§ 9-28-6-1 — Form and content

Indiana § 9-28-6-1

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 28: INTERSTATE COMPACTS AND AGREEMENTS
• Ch. 6: Vehicle Equipment Safety Compact

Text

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.
[Pre-1991 Recodification Citation: 9-8-5-1.]

Legislative History

As added by P.L.2-1991, SEC.16.