Regulations Amending the Motor Vehicle Safety Regulations (Bus Seat Belts and Other Amendments): SOR/2018-143-2

Canada Gazette, Part II, Volume 152, Number 14

Registration

June 25, 2018

MOTOR VEHICLE SAFETY ACT

P.C. 2018-877 June 22, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 5(1) footnotea and 11(1) footnoteb of the Motor Vehicle Safety Act footnotec, makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Bus Seat Belts and Other Amendments).

Regulations Amending the Motor Vehicle Safety Regulations (Bus Seat Belts and Other Amendments)

Amendments

1 Subsection 2(1) of the Motor Vehicle Safety Regulations footnote1 is amended by adding the following in alphabetical order:

prison bus means a bus that is specially designed for the purpose of transporting inmates; (autobus pénitentiaire)

2 Subsection 2.4(5) of the Regulations is replaced by the following:

(5) The number of designated seating positions in a bench type seat in a school bus shall be the number of seating positions determined in accordance with Technical Standards Document No. 222, School Bus Passenger Seating and Crash Protection.

Transitional Provision

(6) Until September 1, 2020, the number of designated seating positions referred to in subsection (5) may conform to the requirements of this section as it read on the day before the day on which this subsection came into force.

3 Subparagraph 9(1)(c)(i) of the Regulations is replaced by the following:

4 (1) The portion of subsection 208(5) of Part III of Schedule IV to the Regulations before subparagraph (a)(i) is replaced by the following:

(5) Every bus, other than a school bus, transit bus, perimeter-seating bus and prison bus, must be equipped

(2) Subsections 208(6) and (7) of Part III of Schedule IV to the Regulations are replaced by the following:

(6) Every school bus, transit bus, perimeter-seating bus and prison bus must be equipped, at the driver’s designated seating position, with a Type 2 manual seat belt assembly that

(3) Subsection 208(26) of Part III of Schedule IV to the Regulations is replaced by the following:

(26) Until September 1, 2020, buses may conform to the applicable requirements of this section as it read on the day before the day on which this subsection came into force.

5 Section 210 of Part III of Schedule IV to the Regulations is replaced by the following:

210 (1) The following seat belt anchorages must be installed in a designated seating position in respect of which a seat belt assembly has been installed under section 208:

(2) The seat belt anchorages set out in subsection (1) and the owner’s manual for three-wheeled vehicles, passenger cars, multipurpose passenger vehicles, buses other than a school bus, and trucks with a GVWR of 4 536 kg or less must conform to the requirements of Technical Standards Document No. 210, Seat Belt Anchorages (TSD 210), as amended from time to time.

(3) Only the strength test requirement set out in S4.2 of TSD 210 applies to enclosed motorcycles.

Transitional Provision

(4) Until September 1, 2020, the seat belt anchorages referred to in subsection (1) and the owner’s manuals 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.

6 Paragraph 213.4(22)(a) of Part III of Schedule IV to the Regulations is replaced by the following:

7 The portion of subsection 217(3) of Part III of Schedule IV to the Regulations before paragraph (a) is replaced by the following:

(3) Every bus, other than a school bus and a prison bus, must be provided with unobstructed openings for rapidly urgent egress, the combined areas of which, when measured

8 Section 222 of Part III of Schedule IV to the Regulations is replaced by the following:

222 (1) Every school bus must conform to the requirements of Technical Standards Document No. 222, School Bus Passenger Seating and Crash Protection (TSD 222), as amended from time to time.

(2) If a school bus is equipped with a seat belt assembly at a rear designated seating position, the seat belt assembly must be Type 2 and it must conform to the requirements of TSD 222.

Transitional Provision

(3) Until September 1, 2020, school buses may conform to the requirements of this section as it read on the day before the day on which this subsection came into force.

9 Section 1 of Part III of Schedule IV of the English version of the Regulations, as enacted by section 2 of the Regulations Amending the Motor Vehicle Safety Regulations (Standard 226) footnote2, is renumbered as section 226.

10 Subsections 305(4) and (5) of Part IV of Schedule IV to the Regulations are repealed.

Coming into Force

11 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.)

Issues

Severe highway bus collisions are rare events. When they do occur, they have the potential to result in a large number of injuries and fatalities. Also, occupants are at risk of ejection in collisions where a bus rolls over. Statistics reveal that the majority of bus occupant fatalities occur in rollover collisions.

