O. Reg. 114/08: Safety Inspections

filed May 2, 2008 under Highway Traffic Act, R.S.O. 1990, c. H.8

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ontario regulation 114/08

made under the

highway traffic act

Made: April 30, 2008
Filed: May 2, 2008
Published on e-Laws: May 5, 2008
Printed in The Ontario Gazette: May 17, 2008

Amending Reg. 611 of R.R.O. 1990

(Safety Inspections)

1. Section 1 of Regulation 611 of the Revised Regulations of Ontario, 1990 is amended by adding the following definition:

“motor tricycle” means a motorcycle that,

(a) is designed to travel on three wheels in contact with the ground,

(b) has seating on which all occupants must sit astride,

(d) has a manufacturer’s gross vehicle weight rating of 1,000 kilograms or less,

(e) has a minimum wheel rim diameter of 250 millimetres,

(f) has a minimum wheel base of 1,016 millimetres, and

(g) does not have a structure partially or fully enclosing the driver and passenger, other than that part of the vehicle forward of the driver’s torso and the seat backrest;

2. Section 5 of the Regulation is revoked and the following substituted:

5. A safety standards certificate shall not be issued in respect of a motorcycle, other than a motorcycle with two front wheels, unless the motorcycle has been inspected in accordance with the inspection requirements and complies with the performance standards in Schedule 6.

3. The Regulation is amended by adding the following sections:

5.1 A safety standards certificate shall not be issued in respect of a motorcycle with two front wheels, unless it is a motor tricycle that has been inspected in accordance with the inspection requirements and complies with the performance standards in Schedule 6.1.

5.2 For the purpose of determining the number of wheels on the front of a motorcycle referred to in sections 5 and 5.1, two wheels are considered to be one wheel if they are mounted on the same axle and the distance between the centres of their areas of contact with the ground is less than 460 millimetres.

4. (1) The heading to Schedule 6 to the Regulation is revoked and the following substituted:

SCHEDULE 6
INSPECTION REQUIREMENTS AND PERFORMANCE STANDARDS FOR MOTORCYCLES EXCEPT MOTORCYCLES WITH TWO FRONT WHEELS

(2) Section 1 of Schedule 6 to the Regulation is amended by adding the following subsections:

(1.1) A motor tricycle shall not have more seating positions than it had when originally manufactured.

(1.2) A motor tricycle originally manufactured for sale in Canada shall not have more than two seating positions unless the motor tricycle,

(a) was originally manufactured with more than two seating positions; and

(b) bears the manufacturer’s compliance label issued under section 6 of the Motor Vehicle Safety Regulations (Canada) specifying the type of vehicle as “TRI” for motor tricycle.

(1.3) An imported motor tricycle shall not have more than two seating positions unless the motor tricycle,

(a) was originally manufactured as a motor tricycle with more than two seating positions; and

(b) bears a compliance label or other label to prove conformity as provided for in section 12 of the Motor Vehicle Safety Regulations (Canada).

(3) Subsections 1 (7) and (8) of Schedule 6 to the Regulation are revoked and the following substituted:

(7) No guard, where originally fitted, that protects against contact with the chain, belt or other moving drive component shall be missing or insecurely mounted.

(8) The chain, belt or driven sprocket shall not be excessively worn, frayed or loose and no fasteners in connection with those parts shall be missing, loose, cut or damaged.

(4) Section 1 of Schedule 6 to the Regulation is amended by adding the following subsection:

(9.1) A motor tricycle shall meet the requirements of clauses (9) (a) and (b) and shall be fitted with at least two mirrors that conform to the requirements set out in Canada Motor Vehicle Safety Standard 111 under the Motor Vehicle Safety Regulations (Canada).

5. (1) Section 2 of Schedule 6 to the Regulation is amended by adding the following subsections:

(4.1) A motorcycle shall be equipped with two independently actuated service brake systems, one applying at least the front wheel brakes and the other applying at least the rear wheel brakes, unless the motorcycle was manufactured solely with a split-service brake system, within the meaning of Canada Motor Vehicle Safety Standard 122 of the Motor Vehicle Safety Regulations (Canada), and the split-service brake system,

(a) met the requirements of that Standard at the time it was manufactured;

(b) has a single actuator; and

. . . . .

