Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 108 and 108.1): SOR/2018-43

Canada Gazette, Part II: Volume 152, Number 6

Registration

March 7, 2018

MOTOR VEHICLE SAFETY ACT

P.C. 2018-205 March 6, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to subsections 5(1)footnote a and 11(1)footnote b of the Motor Vehicle Safety Act footnote c, makes the annexed Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 108 and 108.1).

Regulations Amending the Motor Vehicle Safety Regulations (Interpretation and Standards 108 and 108.1)

Amendments

1 (1) The definitions H-V axis, headlamp assembly, optically combined lamps and sealed beam headlamp in subsection 2(1) of the Motor Vehicle Safety Regulations footnote 1 are repealed.

(2) The definitions daytime running lamp, headlamp and overall width in subsection 2(1) of the Regulations are replaced by the following:

daytime running lamp means a lamp that produces a steady-burning light signal intended to improve the visibility of a vehicle from the front and the front sides; (feu de jour)

headlamp means a lighting device that produces an upper beam, a lower beam, or both; (projecteur)

overall width means, except in sections 104 and 108 of Schedule IV, the widest part of a vehicle with the doors and windows closed and the wheels in the straight-ahead position, exclusive of signal lamps, marker lamps, outside rearview mirrors, flexible fender extensions and mud flaps; (largeur hors tout)

(3) Subsection 2(1) of the Regulations is amended by adding the following in alphabetical order:

lower beam means a beam that is intended to illuminate the road and its environs ahead of a vehicle when the vehicle is meeting or closely following another vehicle; (faisceau de croisement)

reflex reflector means a device on a vehicle that is intended to indicate the position and dimensions of the vehicle to the driver of an approaching vehicle using light reflected from the lamps of the approaching vehicle; (cataphote)

upper beam means a beam that is intended primarily for distance illumination ahead of a vehicle when the vehicle is not meeting or closely following another vehicle; (faisceau de route)

2 The portion of item 108 of Schedule III to the Regulations in column II is replaced by the following:

Amendment

Column I

Item (CMVSS)

Column II

Description

108

Lighting Systems and Reflective Devices

3 Item 108.1 of Schedule III to the Regulations is repealed.

4 The headings before section 108 and sections 108 and 108.1 of Part II of Schedule IV to the Regulations are replaced by the following:

Lighting Systems and Reflective Devices (Standard 108)

Passenger Cars, Multi-purpose Passenger Vehicles, Trucks, Trailers and Buses

108 (1) Every passenger car, multi-purpose passenger vehicle, truck, trailer and bus shall conform to Technical Standards Document No. 108, Lamps, Reflective Devices, and Associated Equipment (TSD 108), as amended from time to time.

Three-wheeled Vehicles

(2) Every three-wheeled vehicle shall be equipped with lamps, reflex reflectors and associated components as required under subsection (1) for passenger cars, and

Alternative Lamps for Passenger Cars, Three-wheeled Vehicles, Multi-purpose Passenger Vehicles, Trucks and Buses

(3) Subject to subsection (4), instead of being equipped with headlamps as required under subsection (1) or (2), as the case may be, passenger cars, three-wheeled vehicles, multi-purpose passenger vehicles, trucks and buses may be equipped with adaptive driving beam lamps that conform to SAE Recommended Practice J3069, Adaptive Driving Beam (June 2016), except that the lamps shall not be capable of activation or deactivation by pedal.

(4) If the adaptive driving beam is formed by the entirety or a portion of an upper beam or lower beam, or both, the lamps shall also conform to TSD 108, except that despite S10.18, horizontal aim adjustment is allowed.

(5) Instead of being equipped with headlamps as required under subsection (1) or (2), as the case may be, passenger cars, three-wheeled vehicles, multi-purpose passenger vehicles, trucks and buses may be equipped with headlamps that

(6) Instead of being equipped with headlamps in accordance with subsection (1) or (2), as the case may be, passenger cars, three-wheeled vehicles, multi-purpose passenger vehicles, trucks and buses may be equipped with headlamps that conform to United Nations Regulation No. 123, Uniform Provisions Concerning the Approval of Adaptive Front-lighting Systems (AFS) for Motor Vehicles, as amended from time to time.

