§ 321D.1 — Power to enter into compact — terms

Iowa § 321D.1

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 321D: VEHICLE EQUIPMENT COMPACTS

Text

Thedirectoroftransportationmayenterintovehicleequipmentsafetycompactswithother
jurisdictions in substantially the following form and the contracting states agree:
1. Article I — Findings and purposes.
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 paragraph “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.
2. 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.
3. 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 the commissioner
represents. If authorized by the laws of the commissioner’s party state, a commissioner
may provide for the discharge of the commissioner’s duties and the performance of the
commissioner’s functions on the commission, either for the duration of the commissioner’s
membership or for any lesser period of time, by an alternate. No such alternate shall
be entitled to serve unless notification of the alternate’s 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
§321D.1, VEHICLE EQUIPMENT COMPACTS 2
number of votes on the commission are cast in favor thereof. Action of the commission shall
beonlyatameetingatwhichamajorityofthecommissioners, ortheiralternates, arepresent.
c. The commission shall have a seal.
d. The commission shall elect annually, from among its members, a chairperson, a vice
chairperson and a treasurer. The commission may appoint an executive director and fix
the executive director’s 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 paragraph.
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,
conditionalorotherwise, fromanystate, theUnitedStates, oranyothergovernmentalagency
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
areportcoveringtheactivitiesofthecommissionfortheprecedingyear, andembodyingsuch
recommendations as may have been issued by the commission. The commission may make
such additional reports as it may deem desirable.
4. 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
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governmental action or coordination in the prevention of equipment-related highway
accidents or the mitigation of equipment-related highway safety problems.
5. 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 paragraph “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 paragraphs “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 paragraph.
6. 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.
§321D.1, VEHICLE EQUIPMENT COMPACTS 4
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,
paragraph “h” of this compact, provided that the commission takes specific action setting
asidesuchfundspriortoincurringanyobligationtobemetinwholeorinpartinsuchmanner.
Except where the commission makes use of funds available to it under article III, paragraph
“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
dulyconstitutedofficersofthepartystatesandbyanypersonsauthorizedbythecommission.
f. Nothing contained herein shall be construed to prevent commission compliance with
lawsrelatingtoauditorinspectionofaccountsbyoronbehalfofanygovernmentcontributing
to the support of the commission.
7. 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 the contractor’s 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.
8. ArticleVIII—Advisoryandtechnicalcommittees. Thecommissionmayestablishsuch
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.
9. 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.

Legislative History

[C66, 71, 73, 75, 77, 79, 81, §321D.1]