89TH CONGRESS 2D SESSION Union Calendar No. 806 H. R. 13228 [Report No. 1776] IN THE HOUSE OF REPRESENTATIVES MARCH 2, 1966 Mr. STAGGERS introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce JULY 28, 1966 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] A BILL To provide for a coordinated national safety program and establishment of safety standards for motor vehicles in interstate commerce to reduce traffic accidents and the deaths, injuries, and property damage which occur in such accidents. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Aet may be eited as the "Traffic Safety Act of 4 1966". 5 SEO. 2. The Congress hereby declares that the purpose 6 of this Act is to reduce traffic accidents and the deaths, 7 injuries, and property damage resulting from traffic accidents. 1 To this end, the Secretary of Transportation shall have 2 authority to establish motor vehicle safety standards for 3 motor vehicles and equipment in interstate commerce; to 4 undertake and support necessary safety research and develop5 ment; and to encourage and provide financial assistance in 6 developing State traffic safety programs under effective 7 standards for drivers, motor vehicles, postaccident care and 8 the traffie environment, including highways. 9 TITLE I MOTOR VEHICLE SAFETY STANDARDS 12 SEO. 101. As used in this title (a) "Motor vehicle safety" means the performance of 13 motor vehicles or motor vehicle equipment in such a manner 14 that the publie is protected against unreasonable risk of 15 accidents occurring as a result of the design of motor vehicles 16 and is also protected against unreasonable risk of death, 17 injury or property damage in the event accidents do occur. (b) "Motor vehicle safety standard" means a minimum 19 standard for motor vehicle performance, or motor vehicle 20 equipment performance, which is practicable, which meets 21 the need for motor vehicle safety and which provides objee22 tive eriteria on which the publie may rely in assuring motor 23 vehicle safety. 18 24 fe) "Motor vehicle" means any vehicle driven or drawn, 25 by mechanical or other power, primarily for use on the 1 public roads, streets and highways, other than (1) a vehiele 2 subject to safety regulations under part II of the Interstate 3 Commerce Act, as amended (ehapter 8, title 49 of the 4 United States Code), or under the Transportation of Ex5 plosives Act as amended (sections 831-835 of chapter 39. 6 title 18 of the United States Code), and (2) a vehicle or 7 ear operated exclusively on a rail or rails. 8 (d) "Motor vehicle equipment" means any system, part 9 or component of a motor vehicle as originally manufactured 10 or any similar part or component manufactured or sold for 11 replacement or improvement of such system, part or component or as an accessory or addition to the motor vehicle. (e) "State" means any State of the United States, the 14 District of Columbia, the Commonwealth of Puerto Rico, or 12 13 15 16 17 any territory or possession of the United States. (f) "Interstate commerce" means commerce between any place in a State and any place in another State, or be18 tween places in the same State through another State. 19 20 21 (g) "Secretary" means Secretary of Transportation. FEDERAL MOTOR VEHICLE SAFETY STANDARDS SEC. 102. (a) The Secretary shall, from time to time, 22 review existing public and private motor vehicle safety 23 standards and the degree of effective compliance existing 24 with respect to such standards. If, at any time after two 25 years from the date of the enactment of this Act, he deter 1 mines that there is a need for a new or revised motor vehicle 2 safety standard and that 3 4 6 no motor vehicle safety standard exists; (2) any existing motor vehicle safety standard is inadequate to protect the publie against unreasonable risk of accidents or of death, injury, or property damage 7 resulting therefrom, as defined in section 101(a); (3) any existing motor vehicle safety standard is not based upon all measurements of performance neeessary to the achievement of motor vehicle safety; or 9 10 11 12 13 14 15 16 17 18 (4) the degree of effective compliance with respect to any existing motor vehicle safety standard is insuffi eient to achieve adequate motor vehicle safety; then the Secretary is authorized to establish and issue by order, in accordance with section 4 of the Administrative Pro eedure Act, appropriate Federal motor vehicle safety standards for motor vehicles or motor vehicle equipment. (b) A Federal motor vehicle safety standard issued by 19 order pursuant to subsection (a) shall become effective on a 20 date specified by the Secretary in that order, which shall be 21 no sooner than one hundred and eighty days nor later than 22 two years from the date on which the standard is issued. No 23 State or local government law, regulation, or ordinance shall 24 establish a safety standard for a motor vehicle or item of 25 motor vehicle equipment in interstate commerce if a Federal 1 motor vehicle safety standard issued in conformance with the 2 provisions of this title is in effect with respect to that motor 3 vehicle or item of motor vehicle equipment; and any such 4 law, regulation, or ordinance purporting to establish such 5 safety standards and providing a penalty or punishment for 6 an act of noncompliance therewith shall be null, void, and of 7 no effect. However, nothing herein shall be construed to 8 prevent a State or local government or the Federal Govern9 ment from establishing requirements more stringent than a 10 Federal motor vehicle safety standard for the exclusive pur11 pose of its own procurement. 12 (e) The Secretary, from time to time, and subject to 13 section 4 of the Administrative Procedure Act, may by order 14 amend or withdraw Federal motor vehicle safety standards 15 issued under this section. Amendments or withdrawals shall 16 be effective on the date specified by the Secretary in that 17 order, which shall be no sooner than one hundred and eighty 18 days nor later than one year from the date on which the 19 amendment or withdrawal is issued, unless the Secretary 20 finds, publishing his reasons therefor, that an earlier or later 21 date is in the publie interest. 22 23 JUDICIAL REVIEW OF ORDERS SEO. 103. (a) (1) In a ease of actual controversy as to 24 the validity of any order under section 102, any person who 25 will be adversely affected by such order when it is effective |