(7) The headlamps referred to in subsection (6) shall

(8) For the purposes of subsections (5) and (6), the following requirements of the United Nations Regulations referred to in those subsections do not apply:

(9) For the purposes of subsection (6) and subparagraph (7)(a)(i), United Nations Regulations Nos. 48 and 123 are considered to be applicable to three-wheeled vehicles, despite any provision to the contrary in those Regulations.

Motorcycles Other than Motor Tricycles

(10) Every motorcycle other than a motor tricycle shall conform to TSD 108, except that

Motor Tricycles

(11) Every motor tricycle shall conform to TSD 108, except that

(12) In addition to being equipped with reflex reflectors and lamps as specified in S6.1 and Table I-c of TSD 108, a motor tricycle shall be

Alternative Headlamps for Motorcycles

(13) Instead of being equipped with headlamps as required under subsection (10) or (11), as the case may be, motorcycles may be equipped with headlamps that

(14) For the purposes of subsection (13), the following requirements of the United Nations Regulations referred to in that subsection do not apply:

Restricted-use Motorcycles

(15) Every restricted-use motorcycle shall be equipped with reflex reflectors as required under subsection (10) for motorcycles other than motor tricycles.

Additional Requirements for the Activation of Certain Lamps

(16) In addition to being activated as specified in Table I-a of TSD 108, parking lamps, tail lamps, licence plate lamps and side marker lamps on a passenger car, multi-purpose passenger vehicle, three-wheeled vehicle, truck or bus shall be activated

(17) Except when it is used to give intermittent luminous warnings at short intervals, the upper beam may be activated only when the master light switch is in the “headlamps on” position or in the “AUTO” (automatic) position and the conditions for automatic activation of the lower beam exist.

(18) Despite S6.1.5 and Table I-a of TSD 108, the tail lamps may be activated without the concurrent activation of the headlamps or parking lamps, if the daytime running lamps are activated.

(19) Beginning on September 1, 2021, if the fuel level indicator, oil pressure indicator, engine coolant temperature indicator, battery charging indicator, transmission control position indicator or speedometer indicator or their identifications are illuminated when the daytime running lights of a vehicle are in use,

(20) For the purposes of paragraph (19)(a), the ambient light outside a vehicle shall be measured on a horizontal surface, with a cosine corrected sensor at the same height as the mounting position of the ambient light sensor on the vehicle.

Fog Lamps and Forward Auxiliary Road Illumination Lamps — Aiming Adjustment Mechanism

(21) Every passenger car, multi-purpose passenger vehicle, three-wheeled vehicle, motor tricycle, truck and bus equipped with a front fog lamp or forward auxiliary road illumination lamp shall be equipped with a mechanism for that lamp that

Information

(22) There shall be provided, in the owner’s manual, with every passenger car, multi-purpose passenger vehicle, truck and bus, the information required by TSD 108 in relation to the safe operation of the lighting systems and reflective devices of the vehicle.

(23) There shall be provided, in the owner’s manual, with every three-wheeled vehicle, information relating to the safe operation of the lighting systems and reflective devices of the vehicle that is the same as the information required by TSD 108 in relation to passenger cars.

(24) Except for the words “sealed beam” referred to in S6.5.3.3.1 of TSD 108 and the word “motorcycle” referred to in S10.17.2 of TSD 108, any information required under this section to be marked on a passenger car, multi-purpose passenger vehicle, three-wheeled vehicle, motorcycle, restricted-use motorcycle, trailer, truck or bus shall be in English and French.

Daytime Running Lamps

(25) Subsections (26) to (30) apply to passenger cars, multi-purpose passenger vehicles, trucks, buses and three-wheeled vehicles.

(26) Every vehicle shall be equipped with daytime running lamps

(27) Despite section 6.4 of SAE Standard J2087, the light from a daytime running lamp shall be

Switching — Daytime Running Lamps

(28) Subject to subsections (29) and (30), the daytime running lamps on a vehicle shall be activated not later than when the vehicle is set in motion under its own power and shall remain activated until the motors or engines used for the vehicle’s propulsion are switched off and as a result the vehicle enters a mode of operation other than “accessory” or “on” .

