF ILLUMINATION (STANDARD 101)
101. (1) For the purposes of this section, “control” has the same meaning as in Technical Standards Document No. 101, Controls, Tell-tales, Indicators and Sources of Illumination (TSD 101).
(2) Every vehicle that is required by section 5 of these Regulations to conform to the standards set out in this section shall, in respect of the controls, tell-tales, indicators and sources of illumination that are fitted in the occupant compartment, conform to the requirements of TSD 101, as amended from time to time.
Technical Standards Document No. 101
(3) Despite S5.2.1 of TSD 101,
- (a) 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 control or tell-tale may be disassociated and each arrow may be used separately as a distinct symbol;
- (b) if the left turn signal and the right turn signal each have their own tell-tale and the arrows in the symbol required for the turn signals tell-tale are disassociated so that each arrow is used separately as a distinct symbol, the simultaneous flashing of the left and right turn signal tell-tales may be used as the hazard warning signal tell-tale;
- (c) the identification of a control set out below is not required if the control is combined with the master lighting switch:
- (i) the control for the tail lamps, parking lamps, licence plate lamps, side marker lamps, identification lamps and clearance lamps, and
- (ii) the headlamp lower beam control;
- (d) if a single tell-tale is used to indicate more than one brake system condition, only the symbol required for the brake system malfunction shall be used;
- (e) the identification of a control set out below is not required if the control is an integral part of the key-locking system of the vehicle:
- (i) the engine start control, and
- (ii) the engine stop control;
- (f) the identification required for the drive position of the automatic transmission control may be replaced by a letter, a number, a combination of letters and numbers, or any symbol that is not set out in column 2 of the table to this section;
- (g) the symbol required for the engine start control may be replaced by the word “start”;
- (h) the symbol required for the engine stop control may be replaced by the word “stop”;
- (i) the symbol required for the electronic stability control system malfunction tell-tale may be replaced by the abbreviation “ESC”;
- (j) the symbol required for the electronic stability control system off control and tell-tale may be replaced by the abbreviation “ESC OFF”; and
- (k) until August 31, 2018, the symbol required for the passenger air bag deactivated control and tell-tale may be replaced by the words “passenger air bag off” or “pass air bag off”.
Speedometers and Odometers
(4) A speedometer shall indicate the speed of the vehicle in kilometres per hour or in kilometres per hour and miles per hour. The unit or units of measurement shall be identified on the speedometer or at a location adjacent to it.
(5) A speedometer shall be illuminated whenever the headlamps are activated, unless the headlamps are being flashed for signalling purposes or are being operated as daytime running lamps.
(6) An odometer or trip odometer shall indicate distances in kilometres or in miles. If the distances are indicated in miles, that unit of measurement shall be identified at a location adjacent to the odometer or trip odometer.
Passenger Air Bag Deactivated Tell-tale
(7) The tell-tale indicating that the passenger air bag has been deactivated shall be fitted in the interior of the vehicle
- (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 that are 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 that are 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 that is adjusted in accordance with the vehicle manufacturer’s instructions and a rearward-facing child restraint system or an infant restraint system is installed in the forwardmost right outboard designated seating position.
(9) The English and French versions of the owner’s manual shall contain an explanation of every symbol, word, abbreviation or letter used to identify a control, tell-tale or indicator that is fitted in the vehicle and is required to be identified under this section.
(10) Until September 1, 2019, a vehicle referred to in subsection (2) may conform to the requirements of this section as it read on the day before the day on which this subsection came into force.