(5.1) In the case of a motor tricycle originally equipped with an anti-lock type braking system, there shall be no indication of malfunction of the system, including those parts of the system designed to advise the rider of system status or to warn of a malfunction.

(2) Section 2 of Schedule 6 to the Regulation is amended by adding the following subsection:

(7.1) Every motor tricycle shall have a parking brake.

(3) Subsection 2 (10) of Schedule 6 to the Regulation is amended,

(a) by striking out “(o)” in the portion before clause (a) and substituting “(p”); and

(b) by striking out “and” at the end of clause (n), by adding “and” at the end of clause (o) and by adding the following clause:

(p) in the case of a motor tricycle originally equipped with wheel speed sensors or similar devices, no wheel speed sensor or similar device shall be missing, excessively worn or damaged.

6. Subsection 3 (1) of Schedule 6 to the Regulation is amended by striking out “and” at the end of clause (b), by adding “and” at the end of clause (c) and by adding the following clause:

(d) in the case of a motor tricycle originally fitted with an electronic stability control system, such system shall not be missing and there shall be no indication of a malfunction in the system.

7. Section 6 of Schedule 6 to the Regulation is amended by adding the following subsections:

(4) In addition to the lights and reflectors required to be inspected under this section, a motor tricycle shall be equipped with,

(a) two white or amber parking lamps or reflectors facing forward placed at the widest part of the vehicle, as far apart as practical, to indicate width; and

(b) two red reflectors facing rearwards placed at the widest part of the vehicle, as far apart as practical, to indicate width.

(5) The lamps and reflectors referred to in clauses (4) (a) and (b) shall be inspected and tested in accordance with subsection (1).

(6) Section 8 of Schedule 6.1, rather than this section, applies to a motor tricycle bearing a manufacturer’s compliance label issued under section 6 of the Motor Vehicle Safety Regulations (Canada) specifying the type of vehicle as “TRI” for motor tricycle.

8. The Regulation is amended by adding the following Schedule:

SCHEDULE 6.1
INSPECTION REQUIREMENTS AND PERFORMANCE STANDARDS FOR MOTOR TRICYCLES WITH TWO FRONT WHEELS

ADOPTION OF FEDERAL STANDARDS

1. (1) A motor tricycle originally manufactured for sale in Canada shall bear the manufacturer’s compliance label issued under section 6 of the Motor Vehicle Safety Regulations (Canada) specifying the type of vehicle as “TRI” for motor tricycle.

(2) An imported motor tricycle shall have been originally manufactured as a motor tricycle and shall bear a compliance label or other label to prove conformity as provided for in section 12 of the Motor Vehicle Safety Regulations (Canada).

(3) A motor tricycle referred to in subsections (1) and (2) shall not be modified so that it no longer complies with the regulatory standards that applied to it at the time it was manufactured or imported.

BODY WORK

2. (1) The motor tricycle shall have,

(a) securely mounted and operative footrests at each rider position;

(b) where they were originally installed, securely mounted fenders and mudguards;

(d) no more seating positions than it had when originally manufactured; and

(e) every component thereof securely mounted and not interfering with the safe operation of the motor tricycle.

(2) No part of the motor tricycle shall have a broken, bent or sharp edge that protrudes in such a way as to constitute a hazard to persons or vehicles.

(3) Every compartment door or cover shall,

(a) be securely attached;

(b) function properly; and

(4) No frame member shall, on a visual inspection, appear bent or cracked or have loose or missing connecting fasteners that may degrade the safety of the vehicle or jeopardize its handling characteristics.

(5) Where a frame component has been repaired, it shall have been repaired in a proper manner.

(6) No guard, where originally fitted, that protects against contact with the chain, belt or other moving drive component shall be missing or insecurely mounted.

(7) The chain, belt or driven sprocket shall not be excessively worn, frayed or loose and no fasteners in connection with those parts shall be missing, loose, cut or damaged.

