§ 31-23.1-1 - Compact enacted.
SECTION 31-23.1-1
§ 31-23.1-1 Compact enacted. – The vehicle equipment safety compact is enacted into law and entered into withall other jurisdictions legally joining in it in the form substantially asfollows:
VEHICLE EQUIPMENT SAFETY COMPACT
ARTICLE I
Findings and Purposes
(a) The party states find that:
(1) Accidents and deaths on their streets and highwayspresent a very serious human and economic problem with a major deleteriouseffect on the public welfare.
(2) There is a vital need for the development of greaterinterjurisdictional cooperation to achieve the necessary uniformity in thelaws, rules, regulations and codes relating to vehicle equipment, and toaccomplish this by any means that will minimize the time between thedevelopment of demonstrably and scientifically sound safety features and theirincorporation into vehicles.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards forequipment.
(2) Secure uniformity of law and administrative practice invehicular regulation and related safety standards to permit incorporation ofdesirable equipment changes in vehicles in the interest of greater trafficsafety.
(3) To provide means for the encouragement and utilization ofresearch which will facilitate the achievement of the foregoing purposes, withdue regard for the findings set forth in subdivision (a) of this article.
(c) It is the intent of this compact to emphasize performancerequirements and not to determine the specific detail of engineering in themanufacture of vehicles or equipment except to the extent necessary for themeeting of such performance requirements.
ARTICLE II
Definitions
As used in this compact:
(a) "Vehicle" means every device in, upon or by which anyperson or property is or may be transported or drawn upon a highway, exceptingdevices moved by human power or used exclusively upon stationary rails ortracks.
(b) "State" means a state, territory or possession of theUnited States, the District of Columbia, or the commonwealth of Puerto Rico.
(c) "Equipment" means any part of a vehicle or any accessoryfor use thereon which affects the safety of operation of such vehicle or thesafety of the occupants.
ARTICLE III
The Commission
(a) There is created an agency of the party states to beknown as the "vehicle equipment safety commission" referred to here as "thecommission". The commission shall be composed of one commissioner from eachparty state who shall be appointed, serve, and be subject to removal inaccordance with the laws of the state which he or she represents. If authorizedby the laws of that party state, a commissioner may provide for the dischargeof his or her duties and the performance of his or her functions on thecommission, either for the duration of his or her membership or for any lesserperiod of time, by an alternate. No such alternate shall be entitled to serveunless notification of his or her identity and appointment shall have beengiven to the commission in whatever form that the commission may require. Eachcommissioner, and each alternate, when serving in the place and stead of acommissioner, shall be entitled to be reimbursed by the commission for expensesactually incurred in attending commission meetings or while engaged in thebusiness of the commission.
(b) The commissioners shall be entitled to one vote each onthe commission. No action of the commission shall be binding unless taken at ameeting at which a majority of the total number of votes on the commission arecast in favor of that action. Action of the commission shall be only at ameeting at which a majority of the commissioners, or their alternates, arepresent.
(c) The commission shall have a seal.
(d) The commission shall elect annually, from among itsmembers, a chairman, a vice chairman and a treasurer. The commission mayappoint an executive director and fix his or her duties and compensation. Theexecutive director shall serve at the pleasure of the commission, and togetherwith the treasurer shall be bonded in any amount that the commission shalldetermine. The executive director also shall serve as secretary. If there be noexecutive director, the commission shall elect a secretary in addition to theother officers provided by this subdivision.
(e) Irrespective of the civil service, personnel or othermerit system laws of any of the party states, the executive director with theapproval of the commission, or the commission if there be no executivedirector, shall appoint, remove or discharge such personnel as may be necessaryfor the performance of the commission's functions, and shall fix the duties andcompensation of such personnel.
(f) The commission may establish and maintain independentlyor in conjunction with any one or more of the party states, a suitableretirement system for its full time employees. Employees of the commissionshall be eligible for social security coverage in respect of old age andsurvivor's insurance provided that the commission takes such steps as may benecessary pursuant to the laws of the United States, to participate in suchprogram of insurance as a governmental agency or unit. The commission mayestablish and maintain or participate in such additional programs of employeebenefits as may be appropriate.