(29) The daytime running lamps on a vehicle shall

(30) The daytime running lamps on a vehicle may be

Motorcycle Running Lamps

(31) The following lamps on a motorcycle shall be activated not later than when the motorcycle is set in motion under its own power and shall remain activated until the motorcycle’s main electrical system is turned off or until the motorcycle is put in the “accessory” mode of operation:

TSD 108

(32) For the purposes of this section, “equipment” in TSD 108 shall be read as “component” .

United Nations Regulations

(33) For the purposes of this section,

SAE

(34) For the purposes of section 7.3.1 of SAE Standard J2087 and section 5.2.5.1 of SAE Standard J583, “should” shall be interpreted as expressing an obligation.

Transitional Provision

(35) Despite subsections (1) to (34), a vehicle may, until August 31, 2019, conform to the requirements of this section that are applicable to a lighting system or reflective device, as they read immediately before the day on which this subsection comes into force.

Coming into Force

5 Thee 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

The current Canadian regulation regarding vehicle lighting is out of date and is no longer in alignment with the corresponding United States regulation. Moreover, as Canada was the first country in the world to require daytime running lights, the 25-year-old provisions regarding this feature need to be updated to reflect the evolution in motor vehicle technology and better align the requirements with United States and international standards.

Background

Section 108 of the Motor Vehicle Safety Regulations (the Canadian safety standard) regarding lighting and light signalling devices incorporates by reference Technical Standard Document 108, which reproduces United States Federal Motor Vehicle Safety Standard 108 (the United States safety standard) on the same subject. In addition to these aligned requirements, the current Canadian safety standard includes specific provisions for Canadian-unique classes of vehicles, including three-wheeled vehicles and motor tricycles.

The United States safety standard was updated and revised and thus is no longer the same as the version incorporated into the Canadian safety standard. The goal of the United States past revision was to improve the organization of the standard without significantly changing the requirements. Nevertheless, the new United States safety standard is significantly different from its predecessor. It includes new text that represents legal interpretations of the previous regulatory provisions, and many sections of the referenced North American industry standards, developed by the Society of Automotive Engineers (SAE), have been incorporated into the regulatory text.

Canada’s policy is to pursue motor vehicle regulations that are aligned with the United States to reduce trade barriers within North America. To this end, the United States National Highway Traffic Safety Administration (NHTSA) and Transport Canada have been cooperating in finding ways to prevent or reduce regulatory barriers while recognizing each country’s right to address specific safety needs, pursuant to the commitments under the Regulatory Cooperation Council.

Objectives

This amendment will enhance safety for Canadian road users by introducing specific requirements regarding the installation, performance and switching of lighting systems, thus providing improved conspicuity for three-wheeled vehicles and motor tricycles. This amendment will also enhance the level of alignment with the revised United States safety standard. Updating the Canadian requirements will reinforce alignment of the majority of the lighting requirements with the United States safety standard and the North American industry standards developed by the SAE. This amendment will address vehicles that are frequently operated at dusk, in tunnels, or under bad weather conditions, without their headlamps, tail lamps and side marker lamps activated. Finally, this amendment introduces new technology allowances based on stakeholder comments.

Description

Amendments are being made to sections 2 and 108 of the Motor Vehicle Safety Regulations. This amendment will remove certain definitions from Section 2 of the Motor Vehicle Safety Regulations as they are defined in the Technical Standard Document 108. Other definitions are added in respect of expressions used in the text of the amended section 108. Section 108.1, “Alternative Requirements for Headlamps,” is being repealed as the requirements have been placed into the Canadian safety standard 108. The regulation incorporates by reference the new Technical Standard Document 108 that reproduces the latest United States safety standard, with adaptations where necessary to reflect specific Canadian requirements.

