Form and content
Sec. 1. The vehicle equipment safety compact is hereby enacted
into law and entered into with all other jurisdictions legally joining
therein in the form substantially as follows:
ARTICLE 1
Findings and Purpose
(a) The party states find that:
(1) Accidents and deaths on their streets and highways present
a very serious human and economic problem with a major
deleterious effect on the public welfare.
(2) There is a vital need for the development of greater
interjurisdictional cooperation to achieve the necessary
uniformity in the laws, rules, regulations, and codes relating to
vehicle equipment, and to accomplish this by such means as
will minimize the time between the development of
demonstrably and scientifically sound safety features and their
incorporation into vehicles.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards for
equipment.
(2) Secure uniformity of law and administrative practice in
vehicular regulation and related safety standards to permit
incorporation of desirable equipment changes in vehicles in the
interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of
research which will facilitate the achievement of the foregoing
purposes, with due regard for the findings set forth in
subdivision (a) of this article.
(c) It is the intent of this compact to emphasize performance
requirements and not to determine the specific detail of engineering
in the manufacture of vehicles or equipment except to the extent
necessary for the meeting of such performance requirements.
ARTICLE 2
Definitions
As used in this compact:
(a) "Vehicle" means every device in, upon, or by which any
person or property is or may be transported or drawn upon a
highway, excepting devices moved by human power or used
exclusively upon stationary rails or tracks.
(b) "State" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto
Rico.
(c) "Equipment" means any part of a vehicle or any accessory for
use thereon which affects the safety of operation of such vehicle or
the safety of the occupants.
ARTICLE 3
The Commission
(a) There is hereby created an agency of the party states to be
known as the "Vehicle Equipment Safety Commission" hereinafter
called the commission. The commission shall be composed of one
(1) commissioner from each party state who shall be appointed, serve
and be subject to removal in accordance with the laws of the state
which he represents. If authorized by the laws of his party state, a
commissioner may provide for the discharge of his duties and the
performance of his functions on the commission, either for the
duration of his membership or for any lesser period of time, by an
alternate. No such alternate shall be entitled to serve unless
notification of his identity and appointment shall have been given to
the commission in such form as the commission may require. Each
commissioner, and each alternate, when serving in the place and
stead of a commissioner, shall be entitled to be reimbursed by the
commission for expenses actually incurred in attending commission
meetings or while engaged in the business of the commission.
(b) The commissioners shall be entitled to one (1) vote each on
the commission. No action of the commission shall be binding unless
taken at a meeting at which a majority of the total number of votes
on the commission are cast in favor thereof. Action of the
commission shall be only at a meeting at which a majority of the
commissioners, or their alternates, are present.
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among its
members, a chairman, a vice chairman, and a treasurer. The
commission may appoint an executive director and fix his duties and
compensation. Such executive director shall serve at the pleasure of
the commission, and together with the treasurer shall be bonded in
such amount as the commission shall determine. The executive
director also shall serve as secretary. If there be no executive
director, the commission shall elect a secretary in addition to the
other officers provided by this subdivision.
(e) Irrespective of the civil service, personnel, or other merit
system laws of any of the party states, the executive director with the
approval of the commission, or the commission if there be no
executive director, shall appoint, remove, or discharge such
personnel as may be necessary for the performance of the
commission's functions, and shall fix the duties and compensation of
such personnel.
(f) The commission may establish and maintain independently or
in conjunction with any one (1) or more of the party states, a suitable
retirement system for its full-time employees. Employees of the
commission shall be eligible for Social Security coverage in respect
of old age and survivor's insurance provided that the commission
takes such steps as may be necessary pursuant to the laws of the
United States, to participate in such program of insurance as a
governmental agency or unit. The commission may establish and
maintain or participate in such additional programs of employee
benefits as may be appropriate.
(g) The commission may borrow, accept, or contract for the
services of personnel from any party state, the United States, or any
subdivision or agency of the aforementioned governments, or from
any agency of two (2) or more of the party states or their
subdivisions.
(h) The commission may accept for any of its purposes and
functions under this compact any and all donations, and grants of
money, equipment, supplies, materials, and services, conditional or
otherwise, from any state, the United States, or any other
governmental agency and may receive, utilize, and dispose of the
same.