Identification of Controls, Tell-tales and Indicators
|Headlamp upper beam||
|Tell-tale||Blue or blue-green|
|Hazard warning signal||
|Tail lamps, parking lamps, licence plate lamps, side marker lamps, identification lamps and clearance lamps||
|Windshield wiping system||Control||Yes|
|Windshield washing system||Control||Yes|
|Windshield wiping and washing system||Control||Yes|
|Windshield defrosting and defogging system||Control||Yes|
|Rear window defrosting and defogging system||Control||Yes|
|Brake system malfunction||Tell-tale||Red or red-orange|
|Antilock brake system malfunction||Tell-tale||Yellow|
|Antilock brake system malfunction in vehicles subject to CMVSS 121, other than trailers||Tell-tale||Yellow|
|Antilock brake system malfunction in trailers subject to CMVSS 121||Tell-tale||Yellow|
|Low brake pressure||Tell-tale||Red or red-orange|
|Low brake fluid||Tell-tale||Red or red-orange|
|Parking brake applied||Tell-tale||Red or red-orange|
|Brake lining wear-out condition||Tell-tale||Red or red-orange|
|Electronic stability control system malfunction||Tell-tale||Yellow|
|Electronic stability control system off||Control||Yes|
|Engine coolant temperature||Tell-tale|
|Automatic transmission control position||Indicator||Yes|
|Heating or air-conditioning fan||
|Hand throttle control||Control|
|Manual choke control||Control|
|Master lighting switch||
|Headlamp lower beam||
|Low brake air pressure||Tell-tale||Red|
|Seat belt unfastened||
|Airbag malfunction||Tell-tale||Red or yellow|
|Side airbag malfunction||
|Tell-tale||Red or yellow|
|Passenger air bag deactivated||
4. Subsections 105(2) to (6) of Schedule IV to the Regulations are replaced by the following:
(2) An indicator lamp referred to in S5.3 of TSD 105 shall, when activated due to a condition set out in S5.3.1 of TSD 105, display the identification symbol set out in the table to section 101 of this Schedule that corresponds to that condition, but if the vehicle is fitted with a single common indicator lamp, the lamp shall display the identification symbol for a brake system malfunction set out in the table to section 101 of this Schedule.
(3) The statement set out in S5.4.3 of TSD 105 may be replaced by another statement to the same effect.
5. (1) Subsection 122(7) of Schedule IV to the Regulations is replaced by the following:
(7) Despite S184.108.40.206(d) of TSD 122, the indicator lamp shall display the tell-tale for a brake system malfunction set out in the table to section 101 of this Schedule. The use of the legend referred to in S220.127.116.11(d) of TSD 122 is optional.
(2) Subsections 122(17) to (19) of Schedule IV to the Regulations are replaced by the following:
(17) A reference to a warning lamp in paragraph 5.1.12 of ECE Regulation No. 78 shall be read as a reference to the tell-tale for a brake system malfunction set out in the table to section 101 of this Schedule.
(18) A reference to a warning lamp in paragraph 5.1.13 of ECE Regulation No. 78 shall be read as a reference to the tell-tale for an antilock brake system malfunction set out in the table to section 101 of this Schedule.
6. Subsections 135(3) to (7) of Schedule IV to the Regulations are replaced by the following:
(3) A brake warning indicator referred to in S5.5.5 of TSD 135 shall, when activated due to a condition set out in S5.5.1 of TSD 135, display the identification symbol set out in the table to section 101 of this Schedule that corresponds to that condition, but if the vehicle is fitted with a single common brake warning indicator, the indicator shall display the identification symbol for a brake system malfunction set out in the table to section 101 of this Schedule.
(4) The word “car” used in S6.3.6 and S6.3.7 of the English version of TSD 135 shall be read as “vehicle”.
COMING INTO FORCE
7. These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
The current Canadian safety standard regarding controls, tell-tales and indicators does not require internationally agreed upon symbols to identify all regulated items. As a result, vehicles built in compliance with the current Canadian safety standard may display confusing pictograms on the dashboard, which could distract the driver. The current format of the standard does not allow for easy comparison of Canadian regulatory provisions with the requirements of the United States safety standard and the United Nations regulation on the same subject.
This amendment will improve drivers’ recognition of standardized international identifiers of controls, tell-tales and indicators needed for the safe operation of a vehicle. This will help to avoid driver error in the selection and use of controls and will improve the identification of indicators and tell-tales. Also, by referring to recent internationally established symbols and aligning the Canadian requirements with those of the United States to the extent possible, the revised Canadian safety standard will assist in reducing the design, manufacturing and financial burdens on vehicle manufacturers and importers. It would thereby also benefit the end consumers.
The revised Canadian safety standard more closely aligns Canadian requirements with the latest United States safety standard. In addition to promoting harmonization, this regulatory initiative will increase the safety level on Canadian roads by requiring vehicle controls, tell-tales and indicators to be identified by internationally recognized symbols rather than words or non-uniform pictograms designed by individual manufacturers. This regulatory initiative is listed in the March 2012 Work Plan for Existing Motor Vehicle Safety Standards of the Canada–United States Regulatory Cooperation Council, which was announced by Prime Minister Harper and President Obama in February 2011.
In 1999, Canada proposed and subsequently led the development of a new United Nations regulation regarding the location and identification of hand controls, tell-tales and indicators. This regulation came into force in 2006. In 2005, the United States government revised its safety standard based largely on the draft United Nations regulation. The United States safety standard and the United Nations regulation are substantially similar, with the notable exception that the United States requires the identification of some controls, tell-tales and indicators using English words and abbreviations, rather than international symbols.
