Page images
PDF
EPUB

14231

Secretary of Commerce to establish Federal safety standards for all motor vehicles and motor vehicle equipment, foreign as well as domestic, including trucks and buses not already subject to ICC regulation. The authority is mandatory, as it should be-not discretionary.

The Secretary would be ordered to prescribe interim standards, by January 31, 1967, to become effective from 6 months to a year after their publication. These interim standards will bring at least a measure of Federal control to 1968 model cars.

The Secretary is ordered to consult with the Vehicle Equipment Safety Commission, with other State and interstate agencies, including legislative committees, with motor vehicle and motor vehicle equipment manufacturers, as well as with scientific, technical, business, and consumer organizations before setting these standards. He must also consider whether they are reasonable, practicable, and appropriate for the particular type

of vehicle involved.

dent occur.

Safety standards prescribed under the terms of this bill would be intended to protect the American public from unreasonable risk of accidents occurring as a result of motor vehicle design or construction and also from unreasonable risk of death and injury should an acciThe Commerce Committee rightly saw fit to extend this definition to nonoperational safety aspects of motor vehicles so that it covers such items as a faulty jack that slips and injures a motorist changing a tire, or an improperly designed hood or trunk lid which falls and injures someone.

The bill would make it illegal to sell any motor vehicle or piece of motor vehicle equipment which did not conform to these Federal safety standards and would provide for stringent civil penalties for any violation. It would also give the Secretary of Commerce authority to carry on whatever testing. inspection, and investigation was required to help in the enforcement of these standards. This would include the on-site inspection of factory and warehouse facilities.

Standards now prescribed for brake fluid and seat belts would continue in effect under the Commerce Committee bill and I am certain that any standards prescribed for tires, along the lines of the bill unanimously adopted by the Senate last March, would likewise be a part of the Federal traffic safety program.

I am particularly pleased that the Commerce Committee saw fit to provide the Secretary with authority to develop prototype safe cars through grants or contracts. Although no funds are specifically authorized for such projects, ample money will be available to develop and test demonstration vehicles that can significantly advance our knowledge of what constitutes safe motor vehicle design.

The Secretary would also be authorized to assist and cooperate with State agencies and other public bodies in the development of safety standards, inspection and testing methods, and testing equipment. In addition, he could undertake a variety of training programs designed to

create cadres of professionally qualified experts who are equipped to interpret and apply safety standards. This trained manpower will play a vital role in administering a comprehensive and balanced traffic safety program.

There is ample provision in the committee's bill to insure prompt and effective disclosure of any hazardous defects that might turn up in a motor vehicle or piece of motor vehicle equipment sold to the public. The burden of responsibility for correcting any such safety-related defect or nonconforming condition would rest on the manufacturer rather than the dealer-a powerful inducement for the automakers to maintain the highest standards of quality control.

While rejecting a specific requirement for compulsory safety inspection of used motor vehicles, the committee bill would declare that it is the policy of the Congress to improve and strengthen the enforcement of State inspection of used It would also order the motor vehicles. Secretary of Commerce to study the adequacy and effectiveness of State safety standards and inspection requirements and report back to Congress within 1 year with recommendations for additional Federal legislation in this area.

The committee would authorize the

expenditure of $51 million for the first 3 years of this new Federal traffic safety effort almost three times what the administration had suggested. In addition, the bill would authorize whatever out

lays are required to build an up-to-date

accident and injury research center.

I repeat, this is a good bill. It includes all of the provisions that I felt were lacking in the administration's bill, including a requirement that the Secretary furnish Congress an annual report giving a comprehensive account of how the act is being administered, including a review of research activities and recommendations for any additional legislation required.

This legislation gives the Federal Government a permanent responsibility in the traffic safety field. It is a responsibility too long neglected. We have Federal programs to insure safe travel with every means of transportation except that which carries and kills the most people-the motor vehicle. When we commute to work on the train-when we fly to a distant city by plane or when we travel overseas by ship we know that the train, the plane, or the ship meet certain minimum standards of safety. But when we put our families in a car to drive to the country, we have no such

assurance.