As fog lamps are designed to be used in case of decreased visibility caused by fog or other airborne obstruction (such as dust, rain or snow), the Canadian safety standard will continue to be aligned with the United Nations Regulations and will require activation of tail lamps, parking lamps, licence plate lamps and side marker lamps when front or rear fog lamps are activated by the driver. This increases vehicle conspicuity intended to help prevent collisions under adverse weather conditions when fog lamps may be in use. Moreover, Section 108 will continue to require that front fog lamps and auxiliary road illumination devices be vertically adjustable to allow proper aiming.

The amendment also aligns with the United States safety standard prohibition against using front fog lamps to provide daytime running light requirements. As front fog lamps do not provide light above the horizontal level of the lamp, they may not draw sufficient attention to the vehicle in traffic during daytime operation. As some manufacturers have noted that they presently use front fog lamps as daytime running lights on certain vehicle models, manufacturers will have until September 1, 2020, to redesign their vehicle lighting systems to meet the new requirements.

With regard to fog lamps, this amendment includes the mandatory deactivation of daytime running lamps when front fog lamps are switched on. Daytime running lights project light upward, causing feedback glare to the driver when driving in fog.

This amendment will clarify current requirements regarding lighting and light signalling devices installed on motor tricycles and three-wheeled vehicles. The current Canadian safety standard requires that these vehicles be equipped with specified lighting and light signalling devices arranged in the same way as these devices would be installed on a passenger vehicle. The intent has been to help ensure that the width of a motor tricycle or a three-wheeled vehicle is clearly marked and recognizable by drivers approaching from the front or rear. This amendment will add the requirement for certain motor tricycles and three-wheeled vehicles to have additional reflex reflectors to clearly identify their overall width.

With regard to motorcycles and the vertical arrangement of upper and lower beam headlamps, this amendment will remove the requirement of mounting the headlamp upper beam below the lower beam. This will permit motorcycle manufacturers to install the lower beam closer to the road to reduce glare to other drivers and to mount upper beams higher for better road illumination. Moreover, the amendment will allow motorcycle manufacturers to use dedicated daytime running lamps instead of mandatory daytime use of a headlamp. Use of a dedicated daytime running lamp may provide better visibility of a motorcycle during daylight conditions.

This amendment addresses a safety concern that has been voiced by the Canadian public and international government experts, that vehicles are frequently operated at dusk, in tunnels, or under bad weather conditions, without their headlamps, tail lamps and side marker lamps activated. This situation is a result of an increasing number of vehicles being equipped with instrument panels (dashboards) that are illuminated at all times. Drivers, seeing an illuminated instrument panel, assume that the other lights of the vehicle are also switched on. Consequently, this amendment includes the requirement for vehicles equipped with an instrument panel that is illuminated whenever the vehicle is in operation, to have the tail lamps activated together with the daytime running lamps or to have headlamps, tail lamps and side marker lamps to automatically activate under specified low ambient light conditions. Alternatively, vehicles designed with an instrument panel that is not illuminated unless the headlamps, tail lamps and side marker lamps are switched on, do not need to meet this requirement.

To allow new technology light sources to provide a daytime running light function, the present requirement describing voltage manipulation to allow incandescent bulbs to provide a reduced intensity lower beam is replaced with lamp performance requirements. Moreover, this amendment will allow manufacturers to use daytime running lamps conforming to the new SAE Recommended Practice J2087, reflecting the same requirements as the United States standard and the United Nations Regulation.

In addition, in response to requests from stakeholders, vehicle manufacturers will be allowed to provide a manual switch for deactivation of daytime running lights for up to a maximum of 100 metres of vehicle travel or until the vehicle exceeds a speed of 10 kilometres per hour. After the 100 metres of travel or exceeding a speed of 10 kilometres per hour, the daytime running lights will automatically reactivate. These options will permit individuals, such as police officers, to switch daytime running lights off when parked or travelling for a short distance.

As part of this amendment, the current section 108.1 of the Motor Vehicle Safety Regulations is amalgamated with the updated section 108. Section 108.1 currently allows the use of headlamp systems conforming to the United Nations Regulations as an alternative to the headlamps required by the Canadian safety standard. The content of the current provisions of section 108.1 has been revised and moved to the new Canadian safety standard 108.