(g) The commission may borrow, accept or contract for theservices of personnel from any party state, the United States, or anysubdivision or agency of the aforementioned governments, or from any agency oftwo (2) or more of the party states or their subdivisions.
(h) The commission may accept for any of its purposes andfunctions under this compact any and all donations, and grants of money,equipment, supplies, materials, and services, conditional or otherwise, fromany 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 any facilitiesthat may be necessary for the transacting of its business. The commission mayacquire, hold, and convey real and personal property and any interest in it.
(j) The commission shall adopt bylaws for the conduct of itsbusiness and shall have the power to amend and rescind these bylaws. Thecommission shall publish its bylaws in convenient form and shall file a copy ofthem and a copy of any amendment thereto, with the appropriate agency orofficer in each of the party states. The bylaws shall provide for appropriatenotice to the commissioners of all commission meetings and hearings and thebusiness to be transacted at those meetings or hearings. This notice shall alsobe given to those agencies or officers of each party state as the laws of thatparty state may provide.
(k) The commission annually shall make to the governor andlegislature of each party state a report covering the activities of thecommission for the preceding year, and embodying such recommendations as mayhave been issued by the commission. The commission may make such additionalreports as it may deem desirable.
ARTICLE IV
Research and Testing
The commission shall have power to:
(a) Collect, correlate, analyze and evaluate informationresulting or derivable from research and testing activities in equipment andrelated fields.
(b) Recommend and encourage the undertaking of research andtesting 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 any equipment research and testing that oneor more governmental agencies may agree to have contracted for by thecommission, provided that the governmental agency or agencies shall makeavailable the funds necessary for that research and testing.
(d) Recommend to the party states changes in law or policywith emphasis on uniformity of laws and administrative rules, regulations, orcodes which would promote effective governmental action or coordination in theprevention of equipment-related highway accidents or the mitigation ofequipment-related highway safety problems.
ARTICLE V
Vehicular Equipment
(a) In the interest of vehicular and public safety, thecommission may study the need for or desirability of the establishment of orchanges in performance requirements, or restrictions for any item of equipment.As a result of such a study, the commission may publish a report relating toany item or items of equipment, and the issuance of such a report shall be acondition precedent to any proceedings or other action provided or authorizedby this article. No less than sixty (60) days after the publication of a reportcontaining the results of such a study, the commission upon due notice shallhold a hearing or hearings at such place or places as it may determine.
(b) Following the hearing or hearings provided for insubdivision (a) of this article, and with due regard for standards recommendedby appropriate professional and technical associations and agencies, thecommission may issue rules, regulations, or codes embodying performancerequirements or restrictions for any item or items of equipment covered in thereport, which in the opinion of the commission will be fair and equitable andeffectuate the purposes of this compact.
(c) Each party state obligates itself to give dueconsideration to any and all rules, regulations, and codes issued by thecommission and declares its policy and intent to be the promotion of uniformityin the laws of the several party states relating to equipment.
(d) The commission shall send prompt notice of its action inissuing any rule, regulation or code pursuant to this article to theappropriate motor vehicle agency of each party state and that notice shallcontain the complete text of the rule, regulation or code.
(e) If the constitution of a party state requires, or if itsstatutes provide, the approval of the legislature by appropriate resolution oract may be made a prior condition to the taking effect in that party state ofany rule, regulation or code. In such event, the commissioner of that partystate shall submit any commission rule, regulation, or code to the legislatureas promptly as may be in lieu of administrative acceptance or rejection of itby the party state.
(f) Except as otherwise specifically provided in or pursuantto subdivisions (e) and (g) of this article, the appropriate motor vehicleagency of a party state shall in accordance with its constitution or procedurallaws adopt the rule, regulation or code within six (6) months of the sending ofthe notice, and upon adoption, the rule, regulation or code shall have theforce and effect of law in that state.
(g) The appropriate motor vehicle agency of a party state maydecline to adopt a rule, regulation or code issued by the commission pursuantto this article if that agency specifically finds, after public hearing on duenotice, that a variation from the commission's rule, regulation or code isnecessary to the public safety, and incorporates in that finding the reasonsupon which it is based. Any such finding shall be subject to review by whateverprocedure for review of administrative determinations as may be applicablepursuant to the laws of the party state. Upon request, the commission shall befurnished with a copy of the transcript of any hearings held pursuant to thissubdivision.