For years, the Federal Government has specified the number of handholds for trainmen on freight cars. Is there anything improper in the Federal Goverment specifying the number and kind of lights required on motor vehicles? Can we not insist that car doors stay closed in a 40-mile-an-hour collision? Can we not demand gas tanks that will not rupture in a crash? Can the Federal Government not require the auto industry to build a car with a stronger passenger compartment-with effective padding-and a steering column that will not impale a driver in a collision?

If we are to tame the motor vehicle, we must make a conscious decision to do all those things that are required to make our highways as safe as humanly possible. The automobile is part of our environment-like the jet airplane, atomic energy, pesticides, and a whole host of new life-saving drugs. We have learned to control these technological wonders just as we will learn to harness the marvelous inventions and discoveries of the future.

The problem of death and injury on our highways is a challenge to man's technical genius and his ability to control his environment. It is a challenge we must now decide to meet and overcome. The first step is to enact the legislation now pending before us.

The carnage on our highways is nothing less than an insult. It insults our humanity and our sense of the value of human life. It insults our sense of pride in the technological achievements of this nation-in our ability to master the complexities of modern life. It insults our confidence in the legislative process-in our ability to protect the health, welfare, and happiness of the American people.

When this legislation is enacted, it will be a landmark of consumer protection legislation.

Every member of this generation and the generations to come will owe a debt of gratitude to the Senator from Washington for the outstanding task he and his committee have performed on this bill, and I cannot help but commend him highly for his performance.

Mr. MAGNUSON. We thank the Senator very much, and we are very grateful for his kind remarks, of course. I had the fine cooperation of the distinguished Senator from New Hampshire, the ranking member of the minority, and all the other members of the committee.

I should like the Senator from Connecticut to respond to this thought. I share his view of the impact that this legislation might have, not only on the United States but worldwide. I failed to mention that we have provided in the bill for foreign cars, that they must comply with the standards; and we have even allowed them to come in under something like a free-port arrangement, where, if they are not in compliance, dealers can bring them up to standard.

The Senator from Connecticut and I have discussed the fact that we have world conferences on safety at sea, world conferences on safety in the air, and world conferences on safety of explosives and hazardous substances, and I mentioned that I hope the day will come soon when we will have a world conference on automobile safety. Millions of lives could be saved if that were done.

Mr. RIBICOFF. There is no question that what the Senator says is absolutely true. I can tell from my mail, as I am sure the Senator can from his mail, the deep concern and the impact that this legislation has had on foreign manufacturers, because they want a portion of the American market, and they know that they will not be able to retain a

portion of the American market unless they build safer cars. So unquestionably the work of the Senator and his committee has had a worldwide impact.

Mr. MAGNUSON. I think the Senator from Connecticut should pursue the matter, and undertake the leadership of a worldwide conference on auto safety.

Mr. LONG of Louisiana. Mr. PresiIdent, will the Senator yield?

Mr. MAGNUSON. I yield. I thank the Senator from Connecticut again for his kind remarks.

Mr. Presi

Mr. LONG of Louisiana. dent, as the junior member of the committee, I wish to commend the distinguished chairman, the Senator from Washington, [Mr. MAGNUSON] for the truly magnificent job he has done in managing this bill in the committee. The Senator was fair to all the committee members; he considered every Senator's point of view; he considered both the needs of the public and the needs of industry. It has never been my experience to serve with or serve under a more fair or conscientious presiding officer than the Senator from Washington in handling this bill. In my judgment, he has brought forth a truly remarkable bill to protect the public interest and to save vast numbers of lives from being lost in traffic accidents. The senior Senator from Washington [Mr. MAGNUSON] has given careful consideration to the needs and the viewpoints of all segments of business, both large and small, to make it possible for them to comply with the bill without injury to their economic interests or future prospects. At the same time, he has brought to the Senate a bill which carefully protects the interests of the public, and assures that deaths on the highway will be greatly reduced as a result of the work of his committee.

It has been a real pleasure to serve with the Senator as chairman of the committee.

Mr. MAGNUSON. I thank the Senator.

Mr. LONG of Louisiana. Every member of the committee is deeply indebted to the chairman for the very thoughtful and kind consideration he gave to each of us in permitting us to express our views, and in reconciling the many divergent viewpoints, to bring forth a bill that represents the best judgment of the committee.