This amendment will revoke the current Canadian safety standard and introduce a new one under the same Motor Vehicle Safety Regulations (MVSR), section 101, entitled Controls, Tell-tales, Indicators and Sources of Illumination. The new title more accurately reflects the broad intentions of this standard.
The revised section 101 of the MVSR, entitled Controls, Tell-tales, Indicators and Sources of Illumination, hereafter referred to as the Canadian safety standard, incorporates by reference Technical Standards Document (TSD) 101. TSD 101 reproduces the most recent United States safety standard with the necessary additions and clarifications to reflect Canadian linguistic and legislative needs. The new Canadian safety standard utilizes the incorporated TSD 101, while specifically requiring internationally adopted symbols to identify the controls, tell-tales and indicators. This approach is aimed at limiting the use of words and abbreviations. The use of words or abbreviations instead of symbols for the regulated items is permitted only in a few specific instances where the words or abbreviations are themselves internationally recognized, including “start” and “stop” to identify controls for starting and stopping the engine, and “ESC” and “ESC OFF” to identify an electronic stability control system malfunction or its “off” status.
To ensure that all Canadian vehicle operators are able to familiarize themselves with the regulated identifiers of controls, tell-tales and indicators, the new Canadian safety standard requires that the regulated identifiers fitted in the vehicle be explained in the owner’s manual. The MVSR already require that the owner’s manual be made available to vehicle purchasers in the official language of their choice. Together these two requirements will provide Canadians the opportunity to fully understand and recognize their vehicle controls, tell-tales and indicators.
As section 101 of the MVSR is referenced in sections 105, 122 and 135, these sections are amended to ensure that the references are accurate and that there are no contradictory requirements. Moreover, references to the new Canadian safety standard are also amended in TSD No. 105 — Hydraulic and Electric Brake Systems, TSD No. 126 — Electronic Stability Control, and TSD No. 135 — Light Vehicle Brake Systems.
Finally, the requirement set out in subsection 12(4) of the Motor Vehicle Safety Act for regulations incorporating a TSD to specify the day on which they shall expire has been removed as part of recent amendments to the Act. Consequently, the Department has decided that sections 101, 105, 122 and 135 of the MVSR will not contain a provision specifying the day on which the section will expire, and this amendment reflects that decision by not providing any expiration dates for sections 101, 105, 122 and 135.
As these Regulations replace one that was similar in nature, there will not be any change in administrative costs to businesses.
Small business lens
The small business lens does not apply to this proposal, as there are no increased costs imposed on small businesses, or on businesses in general. Manufacturers of all sizes will be required to meet the same safety standard.
The proposed Canadian safety standard was published in the Canada Gazette, Part I, on October 6, 2012, followed by a 75-day comment period. Written submissions were received from the Canadian Vehicle Manufacturers’ Association, the Global Automakers of Canada, the Truck and Engine Manufacturers Association and the Office québécois de la langue française.
One commenter requested that the Regulations be revised to require English text only for words and abbreviations in all instances where they are allowed or prescribed by the United States safety standard. A second commenter stated a preference for symbols but requested that any text, including words and abbreviations, used anywhere within the vehicle be identified in both Canadian official languages, with equal prominence. The Department did not accept either of these requests as they extend beyond the intention and scope of the Regulations and Part I proposal.
There were two additional comments on the issue of identifiers requesting that the two proposed sections, S5.2.2 and S5.2.3, of the TSD No. 101 be deleted. Section S5.2.2 of the TSD allows any symbols, words or abbreviations that are not part of the Regulations to be used, at the choice of the manufacturer, to identify a non-regulated indicator, control or tell-tale. Section S5.2.3 of the TSD allows the manufacturer the choice to add, at their discretion, any supplementary symbols, words or abbreviations in conjunction with any regulated symbol, word or abbreviation. The Department did not agree to the request to remove these allowances (which also form part of the United States regulation), as they could unreasonably restrict the manufacturer’s ability to design their vehicles, without any added benefit. The Regulations require the use of symbols and further require that these symbols be explained in both official languages in the vehicle owner’s manual. These requirements should be sufficient for vehicle operators to fully understand the safety controls, tell-tales and indicators of their vehicles.
