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Public Law

Public Law 89-563 89th Congress, s. 3005 September 9, 1966

An Act

80 STAT. 718 To provide for a coordinated national safety program and establishment of

safety standards for motor rebicles in interstate commerce to reduce acidents involving motor vehicles and to reduce the deaths and injuries occurring in such accidents.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress National Trafhereby declares that the purpose of this Act is to reduce traffic acci- fic and Motor dents and deaths and injuries to persons resulting from traffic acci- Vehicle Safety dents. Therefore, Congress determines that it is necessary to establish Act of

Act of 1966. motor vehicle safety standards for motor vehicles and equipment in interstate commerce; to undertake and support necessary safety research and development; and to expand the national driver register.

TITLE I–MOTOR VEHICLE SAFETY STANDARDS Sec. 101. This Act may be cited as the “National Traffic and Motor Short title. Vehicle Safety Act of 1966". Sec. 102. As used in this title

Definitions. (1) “Motor vehicle safety" means the performance of motor vehicles or motor vehicle equipment in such a manner that the public is protected against unreasonable risk of accidents occurring as a result of the design, construction or performance of motor vehicles and is also protected against unreasonable risk of death or injury to persons in the event accidents do occur, and includes nonoperational safety of such vehicles.

(2) “Motor vehicle safety standards” means a minimum standard for motor vehicle performance, or motor vehicle equipment performAnce, which is practicable, which meets the need for motor vehicle safety and which provides objective criteria.

(3) “Motor vehicle" means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

(4) “Motor vehicle equipment" means any system, part, or component of a motor vehicle as originally manufactured or any similar part or component manufactured or sold for replacement or improvement of such system, part, or component or as an accessory, or addition to the motor vehicle.

(5) "Manufacturer" means any person engaged in the manufacturing or assembling of motor vehicles or motor vehicle equipment, including any person importing motor vehicles or motor vehicle equipment for resale.

(6) “Distributor" means any person primarily engaged in the sale and distribution of motor vehicles or motor vehicle equipment for resale.

(7) “Dealer" means any person who is engaged in the sale and distribution of new motor vehicles or motor vehicle equipment primarily to purchasers who in good faith purchase any such vehicle or equipment for purposes other than resale.

(8) “Stato" includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.

(9) “Interstate commerce" means commerce between any place in a State and any place in another State, or between places in the same State through another State

(10) "Secretary" means Secretary of Commerce.

Pub. Law 89-563

September 9, 1966 80 STAT. 719

(11) “Defect“ includes any defect in performance, construction, components, or materials in motor vehicles or motor vehicle equipment.

(12) “United States district courts” means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.

(13) “Vehicle Equipment Safety Commission" means the Commis

sion established pursuant to the joint resolution of the Congress relat23 USC 313 note. ing to highway traffic safety, approved August 20, 1958 (72 Stat. 635),

or as it may be hereafter reconstituted by law. Standards.

Sec. 103. (a) The Secretary shall establish by order appropriate Federal motor vehicle safety standards. Each such Federal motor vehicle safety standard shall be practicable, shall meet the need for

motor vehicle safety, and shall be stated in objective terms. 60 Stat. 237. (b) The Administrative Procedure Act shall apply to all orders 5 USC 1001 note. establishing, amending, or revoking a Federal motor vehicle safety

standard under this title. Erreo tive date. (c) Each order establishing a Federal motor vehicle safety standard

shall specify the date such standard is to take effect which shall not be sooner than one hundred and eighty days or later than one year from the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding.

(d) Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle or item of motor vehicle equipment any safety standard applicable to the same aspect of performance of such vehicle or item of equipment which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise

applicable Federal standard. Revocation.

70) The Secretary may by order amend or revoke any Federal motor vehicle safety standard established under this section. Such order shall specify the date on which such amendment or revocation is to take effect which shall not be sooner than one hundred and eighty days or later than one year from the date the order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding.

(f) In prescribing standards under this section, the Secretary shall

(1) consider relevant available motor vehicle safety data, including the results of research, development, testing and evaluation activities conducted pursuant to this Act;

(2) consult with the Vehicle Equipment Safety Commission, and such other State or interstate agencies (including legislative committees) as he deems appropriate;

(3) consider whether any such proposed standard is reasonable, practicable and appropriate for the particular type of motor vehicle or item of motor vehiclo equipment for which it is pre scribed; and

(4) consider the extent to which such standards will contribute to carrying out the purposes of this Act.

September 9, 1966

Pub. Law 89-563

00 SIAT. (g) In prescribing safety regulations covering motor vehicles sub- Dual standards, ject to part II of the Interstate Commerce Act, as amended (49 U.S.C. prohibition. 301 et seq.), or the Transportation of Explosives Act, as amended (18 49 Stat. 543; U.S.C. 831-835), the Interstate Commerce Commission shall not adopt 54 Stat. 919. or continue in effect any safety regulation which differs from a motor 74 Stat. 808. vehicle safety standard issued by the Secretary under this title, except that nothing in this subsection shall be deemed to prohibit the Intor. stato Commerce Commission from prescribing for any motor vehicle operated by a carrier subject to regulation under either or both of such Acts, a safety regulation which imposes a higher standard of performance subsequent to its manufacture than that required to comply with the applicable Federal standard at the time of manufacture.

(h) The Secretary shall issue initial Federal motor vehicle safety standards based upon existing safety standards on or before January 31, 1967. On or before January 31, 1968, the Secretary shall issue new and revised Federal motor vehicle safety standards under this title.

Sec. 104. (a) The Secretary shall establish a National Motor National Motor Vehicle Safety Advisory Council, a majority of which shall be repre- Vehicle Safety sentatives of the general public, including representatives of State and Advisory Counlocal governments, and the remainder shall include representatives of oil, establishmotor vehicle manufacturers, motor vehicle equipment manufacturers, ment. and motor vehicle dealers.

(b) The Secretary shall consult with the Advisory Council on motor vehicle safety standards under this Act.

(c) Members of the National Motor Vehicle Safety Advisory Coun- Compensation cil may be compensated at a rate not to exceed $100 per diem (including of members. travel time) when engaged in the actual duties of the Advisory Council. Such members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2), for persons in the Government 60 Stat. 8083 service employed intermittently. Payments under this section shall 75 Stat. 339, not render members of the Advisory Council employees or officials of 340. the United States for any purpose.

Sec. 105. (a)(1) In a case of actual controversy as to the validity of Judicial reany order under section 103, any person who will be adversely affectell view, by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for a judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in section 2112 of title 28 of the United States Code.

72 Stat. 941. (2) If the petitioner applies to the court for leave to adduce addi. Modification tional evidence, and shows to the satisfaction of the court that such of findings. additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced upon the hearing, in such manner and upon such terms and conditions As to the court may seem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.

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