Chile Updates Transport and Telecommunications Safety Regulations

Chile proposes to amend its transport and telecommunications safety framework to update mandatory safety requirements for vehicles, including airbags and seat belts, through the revision of Decree Supremo No. 26 of 2000.

Compliance Analysis: Proposed Amendments to Decree Supremo No. 26 of 2000 (Chile)

Direct Answer

Chile’s Ministry of Transport and Telecommunications (MTT) proposes to amend Decree Supremo No. 26 of 2000 to update mandatory safety requirements for light and medium motor vehicles, including airbags and seat belts, and align certification standards with current international norms. The amendments aim to enhance human safety but face regional opposition and implementation challenges, particularly regarding certification processes and compliance timelines^{1, 2}.

Regulation Analysis

1. Key Objectives and Scope

The proposed amendments seek to:

• Incorporate new mandatory and optional safety elements for light and medium vehicles (e.g., airbags, seat belts, pretensioners, and limiters)¹.
• Align certification with updated international standards (e.g., UNECE, U.S. FMVSS, EU regulations) to ensure accuracy in vehicle homologation¹.
• Address urgent public health/safety concerns by reducing road fatalities and injuries¹.

Product Coverage: Mandatory and optional safety components for light/medium motor vehicles (no specific HS codes provided)¹.

2. Proposed Changes to Safety Requirements

A. New Safety Elements

The original proposal included 25 new mandatory safety elements, but this was reduced to 12 after public consultation. Eliminated elements (now optional or excluded) include:

• Pedestrian protection,
• Cyberattack protection,
• Full-frontal impact occupant protection,
• Rear-impact occupant protection,
• Door locks and retention components,
• Exterior body protrusions,
• Speedometers/odometers,
• Controls, indicators, and warning lights².

Remaining Mandatory Elements:

• 5 elements: 24-month compliance for new models / 36 months for existing models.
• 7 elements: 48-month compliance for new models / 60 months for existing models².

B. Certification and Documentation

• Current Rule: Accepts manufacturer-issued certificates or authenticated copies, supported by technical reports².
• Proposed Rule (Revised):
  • No requirement for certificates from accredited third-party entities (e.g., UNECE, FMVSS) or the U.S. "Blue Ribbon Letter"².
  • Technical reports must accompany certificates, issued by the manufacturer or a third party².
  • New Normative Origins: India’s standards (e.g., GB/GB-T) will be accepted alongside existing frameworks (UNECE, FMVSS, EU)².

C. Normative Updates

• Version Flexibility: New versions of technical standards will be accepted 36 months post-publication, allowing manufacturers to use either the old or new version during this period².
• Rationale: Addresses concerns about regulatory uncertainty and insufficient transition periods².

3. Stakeholder Feedback and Adjustments

A. Regional Opposition

• Latin American Observers: Opposed new mandatory elements, arguing Chile would diverge from regional standards and that some elements (e.g., airbags) are already standard. Requested longer compliance timelines².
• Non-Latin American Observers: Generally supportive but sought extended deadlines to adjust production².

B. Trade Barriers

• Certification Concerns: Manufacturers/importers argued that requiring third-party certificates (e.g., UNECE, FMVSS) would create bureaucratic barriers and disadvantage Latin American producers, who lack accredited labs².
• U.S. Standards: Criticized the impracticality of obtaining the "Blue Ribbon Letter" and noted that U.S. labs are not required to comply with ISO 17025:2017².

C. Key Adjustments

4. Implementation Timeline

• Adoption Date: Not yet determined¹.
• Public Consultation Deadline: 21 March 2026 (60 days from notification)¹.
• Compliance Deadlines:
  • New models: 24–48 months post-adoption.
  • Existing models: 36–60 months post-adoption².

5. Relevant Authorities and Contacts

Summary Answer

Chile’s proposed amendments to Decree Supremo No. 26 of 2000 aim to modernize vehicle safety standards by mandating 12 new safety elements (e.g., airbags, seat belts) and aligning certification with international norms¹. Key changes include:

• Reduced mandatory elements (from 25 to 12) and extended compliance timelines (24–60 months) to address industry concerns².
• Simplified certification: Manufacturer-issued certificates and technical reports will suffice, eliminating third-party accreditation requirements².
• Normative flexibility: New standard versions will be accepted for 36 months post-publication².

Opposition from Latin American stakeholders highlighted regional misalignment and trade barriers, prompting adjustments to avoid bureaucratic hurdles². The amendments are pending adoption, with public comments due by 21 March 2026¹.

Sources

1. ↩ Propuesta de Modificación del Decreto Supremo N°26, de 2000, del Ministerio de Transportes y Telecomunicaciones (https://www.bcn.cl/leychile/navegar?idNorma=166902 https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=S:/G/TBTN26/CHL779.pdf&Open=True
2. ↩ WTO TBT notification 26-04080 — Chile https://members.wto.org/crnattachments/2026/TBT/CHL/26_04080_00_s.pdf