Transport Canada Road Safety Directorate

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

• Transport Canada
• Road Safety Directorate
• Presentation to 130th WP29, June 25, 2003

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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).

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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.

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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.

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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).
• Childrens restraint systems and booster
• cushions safety regulations (RSSR).
• Motor vehicle tire safety regulations (MVTSR).

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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.

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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.

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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.

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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.

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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.

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Self-certification by Manufacturers

• Substantiation
• A manufacturers 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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Selective Compliance Monitoring.

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

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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.

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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.

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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.

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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.

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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.

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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.

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Transport CanadaRoad Safety Directorate
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