School buses are the safest form of child transportation. Prior to this amendment, Canada had no requirements for seat belts on any size of school bus. Therefore, there was no means of ensuring that seat belts optionally installed on school buses were installed correctly. In addition, the aftermarket installation of seat belts on existing school bus seats had the potential to compromise the safety afforded by compartmentalization. Further, as there were no federal requirements for seat belt installation on school buses, lap-only seat belts could be installed. In certain collisions, lap-only belts can increase injury risk compared to compartmentalization features.

In addition, unrelated to the bus seat belt issues, a number of housekeeping items have been identified such as redundant requirements in the fuel system integrity and electrolyte spillage and electrical shock protection standard, an error in the English version of the ejection mitigation standard, a label requirement in section 9 of the substantive regulations which can cause compliance issues for manufacturers, and a redundancy in the built-in child restraint standard which was pointed out by the Standing Joint Committee for the Scrutiny of Regulations.

Background

Currently, all buses must have a seat belt (lap, or lap/shoulder belt) in the driver’s position. In addition, buses under 4 536 kg gross vehicle weight rating (GVWR), except school buses, must have lap/shoulder belts in all passenger positions. Unlike for school buses, which have other extensive occupant protection requirements called compartmentalization, prior to this amendment, there were no federal requirements in Canada for passenger protection for newly built, non-school buses having a GVWR above 4 536 kg.

Large buses

On November 25, 2013, the United States (U.S.) National Highway Traffic Safety Administration (NHTSA) published a final rule that requires lap and shoulder seat belts to be installed in all passenger seating positions on certain new buses. This seat belt requirement applies to “over-the-road” buses (a bus with an elevated passenger deck located above a baggage compartment) of any GVWR, as well as any bus over 11 793 kg GVWR, other than a perimeter-seating bus, transit bus, or school bus. The effective date of this final rule was November 28, 2016.

Medium buses

The NHTSA Final Rule excludes non over-the-road buses under 11 793 kg GVWR, as 88% of the U.S. bus fatalities resulted from collisions involving large intercity buses above this weight threshold. Therefore, in the United States, many medium-sized buses between 4 536 kg and 11 793 kg will not be required to have seat belts.

The NHTSA received several comments in favour of lowering the GVWR limit to 4 536 kg to include medium buses, due to their increasing use in intercity charter and tour bus applications and their similar design to large intercity buses. In the final rule, the NHTSA stated that expanding the rule-making to include medium buses would delay the final rule and the associated benefits for large intercity buses; it indicated that it may further consider the issue of mandatory installation of seat belts on medium buses in the future; however, to date no rule-making has been proposed.

School buses

School bus travel continues to be the safest means for transporting children to and from school. From 1999 to 2008, only an estimated 1% of all school-age child fatalities that occurred during normal school transportation were in school buses. The majority of child fatalities, 67%, occurred in light duty personal vehicle accidents. Statistics also show that children are over 16 times more likely to be killed walking to school when compared to taking a school bus.

This safety record is partially due to occupant protection features that have been required on school buses since the 1970s. School buses have unique roof strength, body joint strength and compartmentalization requirements. The compartmentalization, through requirements for high back padded seats that are closely spaced together, protects occupants without the need for seat belts.

The United States introduced mandatory installation requirement for seat belts in small school buses (under 4 536 kg) in the late 1970s. The original rule required lap/shoulder belts in positions next to the vehicle side structure but allowed lap-only seat belts in all in-board seating positions.

In the fall of 2008, the United States published a final rule mandating lap/shoulder seat belts in all seating positions of small school buses and introduced seat belt strength and installation requirements for the cases when lap-only or lap and shoulder seat belts are installed voluntarily in large school buses. These requirements include both seat belt anchorage attachment strength and belt webbing strength, to ensure they function properly in the event of a collision. The final rule also increased the seat back height from 508 mm to 610 mm above the seating reference point to increase the effectiveness of compartmentalization for taller occupants.

In the summer of 2011, the United States published a report on the implications of mandating the installation of seat belts on large school buses. School bus procurement budgets are limited and it was found that the increased cost of the mandatory installation of seat belts would result in fewer school bus purchases. This would lead to fewer children being transported in school buses, placing school children at greater risk of injury and fatality from the use of other modes of transportation.

Objectives

The objective of this amendment is to update sections 208, 210, and 222 of the Motor Vehicle Safety Regulations (MVSR) to address seat belts on various bus types with the aim of improving bus occupant safety and maintaining alignment with the United States where possible.