(8) The motor tricycle shall be fitted with at least two mirrors that conform to the requirements set out in Canada Motor Vehicle Safety Standard 111 under the Motor Vehicle Safety Regulations (Canada) and,

(a) each mirror shall be securely mounted and maintain a set adjustment; and

(b) no mirror shall be cracked, broken or have any significant reduction in reflecting surface owing to deterioration of the silvering.

(9) Where the motor tricycle is fitted with a windshield,

(a) the windshield shall be secure in its attachment to the vehicle;

(b) the windshield shall not be crazed, clouded, fogged or damaged, so as to materially impair the operator’s vision;

(d) no material that obstructs the operator’s view of the highway or an intersecting highway shall be fitted on the windshield.

(10) The fuel system shall have,

(a) all required mountings and attachments secured;

(b) all required filler caps secured;

(d) fuel lines properly routed so as to not pose a potential safety hazard.

(11) The exhaust pipe, muffler and tail pipe shall be complete and securely mounted.

(12) No component of the exhaust system shall be so located as to cause charring or other heat damage to any wiring, fuel line, brake line or combustible material of the motor tricycle.

BRAKES

3. (1) No hydraulic hose or tube shall be abraded, restricted, crimped, cracked, broken or be so located as to chafe against any part of the motor tricycle or have damaged or missing clamps or supports.

(2) No hydraulic hose, tube, valve, switch or fitting shall show any indication of leakage.

(3) The hydraulic brake fluid level in any reservoir shall not be below the minimum level specified by the manufacturer or, where no specification is available, no master cylinder shall be less than one-half full.

(4) A motorcycle shall be equipped with two independently actuated service brake systems, one applying at least the front wheel brakes and the other applying at least the rear wheel brakes, unless the motorcycle was manufactured solely with a split-service brake system, within the meaning of Canada Motor Vehicle Safety Standard 122 of the Motor Vehicle Safety Regulations (Canada), and the split-service brake system,

(a) met the requirements of that Standard at the time it was manufactured;

(b) has a single actuator; and

(5) In the case of a motor tricycle equipped with hydraulic service brakes,

(a) the hydraulic master cylinder push rods shall be properly adjusted;

(b) each service brake pedal or lever shall be capable of sustaining the application of,

(i) moderate force for 10 seconds without moving towards the applied position, and

(ii) heavy force without travelling more than 80 per cent of its available travel; and

(c) on a vehicle equipped with a split service brake system, there shall be a red brake failure indicator light that shall,

(i) activate when the ignition switch is turned from the “OFF” to the “ON” position and deactivate when the engine is started, or

(ii) activate when the ignition switch is turned from the “OFF” to the “START” position and deactivate when the switch is turned to the “ON” position.

(6) All mechanical components of the service and parking brake systems that are external to the wheel shall have no mechanical part misaligned, insecure, excessively worn, broken, binding, seized, missing, frayed or disconnected.

(7) If originally equipped with an anti-lock type braking system, there shall be no indication of malfunction of the system, including those parts of the system designed to advise the rider of system status or to warn of a malfunction.

(8) When moderate force is applied to a brake control, the travel shall not exceed 80 per cent of its available travel.

(9) With the service brakes properly adjusted, the service brake system shall be tested by stopping the motor tricycle on a substantially level, dry, smooth, paved surface free from loose material and, from a rate of speed of not less than 30 kilometres per hour, with heavy pedal or, where applicable, heavy pedal and lever control force,

(a) the motorcycle shall come to a complete stop within 5.8 metres;

(b) no component shall fail; and

(10) Every motor tricycle shall have a parking brake and, when properly adjusted, the parking brake shall be tested by fully applying the control and then releasing it and,

(a) the brake, while set in the fully applied position and not held by foot or hand force, shall hold the motor tricycle stationary against the engine at a light throttle setting for a few seconds both in low forward gear and in reverse; and

(b) the brake shall fully release when the release control is operated.