Mr. MAGNUSON. The Senator from Louisiana was very helpful to the Senator from New Hampshire [Mr. COTTON), myself, and all of us in arriving at what we think is a sensible bill-for that is what we feel it is.

As I pointed out earlier, this is an industry that employs, directly or indirectly, one out of every six people employed in the United States. It means a great deal to our economy. But I hope the Senator from Connecticut and other Senators will not be satisfied. I agree with what the Senator has stated on driver education. I cannot think of anything that would be of better use, for the expenditure of a small amount of money, than a worldwide conference on auto safety.

14232

Mr. RIBICOFF. I think the suggestion is a sound one, and I think the

Senator will find general agreement from every nation which has large numbers of automobiles. I have been asked to speak in many nations outside the United States on this problem. I hope the chairman will initiate such a conference, and will invite me to attend with him when the conference is held.

Mr. MAGNUSON. I say to the Senator from Connecticut, no one has been more zealous in pursuing this matter over the years than has he. I read the article in the New York Times last weekend. It was not immodest at all about what the Senator has done in this field. I think it woke a lot of people up.

But the very fact that the Senator did not seem to obtain much reaction anywhere except in his own area, working under great odds, points up the necessity for doing what we are doing here.

Mr. RIBICOFF. That is correct. It can be done on a localized basis, but it becomes very obvious that this problem is so vast that the Federal Government must have a role. It is obvious that the 50 States cannot individually set standards for the automobiles that come into those 50 States from a mass production industry.

Mr. MAGNUSON. The State Governors have appointed a committee to cooperate and work out these problems. They had a short meeting here 2 or 3 weeks ago. The chairman is the Governor of Wyoming. Governor Romney of Michigan is on the committee, as is the Governor of West Virginia. They intend to take the matter up at their Governors' conference, which is to be held on the 4th and 5th of July in Los Angeles.

Mr. RIBICOFF. With the passage of such legislation as this, its impact in the States will follow accordingly. Once the States realize that the Federal Government has an interest, and once the news is out that this is a national policy, then the reluctance of many States to take the steps that they must and should take on the question of driver education, the question of licensing, and the question of making sure their roads are proper will disappear, and the matter will become an important State issue. Then the pressure will be on the Governors to do the jobs. My feeling is, having been a Governor

Mr. MAGNUSON. And the legislatures.

Mr. RIBICOFF. And the legislatures. But the key must be the Governor. The Governor must be the driving force in his State for highway safety. He must take what seemingly is an unpopular tough course. But basically he will be pursuing a popular course, because the American people wish to save their own lives and those of their loved ones.

Now we are making it possible to attack one important facet of the accident triangle so that, to the greatest extent possible, it will be possible to minimize accidents and the seriousness of injuries, and reduce the number of

deaths.

Now that congressional attention has been focused on this subject, the Federal Government will have a principal role in promoting highway safety, and we

shall find that the States will accelerate their own activities on the local and State levels.

By our action on this bill, we shall be making a distinct contribution to highway safety.

Mr. MAGNUSON. I agree.

Mr. President, I ask unanimous consent to have printed at this point in the RECORD excerpts from the report.

There being no objection, the excerpts from the report (Rept. No. 1301) were ordered to be printed in the RECORD, as follows:

SCOPE OF THE BILL

The critical definitions which delimit the scope of the bill are those of "motor vehicle" and "motor vehicle safety."

"Motor vehicle" for purposes of coverage of the act is defined as "any vehicle driven or drawn by mechanical power primarily for use on the public roads, streets, and highways. .." (sec. 101(c)). The act thus covers not only passenger cars but buses, trucks, and motorcycles. The bill excludes, however, those buses and trucks which are subject to safety regulation by the Interstate Commerce Commission (sec. 101 (c)), although it is anticipated that should the proposed new Department of Transportation be created, safety regulation of all trucks and buses will be transferred to the Secretary of Transportation. In the interim, to avoid the imposition of dual standards on these vehicles, the bill requires that the Secretary not adopt standards which differ in substance from applicable safety regulations issued by the IOC (sec. 103(g)).

"Motor vehicle safety" is defined as "the performance of motor vehicles or motor vehicle equipment in such a manner that the public is protected against unreasonable risk of accident occurring as the 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" (sec. 101(a)).

