Memorandum of Understanding (MOU) on Side Impact Protection

The purpose of this MOU between Transport Canada and «COMPANY» (the manufacturer) is to set out the general terms and conditions with regard to side-impact protection applicable to passenger cars, multipurpose passenger vehicles, trucks and buses with a gross vehicle weight rating of 2,722 kg (6,000 lb.) or less, except for walk-in vans and certain other special purpose vehicles.

This non-regulatory program, while considered acceptable to both parties concerned, does not preclude the Government from introducing new side-impact protection regulations under the authority of the Motor Vehicle Safety Act. The Government's regulatory process will provide the opportunity for input, comment, lead time and fair notice.

Principles:

The parties to this MOU recognize and acknowledge:

• the integrated nature of the motor vehicle manufacturing industry and the commitment of Transport Canada and the motor vehicle manufacturing industry to work towards the world-wide harmonization of side-impact crash protection standards; and
   
• the need to ensure that harmonization of side-impact standards is achieved in a manner consistent with the principle that the level of protection afforded vehicle occupants potentially affected by this agreement is maintained or improved.

Agreement:

In recognition of these principles, both parties understand and mutually agree that:

• with the exception of walk-in vans and certain other special purpose vehicles, all passenger cars, multipurpose passenger vehicles, trucks and buses with a gross vehicle weight rating of 2,722 kg (6,000 lb.) or less, built during or after the 2002 model year, will, at the choice of the manufacturer, meet the requirements of either the U.S. Federal Motor Vehicle Safety Standard 214, "Side Impact Protection," or United Nations ECE Regulation No. 95, "Uniform Provisions Concerning Approval of Vehicles With Regard to the Protection of the Occupants in the Event of a Lateral Collision"; and
   
• vehicles, (as above), meeting the requirements of United Nations ECE Regulation No. 95 will maintain or, where possible, improve rear seat occupant side-impact protection; and
   
• for vehicles in which it is intended to incorporate side air bag systems, future side air bag systems will be designed according to the "Recommended Procedures for Evaluating Occupant Injury Risk from Deploying Side Airbags" (the recommended procedures) dated July, 2003, using the injury reference values, cited in said document (available at http://www.iihs.org/ratings/protocols/pdf/twg_final_procedures.pdf), as the criteria. These design efforts will begin as soon as feasible. At the very latest, future systems designed according to these procedures will be integrated into vehicle programs with design commitment or "design freeze" dates occurring approximately 18 months after the date of execution of this MOU; and
   
• upon request, the manufacturer will identify to Transport Canada each new model vehicle equipped with side air bag systems designed according to the above noted recommended procedures; and
   
• upon request, the manufacturer will provide to Transport Canada, data demonstrating, on a case by case basis, that future side air bag systems introduced into commerce have been designed according to the recommended procedures using the injury reference values as the performance criteria.

This MOU shall remain in effect until both parties mutually agree that such an understanding is no longer desirable.

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