307.250. The "Vehicle Equipment Safety Compact" is hereby enacted intolaw and entered into with all other jurisdictions legally joining therein inthe form substantially as follows:
ARTICLE I
(a) The party states find that:
(1) Accidents and deaths on their streets and highways present a veryserious human and economic problem with a major deleterious effect on thepublic 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 such means as 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 for equipment.
(2) Secure uniformity of law and administrative practice in vehicularregulation and related safety standards to permit incorporation of desirableequipment changes in vehicles in the interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of researchwhich will facilitate the achievement of the foregoing purposes, with dueregard 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
As used in this compact:
(a) "Vehicle" means every device in, upon or by which any person orproperty is or may be transported or drawn upon a highway, excepting devicesmoved 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 usethereon which affects the safety of operation of such vehicle or the safety ofthe occupants.
ARTICLE III
(a) There is hereby created an agency of the party states to be known asthe "Vehicle Equipment Safety Commission" hereinafter called the Commission.The Commission shall be composed of one commissioner from each party state whoshall be appointed, serve and be subject to removal in accordance with thelaws of the state which he represents. If authorized by the laws of his partystate, a commissioner may provide for the discharge of his duties and theperformance of his functions on the Commission, either for the duration of hismembership or for any lesser period of time, by an alternate. No suchalternate shall be entitled to serve unless notification of his identity andappointment shall have been given to the Commission in such form as theCommission may require. Each commissioner, and each alternate, when servingin the place and stead of a commissioner, shall be entitled to be reimbursedby the Commission for expenses actually incurred in attending Commissionmeetings or while engaged in the business of the Commission.
(b) The commissioners shall be entitled to one vote each on theCommission. 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 thereof. Action of the Commission shall be only at a meeting atwhich 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, achairman, a vice chairman and a treasurer. The Commission may appoint anExecutive Director and fix his duties and compensation. Such ExecutiveDirector shall serve at the pleasure of the Commission, and together with theTreasurer shall be bonded in such amount as the Commission shall determine.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 other merit systemlaws of any of the party states, the Executive Director with the approval ofthe Commission, or the Commission if there be no Executive Director, shallappoint, remove or discharge such personnel as may be necessary for theperformance of the Commission's functions, and shall fix the duties andcompensation of such personnel.
(f) The Commission may establish and maintain independently or inconjunction with any one or more of the party states, a suitable retirementsystem for its full time employees. Employees of the Commission shall beeligible for Social Security coverage in respect of old age and survivor'sinsurance provided that the Commission takes such steps as may be necessarypursuant to the laws of the United States, to participate in such program ofinsurance as the governmental agency or unit. The Commission may establishand maintain or participate in such additional programs of employee benefitsas may be appropriate.
(g) The Commission may borrow, accept or contract for the services ofpersonnel from any party state, the United States, or any subdivision oragency of the aforementioned governments, or from any agency of two or more ofthe party states or their subdivisions.
(h) The Commission may accept for any of its purposes and functionsunder 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, utilizeand dispose of the same.
(i) The Commission may establish and maintain such facilities as may benecessary 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 businessand shall have the power to amend and rescind these bylaws. The Commissionshall publish its bylaws in convenient form and shall file a copy thereof anda copy of any amendment thereto, with the appropriate agency or officer ineach of the party states. The bylaws shall provide for appropriate notice tothe commissioners of all Commission meetings and hearings and the business tobe transacted at such meetings or hearings. Such notice shall also be givento such agencies or officers of each party state as the laws of such partystate may provide.
(k) The Commission annually shall make to the governor and legislatureof each party state a report covering the activities of the Commission for thepreceding year, and embodying such recommendations as may have been issued bythe Commission. The Commission may make such additional reports as it maydeem desirable.
ARTICLE IV
The Commission shall have power to:
(a) Collect, correlate, analyze and evaluate information resulting orderivable from research and testing activities in equipment and relatedfields.
(b) Recommend and encourage the undertaking of research and testing inany aspect of equipment or related matters when, in its judgment, appropriateor sufficient research or testing has not been undertaken.
(c) Contract for such equipment research and testing as one or moregovernmental agencies may agree to have contracted for by the Commission,provided that such governmental agency or agencies shall make available thefunds necessary for such research and testing.