Finally, the current regulation for lighting systems does not accommodate advanced lighting technologies. This is being addressed by including the option to install lighting systems meeting the 2016 SAE Recommend Practice J3069, lighting standard for Adaptive Driving Beam (ADB), or meeting the United Nations Regulation No. 123 for Adaptive Front-lighting Systems (AFS).

Since the introduction of lighting regulations, headlamps have been required to have two levels of intensity, namely a lower beam designed to prevent glare and an upper beam designed for extended visibility when no other traffic is present and thus the produced glare would not be an issue. With advanced vehicle designs, it is now possible for lighting systems to adapt automatically to the traffic around, cutting out that part of the upper beam that would produce glare while providing the driver additional light to see other road users. ADB is able to provide active control of the vehicle headlamps with the intention to place the light where it is needed to provide added visibility for the driver, such as to see pedestrians, cyclists, or other objects that may be to the right-hand side of the vehicle. AFS is designed to provide road illumination in relation to vehicle speed, weather conditions, ambient light, road geometry and prevailing surroundings (e.g. city, suburban, country, divided or undivided highways, etc.). Under most conditions, ADB and AFS are not expected to increase glare for other drivers or riders.

“One-for-One” Rule

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

Small business lens

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

Consultation

Transport Canada officials participate in meetings with industry technical committees. In the case of vehicle lighting and light signalling issues, Transport Canada meets with the Lighting Committee of the Society of Automotive Engineers. Standards and recommended practices developed by this group are often referred to, or adopted into the text of government regulations.

In addition, Transport Canada meets regularly with the federal authorities of other countries. Transport Canada and the United States Department of Transportation hold semi-annual meetings to discuss problems of mutual interest and planned regulatory changes. Moreover, Transport Canada officials participate in and support the development of Global Technical Regulations which are developed by the Working Parties formed under the auspices of the United Nations World Forum for the Harmonization of Vehicle Regulations.

With regard to this specific amendment, numerous meetings were held with vehicle manufacturers and their representative organizations where the details of the planned changes to the regulatory requirements were discussed. Furthermore, several discussion drafts of the proposed regulatory amendments were distributed to industry associations. Specifically, Transport Canada held teleconferences and several face-to-face meetings with the Truck Manufacturers Association, the Canadian Vehicle Manufacturers’ Association, the Motorcycle and Moped Industry Council, and the Global Automakers of Canada.

The proposed regulation was published in the Canada Gazette, Part I, on February 27, 2016, followed by a 75-day comment period. A total of 37 comments were received. The Department received comments from three vehicle manufacturing associations including the Global Automakers of Canada, the Canadian Vehicle Manufacturers’ Association, and the Motorcycle & Moped Industry Council. A parts manufacturer, Koito Manufacturing, vehicle retail dealerships from across Canada, the Transport Safety Equipment Institute, Consumers’ Association of Canada, Daniel Stern Lighting, and the Canadian Automobile Association, along with 12 concerned Canadian consumers also commented on the proposal.

Following a review of the comments, there were several minor updates required to the proposal. These updates included revising the mandatory compliance date to be September 1, 2019, with two exceptions. Manufacturers will have until September 1, 2020, to redesign any vehicle that currently has fog lamps and DRL simultaneously illuminated and until September 1, 2021, to redesign their vehicles to have either dark dashboards, automatic lighting systems or DRL tail lamps.

In addition, the requirement for the tools used when aiming the fog lamps was revised. The existing regulation does not permit the use of tools to remove covers which may be protecting the aiming devices. This requirement has been revised to allow the use of tools, which are defined as “ordinarily available tools,” to be used to remove any protective covers. The current regulation permits these same “ordinarily available tools” to be used to adjust the lamp aiming devices. Ordinarily available tools would include such tools as Philips, Robertson and flat head screw drivers, while not permitting speciality tools available only through the vehicle dealer or speciality tool stores.

In response to stakeholders’ requests, the Canada Gazette, Part I, regulatory text proposed that a manual switch could be installed on a vehicle for the deactivation of the daytime running lights up to a maximum of 100 metres of vehicle travel. After the Canada Gazette, Part I, publication, the Department received further comments on this matter; it was requested that a speed limit also be included. Following the United Nations Regulation No. 48 limit of 10 kilometres per hour, a new alternative for the deactivation of the daytime running lights has been added to the regulatory text.