(11) Each wheel on which a brake assembly operates shall be rotated and, while rotating, the brake shall be applied, and if there is an audible or visible indication that a defect may exist that cannot be rectified except by removal of the brake drum or other component, that drum or component shall be removed.

(12) In respect of a foundation brake assembly, where a brake drum or component has been removed under subsection (11) and, in all other instances where the matters set out in clauses (a) to (q) can be determined without demounting a wheel,

(a) no mechanical or structural part of the assembly shall be misaligned, badly worn, excessively scored, cracked, broken, binding, seized, disconnected or insecure;

(b) no grease retainer shall be missing or leaking;

(d) no riveted lining surface shall be closer to the rivet head than the dimension specified by the vehicle manufacturer and in no case shall it be less than 0.8 millimetres;

(e) no lining of a disc brake assembly shall be worn to the extent that a wear indicator is in contact with the rotor;

(f) no brake lining shall be broken or loose on its pad or shoe;

(g) no brake lining shall show evidence of contamination that would affect braking performance;

(h) no hydraulic brake cylinder shall show evidence of leakage;

(i) no hydraulic brake piston shall fail to move when moderate pressure is applied to the brake control;

(j) all brakes shall be adjusted for minimum lining-to-drum clearance without brake drag;

(k) no inside diameter of a drum shall be greater than the dimension stamped on the drum, or where the dimension is not stamped on the drum, the vehicle manufacturer’s wear limit;

(l) no thickness of a rotor shall be less than the dimension stamped on the rotor, or where the dimension is not stamped on the rotor, the motorcycle manufacturer’s wear limit;

(m) no ventilated disc shall have broken or visibly cracked cooling fins;

(n) no drum or rotor shall have any external crack or cracks on the friction surface, other than normal heat-check cracks, that reach the edge of the drum bore or periphery of the disc;

(o) no drum or rotor shall have any mechanical damage to the friction surface, other than that attributable to normal wear;

(p) in the case of a motor tricycle originally fitted with wheel speed sensors or similar devices, no wheel speed sensor or similar device shall be missing, excessively worn or damaged; and

(q) none of the original components of the foundation brake system shall have been removed, modified or replaced such that their effectiveness is reduced.

(13) None of the original controls of the brake system, including the anti-lock brake controls, shall have been removed, modified or replaced so that their effectiveness is reduced.

engine controls and steering

4. (1) The complete throttle control system shall be inspected and tested while the engine is running and the motor tricycle is stationary with the transmission in neutral and,

(a) the engine speed shall drop to idle when a spring return throttle control is released;

(b) the motor tricycle shall be equipped with a supplemental engine stopping device and the engine shall stop and remain stopped when the control is actuated;

(d) if originally fitted with an electronic stability control system, such system shall not be missing and there shall be no indication of a malfunction in the system.

(2) In the case of power boosted steering, the power steering drive belt, reservoir fluid level, all electrical components of an electric power system and system operation shall be inspected and,

(a) the power steering drive belt shall not be missing, cut, frayed or excessively worn, and shall have correct tension;

(b) the fluid in the power steering reservoir shall not be lower than the minimum level specified by the vehicle manufacturer; and

(i) shall operate as intended, and

(ii) the hydraulic system shall not show excessive fluid leakage.

(3) The steering column, other steering components and the handlebars shall be inspected and tested and,

(a) the steering column, other steering components and handlebars shall not be loose in their mountings to the body and frame;

(b) no bolt or nut shall be loose or missing from a mounting;

(d) if fitted, the steering column energy absorbing section shall not be visibly damaged so as to reduce its effectiveness; and

(e) no part of the handlebar shall exceed a height of 380 millimetres above the uppermost portion of the operator’s seat when the seat is depressed by the weight of the operator.

(4) Front wheel alignment shall be inspected while all wheels are on the ground and the front wheels in the straight ahead position, and they shall not be visibly out of alignment.

(5) The steering mechanism shall be tested for freedom of movement with the front wheels on the ground in the straight ahead position and, where a vehicle is equipped with power boosted steering, with the engine operating, and there shall be no free movement of the handlebars or the steering wheel rim without the front wheels moving, except to the extent permitted by the manufacturer’s specifications.