Thus the bill is intended to reach not only the safety of driver, passenger, and pedestrian, but the safety of those who must work with or otherwise come in contact with the vehicle while it is not operating.

INTERIM AND REVISED STANDARDS

The bill, as amended by the committee, assigns responsibility for the administration of safety standards and research to the Secretary of Commerce (sec. 101(1)). In order that the congressional mandate be made unequivocal and certain and that safety standards be established at the earliest practicable time, the bill directs the Secretary of Commerce to prescribe interim motor vehicle safety standards by January 31, 1967 (sec. 102). These standards are to be effective within 6 months to 1 year thereafter. Such interim standards, which will be promulgated before the Secretary is able to derive substantial benefit from the new research and development activities also authorized by the act, will necessarily be based upon existing public and private standards, evaluated in the light of available technical information.

Thus it is anticipated that in selecting interim standards, the Secretary will consider and evaluate the current GSA safety standards for Government-purchased vehicles (a copy of the current standards is included in the appendix to this report). The Secretary will also be expected to review ex

isting State motor vehicle standards as well as voluntary SAE standards to determine which may appropriately be used as a basis for interim national standards.

Subsequently, on or before January 31, 1968, and thereafter at least once every 2

14233

years, as Federal safety research and de-
velopment matures, the Secretary is directed
to issue new and revised standards (sec. 103
(a)). Unlike the General Services Admin-
istration's procurement standards, which are
primarily design specifications, both the
interim standards and the new and revised
standards are expected to be performance
standards, specifying the required minimum
safe performance of vehicles but not the
manner in which the manufacturer is to
achieve the specified performance (sec. 101
(b)). Manufacturers and parts suppliers
will thus be free to compete in developing and
selecting devices and structures that can
meet or surpass the performance standard.

The Secretary would thus be concerned
with the measurable performance of a brak-
ing system, but not its design details. Such
standards will be analogous to a building
code which specifies the minimum load-car-
rying characteristics of the structural mem-
bers of a building wall, but leaves the builder
free to choose his own materials and de-
sign. Such safe performance standards are
thus not intended or likely to stifle innova-
tion in automotive design.

In promulgating any standard, the Secretary is required to consider whether such 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 consider, also, the extent to which such standard would contribute to carrying out the purposes of the act (secs. 102(c) and 103 (c)). The Secretary is not expected to issue a standard covering every component and function of a motor vehicle, but only for those vehicle characteristics that have a significant bearing on safety.

The General Counsel of the Commerce Department stated in a letter to the committee: "The tests of reasonableness of cost, feasibility and adequate lead time should be included among those factors which the Secretary could consider in making his total Judgment."

The committee intends that safety shall be the overriding consideration in the issuance of standards under this bill. The committee recognizes, as the Commerce Department letter indicates, that the Secretary will necessarily consider reasonableness of cost, feasibility and adequate leadtime.

In determining whether any proposed standards is "appropriate" for the particular type of motor-vehicle equipment or item of motor-vehicle equipment for which it is prescribed, the committee intends that the Secretary will consider the desirability of affording consumers continued wide range of choices in the selection of motor vehicles. Thus it is not intended that standards will be set which will eliminate or necessarily be the same for small cars or such widely accepted models as convertibles and sports cars, so long as all motor vehicles meet basic minimum standards. Such differences, of course, would be based on the type of vehicle rather than its place of origin or any special circumstances of its manufacturer.

The bill provides that the new and revised standards shall become effective on a date specified by the Secretary, which shall be no sooner than 180 days nor later than 1 year from the date the standard is finally issued (seca. 102(b) and 108(b)), except that for good cause shown, the Secretary may specify a later effective date, but must publish his reasons therefor (sec. 103(b)).

The power to specify a later effective date is needed because it may be a practical economic and engineering impossibility, as well as a source of great hardship and unnecessary additional cost, to require that all vehicle changes required by any new safety standard, whatever its scope or subject matter, be accomplished by all manufacturers for

all their new vehicles within 1 year. When
changes can reasonably be accomplished in 1
year or less, the Secretary can so require.
But when manufacturers satisfy the Secre-
tary that a particular change cannot reason-
ably be accomplished within 1 year, the bill
gives him discretion to extend the period,
publishing his reasons therefor (sec. 103(b)).
PROCEDURES FOR THE PROMULGATION OF SAFETY

STANDARDS

In establishing standards, the Secretary is required to comply with the rulemaking procedures of the Administrative Procedure Act (sec. 103(a)). (The bill contemplates a streamlined rulemaking process for the establishment of interim standards (sec. 102).) The Secretary is not required to comply with sections 7 and 8 of APA requiring formal hearing. The APA (sec. 103 (f)), must maintain a record of the evidence and comments on which he bases the standards (sec. 118).

