CHAPTER 6. VEHICLE EQUIPMENT SAFETY COMPACT

IC 9-28-6
    Chapter 6. Vehicle Equipment Safety Compact

IC 9-28-6-1
Form and content
    Sec. 1. The vehicle equipment safety compact is hereby enactedinto law and entered into with all other jurisdictions legally joiningtherein 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 presenta very serious human and economic problem with a majordeleterious effect on the public welfare.
        (2) There is a vital need for the development of greaterinterjurisdictional cooperation to achieve the necessaryuniformity in the laws, rules, regulations, and codes relating tovehicle equipment, and to accomplish this by such means aswill minimize the time between the development ofdemonstrably 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 permitincorporation of desirable equipment changes in vehicles in theinterest of greater traffic safety.
        (3) To provide means for the encouragement and utilization ofresearch which will facilitate the achievement of the foregoingpurposes, with due regard for the findings set forth insubdivision (a) of this article.
    (c) It is the intent of this compact to emphasize performancerequirements and not to determine the specific detail of engineeringin the manufacture of vehicles or equipment except to the extentnecessary 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 anyperson or property is or may be transported or drawn upon ahighway, excepting devices moved by human power or usedexclusively upon stationary rails or tracks.
    (b) "State" means a state, territory, or possession of the UnitedStates, the District of Columbia, or the Commonwealth of PuertoRico.
    (c) "Equipment" means any part of a vehicle or any accessory foruse thereon which affects the safety of operation of such vehicle orthe safety of the occupants.

ARTICLE 3

The Commission

    (a) There is hereby created an agency of the party states to beknown as the "Vehicle Equipment Safety Commission" hereinaftercalled the commission. The commission shall be composed of one(1) commissioner from each party state who shall be appointed, serveand be subject to removal in accordance with the laws of the statewhich he represents. If authorized by the laws of his party state, acommissioner may provide for the discharge of his duties and theperformance of his functions on the commission, either for theduration of his membership or for any lesser period of time, by analternate. No such alternate shall be entitled to serve unlessnotification of his identity and appointment shall have been given tothe commission in such form as the commission may require. Eachcommissioner, and each alternate, when serving in the place andstead of a commissioner, shall be entitled to be reimbursed by thecommission for expenses actually incurred in attending commissionmeetings or while engaged in the business of the commission.
    (b) The commissioners shall be entitled to one (1) vote each onthe commission. No action of the commission shall be binding unlesstaken at a meeting at which a majority of the total number of voteson the commission are cast in favor thereof. Action of thecommission shall be only at a meeting at which a majority of thecommissioners, or their alternates, are present.
    (c) The commission shall have a seal.
    (d) The commission shall elect annually, from among itsmembers, a chairman, a vice chairman, and a treasurer. Thecommission may appoint an executive director and fix his duties andcompensation. Such executive director shall serve at the pleasure ofthe commission, and together with the treasurer shall be bonded insuch amount as the commission shall determine. The executivedirector also shall serve as secretary. If there be no executivedirector, the commission shall elect a secretary in addition to theother officers provided by this subdivision.
    (e) Irrespective of the civil service, personnel, or other meritsystem laws of any of the party states, the executive director with theapproval of the commission, or the commission if there be noexecutive director, shall appoint, remove, or discharge suchpersonnel as may be necessary for the performance of thecommission's functions, and shall fix the duties and compensation ofsuch personnel.
    (f) The commission may establish and maintain independently orin conjunction with any one (1) or more of the party states, a suitableretirement system for its full-time employees. Employees of thecommission shall be eligible for Social Security coverage in respectof old age and survivor's insurance provided that the commissiontakes such steps as may be necessary pursuant to the laws of theUnited States, to participate in such program of insurance as agovernmental agency or unit. The commission may establish andmaintain 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 fromany agency of two (2) or more of the party states or theirsubdivisions.
    (h) The commission may accept for any of its purposes andfunctions under this compact any and all donations, and grants ofmoney, equipment, supplies, materials, and services, conditional orotherwise, from any state, the United States, or any othergovernmental agency and may receive, utilize, and dispose of thesame.
    (i) The commission may establish and maintain such facilities asmay be necessary for the transacting of its business. The commissionmay acquire, hold, and convey real and personal property and anyinterest therein.
    (j) The commission shall adopt bylaws for the conduct of itsbusiness and shall have the power to amend and rescind thesebylaws. The commission shall publish its bylaws in convenient formand shall file a copy thereof and a copy of any amendment thereto,with the appropriate agency or officer in each of the party states. Thebylaws shall provide for appropriate notice to the commissioners ofall commission meetings and hearings and the business to betransacted at such meetings or hearings. Such notice shall also begiven to such agencies or officers of each party state as the laws ofsuch party 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 suchrecommendations as may have been issued by the commission. Thecommission may make such additional reports as it may deemdesirable.

