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

Canadian Motor Vehicle Safety

Regulations Enforcement Within

a Self-certification Regime

Transport CanadaTransport CanadaRoad Safety DirectorateRoad Safety DirectoratePresentation to 130Presentation to 130thth WP29, June 25, 2003WP29, June 25, 2003

33

Mandate:Mandate:To reduce the risk of death, injury and To reduce the risk of death, injury and

damage to property and the environment damage to property and the environment caused by motor vehicles and motor caused by motor vehicles and motor vehicle equipment.vehicle equipment.

Authority:Authority:Motor Vehicle Safety Act (MVSA).Motor Vehicle Safety Act (MVSA).Motor Vehicle Transport Act (MVTA).Motor Vehicle Transport Act (MVTA).

Transport CanadaTransport CanadaRoad Safety DirectorateRoad Safety Directorate

44


Motor Vehicle Safety Act (MVSA).Motor Vehicle Safety Act (MVSA).Regulates the manufacture and importation of motor Regulates the manufacture and importation of motor

vehicles and motor vehicle equipment to reduce the vehicles and motor vehicle equipment to reduce the risk of death, injury and damage to the environment.risk of death, injury and damage to the environment.

Motor Vehicle Transport Act (MVTA).Motor Vehicle Transport Act (MVTA).Regulates the safe operation of extra-provincial bus Regulates the safe operation of extra-provincial bus

and truck transport of passengers and goods from and truck transport of passengers and goods from one province to another.one province to another.

55

Motor Vehicle Safety Act (MVSA)Motor Vehicle Safety Act (MVSA)

Objectives:Objectives: To regulate To regulate and enforce manufacturing and and enforce manufacturing and

importation requirements for motor vehicles and importation requirements for motor vehicles and selected motor vehicle equipment.selected motor vehicle equipment.

To conduct research on the impact of vehicles, To conduct research on the impact of vehicles, drivers and highways on road safety, energy drivers and highways on road safety, energy consumption and the environment.consumption and the environment.

To promote measures that counter the negative To promote measures that counter the negative consequences of motor vehicle use.consequences of motor vehicle use.

66


MVSA empowers Transport Canada to issue MVSA empowers Transport Canada to issue and enforce safety regulations for application and enforce safety regulations for application to the manufacture and importation of to the manufacture and importation of prescribed classes of motor vehicles and prescribed classes of motor vehicles and motor vehicle equipment.motor vehicle equipment.Motor vehicle safety regulations (MVSR).Motor vehicle safety regulations (MVSR).Children’s restraint systems and boosterChildren’s restraint systems and booster

cushions safety regulations (RSSR).cushions safety regulations (RSSR).Motor vehicle tire safety regulations (MVTSR).Motor vehicle tire safety regulations (MVTSR).

77


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

88


Prescribed classes of equipment (original Prescribed classes of equipment (original equipment and new aftermarket) include:equipment and new aftermarket) include:

Child restraint systems.Child restraint systems. Infant restraint systems.Infant restraint systems. Booster cushions.Booster cushions. Restraint systems for disabled persons.Restraint systems for disabled persons. Restraint systems for infants with special needs.Restraint systems for infants with special needs. Tires for Passenger Cars.Tires for Passenger Cars. Tires for Other than Passenger Cars.Tires for Other than Passenger Cars.

99


Certification of Compliance:Certification of Compliance:Manufacturers are required to certify Manufacturers are required to certify

compliance with all applicable regulations compliance with all applicable regulations before offering their new vehicles or before offering their new vehicles or equipment for sale to the public.equipment for sale to the public.(“(“self-certificationself-certification”).”).

Affixing of Compliance Label to a vehicle Affixing of Compliance Label to a vehicle or equipment affirms compliance with or equipment affirms compliance with applicable regulations.applicable regulations.

1010


Every vehicle entering the Canadian Every vehicle entering the Canadian market must have a Compliance Label market must have a Compliance Label permanently affixed to it.permanently affixed to it.

In addition, every vehicle and regulated In addition, every vehicle and regulated equipment equipment manufactured in Canada for manufactured in Canada for the Canadian marketthe Canadian market must have an must have an NSM permanently affixed to it.NSM permanently affixed to it.