(d) Recommend to the party states changes in law or policy with emphasison uniformity of laws and administrative rules, regulations or codes whichwould promote effective governmental action or coordination in the preventionof equipment-related highway accidents or the mitigation of equipment-relatedhighway safety problems.
ARTICLE V
(a) In the interest of vehicular and public safety, the Commission maystudy the need for or desirability of the establishment of or changes inperformance requirements or restrictions for any item of equipment. As aresult of such study, the Commission may publish a report relating to any itemor items of equipment, and the issuance of such a report shall be a conditionprecedent to any proceedings or other action provided or authorized by thisArticle. No less than sixty days after the publication of a report containingthe results of such study, the Commission upon due notice shall hold a hearingor hearings at such place or places as it may determine.
(b) Following the hearing or hearings provided for in subdivision (a) ofthis Article, and with due regard for standards recommended by appropriateprofessional and technical associations and agencies, the Commission may issuerules, regulations or codes embodying performance requirements or restrictionsfor any item or items of equipment covered in the report, which in the opinionof the Commission will be fair and equitable and effectuate the purposes ofthis compact.
(c) Each party state obligates itself to give due consideration to anyand all rules, regulations and codes issued by the Commission and herebydeclares its policy and intent to be the promotion of uniformity in the lawsof the several party states relating to equipment.
(d) The Commission shall send prompt notice of its action in issuing anyrule, regulation or code pursuant to this Article to the appropriate motorvehicle agency of each party state and such notice shall contain the completetext 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 or act maybe made a condition precedent to the taking effect in such party state of anyrule, regulation or code. In such event, the commissioner of such party stateshall submit any Commission rule, regulation or code to the legislature aspromptly as may be in lieu of administrative acceptance or rejection thereofby the party state.
(f) Except as otherwise specifically provided in or pursuant tosubdivisions (e) and (g) of this Article, the appropriate motor vehicle agencyof a party state shall in accordance with its constitution or procedural lawsadopt the rule, regulation or code within six months of the sending of thenotice, and, upon such adoption, the rule, regulation or code shall have theforce and effect of law therein.
(g) The appropriate motor vehicle agency of a party state may decline toadopt a rule, regulation or code issued by the Commission pursuant to thisArticle if such agency specifically finds, after public hearing on due notice,that a variation from the Commission's rule, regulation or code is necessaryto the public safety, and incorporate in such finding the reasons upon whichit is based. Any such finding shall be subject to review by such procedurefor review of administrative determinations as may be applicable pursuant tothe laws of the party state. Upon request, the Commission shall be furnishedwith a copy of the transcript of any hearings held pursuant to thissubdivision.
ARTICLE VI
(a) The Commission shall submit to the executive head or designatedofficer or officers of each party state a budget of its estimated expendituresfor such period as may be required by the laws of that party state forpresentation to the legislature thereof.
(b) Each of the Commission's budgets of estimated expenditures shallcontain specific recommendations of the amount or amounts to be appropriatedby each of the party states. The total amount of appropriations under anysuch budget shall be apportioned among the party states as follows: one-thirdin equal shares; and the remainder in proportion to the number of motorvehicles registered in each party state. In determining the number of suchregistrations, the Commission may employ such source or sources of informationas, in its judgment present the most equitable and accurate comparisons amongthe party states. Each of the Commission's budgets of estimated expendituresand requests for appropriations shall indicate the source or sources used inobtaining information concerning vehicular registrations.
(c) The Commission shall not pledge the credit of any party state. TheCommission may meet any of its obligations in whole or in part with fundsavailable to it under Article III(h) of this compact, provided that theCommission takes specific action setting aside such 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) hereof, theCommission shall not incur any obligation prior to the allotment of funds bythe party states adequate to meet the same.
(d) The Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Commission shall besubject to the audit and accounting procedures established under its rules.However, all receipts and disbursements of funds handled by the Commissionshall be audited yearly by a qualified public accountant and the report of theaudit shall be included in and become part of the annual reports of theCommission.
(e) The accounts of the Commission shall be open at any reasonable timefor inspection by duly constituted officers of the party states and by anypersons authorized by the Commission.
(f) Nothing contained herein shall be construed to prevent Commissioncompliance with laws relating to audit or inspection of accounts by or onbehalf of any government contributing to the support of the Commission.
