Notice
The Minister of Transport has made a preliminary determination that it may be necessary in the interest of safety to order Absolute Styling Limousine Ltd to issue a notice of non-compliance (recall) related to two 2022 Mercedes-Benz Sprinters originally sold by Mercedes-Benz as incomplete vehicles. These vehicles were manufactured by Absolute Styling Limousine Ltd in 2023 in a way that doesn’t comply with the requirements of the Motor Vehicle Safety Act (Act).
This notice explains events leading to today’s action, details Transport Canada’s authority to make this determination, and invites the public to submit comments or other information the Minister should consider when making a final decision.
If the Minister’s final decision is to proceed with the order, Absolute Styling Limousine Ltd will be required to formally notify the Minister, the current owners of the vehicles and, if any, the prescribed persons (dealers/distributors) by describing:
- why the vehicles don’t comply
- the related safety risks, and
- the measures Absolute Styling Limousine Ltd will take to correct the non-compliance, in accordance with the requirements of the Act and Motor Vehicle Safety Regulations (regulations)
Background
In May of 2023, the owner of 2 Mercedes-Benz Sprinter vehicles manufactured by Absolute Styling Limousine Ltd reported concerns about the seats and seatbelts to Transport Canada.
In June of 2023, Transport Canada inspected the 2 vehicles. Transport Canada’s inspection and review of available information found that Absolute Styling Limousine Ltd:
- applied Transport Canada’s National Safety Mark to the vehicles and labels that identified Absolute Styling Limousine Ltd. as the final stage manufacturer
- added 14 passenger seats to each vehicle
- reduced the vehicles’ Gross Vehicle Weight Rating (GVWR) from 5003 kg to 4003 kg
Transport Canada found several non-compliances during the inspection.
Absolute Styling Limousine Ltd. applied labelling that does not meet the requirements of the Motor Vehicle Safety Regulations. The company:
- applied labels that identify the vehicles as multi-purpose passenger vehicles (MPV). Transport Canada’s regulations define an MPV as seating 10 or less. As the modified vehicles can seat 16, they are considered buses
- applied new vehicle labels with tire inflation pressure values that aren’t equivalent when comparing metric and imperial units
- applied new vehicle labels that aren’t permanently attached to the vehicle, and
- one of the vehicles also included an incorrect vehicle identification number (VIN)
The company failed to identify emergency exits and to include required identification and operation labels, which is required by Canada Motor Vehicle Safety Standard 217 - Bus Window Retention, Release and Emergency Exits.
By reducing the vehicles’ GVWR, the vehicles do not comply with the requirements in section 5.2 of the Motor Vehicle Safety Regulations. When calculated according to the regulations, the sum of the unloaded vehicle mass, cargo carrying capacity, and occupant mass exceeds the revised GVWR.
Under the Act, a company cannot affix a National Safety Mark to a vehicle unless the vehicle complies with the Motor Vehicle Safety Regulations and all applicable Canada Motor Vehicle Safety Standards.
The Act also requires any company that learns of a non-compliance with their vehicles to notify Transport Canada and all affected owners through a Notice of Non-Compliance (commonly known as a recall).
Transport Canada repeatedly informed the company of these findings. At present, Absolute Styling Limousine Ltd has not issued a notice of non-compliance (recall) in accordance with the Act.
Why this poses a safety risk
Vehicle manufacturers must make sure that their vehicles meet applicable Transport Canada requirements. Vehicles that don’t meet minimum safety requirements can create a greater risk of injury to occupants or other road users.
In this case, the vehicles aren’t equipped with required emergency exit labels and instructions, which increases the risk of injury in a crash since the occupants may not how or where to exit the vehicle. The vehicles also have potentially confusing labels, which may cause them to be used incorrectly.
As an example, many provinces have special rules for drivers operating buses, or special inspection and licensing requirements for vehicles with higher GVWRs. Since the vehicle type labels identify them as MPVs, an unqualified or ill-prepared driver may operate them, and the vehicles could be overloaded beyond their ratings in regular use.
As Absolute Styling Limousine Ltd has been informed of these non-compliances and has failed to take action, the Minister of Transport is making a preliminary determination that:
- two 2022 Mercedes-Benz Sprinter vehicles were manufactured by Absolute Styling Limousine Ltd in a way that does not comply with the Motor Vehicle Safety Act, and
- in the interest of safety, it may be necessary to order Absolute Styling Limousine Ltd to notify the owners of the 2 Sprinter vehicles that their vehicles do not meet applicable safety standards
Next steps
The public and the company can submit comments or additional information to the Minister in order to help reach a final decision as to whether or not it is necessary to order the company to issue a notice of non-compliance (recall) under subsection 10.1 (7) of the Motor Vehicle Safety Act.
Dates
Please submit comments by: November 6, 2024.
How to comment
You can email feedback to Transport Canada by email at: automobile@tc.gc.ca.