ARTICLE 4

Research and Testing

    The commission shall have power to:
    (a) Collect, correlate, analyze, and evaluate information resultingor 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 itsjudgment, appropriate or sufficient research or testing has not beenundertaken.
    (c) Contract for such equipment research and testing as one (1) ormore governmental agencies may agree to have contracted for by thecommission, provided that such governmental agency or agenciesshall make available the funds necessary for such research andtesting.
    (d) Recommend to the party states changes in law or policy withemphasis on uniformity of laws and administrative rules, regulations,or codes which would promote effective governmental action orcoordination in the prevention of equipment-related highway

accidents or the mitigation of equipment-related highway safetyproblems.

ARTICLE 5

Vehicular Equipment

    (a) In the interest of vehicular and public safety, the commissionmay study the need for or desirability of the establishment of orchanges in performance requirements or restrictions for any item ofequipment. As a result of such study, the commission may publish areport relating to any item or items of equipment, and the issuance ofsuch a report shall be a condition precedent to any proceedings orother action provided or authorized by this article. No less than sixty(60) days after the publication of a report containing the results ofsuch study, the commission upon due notice shall hold a hearing orhearings 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 byappropriate professional and technical associations and agencies, thecommission may issue rules, regulations, or codes embodyingperformance requirements or restrictions for any item or items ofequipment covered in the report, which in the opinion of thecommission will be fair and equitable and effectuate the purposes ofthis compact.
    (c) Each party state obligates itself to give due consideration toany and all rules, regulations, and codes issued by the commissionand hereby declares its policy and intent to be the promotion ofuniformity in the laws of the several party states relating toequipment.
    (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 such noticeshall contain the complete text of the rule, regulation, or code.
    (e) If the constitution of a party state requires, or if its statutesprovide, the approval of the legislature by appropriate resolution oract may be made a condition precedent to the taking effect in suchparty state of any rule, regulation, or code. In such event, thecommissioner of such party state shall submit any commission rule,regulation, or code to the legislature as promptly as may be in lieu ofadministrative acceptance or rejection thereof by the party state.
    (f) Except as otherwise specifically provided in or pursuant tosubdivisions (e) and (g) of this article, the appropriate motor vehicleagency of a party state shall in accordance with its constitution orprocedural laws adopt the rule, regulation, or code within six (6)months of the sending of the notice, and, upon such adoption, therule, regulation, or code shall have the force and effect of lawtherein.
    (g) The appropriate motor vehicle agency of a party state maydecline to adopt a rule, regulation, or code issued by the commissionpursuant to this article if such agency specifically finds, after publichearing 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 findingshall be subject to review by such procedure for review ofadministrative determinations as may be applicable pursuant to thelaws of the party state. Upon request, the commission shall befurnished with a copy of the transcript of any hearings held pursuantto this subdivision.

ARTICLE 6

Finance

    (a) The commission shall submit to the executive head ordesignated officer or officers of each party state a budget of itsestimated expenditures for such period as may be required by thelaws of that party state for presentation to the legislature thereof.
    (b) Each of the commission's budgets of estimated expendituresshall contain specific recommendations of the amount or amounts tobe appropriated by each of the party states. The total amount ofappropriations under any such budget shall be apportioned among theparty states as follows: one-third (1/3) in equal shares; and theremainder in proportion to the number of motor vehicles registeredin each party state. In determining the number of such registrations,the commission may employ such source or sources of informationas, in its judgment, present the most equitable and accuratecomparisons among the party states. Each of the commission'sbudgets of estimated expenditures and requests for appropriationsshall indicate the source or sources used in obtaining informationconcerning 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 partwith funds available to it under Article 3(h) of this compact,provided that the commission take specific action setting aside suchfunds prior to incurring any obligation to be met in whole or in partin such manner. Except where the commission makes use of fundsavailable to it under Article 3(h) hereof, the commission shall notincur any obligation prior to the allotment of funds by the party statesadequate to meet the same.
    (d) The commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of thecommission shall be subject to the audit and accounting proceduresestablished under its rules. However, all receipts and disbursementsof funds handled by the commission shall be audited yearly by aqualified public accountant and the report of the audit shall beincluded in and become part of the annual reports of the commission.
    (e) The accounts of the commission shall be open at reasonabletimes for inspection by duly constituted officers of the party statesand by any persons authorized by the commission.
    (f) Nothing contained herein shall be construed to preventcommission compliance with laws relating to audit or inspection ofaccounts by or on behalf of any government contributing to thesupport of the commission.