Several comments requested specific changes to numerous sections of the Regulations to help to clarify and simplify the requirements. As a result of these comments, the Department revised provisions to clarify their intent. Several items in the table of identifiers were challenged by the commenters and were subsequently removed from the table. Specifically, tell-tales for daytime running lights, and rear and front fog lamps are not required by the MVSR in Canada, nor are they present in the United States safety standard regarding controls, tell-tales and indicators. Including these tell-tales in the table would therefore reduce alignment of North American regulations. Tell-tales for variable brake proportioning system malfunction and regenerative brake system malfunction do not currently have internationally recognized symbols assigned to them, and identifiers for tell-tales for air conditioning and heating systems were challenged as they could be misunderstood; therefore, manufacturers who choose to display these tell-tales in their vehicles would identify them following the general location and visibility requirements of the TSD 101. As the speedometer and the odometer are not identifiable by symbols, requirements regarding these two indicators were moved to the text of the Canadian safety standard. Finally, tell-tales for low tire pressure, low tire pressure that identifies the involved tire, tire pressure monitoring system malfunction and automatic vehicle speed control (cruise control) were removed from the table, as the functions they represent are not regulated under the MVSR in Canada.
The Department received several comments requesting the removal of the proposed unique Canadian prohibition for flashing interior lights. Concern was expressed that the Department had no evidence of a safety concern with regard to this proposed prohibition and also that such a prohibition may be difficult to enforce, as some interior lights can change in intensity as part of their normal function. As a result of the comments received, and the lack of justification for this provision, the prohibition for flashing interior lights has been removed.
The Department received two other comments that were not entertained, as no justification was provided in the submissions. One comment requested that the passenger air bag off tell-tale requirements be moved from this Canadian safety standard and placed into Canadian safety standard 208. However, this would be counter to Transport Canada’s drafting policy to place all requirements regarding location and appearance of identifiers of tell-tales, controls and indicators into one regulation. The second comment included a request that the Department allow the high beam indicator tell-tale to be blue or blue-green or green, in lieu of the blue only requirement in the proposal. While the Department has in response added the alternative of the blue-green color shade, it has denied the allowance for green. The Department remains concerned that allowing a green high beam tell-tale could result in confusion with other, similar in appearance, green lighting tell-tales used in modern day vehicles. Manufacturers have been using blue as the color of the high beam tell-tale since before the introduction of Canadian safety regulations in the 1970s. Allowing green for the high beam tell-tale could cause sufficient confusion, and vehicle operators could leave high beams active, thereby blinding oncoming drivers and causing a safety hazard.
Finally, based on comments received, the Department amended the format of the table of identifiers in its proposal to make the Canadian safety standard more harmonized in format with that of the United States safety standard. These amendments will make it easier for manufacturers to compare the United States and Canadian requirements and to easily identify the additional symbols needed for Canadian vehicles.
No new requirements beyond the contents of the regulatory proposal published in October 2012 were added as a result of the consultations.
The Department expects that this new Canadian safety standard will improve road safety, as drivers will more easily recognize information displayed on the instrument panel and they will avoid mistakes and time delays in choosing the proper controls while operating their vehicles. As Canadian drivers improve their understanding of standardized identifiers of the controls, tell-tales and indicators needed for the safe operation of a vehicle, they will better integrate into the international driving environment when driving vehicles outside of North America. Moreover, overseas visitors to Canada will find operation of rental vehicles easier and they will be less likely to jeopardize safety on Canadian roads.
This new Canadian safety standard is not expected to have a negative economic impact on motor vehicle manufacturers, as most already use internationally adopted symbols to identify vehicle controls, tell-tales and indicators. It is expected that this new standard will assist in reducing the design, manufacturing and financial burdens on the vehicle manufacturers and importers who currently use international symbols. In addition, this new Canadian safety standard will not add any administrative, compliance oversight or enforcement cost to the Department.
Implementation, enforcement and service standards
The amendment comes into force on the day it is published in the Canada Gazette, Part II; however, until September 1, 2019, vehicles are allowed to conform to the requirements of the new version of the Canadian safety standard or the version that immediately preceded it. This will allow manufacturers and importers to adjust their product designs to meet the new requirements.
Motor vehicle manufacturers and importers are responsible for ensuring compliance with the requirements of the Motor Vehicle Safety Act and its regulations. The Department of Transport monitors the self-certification programs of manufacturers and importers by reviewing their test documentation, inspecting vehicles, and testing vehicles obtained in the open market. In addition, when a manufacturer or importer identifies a defect in a vehicle or equipment, they must issue a Notice of Defect to the owners and to the Minister of Transport. Any person or company that contravenes a provision of the Motor Vehicle Safety Act or its regulations is guilty of an offence, and liable to the applicable penalty set out in the Act.
Marcin Gorzkowski, P. Eng.
Senior Regulatory Development Engineer
Motor Vehicle Safety Directorate
330 Sparks Street