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This legislation does not purport to establish standards for motor vehicles or motor vehicle equipment to be used entirely outside the United States.

Senate Passed Act

Congressional Record-Senate June 24, 1966, 14258

(b) (1) Paragraph (1) of subsection (a) shall not apply to the sale, the oder for salo, or the introduction or delivery for introduce tion, in Interstato commerco, or importation into the United Statou, of any motor vehicle or item of motor vehicle equipment after the Orst purchase of it in good faith for purposes other than rosalo, or to any person who establishes that he did not know and did not have reason to know in the exerciso of due care that such vebicle or item of motor vehicle equipment was not in conformity with such standard, or to any per Son, who, prior to such arst purchase, holds a certidcato issued by the manufacturer or importer of such motor vehiclo or motor vohicle equipment, to the effect that such vobiclo or equipment conforms to all applicablo Federal motor vehicle standards, unless such person knows that such vehicle or equipment does not so conform. Paragraph (8) of subsection (a) shall not apply to any person who establishes that he did not know and did not have reason to know in the exercise of due care that such vebicle or Itam of motor vehiclo 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 tho Treasury and the Secrotary may, by such regulations, provide for authorizing the importation of such motor vehiclo or Item of motor vehicle equipment into tho United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriato to insuro that any such motor vehicle or item of motor vehicle oquipment will be brought into conformity with any applicablo Federal motor vehicle saloty 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 vebicle or item of motor vebicle equipment, after the first purchase of it in good faith for purposes other than resale, notwithstand. ing 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 in. tended 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.

Senate Debate

Congressional Record-Senate
June 24, 1966, 14230

Mr. MAGNUSON.

What do we do about used cars?

We thought for a while that we might require a used car dealer, or the seller of a used car, to put a stamp on the wind. shield of the car for the buyer to look at, which would state that the car had complied with State safety regulations at its last inspection, but we found that here

we were getting into the complex field of States rights.

We decided that the Secretary should immediately proceed to discuss with the States this matter of used cars, and when they are sold, to see if they cannot come up with some uniform laws, so that the buyer of a used car will at least know

that the car, even though it may be older and not so inherently safe as a new one, did comply at least with the stringent laws of the State itself.

I know that some cars are sold that

should not be allowed on the highways, but the States must devise means, with the cooperation of the Federal Government, to see to it that once they are on the highway, they do comply.

Congressional Record-Senate June 24, 1966, 14231 and 14232

Mr. MAGNUSON.

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. MUlions 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 & portion of the American market, and they know that they will not be able to retain a portion of the American market unless 14232 they build safer cars. So unquestionably the work of the Senator and his committee has had a worldwide impact.

Congressional Record-Senate June 24, 1966, 14251

Mr. HART.

In this business of auto safety, we should also see that new car design is not the only factor. The competence of the driver is important. The design of the highway is important. The quality of law enforcement is important.

But so is the mechanical condition of the car after it has been on the road a few years.

Consequently, there is one strengthening feature of the bill that I have pushed for in committee and am glad is included.

It is the used-car inspection clause. The bil directs the secretary of Commerce to report to Congress within a year how we can insure that used cars operated and sold are up to safety standards.

Used-car inspection is not something the Federal Government can or should

embark on directly. It is a matter best handled by strong State Inspection programs.

In the fervent and justifiable drive to gain new car safety design, let us not neglect the fact that safety is also endangered by brakes without linings and tires without tread, by faulty wheel alinements and cracked headlights.

This too, I think, would importantly increase the motorist's chances of survival.

If we are at last ready to concern ourselves with the problems of highway safety, then let us commit ourselves on every front where there is a chance of success.

Congressional Record-Senate
August 18, 1966, 19863

Mr. MAGNUSON. Yes. Let me say to abandon, it, but because of the practicalthe Senator from New Hampshire, who ities involved, we directed the Secretary did so much in working on the bill in the to guide us on used car standards. He Commerce Committee, I think that we would be required to report after 1 year. will have to take a good, long, hard look The two versions are not necessarily at at both provisions relating to used cars. variance, but both committees in the The House has a used car feature, and House and Senate are looking for a pracas the Senator knows, we decided not to tical solution to the used car situation.

[blocks in formation]

In recognition of the fact that the setting of new car standards is a partial solution to the problem of motor vehicle safety, the bill expresses a congressional policy "to encourage and strengthen the enforcement of State inspection of used motor vehicles” (sec. 117(a)).

In addition, the Secretary is directed to conduct a thorough study and investigation to determine the adequacy of motor vehicle safety standards and motor vehicle inspection requirements and procedures in each State and the effect of programs authorized by this bill upon such used car standards, requirements, and procedures (sec. 117(b)). The Secretary is directed to report to Congress not later than 1 year after enactment of the bill the results of such study, together with such legislative recommendations as he may deem necessary in the interests of traffic safety (sec. 117(b)).

Executive Communications

Contains nothing helpful.

As Introduced

As H.R. 13228 in the House and S. 3005 in the Senate:

Ission

IS ISS

15 (6) (1) Paragraph (1) of subsection (a) shall not 12 16 apply to the sale, the offer for sale, or the introduction or 17 delivery for introduction in interstate commerce of any motor 18 vehicle or motor vehicle equipment after the first purchase 19 of it in good faith for purposes other than resale. 20 (2) A motor vehicle or item of motor vehicle equip21 ment offered for importation in violation of paragraph (1) of 22 subsection (a) shall be refused admission into the United 23 States under joint regulations issued by the Secretary of the 24 Treasury and the Secretary; except that the Secretary of the 25 Treasury and the Secretary may, by such regulations, pro

1 vide for authorizing the importation of such motor vehicle 13 2 or item of motor vehicle equipment into the United States 3 upon such terms and conditions (including the furnishing of 4 a bond) as may appear to them appropriate to insure that 5 any such motor vehicle or item of motor vehicle equipment 6 will be brought into conformity with any applicable Federal 7 motor vehicle safety standard prescribed under this title, or 8 will be exported or abandoned to the United States. 9 (3) The Secretary of the Treasury and the Secretary

nsu

10 may, by joint regulations, permit the temporary importation 11 of any motor vehicle or item of motor vehicle equipment, 12 after the first purchase of it in good faith for purposes other 13 than resale, notwithstanding paragraph (2) of this sub14 section. 15 (4) Paragraph (1) of subsection (a) shall not apply 16 in the case of a motor vehicle or item of motor vehicle equip17 ment intended solely for export, and so labeled or tagged on 18 the vehicle or item itself and on the outside of the container, 19 if any.

Subsection 108(c) — As Enacted

(c) Compliance with any Federal motor vehicle safety standard issued under this title does not exempt any person from any liability under conimon law.

Conference Report

Contains nothing helpful.

House Passed Act

Same as enacted Act.

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