Finally, the requirement for automatic activation of lighting systems was updated to allow manufacturers the decision of when to deactivate the headlamps. This will allow manufacturers to leave the headlamps illuminated in cases when the wipers are activated and it will provide additional flexibility of how long they may want to wait before deactivation of the headlamps.

The remaining changes to the proposed wording were to help add clarity to the final requirements so that compliance concerns are less likely to arise.

In the proposal, Transport Canada asked for input on the inclusion of advanced lighting systems within the updated lighting regulation. The majority of the comments received fully supported the inclusion of the optional allowance for ADB lighting systems, meeting the SAE Recommended Practice J3069. In addition, consensus was reached with the vehicle manufacturers about the optional allowance for AFS lighting systems, meeting the United Nations Regulation No. 123, with additional requirements. These additional requirements include the installation of a mandatory automatic levelling system, as well as a decreased maximum intensity of the system above a mounting height of 850 millimetres. In the case that the mounting height exceeds 850 millimetres, the maximum intensity of the AFS system cannot exceed the intensity requirements under TSD 108 for upper beam headlamps. The mounting height limit is based on the recommendation of the SAE Technical Report J2584, Headlamp Mounting Height for Passenger and Pickup Truck Vehicles. Below a mounting height of 850 millimetres, the AFS system can meet the full intensity permissible under the United Nations Regulation No. 123.

Rationale

This regulatory initiative is intended to improve road safety in Canada. The Canadian safety standard will continue to refer to the Technical Standard Document which substantially reproduces the United States safety standard. It will also continue the current allowance for alternative vehicle headlamps conforming to the United Nations Regulations.

This amendment includes new requirements to help ensure an appropriate level of vehicle lighting when ambient light levels are low; specifically, it comprises the requirement for vehicles operating with their instrument panels illuminated at all times to have their tail lamps activated together with daytime running lights or to have their headlamps, tail lamps and side marker lamps automatically activated under low ambient light conditions. The alternative is to have a dark instrument panel that would signal to the driver that the headlamps, tail lamps and side marker lamps are not illuminated. This requirement is important as many drivers are now operating their vehicle in low ambient light conditions with no tail lamps, no side marker lights and with reduced front visibility created by lower intensity daytime running lamps. Many Canadians have written to the Government noting this concern.

This amendment maintains the requirement for daytime running lights. The daytime running light provisions are updated to be aligned with the voluntary North American industry standard and are fully compatible with the requirements of the United States safety standard. International trade is further supported, as the new requirements regarding daytime running lights, fog lamp and headlamp switching and the continued allowance for alternative conventional headlamp systems, can help facilitate the importation of vehicles conforming to United Nations Regulations.

Finally, allowing flexibility in motorcycle headlamp design and allowing the use of dedicated daytime running lights in lieu of headlamps may have a positive impact on the safety of motorcycle riders. The new requirement for better identification of three-wheeled vehicles and motor tricycles may enhance their visibility and consequently improve safety on Canadian roads. Also the added allowance of ADB and AFS may provide added safety for drivers and for other road users who are in the vicinity of the vehicle. As the United States does not currently permit, by regulation, new lighting technologies, ADB and/or AFS may need to be disabled or potentially retrofitted if a Canadian vehicle, having these lighting technologies, is to be imported into the United States. Such potential modification would cease to be a concern if the United States was to permit these new lighting technologies in the future.

Implementation, enforcement and service standards

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, it 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.

These amendments come into force on publication in the Canada Gazette, Part II. Until September 1, 2019, a vehicle may comply with the previous version of the Regulations with two exceptions. The two exceptions, the requirements for the deactivation of DRL when fog lamps are used come into force on September 1, 2020, and the requirement for vehicles with illuminated dashboards comes into force on September 1, 2021.

Contact

Marie Williams-Davignon
Regulatory Development Engineer
Motor Vehicle Safety Directorate
Transport Canada
330 Sparks Street
Ottawa, Ontario
K1A 0N5