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89TH CONGRESS , HOUSE OF REPRESENTATIVES I

Rd Session 5

REPORT No. 1776

VATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY

ACT OF 1966

JULY 28, 1966.-Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. STAGGERS, from the Committee on Interstate and Foreign

Commerce, submitted the following

REPORT

(To accompany H.R. 13228]

The Committee on Interstate and Foreign Commerce, to whom was referred the bill (H.R. 13228) 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, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendment to the text is as follows:

Strike out all after the enacting clause and insert in lieu thereof the following: That Congress hereby declares that the purpose of this Act is to reduce traffic accidents and deaths and injuries to persons resulting from traffic accidents. Therefore, Congress determines that it is necessary to establish motor vehicle safety standards for motor vehicles and cquipment in interstate commerce; to undertake and support necessary safety research and development; and to expand the national driver register.

TITLE I–MOTOR VEHICLE SAFETY STANDARDS SEC. 101. This Act may be cited as the “National Traffic and Motor Vehicle Safety Act of 1966". Seč. 102. As used in this title

(1) "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 construction or performance 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.

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

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(3) “Motor vehicle” means any vehicle driven or drawn by mechanical power manufactured primarily for use on the public streets, roads, and highways, except any vehicle operated exclusively on a rail or rails.

(4) “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.

(5) "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.

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

(7) "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.

(8) "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.

(9) “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.

(10) "Secretary” means Secretary of Commcrcc.

(11) "Person" means an individual, partnership, corporation, association, or other form of business enterprise.

(12) “Defect" includes any defect in performance, construction, components, or materials in motor vehicles or motor vehicle equipment.

(13) “United States district courts” means the Federal district courts of the United States and the l'nited States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.

(14) “Vehicle Equipment Safety Commission" means the Commission established pursuant to the joint resolution of the Congress relating to highway traffic safety, approved August 20, 1958 (72 Stat. 635), or as it may be hereafter reconstituted by law.

Sec. 103. (a) The Secretary shall establish by order appropriate Federal motor vehicle safety standards. Each such Federal motor vehicle safety standard shall be practicable, shall meet the need for motor vehicle safety, and shall be stated in objective terms.

(b) The Administrative Procedure Act shall apply to all orders establishing, amending, or revoking a Federal motor vehicle safety standard under this title.

(c) Each order establishing a Federal motor vehicle safety standard shall specify the date such standard is to take effect which shall not bč sooner than one hundred and eighty days or later than one year from the date such order is issued, unless the Secretary finds that an earlier or later effective date is in the public interest, and publishes his reasons for such finding

(d) Whenever a Federal motor vehicle safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, any safety standard applicable to the same aspect of motor vehicle and motor vehicle equipment performance which is not identical to the Federal standard. Nothing in this section shall be construed to prevent the Federal Government or the government of any State or political subdivision thereof from establishing a safety requirement applicable to motor vehicles or motor vehicle equipment procured for its own use if such requirement imposes a higher standard of performance than that required to comply with the otherwise applicable Federal standard.

(e) The Secretary may by order amend or revoke any Federal motor vehicle safety standard established under this section. Such order shall specify the date on which such amendment or revocation is to take effect which shall not be sooner than one hundred and eighty days or later than one year from the date the order is issued, unless the Secretary finds that an earlier or later effective date is in the public interest, and publishes his reasons for such finding. (f) 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;

(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. (8) In prescribing safety regulations covering motor vehicles subject to part II of the Interstate Commerce Act, as amended (49 U.S.C. 301 et seq.), or the Transportation of Explosives Act, as amended (18 U.S.C. 831-835), the Interstate Commerce Commission shall not adopt or continue in effect any safety regulation which differs from a motor vehicle safety standard issued by the Secretary under this title, except that nothing in this subsection shall be deemed to prohibit the Interstate Commerce Commission from prescribing for any motor vehicle operated by a carrier subject to regulation under either or both of such Acts, a safety regulation which imposes a higher standard of performance subsequent to its manufacture than that required to comply with the applicable Federal standard at the time of manufacture.

(b) The Secretary shall issue initial Federal motor vehicle safety standards based upon existing public safety standards on or before January 31, 1967. On or before January 31, 1968, the Secretary shall issue new and revised Federal motor vehicle safety standards under this title.

Sec. 104. (a) There is hereby established a National Motor Vehicle Safety Advisory Council which shall be composed of thirteen members appointed by the Secretary, one of whom shall be designated Chairman. Members of the Advisory Council shall be appointed from among persons outside the Federal Government and the members shall be representative of industry, State and local governments, and the public. Three of the members shall be representatives of those engaged in the manufacture of motor vehicles, two shall be representatives of those engaged in the manufacture of motor vehicle equipment, three shall be representatives of State and local governments, and five shall be representatives of the general public. Seven members of the Council shall constitute a quorum. The members of the Council shall be appointed for terms of four years, except that three of the members first appointed shall hold office for two years, five shall hold office for three years, and five shall hold office for four years, and any member appointed to fill a vacancy occurring prior to the expiration of the term to which his predecessor was appointed shall be appointed only for the remainder of such term. Any vacancy in the Council shall be filled in the same manner in which the original appointment was made..

**(b) The Secretary shall seek the advice and recommendations of the Advisory Council before establishing, amending, or revoking any motor vehicle safety standard under this Act.

(c) Members of the National Motor Vehicle Safety Advisory Council may be compensated at a rate not to exceed $100 per diem (including travel time) when engaged in the actual duties of the Advisory Council. Such members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5 of the Administrative Expenses Act of 1946 (5 U.S.C. 73b-2), for persons in the Government service employed intermittently. Payments under this section shall not render members of the Advisory Council employees or officials of the United States for any purpose.

SEC. 105. (a)(1) In a case of actual controversy as to the validity of any order under 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 Codc.

(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

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