The Secretary is directed to consult with
the Vehicle Equipment Safety Commission,
and such other State and interstate agencies,
including legislative committees, as he deems
appropriate (sec. 103 (c)), in order to utilize
the experience existing in the States and to
encourage them to adopt standards which
are identical to the Federal ones (sec. 104).
The committee is mindful of the contribu-
tion which the States have made toward the
development of vehicle safety standards over
the years and expects this contribution to
continue in a consultative role. The Vehicle
Equipment Safety Commission is specifically
mentioned because 44 States and the Dis-
trict of Columbia are members of this or-
ganization, and it is the major existing
agency which has authority to propose uni-
form vehicle safety standards for the mem-
ber States to consider for adoption. It is,
of course, not intended that such consulta-
tion should delay or otherwise impede the
Secretary's development and promulgation
of standards.

The Secretary would be expected to give
public notice of any proposed new or revised
safety standards and to notify directly the
Vehicle Equipment Safety Commission, and
such other State or interstate agencies (in-
as he deems
cluding legislative committees)
appropriate, and to set a reasonable time for
public comment to give the Commission, and
other agencies and interested persons oppor-
tunity to study and comment on the pro-
posals (sec. 103 (c) (2)).

In addition, the bill expressly includes as
persons to be afforded an opportunity to
participate in the standard-setting process,
manufacturers, distributors and dealers of
motor vehicles and motor vehicle equipment,
public and private organizations, individuals
engaged to a significant extent in the promo-
tion or study of motor vehicle safety, and
insurance
automobile
underwriters (sec.

103 (e)).

In issuing each standard, the Secretary is expressly required to publish a statement of basis and purpose which provides a nontechnical explanation sumcient to enable the public to understand the purpose and, where appropriate, the limitations of the standard's coverage together with a technical statement setting forth the data necessary to an evaluation of the standard by competent technical personnel (sec. 103(d)).

Any person who believes himself to be adversely affected by the promulgation of a standard may obtain judicial review, in accordance with section 10 of the Administrative Procedure Act (sec. 105). The Administrative Procedure Act sets forth the longestablished criteria for judicial review of agency action and provides that agency andings shall be upheld if supported by substantial evidence on the record considered as a whole. That act also authorizes the reviewing court to stay the agency action pending review to the extent necessary to prevent irreparable injury.

619

ACCESS TO INFORMATION

In addition to material made available to the public under the Administrative Procedure Act, the Secretary is directed to make publicly available to any interested persons the record compiled in the proceedings for motor establishment of a vehicle safety standard. Such material shall include all testimony, documentary evidence and written submissions of data, views, or arguments and to the extent feasible, any nondocumentary evidence. The Secretary is authorized however, to withhold any data necessary to protect trade secrets (sec. 118.).

CERTIFICATION

Every manufacturer or distributor is required to furnish the person to whom he or item of motor supplies any vehicles vehicle equipment certification that such vehicle or item of equipment "conforms to all applicable Federal motor vehicle safety standards" (sec. 115).

The committee bill provides that the required certification may be in the form of a label or tag on the vehicle or item of equipment or on the outside of the container. The certification may also take some other form in appropriate cases: for example, those involving small items or small containers not suitable for tagging or labelling (sec. 115). In such cases, the certification could be provided in a seller's invoice or in such other form as the Secretary might by regulation authorize (sec. 122).

NOTIFICATION

In order to insure the uniform notification of car owners as to any safety-related defects and to facilitate the prompt curing of such defects, the bill provides that every manufacturer of motor vehicles notify the purchaser of any vehicle which the manufacturer determines, in good faith, contains a safety-related defect (sec. 118).

A "defect" is defined to include any defect in design, construction, components or materials in motor vehicles or motor vehicle equipment (sec. 101(1)). The term "defect" is used in the sense of an error or mistake in design, manufacture or assembly.