It is expected that seat belts will improve bus occupant safety in severe bus collisions, especially in rollovers. In addition, requirements for seat belts that are optionally installed on school buses ensure that lap-only seat belts cannot be installed and that all seat belts that are optionally installed are installed correctly.

Finally, this amendment aims to improve the clarity of the Regulations by correcting errors and removing redundancies, while also simplifying compliance by shortening labelling requirements.

Description

The amendment applies to manufacturers and importers of all types of bus. The amendment modifies sections 2, 2.4 and 9, and seven Canada Motor Vehicle Safety Standards (CMVSS) in Schedule IV (Parts III and IV) of the Motor Vehicle Safety Regulations.

The following requirements come into force upon publication in the Canada Gazette, Part II:

“One-for-One” Rule

The “One-for-One” Rule does not apply to this amendment, as there is no expected change in administrative costs to business.

Small business lens

The small business lens does not apply to this amendment, as there are no significant costs to small business.

Consultation

The Department of Transport (the Department) informs the automotive industry, public safety organizations, and the general public when changes are planned to the Motor Vehicle Safety Regulations. This is done, in part, through the quarterly distribution of Transport Canada’s Motor Vehicle Safety Regulatory Plan. This gives interested parties the opportunity to comment on the 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.

The Department also meets regularly with the federal authorities of other countries. Aligned regulations are central to trade and to a competitive Canadian automotive industry. The Department and the United States Department of Transportation hold semi-annual meetings to discuss issues of mutual importance and planned regulatory changes.

During the meeting of the Canadian Council of Motor Transport Administrators (CCMTA) in November 2012, Transport Canada presented information regarding the current status of bus safety in Canada. Transport Canada has afforded provincial and territorial stakeholders the opportunity to consult on potential concerns by continuing to update the CCMTA on work related to seat belts on buses in the fall of 2015 and with publication of the proposal in the Canada Gazette, Part I. No new comments or concerns have been received.

Motor Coach Canada (MCC), an association representing more than 200 motor coach tour operators and bus line operators, has advocated for motor coach seat belt requirements. In a letter dated December 10, 2013, MCC expressed the position that Transport Canada should implement requirements for seat belts on new motor coaches and other large buses, similar to those in the U.S. final rule, to improve bus safety, especially in rollover-type crashes. In July 2015, MCC expressed support for the proposal and specifically mentioned that mandatory seat belt requirements should be extended beyond motor coaches to include all buses, of any size, excluding transit and school buses.

Prepublication in the Canada Gazette, Part I

The proposal was published in the Canada Gazette, Part I, on March 18, 2017, followed by a 75-day comment period. Comments were received from 10 groups and individuals. The Department received comments from vehicle manufacturing associations, including the Global Automakers of Canada, the Canadian Vehicle Manufacturers’ Association, MCC and the BC Trucking Association, original equipment manufacturers, Blue Bird Corporation, HSM Transportation Solutions, Nova Bus and IC BUS LLC., the Ontario School Bus Association, and a supportive Canadian consumer.

There was broad support for the proposal across submissions. MCC expressed support and indicated that seat belts are already standard equipment on all new coaches from most major manufacturers, and mandatory installation of seat belts establishes the industry standard for seat belt design and installation, ensuring that equipment is appropriate and effective. HSM Transportation Solutions, a major supplier of seats to the commercial bus market and seats and seating components to the school bus seating market, expressed support for the proposal and highlighted its agreement with Transport Canada’s decision to mandate Type 2 lap/shoulder belts in commercial bus applications and to instruct that Type 2 lap/shoulder belts be the only available option in school buses.

Coming-into-force timing

A number of stakeholders expressed support for the proposal, but advocated for additional time for implementation, up to two years following publication in the Canada Gazette, Part II.

MCC expressed concern regarding provincial seat belt legislation provisions, which it believes present unreasonable liability for drivers. It requested a delay of the coming-into-force date to at least one year after publication in the Canada Gazette, Part II, for requirements mandating seat belts on motor coaches. This delay is meant to enable provinces to address the issues surrounding bus driver liability for unbelted minors, standing passengers, and child restraint systems. The BC Trucking Association (BCTA) is a member-based, non-profit, non-partisan advocacy organization and the recognized voice of the provincial motor carrier industry in British Columbia, including 30 motor coach fleets, comprising the vast majority of the private motor coach industry in British Columbia. BCTA is also a member of MCC. While the BCTA supports the regulatory amendment, it has highlighted its concerns regarding provincial legislation. Its position is consistent with that of MCC.