ARTICLE VII
(a) The Commission shall adopt rules and regulations with respect toconflict of interest for the commissioners of the party states, and theiralternates, if any, and for the staff of the Commission and contractors withthe Commission to the end that no member or employee or contractor shall havea 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 suchrules and regulations as 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 vacatingof membership, or relinquishing of status as a member on the Commission by anycommissioner or alternate. In the case of a contractor, any violation of anysuch rule or regulation shall make any contract of the violator with theCommission subject to cancellation by the Commission.
(b) Nothing contained in this Article shall be deemed to prevent acontractor for the Commission from using any facilities subject to his controlin the performance of the contract even though such facilities are not devotedsolely to work of or done on behalf of the Commission; nor to prevent such acontractor from receiving remuneration or profit from the use of suchfacilities.
ARTICLE VIII
The Commission may establish such advisory and technical committees as itmay deem necessary, membership on which may include private citizens andpublic officials, and may cooperate with and use the services of any suchcommittees and the organizations which the members represent in furthering anyof its activities.
ARTICLE IX
(a) This compact shall enter into force when enacted into law by any sixor more states. Thereafter, this compact shall become effective as to anyother state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the executive head of the withdrawing state has given notice in writingof 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 such withdrawal.
ARTICLE X
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the Constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstances shallnot be affected thereby. If this compact shall be held contrary to theConstitution of any state participating herein, the compact shall remain infull force and effect as to the remaining party states and in full force andeffect as to the state affected as to all severable matters.
307.250. The "Vehicle Equipment Safety Compact" is hereby enacted intolaw and entered into with all other jurisdictions legally joining therein inthe form substantially as follows:
ARTICLE I
(a) The party states find that:
(1) Accidents and deaths on their streets and highways present a veryserious human and economic problem with a major deleterious effect on thepublic 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 such means as 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 for equipment.
(2) Secure uniformity of law and administrative practice in vehicularregulation and related safety standards to permit incorporation of desirableequipment changes in vehicles in the interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of researchwhich will facilitate the achievement of the foregoing purposes, with dueregard 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
As used in this compact:
(a) "Vehicle" means every device in, upon or by which any person orproperty is or may be transported or drawn upon a highway, excepting devicesmoved 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 usethereon which affects the safety of operation of such vehicle or the safety ofthe occupants.
ARTICLE III
(a) There is hereby created an agency of the party states to be known asthe "Vehicle Equipment Safety Commission" hereinafter called the Commission.The Commission shall be composed of one commissioner from each party state whoshall be appointed, serve and be subject to removal in accordance with thelaws of the state which he represents. If authorized by the laws of his partystate, a commissioner may provide for the discharge of his duties and theperformance of his functions on the Commission, either for the duration of hismembership or for any lesser period of time, by an alternate. No suchalternate shall be entitled to serve unless notification of his identity andappointment shall have been given to the Commission in such form as theCommission may require. Each commissioner, and each alternate, when servingin the place and stead of a commissioner, shall be entitled to be reimbursedby the Commission for expenses actually incurred in attending Commissionmeetings or while engaged in the business of the Commission.
(b) The commissioners shall be entitled to one vote each on theCommission. 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 thereof. Action of the Commission shall be only at a meeting atwhich 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, achairman, a vice chairman and a treasurer. The Commission may appoint anExecutive Director and fix his duties and compensation. Such ExecutiveDirector shall serve at the pleasure of the Commission, and together with theTreasurer shall be bonded in such amount as the Commission shall determine.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 other merit systemlaws of any of the party states, the Executive Director with the approval ofthe Commission, or the Commission if there be no Executive Director, shallappoint, remove or discharge such personnel as may be necessary for theperformance of the Commission's functions, and shall fix the duties andcompensation of such personnel.
(f) The Commission may establish and maintain independently or inconjunction with any one or more of the party states, a suitable retirementsystem for its full time employees. Employees of the Commission shall beeligible for Social Security coverage in respect of old age and survivor'sinsurance provided that the Commission takes such steps as may be necessarypursuant to the laws of the United States, to participate in such program ofinsurance as the governmental agency or unit. The Commission may establishand maintain or participate in such additional programs of employee benefitsas may be appropriate.
(g) The Commission may borrow, accept or contract for the services ofpersonnel from any party state, the United States, or any subdivision oragency of the aforementioned governments, or from any agency of two or more ofthe party states or their subdivisions.
