dents. To this end, the Secretary of Commerce shall have authority to establish motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce; to undertake and support necessary safety research, development and evaluation; and to encourage and provide financial assistance in developing State traffic safety programs under effective standards for drivers, motor vehicles, postaccident care, and the tramc environment, including highways.

TITLE I-MOTOR VEHICLE SAFETY STANDARDS
Definitions

SEC. 101. As used in this title

(a) "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 or construction 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.

(b) "Motor vehicle safety standard" means a minimum standard for motor vehicle performance, or motor vehicle equipment performance, which is practicable, which incets the need for motor vehicle safety and which provides objective criteria.

(c) "Motor vehicle" means any vehicle driven or drawn by mechanical power primarily for use on the public roads, streets, and highways, other than (1) a vehicle subject to safety regulations under part II of the Interstate Commerce Act, as amended (49 U.S.C. 301 et seq.), or under the Transportation of Explosives Act as amended (18 U.S.C. 831-835), and (2) a vehicle or car operated exclusively on a rail or rails.

(d) "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.

(e) "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.

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

(g) "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.

(h) "State" 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.

(1) "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.

(1) "Secretary" means Secretary of Com

merce.

standards

SEC. 102. (a) Bubject to the provisions of this section, on or before January 31, 1967, the Secretary shall prescribe, by order, and publish in the Federal Register interim motor vehicle safety standards for motor vehicles and motor vehicle equipment, which shall be based upon existing public and private safety standards.

(b) Interim standards prescribed pursuant to this section shall become effective on a 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 standards are published. Such standards shall remain in effect until new and revised Federal motor vehicle safety standards become effective pursuant to section 103.

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

(1) consult with the Vehicle Equipment Safety Commission, with other State and interstate agencies (including legislative committees), with motor vehicle and motor vehicle equipment manufacturers, and with scientific, technical, business, and consumer organizations, as he deems appropriate.

(2) consider, in the light of available technical information, whether any such proposed standard is reasonable, practicable, and appropriate for the particular type of motor vehicle or item of motor vehicle equipment for which it is prescribed; and

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

Revised Federal motor vehicle safety
standards

SEC. 103. (a) Subject to the provisions of this section, on or before January 31, 1968, the Secretary shall prescribe, by order, in accordance with sections 3, 4, and 6 of the Administrative Procedure Act (5 U.S.C. 1002, 1003, 1005) new and revised motor vehicle safety standards for motor vehicles and motor vehicle equipment.

(b) Standards prescribed pursuant to this section shall become effective on a date specified by the Secretary which shall be no sooner than one hundred eighty days nor later than one year from the date on which such standards are 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. (c) 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, which consultation shall include (A) informing the Commission and other agencies of all proposed Federal vehicle safety standards and amendments thereto and (B) affording such Commission and other agencies an opportunity to study and comment on such standards and amendments;

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

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

(d) The order prescribing standards pursuant to this section shall include as part of the concise general statement of the basis and purpose of such standards (required by

section 4(b) of the Administrative 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 and 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 regulation: under part II of the Interstate Commerce 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

BEC. 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 (8 U.B.C. 1009) and to grant appropriate relief as provided in such section.

(4) The judgment of the court afrming 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 accomplish 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 carSuch rying out the purposes of this Act. 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 contract, 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 agencles, State or other public agencies, businesses (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

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) fall or refuse access to or copying of records, fail to make reports or provide information, or fall or refuse to permit entry or Inspection, as required under section 114; (3) fall 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) fall 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, cr 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 regulations, provide for authorizing the importation of such motor vehicle vehicle of motor item or equipment into the United States upon such

Vol. I

terms and conditions (including the furnahing of a bond) as may appear to them appropriate to insure that any such motor vehicle or item of motor vehicle equipment 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.

Civil penalty

SEC 110. (a) Any person who violates any provision of section 109, or any regulation issued thereunder, shall be subject to a civil penalty which may be recoverable in a civil action brought by the Attorney General in a United States district court in the name of the United States, of not to exceed $1,000 for each such violation except that for each such person the maximum civil penalty shall not exceed $400,000 for any related series of violations. Such violation of a provision of section 109, or such regulations issued thereunder, shall constitute a separate violatior with respect to each motor vehicle or item of motor vehicle equipment or with respect to each failure or refusal to allow or perform an act required thereby.

(b) Any such civil penalty may be coinpromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the bustness of the person charged and the gravity of the violation shall be considered. amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the person charged.

Injunction

The

SEC. 111. (a) The United States district courts shall have Jurisdiction, for cause shown and subject to the provisions of rule 65 (a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this title, or to restrain the sale, offer for sale, or the introduction or delivery for introduction, in interstate commerce, or the importation into the United States, of any motor vehicle or item of motor vehicle equipment which is determined. prior to the first purchase of such vehicle in good faith for purposes other than resale, not to conform to applicable Federal motor vehicle safety standards prescribed pursuant to this title, upon petition by the Attorney General on behalf of the United States. Whenever practicable, the Secretary shall give notice to the contemplated defendant and afford him an opportunity to present his views, and, except in the case of a knowing and willful violation, shall afford him opportunity to achieve compliance The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.

(b) In any proceeding for criminal contempt for violation of an order, injunction, or restraining order issued under this section, which violation also constitutes a violation of this title, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.

Jurisdiction and venue

SEC. 112. (a) Actions under sections 110 (a) and 111(a) may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.

(b) In any action brought under section 110(a) or section 111(a), subpoenas for witnesses who are required to attend a United States district court may run into any other district.

(c) It shall be the duty of every manufacturer offering a motor vehicle or item of motor vehicle equipment for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions and requirements may be made for and on behalf of said importer, and to file such designation with the Secretary, which designation may from time to time be filled. changed by like writing, similarly Service of all administrative and judicial processes, notices, orders, decision and requirements may be made upon said importer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon said Importer, and in default of such designation of such agent, service of process, notice, order, requirement or decision in any proceeding before the Secretary or in any Judicial proceeding for enforcement of this title or any standards prescribed pursuant to this title may be made by posting such process, notice, order, requirement or decision in the Omce of the Secretary.

Application of antitrust laws

SEC. 113. Nothing contained herein shall be deemed to exempt from the antitrust laws of the United States any conduct that would otherwise be unlawful under such laws, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws.

Inspection and testing for compliance;
records and reports

SEC. 114. (a) The Secretary is authorized to conduct such testing, inspection, and investigation as he deems necessary to aid in the enforcement of Federal vehicle safety standards prescribed and in effect under this title and shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained and test results indicating noncompliance with such standards, for appropriate enforcement

or customs action.

(b) For purposes of enforcement of this title. officers or employees duly designated by the Secretary, upon presenting appropriate credentials and a written notice to the owner, operator, or agent in charge, are authorized (1) to enter, at reasonable times, any factory, warehouse, or establishment in which motor vehicles or items of motor vehicle equipment are manufactured, or held for introduction into interstate commerce or are held for sale after such introduction; and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner such factory, warehouse, or establishment Each such inspection shall be commenced and completed with reasonable promptness.

(c) Every manufacturer of motor vehicles and motor vehicle equipment shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this title and motor vehicle safety standards prescribed pursuant to this title and shall, upon request of an officer or em