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89ru CONGRESS

2D SESSION

BOTY CONGRESS H. R. 13228

ADMINISTRATION BILI

IN TIIE JIOUSE OF REPRESENTATIVES

March 2, 1966 Mr. Sraggers introduced the following bill; which was referred to the come

mittee on Interstate and Foreign Commerce

A BILL

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To provide for a coordinated national safety program and estabı

lishment 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.

Be it enacted by the Senate and Tlouse of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the “Traffic Safety Act of 4 1966”. 5 SEC. 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. 8 To this end, the Secretary of Transportation shall have 9 authority to establish motor vehicle safety standards for

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1 motor vehicles and equipment in interstate commerce; to 2 undertake and support necessary safety research and devel3 opment; and to encourage and provide financial assistance 4 in developing State traffic safety programs under effective 5 standards for drivers, motor vehicles, postaccident care and 6 the traffic environment, including highways. 7 TITLE I–MOTOR VEHICLE SAFETY STANDARDS

DEFINITIONS

9 SEC. 101. As used in this title10 (a) “Motor vehicle safety” means the performance of 11 motor vehicles or motor vehicle equipment in such a manner 12 that the public is protected against unreasonable risk of 13 accidents occurring as a result of the design of motor vehicles 14 and is also protected against unreasonable risk of death, 15 injury or property damage in the event accidents do occur. 16 (b) “Motor vehicle safety standard” means a minimum 17 standard for motor vehicle performance, or motor vehicle 18cquipment performance, which is practicable, which meets 19 the need for motor vehicle safety and which provides objec20 tive criteria on which the public may rely in assuring motor 21 vehicle safety. 22 (c) “Motor vehicle” means any vehicle driven or drawn, 23 by mechanical or other power, primarily for use on the 24 public roads, streets and highways, other than (1) a vehicle 25 subject to safety regulations under part II of the Interstate

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1 Commerce Act, as amended (chapter 8, title 49 of the 2 United States Code), or under the Transportation of Ex3 plosives Act as aniended (sections 831-835 of chapter 39, 4 title 18 of the United States Code), and (2) a vehicle or 5 car operated exclusively on a rail or rails. 6 (d) “Motor vehicle equipment” means any system, part 7 or component of a motor vehicle as originally manufactured 8 or any similar part or component manufactured or sold for 9 replacement or improvement of such system, part or com10 ponent or as an accessory or addition to the motor vehicle. 11 (e) “State” means any State of the United States, the 12 District of Columbia, the Commonwealth of Puerto Rico, or 13 any territory or possession of the United States.

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(f) “Interstate commerce" means commerce between

15 any place in a State and any place in another State, or be16 tween places in the same State through another State. 17 (g) “Secretary” means Secretary of Transportation.

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FEDERAL MOTOR VEHICLE SAFETY STANDARDS

SEC. 102. (a) The Secretary shall, from time to time, 20 review existing public and private motor vehicle- safety 21 standards and the degree of effective compliance existing 22 with respect to such standards. If, at any time after two 23 years from the date of the enactment of this Act, he deter

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mines that there is a need for a new or revised motor vehicle

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(1) no motor vehicle safety standard exists;

(2) any existing motor vehicle safety standard is inadequate to protect the public against unreasonable

risk of accidents or of death, injury, or property damage

resulting therefroin, as defined in section 101 (a);

(3) any existing motor vehicle safety standard is not based upon all measurements of performance necessary to the achievement of motor vehicle safety; or

(4) the degree of effective compliance with respect to any existing motor vehicle safety standard is insufficient to achieve adequate motor vehicle safety; then the Secretary is authorized to establish and issue by order,

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in accordance with section 4 of the Adniinistrative Pro

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cedure Act, appropriate Federal motor vehicle safety standards for motor vehicles or motor vehicle equipment.

(1)) A Federal motor vehicle safety standard issued by 17 order pursuant to subsection (a) shall become effective on a 18 date specified by the Secretary in that order, which shall be 19 no sooner than one hundred and eighty days nor later than 20 two years from the date on which the standard is issued. No 21 State or local government law, regulation, or ordinance shall 22 establish a safety standard for a motor vehicle or item of 23 motor vehicle equipment in interstate commerce if a Federal 24 motor vehicle safety standard issued in conformance with the 25 provisions of this title is in effect with respect to that motor

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1 vehicle or item of motor vehicle equipment; and any such 2 law, regulation, or ordinance purporting to establish such 3 safety standards and providing a penalty or punishment for # an act of noncompliance therewith shall be null, void, and of Í no effect. However, nothing herein shall be construed to 6 prevent a State or local government or the Federal Govern7 inent from establishing requirements more stringent than a 8 Federal motor vehicle safety standard for the exclusive pur9 pose of its own procurement. 10 (c) The Sccretary, from time to time, and subject to 11 section 4 of the Administrative Procedure Act, may by order 12 amend or withdraw l'ederal motor vehicle safety standards 13 issued under this section. Amendments or withdrawals shall 14 be effective on the date specified by the Secretary in that 15 order, which shall be no sooner than one hundred and eighty 16 days nor later than one year from the date on which the 17 amendment or withdrawal is issued, unless the Secretary 18 finds, publishing his reasons therefor, that an earlier or later 19 date is in the public interest. 20

JUDICIAL REVIEW OF ORDERS SEC. 103. (a) (1) In a case of actual controversy as to 22 the validity of any order under section 102, any person who 23 will be adversely affected by such order when it is effective 24 may at any time prior to the forty-fifth day after such order 25 is issued file a petition with the United States court of appeals

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