Canadian Motor Vehicle Safety Regulations Enforcement Within a Self-certification Regime

2. Canadian Motor Vehicle Safety Regulations Enforcement Within a Self-certification Regime Transport Canada Road Safety Directorate Presentation to 130th WP29, June 25, 2003

3. Transport CanadaRoad Safety Directorate • Mandate: • To reduce the risk of death, injury and damage to property and the environment caused by motor vehicles and motor vehicle equipment. • Authority: • Motor Vehicle Safety Act (MVSA). • Motor Vehicle Transport Act (MVTA).

4. Transport CanadaRoad Safety Directorate • Motor Vehicle Safety Act (MVSA). • Regulates the manufacture and importation of motor vehicles and motor vehicle equipment to reduce the risk of death, injury and damage to the environment. • Motor Vehicle Transport Act (MVTA). • Regulates the safe operation of extra-provincial bus and truck transport of passengers and goods from one province to another.

5. Motor Vehicle Safety Act (MVSA) Objectives: • To regulate and enforce manufacturing and importation requirements for motor vehicles and selected motor vehicle equipment. • To conduct research on the impact of vehicles, drivers and highways on road safety, energy consumption and the environment. • To promote measures that counter the negative consequences of motor vehicle use.

6. Motor Vehicle Safety Act (MVSA) • MVSA empowers Transport Canada to issue and enforce safety regulations for application to the manufacture and importation of prescribed classes of motor vehicles and motor vehicle equipment. • Motor vehicle safety regulations (MVSR). • Children’s restraint systems and booster cushions safety regulations (RSSR). • Motor vehicle tire safety regulations (MVTSR).

7. Motor Vehicle Safety Act (MVSA) Prescribed classes of motor vehicles include: • Bus. • Motorcycle and its sub-classes. • Multi-purpose Passenger Vehicle. • Passenger Car. • Snowmobile. • Snowmobile Cutter. • Trailer and Trailer converter dolly. • Truck. • Vehicle Imported Temporarily for Special Purposes. • Low Speed Vehicle. • Three-wheeled vehicles.

8. Motor Vehicle Safety Act (MVSA) Prescribed classes of equipment (original equipment and new aftermarket) include: • Child restraint systems. • Infant restraint systems. • Booster cushions. • Restraint systems for disabled persons. • Restraint systems for infants with special needs. • Tires for Passenger Cars. • Tires for Other than Passenger Cars.

9. Motor Vehicle Safety Act (MVSA) Certification of Compliance: • Manufacturers are required to certify compliance with all applicable regulations before offering their new vehicles or equipment for sale to the public.(“self-certification”). • Affixing of Compliance Label to a vehicle or equipment affirms compliance with applicable regulations.

10. Motor Vehicle Safety Act (MVSA) • Every vehicle entering the Canadian market must have a Compliance Label permanently affixed to it. • In addition, every vehicle and regulated equipment manufactured in Canada for the Canadian market must have an NSM permanently affixed to it.

11. Motor Vehicle Safety Act (MVSA) Compliance Label. • Contains required product information including vehicle identification number. National Safety Mark (NSM). • National trademark of Canada. • Minister of Transport authorizes use of NSM and company must make application to use it.

13. Self-certification by Manufacturers Substantiation: • A manufacturer’s compliance certification must be substantiated by records of testing, where testing is specified ……… • Testing can be conducted by manufacturer or on behalf of manufacturer. ----------------------------------------------------------- • ……... for the purposes of enabling an inspector to determine whether the vehicle or equipment conforms to all prescribed regulations.

14. Self-certification by Manufacturers Certification Documentation: • Records of testing, where specified, as specified, is the minimum acceptable in law. • Production and Quality Assurance procedures and records. • Other records in support: • Engineering analysis, mathematical modelling, computer simulations recognized as valuable in development cycle.

15. Self-certification by Manufacturers Certification Documentation: Engineering analysis etc.are acceptable as: • A supplement to baseline (specified) testing to rationalize scope and range. • If reasonable. • If practicable. • However, they are not a surrogate for specified tests.

16. Enforcement Through Selective Compliance Monitoring Designated inspectors administer and enforce regulations to ensure; • Manufacturers are meeting their responsibilities under the MVSA. • Vehicles and equipment conform to applicable safety performance and fitment requirements, as prescribed. -------------------------------------------------------- • By means of Selective Compliance Monitoring.

17. Enforcement Through Selective Compliance Monitoring • Selective compliance monitoring is a safety enforcement programme, targeting and assessing both company and product performance to the applicable provisions of the MVSA and MVSR, underpinned by the Criminal Code of Canada. • It is not a consumer information programme rating individual products.

18. Enforcement Through Selective Compliance Monitoring • Transport Canada does not certify, approve rate or endorse any motor vehicle or motor vehicle product. • The presence of a particular vehicle or equipment model in our enforcement programme cannot be construed as either a concern or an endorsement by Transport Canada.

19. Enforcement Through Selective Compliance Monitoring • Enforcement Stratagem: • Direct energies towards ensuring correction of non-compliances or safety-related defects, not on punitive action. • Educate small manufacturers/importers and public on regulatory requirements. • Adjust surveillance levels depending on safety risk. • Apply administrative sanctions first (NSM authorization revocation, customs interdiction and detention, removal of registration plates through Provinces, etc). • Search and seize in support of prosecution as necessary.

20. Enforcement through Selective Compliance Monitoring Independent surveillance programmes comprise: • Compliance enforcement testing: • A selective sampling of new vehicles and regulated equipment purchased on the retail market. • Compliance certification audits and inspections: • A selective sampling of representative test records, and on-site inspections of test and production facilities, and QC procedures. • Defect Investigation and Analysis: • A responsive programme assessing public complaints, accident and defect reports, and recall initiatives.

21. Selective Compliance Monitoring. Which Vehicle ? Which Test? What Company? What Info? • Random Sampling. • Statistical Sampling. • Selective Sampling.

22. Selective Compliance Monitoring Selection Matrix Criteria: • Sales/market size. • Prior history. • Transport Canada. • U.S. NHTSA. • Accident/defect investigations. • Public complaints. • New model/new technologies. • New company. • Product knowledge.

23. Selective Compliance Monitoring Targeted Enforcement: • Based on selection matrix criteria and other external factors. Responsive Enforcement; • Based on compliance enforcement testing, audit or inspection issues.

24. Selective Compliance Monitoring Enforcement Outcome: • A failure to meet prescribed requirements may be deemed to be a non-compliance and a safety-related defect subject to the Notice of Defect reporting provisions.

25. Motor Vehicle Safety Act (MVSA) Notice of Defect Provisions. • On becoming aware of a defect in the design, construction or functioning of a vehicle or regulated equipment that affects or is likely to affect the safety of any person, the company responsible for this product must give prescribed notification to: • The Minister. • The person who has obtained such vehicle or equipment from the company. • The current owner of record.

26. Motor Vehicle Safety Act (MVSA) Notice of Defect Provisions. • Required Notice of Defect shall contain: • Description of defect. • An evaluation of the safety risk arising from the defect. • Directions for correcting it. Note: • While a product recall is not mandatory, market pressures and public liability laws would suggest corrective action is prudent after public notification of defect.

27. Enforcement Through Selective Compliance Monitoring The regulated motor vehicle industry in Canada: • 3500+ Companies manufacture or import vehicles or equipment subject to MVSA. • 200+ Vehicle model line variants manufactured or imported for the Canadian market each year. • 1.6 million new vehicles sold in Canada each year. (95% from 24 major automotive firms). • 40k private vehicle importations into Canada.

28. Transport CanadaRoad Safety Directorate