(h) The Commission may accept for any of its purposes and functionsunder 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, utilizeand dispose of the same.
(i) The Commission may establish and maintain such facilities as may benecessary 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 businessand shall have the power to amend and rescind these bylaws. The Commissionshall publish its bylaws in convenient form and shall file a copy thereof anda copy of any amendment thereto, with the appropriate agency or officer ineach of the party states. The bylaws shall provide for appropriate notice tothe commissioners of all Commission meetings and hearings and the business tobe transacted at such meetings or hearings. Such notice shall also be givento such agencies or officers of each party state as the laws of such partystate may provide.
(k) The Commission annually shall make to the governor and legislatureof each party state a report covering the activities of the Commission for thepreceding year, and embodying such recommendations as may have been issued bythe Commission. The Commission may make such additional reports as it maydeem desirable.
ARTICLE IV
The Commission shall have power to:
(a) Collect, correlate, analyze and evaluate information resulting orderivable from research and testing activities in equipment and relatedfields.
(b) Recommend and encourage the undertaking of research and testing inany aspect of equipment or related matters when, in its judgment, appropriateor sufficient research or testing has not been undertaken.
(c) Contract for such equipment research and testing as one or moregovernmental agencies may agree to have contracted for by the Commission,provided that such governmental agency or agencies shall make available thefunds necessary for such research and testing.
(d) Recommend to the party states changes in law or policy with emphasison uniformity of laws and administrative rules, regulations or codes whichwould promote effective governmental action or coordination in the preventionof equipment-related highway accidents or the mitigation of equipment-relatedhighway safety problems.
ARTICLE V
(a) In the interest of vehicular and public safety, the Commission maystudy the need for or desirability of the establishment of or changes inperformance requirements or restrictions for any item of equipment. As aresult of such study, the Commission may publish a report relating to any itemor items of equipment, and the issuance of such a report shall be a conditionprecedent to any proceedings or other action provided or authorized by thisArticle. No less than sixty days after the publication of a report containingthe results of such study, the Commission upon due notice shall hold a hearingor hearings at such place or places as it may determine.
(b) Following the hearing or hearings provided for in subdivision (a) ofthis Article, and with due regard for standards recommended by appropriateprofessional and technical associations and agencies, the Commission may issuerules, regulations or codes embodying performance requirements or restrictionsfor any item or items of equipment covered in the report, which in the opinionof the Commission will be fair and equitable and effectuate the purposes ofthis compact.
(c) Each party state obligates itself to give due consideration to anyand all rules, regulations and codes issued by the Commission and herebydeclares its policy and intent to be the promotion of uniformity in the lawsof the several party states relating to equipment.
(d) The Commission shall send prompt notice of its action in issuing anyrule, regulation or code pursuant to this Article to the appropriate motorvehicle agency of each party state and such notice shall contain the completetext 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 or act maybe made a condition precedent to the taking effect in such party state of anyrule, regulation or code. In such event, the commissioner of such party stateshall submit any Commission rule, regulation or code to the legislature aspromptly as may be in lieu of administrative acceptance or rejection thereofby the party state.
(f) Except as otherwise specifically provided in or pursuant tosubdivisions (e) and (g) of this Article, the appropriate motor vehicle agencyof a party state shall in accordance with its constitution or procedural lawsadopt the rule, regulation or code within six months of the sending of thenotice, and, upon such adoption, the rule, regulation or code shall have theforce and effect of law therein.
(g) The appropriate motor vehicle agency of a party state may decline toadopt a rule, regulation or code issued by the Commission pursuant to thisArticle if such agency specifically finds, after public hearing on due notice,that a variation from the Commission's rule, regulation or code is necessaryto the public safety, and incorporate in such finding the reasons upon whichit is based. Any such finding shall be subject to review by such procedurefor review of administrative determinations as may be applicable pursuant tothe laws of the party state. Upon request, the Commission shall be furnishedwith a copy of the transcript of any hearings held pursuant to thissubdivision.
ARTICLE VI
(a) The Commission shall submit to the executive head or designatedofficer or officers of each party state a budget of its estimated expendituresfor such period as may be required by the laws of that party state forpresentation to the legislature thereof.
