term "private agencies" as used in the House language covers, of course, the universities, institutions, and interested businesses such as manufacturers, dis

tributors, and dealers of motor vehicles and motor vehicle equipment which were specifically mentioned in the Senate provision.

Senate Committee Report

Senate Report 1301, Pages 4, 5, 6, and 7

The committee also recognizes that the broad powers conferred upon the Secretary, while essential to achieve improved traffic safety, could be abused in such a manner as to have serious adverse effects on the automotive manufacturing industry. The committee is not empowering the Secretary to take over the design and manufacturing functions of private industry. The committee expects that the Secretary will act responsibly and in such a way as to achieve stantial improvement in the safety characteristics of vehicles.

sub

It is the committee's judgment that enactment of this legislation 5 can further industry efforts to produce motor vehicles which are, in the first instance, not unduly accident prone; and perhaps, even more significantly, vehicles which, when involved in accidents, will prove crash-worthy enough to enable their occupants to survive with minimal injuries.

The Secretary would thus be concerned with the measurable 6 performance of a braking system, but not its design details. Such standards will be analogous to a building code which specifies the minimum load-carrying characteristics of the structural members of a building wall, but leaves the builder free to choose his own materials and design. Such safe performance standards are thus not intended or likely to stifle innovation 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 lead time.

In determining whether any proposed standard is "appropriate" for the particular type of motor-vehicle equipment or item of motorvehicle 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 (secs. 102(b) and 103(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 Secretary is directed to consult with the Vehicle Equipment 7 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 contribution 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 District of Columbia are members of this organization, and it is the major existing agency which has authority to propose uniform vehicle safety standards for the member States to consider for adoption. It is, of course, not intended that such consultation 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 (including legislative committees) as he deems appropriate, and to set a reasonable time for public comment to give the Commission, and other agencies and interested persons opportunity to study and comment on the proposals (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 promotion or study of motor vehicle safety, and automobile insurance underwriters (sec. 103(e)).

Executive Communications

Contains nothing helpful.

As Introduced

As H.R. 13228 in the House and S. 3005 in the Senate: contains no comparable provision.

Subsection 103(g) — As Enacted

74 Stat. 808.

(g) In prescribing safety regulations covering motor vehicles sub- Dual standards, ject to part II of the Interstate Commerce Act, as amended (49 U.S.C. prohibition. 301 et seq.), or the Transportation of Explosives Act, as amended (18 49 Stat. 543; U.S.C. 831-835), the Interstate Commerce Commission shall not adopt 54 Stat. 919. 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.

Conference Report

House Report 1919, Page 16

ICC PERFORMANCE STANDARDS

Section 103(g) of the House amendment and section 103(g) of the proposed conference substitute are identical. In the administration of this provision it is intended that higher ICC performance standards will relate to things which can be accomplished subsequent to manufacture, not to things which must be done during manufacture.

Same as enacted Act.

House Passed Act

House Debate

Congressional Record-House
August 17, 1966, 19630

In H.R. 13228 and H.R. 16515-the bill The other bill would exempt all vehicles introduced by me-all motor vehicles, subject to regulation by the Interstate including passenger cars, trucks of all Commerce Commission. Here we have kinds and buses, would be included in uniformity in manufacturing, and the the standards as rapidly as possible. ICC can require other devices as it finds This is a difference from the bill passed necessary for trucks and buses engaged by the other body and a significant one. in specific roles of interstate commerce.

Congressional Record-House

August 17, 1966, 19665 and 19666

Mr. CRALEY. Mr. Chairman, I offer of these schoolbuses to be equipped with an amendment. seat belts, or just newly manufactured schoolbuses?