Page images
PDF
EPUB

purpose of such standards (required by section 4(b) of the Adminisstrative Procedure Act) the following:

(1) A statement of the principal purpose of any such standard, written in language capable of being understood by the general public;

(2) Wherever appropriate to a particular standard, a statement of the range of operating conditions for which such standard is deemed effective; and

(3) A technical statement which sets forth the data necessary to an evaluation of the standard by persons competent in the

particular technical area involved. (e) For the purposes of this section interested persons afforded an opportunity to participate in the rule-making process to prescribe or amend standards under this section shall include manufacturers, distributors, and dealers of motor vehicles and motor vehicle equipment, public and private organizations or individuals engaged to a significant extent in the promotion or study of motor vehicle safety and automobile insurance underwriters.

(f) Nothing in this title or in the Administrative Procedure Act shall be construed to make sections 7 and 8 of such Act applicable to proceedings under this title.

(g) In prescribing standards under this section for any motor vehicle of substantially the same type and specifications as a vehicle subject to safety regulations under part II of the Interstate ('ommerce Act, as amended (49 U.S.C. 301 et seq.), the Secretary shall not adopt standards which differ in substance from the safety regulations issued pursuant to such Act.

(h) The Secretary shall review the motor vehicle safety standards prescribed pursuant to this section at least once every two years, and may, to the extent necessary to carry out the purposes of this Act, by order, amend, such standards in accordance with the procedural requirements set forth in this section. Each such amendment shall become effective on the date specified by the Secretary which shall be no sooner than one hundred and eighty days nor later than one year from the date on which such amendment is published, except that, for good cause shown, the Secretary may specify a later effective date, and in such event he shall publish his reasons therefor.

PREEMPTION

Sec. 104. No State, or political subdivision thereof, shall establish a safety standard for a motor vehicle or item of motor vehicle equipment in interstate commerce which differs from a motor vehicle safety standard issued in conformance with the provisions of this title with respect to such motor vehicle or item of motor vehicle equipment; and any law', regulation, or ordinance purporting to establish such differing safety standard and providing a penalty or punishment for an act of noncompliance therewith shall be null and void. Nothing in this section shall be construed to prevent a State or political subdivision thereof from establishing requirements more stringent than a Federal motor vehicle safety standard for the exclusive purpose of its own procurement.

JUDICIAL REVIEW OF ORDERS

Sec. 105. (a)(1) In a case of actual controversy as to the validity of any order under section 102 or section 103, any person who will be adversely affected 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.

(2) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such 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.

(3) Upon the filing of the petition referred to in paragraph (1) of this subsection, the court shall have jurisdiction to review the order in accordance with section 10 of the Administrative Procedure Act (5 U.S.C. 1009) and to grant appropriate relief as provided in such section.

(4) The judgment of the court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code.

(5) Any action instituted under this subsection shall survive notwithstanding any change in the person occupying the office of Secretary or any vacancy in such office.

(6) The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.

(b) A certified copy of the transcript of the record and proceedings under this section shall be furnished by the Secretary to any interested party at his request, and on payment of the costs thereof, and shall be admissible in any proceeding arising under or in respect to this title, irrespective of whether proceedings with respect to the order have previously been instituted or become final under subsection (a).

RESEARCH, DEVELOPMENT, TESTING AND EVALUATION

Sec. 106. (a) The Secretary, in cooperation with other departments and agencies of the Federal Government, is authorized to undertake appropriate research, development, testing and evaluation for motor vehicle safety and motor vehicle safety standards to ac

complish the purposes of this Act and, in exercising this authority, may perform the following functions:

(1) gathering or collecting existing data from any source for the purpose of determining the relationship between motor vehicle or motor vehicle equipment performance characteristics and (A) accidents involving motor vehicles, and (B) the occurrence of death or personal injury resulting from such accidents;

(2) purchasing, notwithstanding any other provision of law, commercially available models of motor vehicles or items of motor vehicle equipment, and contracting for the fabrication of motor vehicle equipment, for research and testing purposes, including the testing of motor vehicles and motor vehicle equipment to accomplish the purposes of this Act even though such tests may damage or destroy the vehicles or equipment being tested;

(3) selling or otherwise disposing of motor vehicles or motor vehicle equipment tested pursuant to subsection (2), notwithstanding any other provision of law, and reimbursing the proceeds of such sale or disposal into the appropriation or fund current and available for the purpose of carrying out this title: Provided, That motor vehicles and motor vehicle equipment which have been rendered irreparably unsafe for use on the highways, by testing pursuant to subsection (2), shall be sold or disposed of in a manner insuring that they shall not be used on the highways or on vehicles for use on the highways;

(4) performing or having performed all research, development, evaluation and information gathering and disseminating activities necessary and appropriate for motor vehicle safety and motor vehicle safety standards, and purchasing or acquiring equipment and facilities related thereto, or fabricating needed motor vehicle equipment to accomplish the purposes of this title, including

(A) relating motor vehicle and motor vehicle equipment performance characteristics to motor vehicle safety;

(B) determining the effects of wear and use of motor vehicles and motor vehicle equipment upon motor vehicle safety;

(C) evaluating and developing methods and equipment for testing, inspecting, and determining safety of motor vehicles and motor vehicle equipment;