(6) The steering linkage joints shall be examined and there shall not be excessive play in any steering linkage joint.

(7) The steering mechanism shall be tested for freedom of movement with the front wheels on the ground and, where a vehicle is equipped with power boosted steering, with the engine operating, and the front wheels shall turn from full right to full left and back again without interference or indication of roughness in the mechanism.

(8) The steering linkage shall be inspected and tested for wear, damage, and maladjustment while the front wheels are off the ground and the vehicle is supported so that the steering linkage assumes its normal attitude and,

(a) without movement of the opposite wheel, no front wheel shall have play about a vertical axis of,

(i) six millimetres for a tire diameter designation of sixteen or less,

(ii) nine millimetres for a tire diameter designation that is larger than sixteen but not larger than eighteen, or

(iii) twelve millimetres for a tire diameter designation that is larger than eighteen, as measured at the extreme front or rear of the tire tread face;

(b) no part of the steering linkage system shall be damaged, repaired or modified so as to visibly weaken the linkage system or affect the proper steering of the vehicle; and

suspension

5. (1) Inner control arm pivots, king pins, wheel and axle bearings, and ball joints, other than wear indicating ball joints, shall be inspected for wear and damage while the wheels of the vehicle are off the ground so that the suspension joints are not under load and,

(a) no non-load carrying ball joint shall show any perceptible play other than that specified by the manufacturer;

(b) no load-carrying ball joint shall have play in excess of that specified by the vehicle manufacturer;

(i) six millimetres for a tire diameter designation of sixteen or less,

(ii) nine millimetres for a tire diameter designation that is larger than sixteen but not larger than eighteen, or

(iii) twelve millimetres for a tire diameter designation that is larger than eighteen, as measured at the extreme top or bottom of the tire tread face; and

(d) no control arm inner pivot shall have excessive play.

(2) Wear-indicating ball joints shall be inspected under load with the wheels on the ground, and no excessive wear shall be indicated.

(3) Components of a strut suspension system shall be inspected for wear and damage with the front wheels off the ground and the vehicle supported so that the suspension assumes its normal attitude, and no front wheel shall have a rocking play about a horizontal axis in excess of five millimetres as measured at the extreme top or bottom of the tire tread face.

(4) Front and rear springs, shackles, U-bolts, centrebolts, radius rods, control arms, shock-absorbers, equalizers, stabilizers, their supports and attachments thereto shall be inspected, and none shall be loose, bent, cracked, broken, disconnected, perforated by corrosion or missing.

(5) The rear wheel shall be inspected for alignment and it shall not be tracking improperly so as to adversely affect control of the vehicle.

(6) The air suspension system, if fitted, shall be inspected and tested with air in the suspension system at normal operating pressure and,

(a) no leakage shall occur; and

(b) the vehicle body and chassis frame shall be supported clear of all axles and shall appear to be level.

wheels and tires

6. (1) Each tire shall be inspected for depth of tread, tread and sidewall defects, regrooving, proper size and application, and

(a) no tire shall be worn to the extent that in any major groove at three equally spaced intervals around the circumference of the tire,

(i) the tread wear indicators contact the road, or

(ii) less than 1.5 millimetres of tread depth remains;

(b) no tire shall have exposed cord;

(d) no tire shall have any abnormal visible bump, bulge or knot;

(e) no tire shall have been regrooved or recut below the original new tire groove depth;

(f) no tire shall be of a smaller size than the motor tricycle manufacturer’s specified minimum size or be sufficiently oversized as to contact any vehicle component so as to affect the safe operation of the vehicle; and

(g) no vehicle shall be fitted with a tire that,

(i) bears the wording “not for highway use”, “farm use only”, “competition circuit use only” or any other wording or lettering indicating that the tire was not designed for highway use, or

(ii) bears the letters “SL”, “NHS” or “TG” after the tire designation; and

(h) no vehicle shall be fitted with a tire that is not intended for operation on a motor tricycle.