Blue Bird Corporation, a manufacturer of buses and school buses, IC Bus LLC., a subsidiary of Navistar, Inc., and a manufacturer of IC-branded school and commercial buses, and Nova Bus, an original equipment manufacturer that designs and manufactures transit buses, have requested a delay to complete and document the certification testing to ensure that all purchase orders in process will meet the regulations when they come into force. Blue Bird Corporation, IC Bus LLC. and Nova Bus have requested a compliance date of up to two years from the date of publication in the Canada Gazette, Part II, for requirements relating to the optional installation of seat belts on school buses and requirements mandating seat belts on buses.

Transport Canada recognizes the concerns facing stakeholders, and has introduced transitional provisions that will set the mandatory compliance date for requirement under section 2.4 and CMVSS 208, 210, and 222 in Schedule IV, Part III of the Motor Vehicle Safety Regulations as September 1, 2020. Compliance with the requirements applicable prior to the amendment will, however, be mandatory.

School bus occupant protection research

The Ontario School Bus Association (OSBA) indicated that, although it believes the amendments are a step in the right direction, Transport Canada should become more active with respect to school bus occupant protection research. It has indicated that although the responsibility to mandate seat belt use currently lies with provinces and territories, it is Transport Canada who must provide and publicize the data and context to ensure informed discussions and decisions can take place.

As previously discussed, school bus travel continues to be the safest means for transporting children to and from school. However, Transport Canada continues to monitor all school bus–related collisions. At this time, Transport Canada does not have plans to initiate a new work project to study school bus occupant protection.

Housekeeping amendment — seat belt warning systems

On behalf of their member companies, the CVMA, GAC and the Truck & Engine Manufacturers Association (EMA) provided comments regarding the proposal suggesting that Transport Canada take this opportunity to update the requirements to correct an unintentional misalignment between CMVSS 208 and FMVSS 208 for seat belt warning systems.

Transport Canada has modified TSD 208 to provide supporting information to clarify the application of section 7.3, ensuring consistent application of the seat belt warning system requirements in Canada and the United States.

Housekeeping amendment — Standing Joint Committee for the Scrutiny of Regulation issue

The Standing Joint Committee for the Scrutiny of Regulation (SJCSR) is a federal government committee mandated to ensure that delegated legislation, including regulations, orders, rules, by-laws and other instruments whose establishment and application are delegated to ministers, departments, agencies, boards or other authorities, is scrutinized on the basis of criteria related to legality and procedure to ensure that their provisions do not exceed the powers approved by Parliament. The Committee may scrutinize existing regulations and propose amendments, request an update as to progress on promised amendments and the related timelines or instruct on administrative procedures.

As part of its normal review, the SJCSR has requested that section (22)(a) of CMVSS 213.4 — Built-in Restraint Systems and Built-in Booster Seats be amended in order to clarify the requirement. Section (22)(a) of CMVSS 213.4, in part, requires that the printed instructions for a built-in restraint system or built-in booster seat include an explanation of the primary consequences of not following the warnings that must be affixed to the system or seat pursuant to section 213.4(19)(b) of Schedule IV. The warning required by subparagraph 213.4(19)(b)(i) is that “if the instructions on the use of the restraint system or booster seat are not followed, death or serious injury may occur.” The SJCSR has pointed out that requiring the “primary consequences” of not following the warning in subparagraph 213.4(19)(b)(i), which states that if the warnings are not followed death and serious injury may occur, is redundant.

Transport Canada is amending section (22)(a) of CMVSS 213.4 to require an explanation of the primary consequences of not following the warnings about snuggly adjusting the fit of the belts on the restraint, referred to in subparagraph (19)(b)(ii), or the instructions referred to in subsection (21) about the procedure for use of the restraint system, positioning the person in the restraint, and proper adjustment of the restraint system. By removing the reference to paragraph (19)(b)(i), the redundancy pointed out by the SJCSR will be addressed.

Housekeeping amendment — altered vehicle labels

The Department has also received a comment from industry indicating that the text required on a label in subparagraph 9(1)(c)(i) of the MVSR can be lengthy when combined with the name of a manufacturer (i.e. “THIS VEHICLE WAS ALTERED BY / CE VÉHICULE A ÉTÉ MODIFIÉ PAR” followed by the name of the company that altered the vehicle).

