ment when we go back and deal much more broadly than I feel we should, and the amendment raises this particular problem, but here without that proviso in it there might very well be a broad constitutional question that I, as an attorney, cannot answer. Mr. CRALEY. Mr. Chairman, I would leave that to the opinion of the courts. My amendment would require this safety feature, and I will let it stand at that. Mr. CUNNINGHAM. Mr. Chairman, I move to strike the requisite number of words. I desire to speak briefly to the subject that is before us. The gentleman suggested an amendment dealing with safety belts in school buses, et cetera. I have been studying that subject for 2 years. Earlier this year I introduced a bill to do that. We discussed it in our committee. But we feel, and I think it is a fact, that the Interstate Commerce Commission has authority to provide Mr. STAGGERS. Mr. Chairman, will Mr. CUNNINGHAM. I yield to the gentleman from West Virginia. Mr. STAGGERS. I understand the The CHAIRMAN. The question is on House Committee Report House Report 1776, Pages 15, 16, and 18 The most significant change made by the committee in the definition section was the deletion from the definition of motor vehicle of the exemption of those vehicles subject to part II of the Interstate Commerce Act or the Transportation of Explosives Act. Under the original bill, these vehicles would not have been subject to safety standards established by the Secretary. In its consideration of the bill it became clear to the committee that much confusion was created by this exemption. There appeared to be no way to determine with any certainty which vehicles would be subject to the standards and which would be exempt. This exemption was therefore removed. The definition of motor vehicle in the reported bill includes all vehicles driven or drawn by mechanical power. Thus, the Secretary of Commerce will have the authority to issue standards as to the manufacture, sale, and importation of all such vehicles. In order to insure that there would be the greatest uniformity possible between the standards established under this act and the regulations of the Interstate Commerce Commission as to safety, the 16 committee inserted as subsection (g) of section 103 a requirement that in prescribing safety regulations the Interstate Commerce Commission will not adopt or continue in effect any regulation on safety which is different from a safety standard issued under this title. The Interstate Commerce Commission, however, after manufacture, can impose a higher standard of safety performance on a motor vehicle subject to its jurisdiction. 14257 Uniformity of standards and ICC regulations.-Section 103(g) of the 18 reported bill requires the Interstate Commerce Commission not to adopt or continue in effect any safety regulation covering a motor vehicle subject to part II of the Interstate Commerce Act or the Transportation of Explosives Act which differs from a safety standard issued by the Secretary under this title. This subsection, however, is not to be construed to prohibit the Interstate Commerce Commission from prescribing for any motor vehicle operated by a carrier subject to regulation under either or both of these acts a safety regulation imposing a higher standard of performance after the manufacture of such a vehicle than that required to comply with the Federal safety standard at the time of manufacture. Since the definition of motor vehicle under this title encompasses all those vehicles driven or drawn by mechanical power and manufactured primarily for use on the public streets, roads, and highways, other than those operated exclusively on rails, it is necessary to insure that there be no conflict between the safety standards issued by the Secretary and the safety regulations issued by the Interstate Commerce Commission. This subsection provides that the Interstate Commerce Commission's regulations shall not differ from the safety standards issued by the Secretary. However, the Interstate Commerce Commission may impose on a motor vehicle operated by a carrier subject to its jurisdiction safety regulations requiring a higher standard of performance than that required at the time of manufacture of such vehicle. The committee found the problem of uniformity of regulations to be extremely complicated and gave the subject full consideration. It is the belief of the committee that the definition of motor vehicle in this reported bill together with this subsection eliminates the ambiguities in this area which were present in the introduced bill. It is expected by the committee that the Secretary will consult with the Interstate Commerce Commission to the fullest extent necessary in order to insure that there will be the maximum uniformity, compatible with safety, between the standards issued by the Secretary and the regulations issued by the Interstate Commerce Commission. Senate Passed Act Congressional Record-Senate Revised Federal motor vehicle safety (g) In prescribing standards under this section for any motor vehicle of substantially the same type and specifications as a vehicle subject to safety regulations under part II of the Interstate Commerce Act, as amended (19 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. Senate Debate Congressional Record-Senate Mr. MAGNUSON. Then the question of trucks arises agricultural