ARTICLE 7

Conflict of Interest

    (a) The commission shall adopt rules and regulations with respectto conflict of interest for the bureaus of the party states, and theiralternates, if any, and for the staff of the commission and contractorswith the commission to the end that no member or employee orcontractor shall have a pecuniary or other incompatible interest in themanufacture, sale, or distribution of motor vehicles or vehicularequipment or in any facility or enterprise employed by thecommission or on its behalf for testing, conduct of investigation, orresearch. In addition to any penalty for violation of such rules andregulations as may be applicable under the laws of the violator'sjurisdiction of residence, employment, or business, any violation ofa commission rule or regulation adopted pursuant to this article shallrequire the immediate discharge of any violating employee and theimmediate vacating of membership, or relinquishing of status as amember of the commission by any bureau or alternate. In the case ofa contractor, any violation of any such rule or regulation shall makeany contract of the violator with the commission subject tocancellation by the commission.
    (b) Nothing contained in this article shall be deemed to prevent acontractor for the commission from using any facilities subject to hiscontrol in the performance of the contract even though such facilitiesare not devoted solely to work of or done on behalf of thecommission; nor to prevent such a contractor from receivingremuneration or profit from the use of such facilities.

ARTICLE 8

Advisory and Technical Committees

    The commission may establish such advisory and technicalcommittees as it may deem necessary, membership on which mayinclude private citizens and public officials, and may cooperate withand use the services of any such committees and the organizationswhich 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 byany six (6) or more states. Thereafter, this compact shall becomeeffective as to any other state upon its enactment thereof.
    (b) Any party state may withdraw from this compact by enactinga statute repealing the same, but no such withdrawal shall take effectuntil one (1) year after the executive head of the withdrawing statehas given notice in writing of the withdrawal to the executive headsof all other party states. No withdrawal shall effect any liabilityalready incurred by or chargeable to a party state prior to the time ofsuch withdrawal.

ARTICLE 10

Construction and Severability

    This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severableand if any phrase, clause, sentence, or provision of this compact isdeclared to be contrary to the Constitution of any state or of theUnited States or the applicability thereof to any government, agency,

person, or circumstance is held invalid, the validity of the remainderof this compact and the applicability thereof to any government,agency, person, or circumstance shall not be affected thereby. If thiscompact shall be held contrary to the constitution of any stateparticipating herein, the compact shall remain in full force and effectas to the remaining party states and in full force and effect as to thestate affected as to all severable matters.
As added by P.L.2-1991, SEC.16.

IC 9-28-6-2
Effect of regulations
    Sec. 2. Pursuant to Article 5(a) of the vehicle equipment safetycompact, it is the intention of this state and it is hereby provided thatno rule, regulation, or code issued by the vehicle equipment safetycommission in accordance with Article 5 of the compact takes effectuntil approved by an act of the general assembly.
As added by P.L.2-1991, SEC.16.

IC 9-28-6-3
Director of office of traffic safety
    Sec. 3. The commissioner from Indiana on the vehicle equipmentsafety commission is the director of the office of traffic safety.
As added by P.L.2-1991, SEC.16.

IC 9-28-6-4
Commission; cooperation and assistance from other agencies
    Sec. 4. Within appropriations available therefor, the departments,agencies, and officers of this state may cooperate with and assist thevehicle equipment safety commission within the scope contemplatedby Article 3(h) of the compact. The departments, agencies, andofficers of this state may generally cooperate with the commission.
As added by P.L.2-1991, SEC.16.

IC 9-28-6-5
Documents; filing; notice
    Sec. 5. Documents required to be filed by Article 3(j) of thecompact shall be filed with the office of traffic safety. Noticerequired by commission bylaws to be given under Article 3(j) of thecompact shall be given to the director of the office of traffic safety.
As added by P.L.2-1991, SEC.16.

IC 9-28-6-6
Budget
    Sec. 6. Under Article 6(a) of the compact, the vehicle equipmentsafety commission shall submit the commission's budgets to thebudget agency.
As added by P.L.2-1991, SEC.16.

IC 9-28-6-7
Inspection of accounts    Sec. 7. Under Article 6(e) of the compact, the budget agency mayinspect the accounts of the vehicle equipment safety commission.
As added by P.L.2-1991, SEC.16.

IC 9-28-6-8
Executive head
    Sec. 8. As used in Article 9(b) of the compact, "executive head",with reference to Indiana, means the governor.
As added by P.L.2-1991, SEC.16.