(i) The commission may establish and maintain such facilities as
may be necessary for the transacting of its business. The commission
may acquire, hold, and convey real and personal property and any
interest therein.
(j) The commission shall adopt bylaws for the conduct of its
business and shall have the power to amend and rescind these
bylaws. The commission shall publish its bylaws in convenient form
and shall file a copy thereof and a copy of any amendment thereto,
with the appropriate agency or officer in each of the party states. The
bylaws shall provide for appropriate notice to the commissioners of
all commission meetings and hearings and the business to be
transacted at such meetings or hearings. Such notice shall also be
given to such agencies or officers of each party state as the laws of
such party state may provide.
(k) The commission annually shall make to the governor and
legislature of each party state a report covering the activities of the
commission for the preceding year, and embodying such
recommendations as may have been issued by the commission. The
commission may make such additional reports as it may deem
desirable.
ARTICLE 4
Research and Testing
The commission shall have power to:
(a) Collect, correlate, analyze, and evaluate information resulting
or derivable from research and testing activities in equipment and
related fields.
(b) Recommend and encourage the undertaking of research and
testing in any aspect of equipment or related matters when, in its
judgment, appropriate or sufficient research or testing has not been
undertaken.
(c) Contract for such equipment research and testing as one (1) or
more governmental agencies may agree to have contracted for by the
commission, provided that such governmental agency or agencies
shall make available the funds necessary for such research and
testing.
(d) Recommend to the party states changes in law or policy with
emphasis on uniformity of laws and administrative rules, regulations,
or codes which would promote effective governmental action or
coordination in the prevention of equipment-related highway
accidents or the mitigation of equipment-related highway safety
problems.
ARTICLE 5
Vehicular Equipment
(a) In the interest of vehicular and public safety, the commission
may study the need for or desirability of the establishment of or
changes in performance requirements or restrictions for any item of
equipment. As a result of such study, the commission may publish a
report relating to any item or items of equipment, and the issuance of
such a report shall be a condition precedent to any proceedings or
other action provided or authorized by this article. No less than sixty
(60) days after the publication of a report containing the results of
such study, the commission upon due notice shall hold a hearing or
hearings at such place or places as it may determine.
(b) Following the hearing or hearings provided for in subdivision
(a) of this article, and with due regard for standards recommended by
appropriate professional and technical associations and agencies, the
commission may issue rules, regulations, or codes embodying
performance requirements or restrictions for any item or items of
equipment covered in the report, which in the opinion of the
commission will be fair and equitable and effectuate the purposes of
this compact.
(c) Each party state obligates itself to give due consideration to
any and all rules, regulations, and codes issued by the commission
and hereby declares its policy and intent to be the promotion of
uniformity in the laws of the several party states relating to
equipment.
(d) The commission shall send prompt notice of its action in
issuing any rule, regulation, or code pursuant to this article to the
appropriate motor vehicle agency of each party state and such notice
shall contain the complete text of the rule, regulation, or code.
(e) If the constitution of a party state requires, or if its statutes
provide, the approval of the legislature by appropriate resolution or
act may be made a condition precedent to the taking effect in such
party state of any rule, regulation, or code. In such event, the
commissioner of such party state shall submit any commission rule,
regulation, or code to the legislature as promptly as may be in lieu of
administrative acceptance or rejection thereof by the party state.
(f) Except as otherwise specifically provided in or pursuant to
subdivisions (e) and (g) of this article, the appropriate motor vehicle
agency of a party state shall in accordance with its constitution or
procedural laws adopt the rule, regulation, or code within six (6)
months of the sending of the notice, and, upon such adoption, the
rule, regulation, or code shall have the force and effect of law
therein.
(g) The appropriate motor vehicle agency of a party state may
decline to adopt a rule, regulation, or code issued by the commission
pursuant to this article if such agency specifically finds, after public
hearing on due notice, that a variation from the commission's rule,
regulation, or code is necessary to the public safety, and incorporates
in such finding the reasons upon which it is based. Any such finding
shall be subject to review by such procedure for review of
administrative determinations as may be applicable pursuant to the
laws of the party state. Upon request, the commission shall be
furnished with a copy of the transcript of any hearings held pursuant
to this subdivision.