exempt trucks, cɔmmon carrier trucks, private carrier trucks, which are now under the ICC. We left the authority for safety standards—which are good in the common carrier field-with the ICC, actually considering the size, weight, and the necessity of the speeds they must make to handle the great transportation system of this country. I guess that, pound for pound, as much as technology can devise, the common carrier is as safe as it can be made. I know there is no one within the sound of my voice who would not agree with me that probably some of the best drivers on the highways are truckdrivers. They are the most courteous and helpful. They have vehicles which in themselves are great, big, juggernauts which are capable of creating great destruction and hazards; but, technologically, they are as safe as they can be made by the ICC under its standards. Let me read from the report: 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 be created And the proposal provides that— safety regulation of all trucks and buses will be transferred to the Secretary of Transportation. Such regulations would be covered by that Department. When we come to agriculture-exempt trucks, and private carriers, over which the ICC still has jurisdiction as to minimum standards, there has been some question about the Department's having enough inspectors to do the job which we should like it to do. I doubt if it could be done wholly. But the example will be set by this bill so that manufacturers of trucks will themselves establish minimum standards. They are already doing it. Many trucks are custom built. They are built for a purpose. There would be variations in construction. Congressional Record-Senate Mr. MAGNUSON. Thus, the conferees adopted the House treatment of trucks and buses, which clarified the Secretary's authority to set standards for all trucks and buses, but preserved the authority of the ICC to require the addition of nonstructural safety features subsequent to manufacture. I yield to the Senator from Michigan. The PRESIDING OFFICER. Does the Senator from Maryland yield to the Senator from Michigan? Mr. TYDINGS. Mr. President, I ask unanimous consent that I may yield to the Senator from Michigan without losing my right to the floor. The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Michigan is recognized. Mr. HART. Mr. President, I have just two points on which I should like to hear the reaction of the able chairman of the committee. The first has to do with the standards that would be applied in the instances of trucks and buses. Would not the Secretary, in setting the initial standards for trucks and buses, generally have to follow the existing ICC safety regulations? Mr. MAGNUSON. Presumably the Secretary would have to rely, at least at the beginning, heavily upon the ICC standards. Of course, he is not limited to them. He may use any existing standards applicable to trucks or buses. Mr. HART. Does the chairman know of any existing safety standards for trucks and buses except the ICC regulations? Mr. MAGNUSON. No, I do not; and as the Senator knows, the ICC regulations are quite strict. Offhand I do not know of any. GSA regulations might apply to some light trucks that are used by the Government, but they would apply to only that type of vehicle. Mr. HART. Realizing the shortness of time between now and the end of January of next year, when the initial standards must be issued, and realizing, as the Senator says, that the ICC regulations appear to be, if not the only ones, certainly the most complete existing standards for trucks and buses Mr. MAGNUSON. And they are the result of long experience by the ICC in connection with safety regulations. Mr. HART. Indeed; and, additionally, the fact that manufacturers are now following those regulations in the production of buses and trucks-in view of those facts, is it not to be expected that the Secretary would use the ICC regulations as at least the general basis for his initial set of standards for trucks and buses? Mr. MAGNUSON. I think that would be a very reasonable expectation. At least to begin with. Mr. HART. In any event, the Secretary would be under the obligation to insure that they be, as the bill now reads, "reasonable, practicable, and appropriate for the particular vehicle." Mr. MAGNUSON. Yes; that is correct. Senate Committee Report Senate Report 1301, Page 5 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 ICC (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. Executive Communications Contains nothing helpful. As Introduced As H.R. 13228 in the House and S. 3005 in the Senate: 8 9 22 22 DEFINITIONS SEC. 101. As used in this title (c) "Motor vehicle" means any vehicle driven or drawn, 23 by mechanical or other power, primarily for use on the 24 public roads, streets and highways, other than (1) a vehicle 25 subject to safety regulations under part II of the Interstate 1 Commerce Act, as amended (chapter 8, title 49 of the 2 United States Code), or under the Transportation of Ex3 plosives Act as amended (sections 831-835 of chapter 39, 4 title 18 of the United States Code), and (2) a vehicle or 5 car operated exclusively on a rail or rails. Subsection 130(h) — As Enacted (h) The Secretary shall issue initial Federal motor vehicle safety standards based upon existing 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. 2 |