(2) Wheel bearings shall be tested by rotating each wheel and no wheel bearing shall,

(a) give any indication of excessive wear or damage; or

(b) be maladjusted so as to result in excessive play or binding.

(3) No wheel assembly fastener shall be loose, missing, damaged, broken, mismatched or have insufficient thread engagement.

(4) No wheel shall have any visible crack, elongated bolt hole, indication of repair by welding, or be so bent or damaged as to affect the safe operation of the motorcycle.

(5) No wheel spoke shall be missing, broken or visibly loose.

electrical

7. (1) The horn shall be secure on its mounting and shall function as intended.

(2) The neutral safety starting switch, if originally fitted, shall not have been removed and shall function as prescribed by the manufacturer and the neutral indicator light shall operate only in neutral.

(3) The speedometer and odometer shall be tested by driving the vehicle and both shall be in good working order.

(4) The voltage of the battery and the charging system shall be tested and shall be within the manufacturer’s specifications.

lighting

8. (1) The motor tricycle shall be equipped at a minimum with,

(a) one headlamp on the front;

(b) two red tail lamps on the rear;

(d) one white licence plate lamp on the rear;

(e) two amber or white parking lamps on the front;

(f) one red reflex reflector on the rear, one red reflex reflector on each side toward the rear and one amber reflex reflector on each side toward the front; and

(g) one amber turn signal lamp at or near the front on each side and one red or amber turn signal lamp at or near the rear on each side.

(2) The lamps and reflectors referred to in subsection (1) shall meet the standards set out in Canada Motor Vehicle Safety Standard 108 under the Motor Vehicle Safety Regulations (Canada).

(3) In addition to the lamps and reflectors required under subsection (1), the motor tricycle shall be equipped with two red reflectors facing rearwards placed at the widest part of the vehicle, as far apart as practical, to indicate width.

(4) All lamps and reflectors required under subsection (1) or (3) shall be inspected, and,

(a) each circuit shall light the filaments or elements of all lamps on the circuit when the appropriate switch is in the “ON” position, and each indicator lamp shall indicate correctly;

(b) the operation of any lighting circuit shall not interfere with the operation of any other circuit;

(c) each lens and reflex reflector shall be correctly installed and shall not be discoloured or missing in whole or in part;

(d) each lamp and reflector shall be securely mounted on the vehicle and none shall be missing;

(e) the turn signal lamps and the flasher unit shall operate properly;

(f) the brake light shall operate when the appropriate control is actuated;

(g) no headlamp shall be coated or covered with a coloured material except as permitted under section 4.1 of Regulation 596 of the Revised Regulations of Ontario, 1990 (General) made under the Act;

(h) no headlamp shall be modified so that the effective area of the lens or brightness of the light is reduced;

(i) each headlamp shutter or retracting headlamp shall operate over the full range of movement or shall be secured in the fully open position; and

(j) no lens or lamp assembly shall bear markings that indicate “not for highway use” or a similar meaning.

(5) The headlamp, tail lamp, licence plate lamp and clearance lamps on a motor tricycle shall be continuously illuminated when the engine is operating and each forward gear is engaged.

(6) The headlamp and dimmer switch shall be inspected and tested and, on a level surface after any noticeably deflated tires have been properly inflated, the headlamp alignment of the upper beam shall be inspected with a person seated on the operator’s seat and the front forks in the straight ahead position and,

(a) the headlamp shall be secure and the lens shall not be cracked or broken;

(b) the dimmer switch shall be operative; and

(i) not more than 100 millimetres above nor more than 100 millimetres below the horizontal centre-line of the lamp, and

(ii) not more than 200 millimetres to the left nor more than 200 millimetres to the right of the vertical centre-line of the lamp, as measured on a screen placed eight metres in front of the lamp or by means of a headlamp testing machine.

(7) In the case of a motor tricycle originally fitted with instrument panel high beam and turn signal indicator lamps and lamps that illuminate gauges, such lamps shall be tested and shall operate properly.

9. This Regulation comes into force on the day it is filed.

O. Reg. 114/08: Safety Inspections

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