Such notification must be accomplished within a reasonable time (sec. 116(a)) after the manufacturer has discovered the defect and formulated the corrective procedure (sec. 116(c)) and must be made by certified mail to the first purchaser and by certified mail or more expeditious means to the manufacturer's dealer (sec. 116(b)). Moreover, the notification must contain a clear disclosure of the defect, an evaluation of the risks to tramc safety reasonably related to the defect and a statement of the measures to be taken to repair the defect (sec. 116(c)). In addition, every manufacturer is required to furnish the Secretary copies of all communications with his dealers relating to any defect, whether or not safety-related (sec. 116(d)).

The Secretary is directed to notify the manufacturer of any failure to conform to safety standards or any other safety-related defect which he determines to exist on the basis of evidence that comes to his attention through reports from manufacturers, Government research and testing, complaints or other sources, and to require that the manufacturer furnish the purchaser and dealer appropriate notification (sec. 116(e)).

This process would be in addition to and not in place of, nor a condition upon, taking any other enforcement action under the provisions of the act. The Secretary could elect to impose a civil penalty (sec. 110) for a violation and require notification of defects of noncompliance with a safety standard (sec. 116). The Attorney General could also seek an injunction to stop the sale of a noncomplying vehicle (sec. 111). These and all alternative enforcement techniques should be exercised within the administrative discretion of the responsible oficials.

The Secretary is also authorized to make public information concerning safety-related defects or noncompliance with standards where necessary for the public safety (sec. 116(d)).

The committee expects that the Secretary would use this power to publish defect information as a last resort. It is the committee's expectation that the Secretary would promptly review the matter with the manufacturer and give the manufacturer an opportunity to accomplish the required notification and correction through the manufacturer's own procedures. Publicity would be invoked only if the Secretary concluded that the manufacturer's own actions would fail or had falled to provide car owners with adequate and prompt notice on the existence and safety significance of the defect and the procedure for correction.

The committee also expects that the Secre-
tary will act with extreme caution to avoid
premature publicity of unevaluated reports
as to suspected defects, before the suspicions
have been evaluated. Premature publicity
of this type, of course, can cause undue pub-
lic alarm, with a damaging and unwarranted
effect on vehicle sales even though the sus-
picions may ultimately prove to be without
foundation.

RESEARCH, DEVELOPMENT, TESTING, AND
EVALUATION

The Secretary is given broad authority to
initiate and conduct research, testing, devel-
opment, and evaluation in cooperation with
other Federal departments and agencies.
The bill expressly authorizes data collection,
grants to States, interstate agencies, and
nonprofit institutions; authorizes the acqui-
sition of equipment and facilities and the
fabrication of motor vehicle equipment for
research and development purposes (§ 106
(a)).

In particular, the bill authorizes the Secretary to develop, through grant or contract, experimental safety vehicles in limited but sumclent quantities to serve as demonstrations for the testing and development of safety features applicable to commercially manufactured motor vehicles. These demonstration vehicles are not to be limited to traditional methods of automobile design, styling, testing or production (106(b)). Although this authority is discretionary, the committee expects the Secretary to initiate such development and the Department of Commerce has indicated that "work on experimental cars of this nature will start as soon as possible, both on a total systems basis as well as on selected systems components."

While the bill reported by the committee authorizes the Secretary to make grants or award contracts for research in certain cases, a principal aim is to encourage the auto industry itself to engage in greater auto safety and safety-related research. In recent years the firms comprising the industry have spent substantial sums for research, but they are capable of doing more. In the area of auto safety, expenditures have been relatively small.

AVOIDANCE OF DUPLICATION

In avoiding duplication among the facilities and services of other Federal departments and agencies, as required in section 121, the Secretary would be expected to use the existing facilities of the National Bureau of Standards and of the Public Health Service, and Bureau of Public Roads in addition to such facilities as he may establish.

COOPERATION AND TRAINING

The Secretary is authorized to cooperate with and enter into cooperative agreements with other Federal agencies, State or other public agencies, manufacturers of motor vehicles and motor vehicle equipment and other businesses, universities, or other institutions in the planning and development of safety standards, methods for inspecting or

14234

Vol. I

« PreviousContinue »