89TH CONGRESS 2D SESSION Calendar No. 1272 S. 3005 [Report No. 1301] IN THE SENATE OF THE UNITED STATES MARCH 2, 1966 Mr. MAGNUSON introduced the following bill; which was read twice and referred to the Committee on Commerce JUNE 23, 1966 Reported by Mr. MAGNUSON, with amendments [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 Act may be eited 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, in 7 juries, 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 devel5 opment; and to encourage and provide financial assistance 6 in 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 SEC. 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 public is protected against unreasonable risk of acei15 dents 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 criteria on which the publie may rely in assuring motor 23 vehicle safety. 18 24 (e) "Motor vehicle" means any vehicle driven or 25 drawn, by mechanical or other power, primarily for use on 1 the public roads, streets, and highways, other than (1) a 2 vehicle subject to safety regulations under part I of the 3 Interstate Commerce Act, as amended (chapter 8, title 49 4 of the United States Code), or under the Transportation of 5 Explosives Act as amended (sections 831-835 of chapter 6 39, title 18, of the United States Code), and (2) a vehicle or ear operated exclusively on a rail or rails. 7 8 9 (d) "Motor vehicle equipment" means any system, part, or component of a motor vehicle as originally manu10 factured or any similar part or component manufactured or 11 sold for replacement or improvement of such system, part, 12 or component or as an accessory, or addition to the motor 13 vehiele: 14 fe) "State" means any State of the United States, the 15 District of Columbia, the Commonwealth of Puerto Rico, 16 17 18 or any territory or possession of the United States. "Interstate commerce" means commerce between any place in a State and any pace in another State, or 19 between places in the same State through another State. (g) "Secretary" means Secretary of Transportation: FEDERAL MOTOR VEHICLE SAFETY STAND RDS SEC. 102. (a) The Secretary shall, from time to time, review existing public and private motor vehicle safety standards and the degree of effective compliance existing with respect to such standards. If, at any time after two 1 years from the date of the enactment of this Act, he de 2 termines that there is a need for a new or revised motor 3 vehicle safety standard and that 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 +1 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 resulting therefor, as defined in section 101(a); (8) any existing motor vehicle safety standard is not based upon all measurements of performance neees. sary to the achievement of motor vehicle safety; or (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 Adminis trative Procedure Act, appropriate Federal motor ve hiele safety standards for motor vehicles or motor vehicle equipment. (b) A Federal motor vehicle safety standard issued by 21 order pursuant to subsection (a) shall become effective on 22 a date specified by the Secretary in that order, which shall 23 be no sooner than one hundred and eighty days nor later than 24 two years from the date on which the standard is issued. No 1 State or local government law, regulation, or ordinance shall 2 establish a safety standard for a motor vehicle or item of 3 motor vehicle equipment in interstate commerce if a Federal 4 motor vehicle safety standard issued in conformance with the 5 provisions of this title is in effect with respect to that motor 6 vehicle or item of motor vehicle equipment, and any such law, 7 regulation, or ordinance purporting to establish such safety 8 standards and providing a penalty or punishment for an act of 9 noncompliance therewith shall be null, void, and of no effect. 10 However, nothing herein shall be construed to prevent a 11 State or local government or the Federal Government from 12 establishing requirements more stringent than a Federal 13 motor vehicle safety standard for the exclusive purpose of its own procurement. 14 15 (e) The Secretary, from time to time, and subject to 16 section 4 of the Administrative Procedure Act, may be or17 der amend or withdraw Federal motor vehicle safety stand18 ards issued under this section: Amendments or withdrawals 19 shall be effective on the date specified by the Secretary in 20 that order, which shall be no sooner than one hundred and 21 eighty days nor later than one year from, the date on which 22 the amendment or withdrawal is issued, unless the Secretary 23 finds, publishing his reasons therefor; that an earlier or later 24 date is in the public interest. · |