(b) Each of the Commission's budgets of estimated expenditures shallcontain specific recommendations of the amount or amounts to be appropriatedby each of the party states. The total amount of appropriations under anysuch budget shall be apportioned among the party states as follows: one-thirdin equal shares; and the remainder in proportion to the number of motorvehicles registered in each party state. In determining the number of suchregistrations, the Commission may employ such source or sources of informationas, in its judgment present the most equitable and accurate comparisons amongthe party states. Each of the Commission's budgets of estimated expendituresand requests for appropriations shall indicate the source or sources used inobtaining information concerning vehicular registrations.
(c) The Commission shall not pledge the credit of any party state. TheCommission may meet any of its obligations in whole or in part with fundsavailable to it under Article III(h) of this compact, provided that theCommission takes specific action setting aside such 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) hereof, theCommission shall not incur any obligation prior to the allotment of funds bythe party states adequate to meet the same.
(d) The Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Commission shall besubject to the audit and accounting procedures established under its rules.However, all receipts and disbursements of funds handled by the Commissionshall be audited yearly by a qualified public accountant and the report of theaudit shall be included in and become part of the annual reports of theCommission.
(e) The accounts of the Commission shall be open at any reasonable timefor inspection by duly constituted officers of the party states and by anypersons authorized by the Commission.
(f) Nothing contained herein shall be construed to prevent Commissioncompliance with laws relating to audit or inspection of accounts by or onbehalf of any government contributing to the support of the Commission.
ARTICLE VII
(a) The Commission shall adopt rules and regulations with respect toconflict of interest for the commissioners of the party states, and theiralternates, if any, and for the staff of the Commission and contractors withthe Commission to the end that no member or employee or contractor shall havea 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 suchrules and regulations as 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 vacatingof membership, or relinquishing of status as a member on the Commission by anycommissioner or alternate. In the case of a contractor, any violation of anysuch rule or regulation shall make any contract of the violator with theCommission subject to cancellation by the Commission.
(b) Nothing contained in this Article shall be deemed to prevent acontractor for the Commission from using any facilities subject to his controlin the performance of the contract even though such facilities are not devotedsolely to work of or done on behalf of the Commission; nor to prevent such acontractor from receiving remuneration or profit from the use of suchfacilities.
ARTICLE VIII
The Commission may establish such advisory and technical committees as itmay deem necessary, membership on which may include private citizens andpublic officials, and may cooperate with and use the services of any suchcommittees and the organizations which the members represent in furthering anyof its activities.
ARTICLE IX
(a) This compact shall enter into force when enacted into law by any sixor more states. Thereafter, this compact shall become effective as to anyother state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the executive head of the withdrawing state has given notice in writingof 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 such withdrawal.
ARTICLE X
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the Constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstances shallnot be affected thereby. If this compact shall be held contrary to theConstitution of any state participating herein, the compact shall remain infull force and effect as to the remaining party states and in full force andeffect as to the state affected as to all severable matters.
307.250. The "Vehicle Equipment Safety Compact" is hereby enacted intolaw and entered into with all other jurisdictions legally joining therein inthe form substantially as follows:
ARTICLE I
(a) The party states find that:
(1) Accidents and deaths on their streets and highways present a veryserious human and economic problem with a major deleterious effect on thepublic 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 such means as 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 for equipment.
(2) Secure uniformity of law and administrative practice in vehicularregulation and related safety standards to permit incorporation of desirableequipment changes in vehicles in the interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of researchwhich will facilitate the achievement of the foregoing purposes, with dueregard 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
As used in this compact:
(a) "Vehicle" means every device in, upon or by which any person orproperty is or may be transported or drawn upon a highway, excepting devicesmoved 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 usethereon which affects the safety of operation of such vehicle or the safety ofthe occupants.
ARTICLE III
(a) There is hereby created an agency of the party states to be known asthe "Vehicle Equipment Safety Commission" hereinafter called the Commission.The Commission shall be composed of one commissioner from each party state whoshall be appointed, serve and be subject to removal in accordance with thelaws of the state which he represents. If authorized by the laws of his partystate, a commissioner may provide for the discharge of his duties and theperformance of his functions on the Commission, either for the duration of hismembership or for any lesser period of time, by an alternate. No suchalternate shall be entitled to serve unless notification of his identity andappointment shall have been given to the Commission in such form as theCommission may require. Each commissioner, and each alternate, when servingin the place and stead of a commissioner, shall be entitled to be reimbursedby the Commission for expenses actually incurred in attending Commissionmeetings or while engaged in the business of the Commission.