1111


Compliance Label.Compliance Label.Contains required product information Contains required product information

including vehicle identification number.including vehicle identification number.

National Safety Mark (NSM).National Safety Mark (NSM).National trademark of Canada.National trademark of Canada.Minister of Transport authorizes use of Minister of Transport authorizes use of

NSM and company must make application NSM and company must make application to use it.to use it.

1212

1313

Self-certification by ManufacturersSelf-certification by Manufacturers

Substantiation:Substantiation:A manufacturer’s compliance certification A manufacturer’s compliance certification

must be substantiated by must be substantiated by records of records of testingtesting, where testing is specified ………, where testing is specified ………

Testing can be conducted by manufacturer Testing can be conducted by manufacturer or on behalf of manufacturer.or on behalf of manufacturer.

----------------------------------------------------------------------------------------------------------------------

…………... for the purposes of enabling an ... for the purposes of enabling an inspector to determine whether the vehicle inspector to determine whether the vehicle or equipment conforms to or equipment conforms to allall prescribed prescribed regulations.regulations.

1414


Certification Documentation:Certification Documentation:Records of testing, where specified, as Records of testing, where specified, as

specified, is the minimum acceptable in law.specified, is the minimum acceptable in law.Production and Quality Production and Quality Assurance Assurance

procedures and records.procedures and records.Other records in support:Other records in support:

Engineering analysis, mathematical Engineering analysis, mathematical modemodellling, computer simulations ling, computer simulations recognized as valuable in development recognized as valuable in development cycle.cycle.

1515


CertificationCertification Documentation Documentation::Engineering analysis Engineering analysis etc.etc. are acceptable as:are acceptable as:A A supplement to baseline (specified) testing to supplement to baseline (specified) testing to

rationalize scope and range.rationalize scope and range.If reasonable.If reasonable.If practicable.If practicable.

However, they are notHowever, they are not a surrogate for specified a surrogate for specified tests.tests.

1616

Enforcement Through Selective Enforcement Through Selective Compliance MonitoringCompliance Monitoring

Designated inspectors administer and enforce Designated inspectors administer and enforce regulations to ensure;regulations to ensure;

ManufacturersManufacturers are meeting their responsibilities are meeting their responsibilities under the MVSA.under the MVSA.

Vehicles and equipmentVehicles and equipment conform to applicable conform to applicable safety performance and fitment requirements, as safety performance and fitment requirements, as prescribed. prescribed.

----------------------------------------------------------------------------------------------------------------By means of Selective Compliance Monitoring.By means of Selective Compliance Monitoring.

1717


Selective compliance monitoring Selective compliance monitoring is a safety enforcement is a safety enforcement programme, targeting and programme, targeting and assessing both company and assessing both company and product performance to the product performance to the applicable provisions of the applicable provisions of the MVSA and MVSR, underpinned MVSA and MVSR, underpinned by the Criminal Code of Canada.by the Criminal Code of Canada.

It is not a consumer information It is not a consumer information programme rating individual programme rating individual products.products.

1818


Transport Canada does not certify, approve rate or endorse Transport Canada does not certify, approve rate or endorse any motor vehicle or motor vehicle product.any motor vehicle or motor vehicle product.

The presence of a particular vehicle or equipment model in The presence of a particular vehicle or equipment model in our enforcement programme cannot be construed as either our enforcement programme cannot be construed as either a concern or an endorsement by Transport Canada.a concern or an endorsement by Transport Canada.

1919


Enforcement StratagemEnforcement Stratagem::Direct energies towards ensuring correction of non-Direct energies towards ensuring correction of non-

compliances or safety-related defects, not on punitive compliances or safety-related defects, not on punitive action.action.

Educate small manufacturers/importers and public on Educate small manufacturers/importers and public on regulatory requirements. regulatory requirements.

Adjust surveillance levels depending on safety risk.Adjust surveillance levels depending on safety risk.Apply administrative sanctions first (NSM authorization Apply administrative sanctions first (NSM authorization

revocation, customs interdiction and detention, revocation, customs interdiction and detention, removal of registration plates through Provinces, etc).removal of registration plates through Provinces, etc).

Search and seize in support of prosecution as Search and seize in support of prosecution as necessary. necessary.

