§ 24-60-902 — Compact approved and ratified

Colorado § 24-60-902

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies and the governor shall enter into a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the form substantially as follows:

ARTICLE I

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 II

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 III

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 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 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 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 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 IV

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 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 V

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 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 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 VI

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 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 III (h) of this compact, provided that the commission takes 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 III (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 any reasonable time 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 VII

Conflict of Interest

(a) The commission shall adopt rules and regulations with respect to conflict
of interest for the commissioners 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 investigations 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 on the commission
by any commissioner 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 VIII

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 IX

Entry Into Force and Withdrawal

(a) This compact shall enter into force when enacted into law by any six 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 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
affect any liability already incurred by or chargeable to a party state prior to the
time of such withdrawal.

ARTICLE X

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.

Legislative History

Source: L. 63: p. 591, � 1. C.R.S. 1963: � 74-10-1.