ARTICLE VI
Finance
(a) The commission shall submit to the executive head ordesignated officer or officers of each party state a budget of its estimatedexpenditures for that period as may be required by the laws of that party statefor presentation to its legislature.
(b) Each of the commission's budgets of estimatedexpenditures shall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states. The total amount of appropriationsunder any of these budgets shall be apportioned among the party states asfollows: one-third ( 1/3) in equal shares; and the remainder in proportion tothe number of motor vehicles registered in each party state. In determining thenumber of registrations, the commission may employ whatever source or sourcesof information as, in its judgment present the most equitable and accuratecomparisons among the party states. Each of the commission's budgets ofestimated expenditures and requests for appropriations shall indicate thesource or sources used in obtaining information concerning vehicularregistrations.
(c) The commission shall not pledge the credit of any partystate. The commission may meet any of its obligations in whole or in part withfunds available to it under article III(h) of this compact, provided that thecommission takes specific action setting aside those funds prior to incurringany obligation to be met in whole or in part in such manner. Except where thecommission makes use of funds available to it under article III(h) of thiscompact, the commission shall not incur any obligation prior to the allotmentof funds by party states adequate to meet them.
(d) The commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the commissionshall be subject to the audit and accounting procedures established under itsrules. However, all receipts and disbursements of funds handled by thecommission shall be audited yearly by a qualified public accountant and thereport of the audit shall be included in and become part of the annual reportsof the commission.
(e) The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers of the party statesand by any persons authorized by the commission.
(f) Nothing contained in this compact shall be construed toprevent commission compliance with laws relating to audit or inspection ofaccounts by or on behalf of any government contributing to the support of thecommission.
ARTICLE VII
Conflict of Interest
(a) The commission shall adopt rules and regulations withrespect to conflict of interest for the commissioners of the party states, andtheir alternates, if any, and for the staff of the commission and contractorswith the commission to the end that no member or employee or contractor shallhave a pecuniary or other incompatible interest in the manufacture, sale ordistribution of motor vehicles or vehicular equipment or in any facility orenterprise employed by the commission or on its behalf for testing, conduct ofinvestigations or research. In addition to any penalty for violation of anyrules and regulations that may be applicable under the laws of the violator'sjurisdiction of residence, employment or business, any violation of acommission rule or regulation adopted pursuant to this article shall requirethe immediate discharge of any violating employee and the immediate vacating ofmembership, or relinquishing of status as a member on the commission by anycommissioner or alternate. In the case of a contractor, any violation of anyrule or regulation shall make any contract of the violator with the commissionsubject to cancellation by the commission.
(b) Nothing contained in this article shall be deemed toprevent a contractor for the commission from using any facilities subject tothe contractor's control in the performance of the contract even though thosefacilities are not devoted solely to work of or done on behalf of thecommission; nor to prevent such a contractor from receiving remuneration orprofit from the use of those facilities.
ARTICLE VIII
Advisory and Technical Committees
The commission may establish any advisory and technicalcommittees as it may deem necessary, membership on which may include privatecitizens and public officials, and may cooperate with and use the services ofany of these committees and the organizations which the members represent infurthering any of its activities.
Entry into Force and Withdrawal
(a) This compact shall enter into force when enacted into lawby any six (6) or more states. Thereafter, this compact shall become effectiveas to any other state upon its enactment of it.
(b) Any party state may withdraw from this compact byenacting a statute repealing it, but no withdrawal shall take effect until oneyear after the executive head of the withdrawing state has given notice inwriting of the withdrawal to the executive heads of all other party states. Nowithdrawal shall affect any liability already incurred by or chargeable to aparty state prior to the time of that withdrawal.
ARTICLE X
Construction and Severability
This compact shall be liberally construed so as to effectuateits purposes. The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability of it to any government, agency, person or circumstances is heldinvalid, the validity of the remainder of this compact and the applicability ofit to any government, agency, person or circumstance shall not be affected byit. If this compact shall be held contrary to the constitution of any stateparticipating in it, the compact shall remain in full force and effect as tothe remaining party states and in full force and effect as to the stateaffected as to all severable matters.