2020

Enforcement through Selective Enforcement through Selective Compliance MonitoringCompliance Monitoring

Independent surveillance programmes comprise:Independent surveillance programmes comprise: Compliance enforcement testing:Compliance enforcement testing:

A selective sampling of new vehicles and regulated A selective sampling of new vehicles and regulated equipment purchased on the retail market. equipment purchased on the retail market.

Compliance certification audits and inspections:Compliance certification audits and inspections:A selective sampling of representative test records, A selective sampling of representative test records,

and on-site inspections of test and production and on-site inspections of test and production facilities, and QC procedures.facilities, and QC procedures.

Defect Investigation and Analysis:Defect Investigation and Analysis:A responsive programme assessing public A responsive programme assessing public

complaints, accident and defect reports, and recall complaints, accident and defect reports, and recall initiatives.initiatives.

2121

Selective Compliance Monitoring.Selective Compliance Monitoring.

Which Vehicle ? Which Test?Which Vehicle ? Which Test?

What Company? What Info?What Company? What Info?

XRandom Sampling.Random Sampling.

XStatistical Sampling.Statistical Sampling.

Selective Sampling.Selective Sampling.

2222

Selective Compliance MonitoringSelective Compliance MonitoringSelection Matrix CriteriaSelection Matrix Criteria::Sales/market size.Sales/market size.Prior history.Prior history.

Transport Canada.Transport Canada.U.S. NHTSA.U.S. NHTSA.

Accident/defect Accident/defect investigations.investigations.

Public complaints.Public complaints.New model/new New model/new

technologies.technologies.New company.New company.Product knowledge.Product knowledge.

2323

Selective Compliance MonitoringSelective Compliance Monitoring

Targeted EnforcementTargeted Enforcement:: Based on selection matrix criteria and Based on selection matrix criteria and

other other external factors.external factors.

ResponsiveResponsive Enforcement; Enforcement; Based on Based on compliance enforcement compliance enforcement

testingtesting, audit or inspection , audit or inspection issues.issues.

2424

Selective Compliance MonitoringSelective Compliance Monitoring

Enforcement Outcome: Enforcement Outcome: A failure to meet prescribed A failure to meet prescribed

requirements may be deemed to be a requirements may be deemed to be a non-compliance and a safety-related non-compliance and a safety-related defect subject to the Notice of Defect defect subject to the Notice of Defect reporting provisions.reporting provisions.

2525


Notice of Defect Provisions.Notice of Defect Provisions.On becoming aware of a defect in the design, On becoming aware of a defect in the design,

construction or functioning of a vehicle or construction or functioning of a vehicle or regulated equipment that affects or is likely to regulated equipment that affects or is likely to affect the safety of any person, the company affect the safety of any person, the company responsible for this product must give prescribed responsible for this product must give prescribed notification to:notification to:The Minister.The Minister.The person who has obtained such vehicle or The person who has obtained such vehicle or

equipment from the company.equipment from the company.The current owner of record.The current owner of record.

2626


Notice of Defect Provisions.Notice of Defect Provisions. Required Notice of Defect shall contain:Required Notice of Defect shall contain:

Description of defect.Description of defect.An evaluation of the safety risk arising from the An evaluation of the safety risk arising from the

defect.defect.Directions for correcting it.Directions for correcting it.

Note:Note:While a product recall is not mandatory, market While a product recall is not mandatory, market

pressures and public liability laws would suggest pressures and public liability laws would suggest corrective action is prudent after public notification of corrective action is prudent after public notification of defect.defect.

2727


The regulated motor vehicle industry in Canada:The regulated motor vehicle industry in Canada:3500+ Companies 3500+ Companies manufacture or import manufacture or import

vehicles or equipment subject to MVSAvehicles or equipment subject to MVSA. . 200+ Vehicle model line variants manufactured 200+ Vehicle model line variants manufactured

or imported for imported for the Canadian market each year.or the Canadian market each year.11..66 million million new new vehiclevehicles sold in Canada each s sold in Canada each

year.year. ( (995% from 25% from 244 major automotive major automotive firms). firms). 4040k private vehicle importations into Canada.k private vehicle importations into Canada.

2828


Date post:	01-Jan-2016
Category:	Documents
Upload:	hope-gibbs
View:	35 times
Download:	0 times

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

Documents