(b) The commissioners shall be entitled to one vote each on theCommission. 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 thereof. Action of the Commission shall be only at a meeting atwhich 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, achairman, a vice chairman and a treasurer. The Commission may appoint anExecutive Director and fix his duties and compensation. Such ExecutiveDirector shall serve at the pleasure of the Commission, and together with theTreasurer shall be bonded in such amount as the Commission shall determine.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 other merit systemlaws of any of the party states, the Executive Director with the approval ofthe Commission, or the Commission if there be no Executive Director, shallappoint, remove or discharge such personnel as may be necessary for theperformance of the Commission's functions, and shall fix the duties andcompensation of such personnel.
(f) The Commission may establish and maintain independently or inconjunction with any one or more of the party states, a suitable retirementsystem for its full time employees. Employees of the Commission shall beeligible for Social Security coverage in respect of old age and survivor'sinsurance provided that the Commission takes such steps as may be necessarypursuant to the laws of the United States, to participate in such program ofinsurance as the governmental agency or unit. The Commission may establishand maintain or participate in such additional programs of employee benefitsas may be appropriate.
(g) The Commission may borrow, accept or contract for the services ofpersonnel from any party state, the United States, or any subdivision oragency of the aforementioned governments, or from any agency of two or more ofthe party states or their subdivisions.
(h) The Commission may accept for any of its purposes and functionsunder 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, utilizeand dispose of the same.
(i) The Commission may establish and maintain such facilities as may benecessary 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 businessand shall have the power to amend and rescind these bylaws. The Commissionshall publish its bylaws in convenient form and shall file a copy thereof anda copy of any amendment thereto, with the appropriate agency or officer ineach of the party states. The bylaws shall provide for appropriate notice tothe commissioners of all Commission meetings and hearings and the business tobe transacted at such meetings or hearings. Such notice shall also be givento such agencies or officers of each party state as the laws of such partystate may provide.
(k) The Commission annually shall make to the governor and legislatureof each party state a report covering the activities of the Commission for thepreceding year, and embodying such recommendations as may have been issued bythe Commission. The Commission may make such additional reports as it maydeem desirable.
ARTICLE IV
The Commission shall have power to:
(a) Collect, correlate, analyze and evaluate information resulting orderivable from research and testing activities in equipment and relatedfields.
(b) Recommend and encourage the undertaking of research and testing inany aspect of equipment or related matters when, in its judgment, appropriateor sufficient research or testing has not been undertaken.
(c) Contract for such equipment research and testing as one or moregovernmental agencies may agree to have contracted for by the Commission,provided that such governmental agency or agencies shall make available thefunds necessary for such research and testing.
(d) Recommend to the party states changes in law or policy with emphasison uniformity of laws and administrative rules, regulations or codes whichwould promote effective governmental action or coordination in the preventionof equipment-related highway accidents or the mitigation of equipment-relatedhighway safety problems.
ARTICLE V
(a) In the interest of vehicular and public safety, the Commission maystudy the need for or desirability of the establishment of or changes inperformance requirements or restrictions for any item of equipment. As aresult of such study, the Commission may publish a report relating to any itemor items of equipment, and the issuance of such a report shall be a conditionprecedent to any proceedings or other action provided or authorized by thisArticle. No less than sixty days after the publication of a report containingthe results of such study, the Commission upon due notice shall hold a hearingor hearings at such place or places as it may determine.
(b) Following the hearing or hearings provided for in subdivision (a) ofthis Article, and with due regard for standards recommended by appropriateprofessional and technical associations and agencies, the Commission may issuerules, regulations or codes embodying performance requirements or restrictionsfor any item or items of equipment covered in the report, which in the opinionof the Commission will be fair and equitable and effectuate the purposes ofthis compact.
(c) Each party state obligates itself to give due consideration to anyand all rules, regulations and codes issued by the Commission and herebydeclares its policy and intent to be the promotion of uniformity in the lawsof the several party states relating to equipment.
(d) The Commission shall send prompt notice of its action in issuing anyrule, regulation or code pursuant to this Article to the appropriate motorvehicle agency of each party state and such notice shall contain the completetext 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 or act maybe made a condition precedent to the taking effect in such party state of anyrule, regulation or code. In such event, the commissioner of such party stateshall submit any Commission rule, regulation or code to the legislature aspromptly as may be in lieu of administrative acceptance or rejection thereofby the party state.