Transport Canada has modified the requirement in subparagraph 9(1)(c)(i) to provide the option for shorter text to be combined with the name of the manufacturer (i.e. “ALTERED BY / MODIFIÉ PAR” followed by the name of the company that altered the vehicle).

Housekeeping amendment — correction to regulatory text

The Department has been made aware of an error in the publication of CMVSS 226 entitled “Ejection mitigation.” This error is in the English version of the standard and numbers a section as 1(1) rather than 226(1) as in the correct French version.

Transport Canada corrected this error by renumbering the section in the English version of CMVSS 226 as 226(1) in this amendment.

Rationale

The amendment is expected to result in minimal cost increases and no increase in the regulatory burden, as manufacturers already provide the option of purchasing buses equipped with seat belts across the entire spectrum of bus types, and many impacted buses are already being equipped with seat belts on a voluntary basis. Without knowing the exact market penetration, Transport Canada assumes that anywhere from 25% to 75% of buses are already equipped with seat belts, and the overall cost to equip the remainder of the fleet is anticipated to be less than one million dollars per year.

The mandatory installation of lap/shoulder seat belts on medium and large buses will reduce the risk of ejection when rollovers occur, and it will provide improved passenger safety in other collision scenarios. Based on the average annual number of bus occupant fatalities from 2000 to 2009 (1.7 in rollovers and 0.6 in other collisions), and with estimated seat belt effectiveness levels from the NHTSA final rule (77% in rollovers, 36% in other types of collisions), it is estimated that the installation of seat belts on buses (voluntary and due to the amendment) could save an average of one to two lives per year.

The amendment also further aligns bus safety requirements in North America. Seat belt installation and testing requirements are closely aligned with current U.S. requirements.

Large buses

Bus line operators are already purchasing new buses equipped with seat belts. MCC has informed the Department that three-point seat belts are effectively standard equipment on all new motor coaches being purchased.

Medium buses

Collision investigations have shown that occupants of medium buses are at similar risk of ejection in rollovers as occupants of large intercity buses. Medium buses can have similar design features, such as coach-style seats and large windows, that provide a means for ejection during a rollover. The proposal would, by mandating seat belt installation on medium buses, help to mitigate the risk to occupants if a medium bus were to be involved in a rollover. Although the United States does not mandate seat belts on medium buses, the requirement is justified on safety grounds, and it is anticipated to result in minimal cost increases and no increase in the regulatory burden, as manufacturers already provide the option of purchasing buses equipped with seat belts across the entire spectrum of bus types.

School buses

Even though there was no seat belt installation standard for school buses in Canada, all school bus manufacturers already offered the option to equip school bus seats with seat belts that meet U.S. requirements. No new testing needs to be performed, as the amended Canadian installation requirements are harmonized with the U.S. requirements and only apply in the case of voluntarily installed seat belts.

In addition to aligning the seat belt testing requirements, this amendment aligns several other occupant protection requirements with FMVSS 222. The increased seat back height is already effectively standard equipment in Canada, as it is required by the CSA D-250 standard, School Buses, that was published in 2016. The proposed requirements for wheelchair anchorages only apply if they are installed on a school bus and all school bus manufacturers already provide optional equipment that meets the requirements.

Miscellaneous

Modifications to subsection 9(c)(i) provide an option for shorter text to be placed on the label required to indicate the name of the company that has altered a vehicle, which will avoid difficulties in fitting a lengthy phrase in English and French along with a potentially long company name in the limited space on a compliance label.

Other elements of the proposal are housekeeping in nature, improving the clarity of the Regulations with no substantive impact on regulated parties or other stakeholders.

Implementation, enforcement and service standards

Following the consultations to the prepublication in the Canada Gazette, Part I, the Department has added transitional provisions for section 2.4 and CMVSS 208, 210, and 222 in Schedule IV, Part III of the Motor Vehicle Safety Regulations, which provide the possibility to comply with the applicable requirements prior to the amendment until September 1, 2020. Vehicles manufactured prior to the coming-into-force date need not 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 company identifies a defect in a vehicle or equipment, it must issue a Notice of Defect to the owners, to any other prescribed persons 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.

Contact

Jessey Almeida
Junior Regulatory Development Engineer
Motor Vehicle Safety
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5
Email: jessey.almeida@tc.gc.ca