(D) evaluating and developing methods and equipment for determining adequacy of motor vehicle safety standards, and compliance of motor vehicles with motor vehicle safety standards; and

(E) developing appropriate motor vehicle safety standards; and (5) awarding grants to State or interstate agencies and nonprofit institutions for performance of activities authorized in

this section. (b) The Secretary may, by means of grant or contract, design, construct and test operational passenger motor vehicles and items of motor vehicle equipment in demonstration quantities, embodying such features as the Secretary determines will assist in carrying out the purposes of this Act. Such vehicles or equipment are to serve as demonstrations for the development of safety features applicable to commercially manufactured motor vehicles or items of motor vehicle equipment, and for the development of Federal motor vehicle safety standards under section 103. Such demonstration vehicles or equipment shall not be sold or leased for private use. Such demonstration vehicles shall not be limited to traditional methods of automobile design, styling, testing, or production.

(c) Whenever the Federal contribution for any research or development activity authorized by this Act encouraging motor vehicle safety is more than minimal, the Secretary shall include in any contraci, grant, or other arrangement for such research or development activity, provisions effective to insure that all information, uses, processes, patents, and other developments resulting from that activity will be made freely and fully available to the general public. Nothing herein shall be construed to deprive the owner of any background patent of any right which he may have thereunder.

COOPERATION Sec. 107. In addition to such advisory authority as the Secretary otherwise may exercise, he is authorized to advise, assist, cooperate with, or enter into cooperative agreements with and receive and expend funds made available thereunder by Federal agencies, State or other public agencies, business (including manufacturers, distributors, and dealers of motor vehicles and motor vehicle equipment), universities, or other institutions in the planning or development of

(a) motor vehicle safety standards;

(b) method for inspecting or testing under motor vehicle safety standards;

(c) motor vehicle and motor vehicle equipment test methods and test equipment.

TRAINING Sec. 108. (a) The Secretary is authorized to train, or establish training programs for, personnel of Federal agencies, State or other public agencies or institutions, private firms and private institutions by grants to or contracts with such agencies, firms, or institutions for the purpose of achieving motor vehicle safety as provided in this title. He may receive and expend funds made available under a cooperative agreement or utilize motor vehicles or motor vehicle equipment furnished thereunder for training purposes. Such training may include

(1) interpreting and applying motor vehicle safety standards; (2) using test methods and test equipment;

(3) testing and inspecting motor vehicles and motor vehicle equipment to determine motor vehicle safety; or

(4) such other training as may be necessary to carry out this title. (b) The Secretary may purchase, use, and dispose of motor vehicles or motor vehicle equipment for use, other than for purposes of transportation, in the training authorized by subsection (a), under the same authority, and subject to the same conditions, as provided in section 106.

PROHIBITED ACTS Sec. 109. (a) No person shall

(1) manufacture for sale, sell, offer for sale, or introduce or deliver for introduction, in interstate commerce, or import into

the United States, any motor vehicle or item of motor vehicle equipment manufactured on or after the date any applicable Federal motor vehicle safety standard takes effect under this title unless it is in conformity with such standard as prescribed or amended by the Secretary pursuant to this title except as provided in subsection (b) of this section;

(2) fail or refuse access to or copying of records, fail to make reports or provide information, or fail or refuse to permit entry or inspection, as required under section 114;

(3) fail or refuse to furnish a certification as required by section 115, or furnish a certification as required by such section 115 which is false; or

(4) fail or refuse to furnish notification as required by section 116. (b)(1) Paragraph (1) of subsection (a) shall not apply to the sale, the offer for sale, or the introduction or delivery for introduction, in interstate commerce, or importation into the United States, of any motor vehicle or item of motor vehicle equipment after the first purchase of it in good faith for purposes other than resale, or to any person who establishes that he did not know or have reason to know in the exercise of due care that such vehicle or item of motor vehicle equipment was not in conformity with such standard, or to any person who, prior to such first purchase, holds a certificate issued by the manufacturer or importer of such motor vehicle or motor vehicle equipment, to the effect that such vehicle or equipment conforms to all applicable Federal motor vehicle safety standards, unless such person knows that such vehicle or equipment does not so conform. Paragraph (3) of subsection (a) shall not apply to any person who establishes that he did not know or have reason to know in the exercise of due care that such vehicle or item of motor vehicle equipment was not in conformity with such standard.

(2) A motor vehicle or item of motor vehicle equipment offered for importation in violation of paragraph (1) of subsection (a) shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary; except that the Secretary of the Treasury and the Secretary may, by such reg ilations, provide for authorizing the importation to siich motor vehicle or item of motor vehicle equipment into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such motor vehicle or item of motor vehicle quipment will be brought into conformity with any applicable Federal motor vehicle safety standard prescribed under this title, or will be exported or abandoned to the United States.

(3) The Secretary of the Treasury and the Secretary may, by joint regulations, permit the temporary importation of any motor vehicle or item of motor vehicle equipment, after the first purchase of it. in good faith for purposes other than resale, notwithstanding paragraph (2) of this subsection.

(4) Paragraph (1) of subsection (a) shall not apply in the case of a motor vehicle or item of motor vehicle equipment that is intended solely for export, and so labeled or tagged on the vehicle or item itself and on the outside of the container, if any, and is exported.

« PreviousContinue »