ARTICLE 6
Finance
(a) The commission shall submit to the executive head or
designated officer or officers of each party state a budget of its
estimated expenditures for such period as may be required by the
laws of that party state for presentation to the legislature thereof.
(b) Each of the commission's budgets of estimated expenditures
shall contain specific recommendations of the amount or amounts to
be appropriated by each of the party states. The total amount of
appropriations under any such budget shall be apportioned among the
party states as follows: one-third (1/3) in equal shares; and the
remainder in proportion to the number of motor vehicles registered
in each party state. In determining the number of such registrations,
the commission may employ such source or sources of information
as, in its judgment, present the most equitable and accurate
comparisons among the party states. Each of the commission's
budgets of estimated expenditures and requests for appropriations
shall indicate the source or sources used in obtaining information
concerning vehicular registrations.
(c) The commission shall not pledge the credit of any party state.
The commission may meet any of its obligations in whole or in part
with funds available to it under Article 3(h) of this compact,
provided that the commission take specific action setting aside such
funds prior to incurring any obligation to be met in whole or in part
in such manner. Except where the commission makes use of funds
available to it under Article 3(h) hereof, the commission shall not
incur any obligation prior to the allotment of funds by the party states
adequate to meet the same.
(d) The commission shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the
commission shall be subject to the audit and accounting procedures
established under its rules. However, all receipts and disbursements
of funds handled by the commission shall be audited yearly by a
qualified public accountant and the report of the audit shall be
included in and become part of the annual reports of the commission.
(e) The accounts of the commission shall be open at reasonable
times for inspection by duly constituted officers of the party states
and by any persons authorized by the commission.
(f) Nothing contained herein shall be construed to prevent
commission compliance with laws relating to audit or inspection of
accounts by or on behalf of any government contributing to the
support of the commission.
ARTICLE 7
Conflict of Interest
(a) The commission shall adopt rules and regulations with respect
to conflict of interest for the bureaus of the party states, and their
alternates, if any, and for the staff of the commission and contractors
with the commission to the end that no member or employee or
contractor shall have a pecuniary or other incompatible interest in the
manufacture, sale, or distribution of motor vehicles or vehicular
equipment or in any facility or enterprise employed by the
commission or on its behalf for testing, conduct of investigation, or
research. In addition to any penalty for violation of such rules and
regulations as may be applicable under the laws of the violator's
jurisdiction of residence, employment, or business, any violation of
a commission rule or regulation adopted pursuant to this article shall
require the immediate discharge of any violating employee and the
immediate vacating of membership, or relinquishing of status as a
member of the commission by any bureau or alternate. In the case of
a contractor, any violation of any such rule or regulation shall make
any contract of the violator with the commission subject to
cancellation by the commission.
(b) Nothing contained in this article shall be deemed to prevent a
contractor for the commission from using any facilities subject to his
control in the performance of the contract even though such facilities
are not devoted solely to work of or done on behalf of the
commission; nor to prevent such a contractor from receiving
remuneration or profit from the use of such facilities.
ARTICLE 8
Advisory and Technical Committees
The commission may establish such advisory and technical
committees as it may deem necessary, membership on which may
include private citizens and public officials, and may cooperate with
and use the services of any such committees and the organizations
which the members represent in furthering any of its activities.
ARTICLE 9
Entry into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by
any six (6) or more states. Thereafter, this compact shall become
effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting
a statute repealing the same, but no such withdrawal shall take effect
until one (1) year after the executive head of the withdrawing state
has given notice in writing of the withdrawal to the executive heads
of all other party states. No withdrawal shall effect any liability
already incurred by or chargeable to a party state prior to the time of
such withdrawal.
ARTICLE 10
Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the Constitution of any state or of the
United States or the applicability thereof to any government, agency,
person, or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any state
participating herein, the compact shall remain in full force and effect
as to the remaining party states and in full force and effect as to the
state affected as to all severable matters.
As added by P.L.2-1991, SEC.16.
Last modified: May 27, 2006