(f) Except as otherwise specifically provided in or pursuant tosubdivisions (e) and (g) of this Article, the appropriate motor vehicle agencyof a party state shall in accordance with its constitution or procedural lawsadopt the rule, regulation or code within six months of the sending of thenotice, and, upon such adoption, the rule, regulation or code shall have theforce and effect of law therein.
(g) The appropriate motor vehicle agency of a party state may decline toadopt a rule, regulation or code issued by the Commission pursuant to thisArticle if such agency specifically finds, after public hearing on due notice,that a variation from the Commission's rule, regulation or code is necessaryto the public safety, and incorporate in such finding the reasons upon whichit is based. Any such finding shall be subject to review by such procedurefor review of administrative determinations as may be applicable pursuant tothe laws of the party state. Upon request, the Commission shall be furnishedwith a copy of the transcript of any hearings held pursuant to thissubdivision.
ARTICLE VI
(a) The Commission shall submit to the executive head or designatedofficer or officers of each party state a budget of its estimated expendituresfor such period as may be required by the laws of that party state forpresentation to the legislature thereof.
(b) Each of the Commission's budgets of estimated expenditures shallcontain specific recommendations of the amount or amounts to be appropriatedby each of the party states. The total amount of appropriations under anysuch budget shall be apportioned among the party states as follows: one-thirdin equal shares; and the remainder in proportion to the number of motorvehicles registered in each party state. In determining the number of suchregistrations, the Commission may employ such source or sources of informationas, in its judgment present the most equitable and accurate comparisons amongthe party states. Each of the Commission's budgets of estimated expendituresand requests for appropriations shall indicate the source or sources used inobtaining information concerning vehicular registrations.
(c) The Commission shall not pledge the credit of any party state. TheCommission may meet any of its obligations in whole or in part with fundsavailable to it under Article III(h) of this compact, provided that theCommission takes specific action setting aside such 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) hereof, theCommission shall not incur any obligation prior to the allotment of funds bythe party states adequate to meet the same.
(d) The Commission shall keep accurate accounts of all receipts anddisbursements. The receipts and disbursements of the Commission shall besubject to the audit and accounting procedures established under its rules.However, all receipts and disbursements of funds handled by the Commissionshall be audited yearly by a qualified public accountant and the report of theaudit shall be included in and become part of the annual reports of theCommission.
(e) The accounts of the Commission shall be open at any reasonable timefor inspection by duly constituted officers of the party states and by anypersons authorized by the Commission.
(f) Nothing contained herein shall be construed to prevent Commissioncompliance with laws relating to audit or inspection of accounts by or onbehalf of any government contributing to the support of the Commission.
ARTICLE VII
(a) The Commission shall adopt rules and regulations with respect toconflict of interest for the commissioners of the party states, and theiralternates, if any, and for the staff of the Commission and contractors withthe Commission to the end that no member or employee or contractor shall havea 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 suchrules and regulations as 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 vacatingof membership, or relinquishing of status as a member on the Commission by anycommissioner or alternate. In the case of a contractor, any violation of anysuch rule or regulation shall make any contract of the violator with theCommission subject to cancellation by the Commission.
(b) Nothing contained in this Article shall be deemed to prevent acontractor for the Commission from using any facilities subject to his controlin the performance of the contract even though such facilities are not devotedsolely to work of or done on behalf of the Commission; nor to prevent such acontractor from receiving remuneration or profit from the use of suchfacilities.
ARTICLE VIII
The Commission may establish such advisory and technical committees as itmay deem necessary, membership on which may include private citizens andpublic officials, and may cooperate with and use the services of any suchcommittees and the organizations which the members represent in furthering anyof its activities.
ARTICLE IX
(a) This compact shall enter into force when enacted into law by any sixor more states. Thereafter, this compact shall become effective as to anyother state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statuterepealing the same, but no such withdrawal shall take effect until one yearafter the executive head of the withdrawing state has given notice in writingof 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 such withdrawal.
ARTICLE X
This compact shall be liberally construed so as to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the Constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstance isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstances shallnot be affected thereby. If this compact shall be held contrary to theConstitution of any state participating herein, the compact shall remain infull force and effect as to the remaining party states and in full force andeffect as to the state affected as to all severable matters.
