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49 U.S.C. § 30127Automatic occupant crash protection and seat belt use

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 1,294 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law required U.S. passenger cars, and later trucks, buses, and smaller multipurpose vehicles, to be phased in with airbags and lap-and-shoulder belts on a strict 1990s timetable. It also required owner-manual warnings, temporary exemptions for parts shortages, government reporting on how well belts and airbags work, and airbags in the government's own car fleet.

(a) Definitions. In this section: (1) "bus" means a motor vehicle with an engine, other than a trailer, built to carry more than 10 people. (2) "multipurpose passenger vehicle" means a motor vehicle with an engine, other than a trailer, built to carry no more than 10 people, made on a truck frame or with special features for occasional off-road use. (3) "passenger car" means a motor vehicle with an engine, other than a multipurpose passenger vehicle, motorcycle, or trailer, built to carry no more than 10 people. (4) "truck" means a motor vehicle with an engine, other than a trailer, built mainly to carry cargo or special equipment. (b) Inflatable restraint requirements. (1) By September 1, 1993, the Secretary of Transportation had to amend Federal Motor Vehicle Safety Standard 208 (issued under the National Traffic and Motor Vehicle Safety Act of 1966). The amendment requires that both front outer seats in certain vehicles have an inflatable restraint — an airbag — plus lap-and-shoulder belts, meeting Standard 208's protection rules, phased in as follows: (A) 95 percent of each manufacturer's passenger cars made after August 31, 1996 and before September 1, 1997. (B) 80 percent of each manufacturer's buses, multipurpose vehicles, and trucks weighing 8,500 pounds or less (gross vehicle weight) with an unloaded weight of 5,500 pounds or less — excluding walk-in vans and vehicles sold only to the Postal Service — made after August 31, 1997 and before September 1, 1998. (C) 100 percent of passenger cars made after August 31, 1997. (D) 100 percent of the vehicles described in (B) made after August 31, 1998. (2) After August 31, 1998, manufacturers cannot use compliance credits earned before that date to meet the 100-percent requirement in (1)(D). (c) Owner manual requirements. When Standard 208 is amended, owner's manuals for cars, buses, multipurpose vehicles, and trucks equipped with an inflatable restraint must clearly state: (1) the front outer seats have an inflatable restraint, called an "airbag," plus a lap-and-shoulder belt; (2) the airbag is a supplement, not a substitute, for the belts; (3) the belts must still be worn correctly to protect against frontal crashes and other kinds of crashes; and (4) occupants should always wear their lap-and-shoulder belts, or other available safety belts, whether or not the vehicle has an airbag. (d) Seat belt use laws. Congress finds it is in the public interest for every state to pass and enforce mandatory seat belt laws, and for the federal government to adopt and enforce its own mandatory seat belt regulations. (e) Temporary exemptions. (1) A manufacturer may apply, and the Secretary may temporarily exempt its vehicles from the requirements in subsections (b) and (c), on terms the Secretary sets. An exemption can be renewed. (2) The Secretary may grant this only if a disruption in supplying an inflatable-restraint component, or in using and installing it, caused by an unavoidable event outside the manufacturer's control, will stop the manufacturer from reaching its expected production of vehicles with those restraints. (3) Only the affected manufacturer may apply. The Secretary must specify, in the Standard 208 amendment, what the application must include; the manufacturer must list the affected models, lines, and types, and the Secretary may combine similar applications from different manufacturers. (4) An exemption or renewal requires the manufacturer to commit to recalling the exempted vehicles later to install the missing airbags, on a timeline the manufacturer proposes and the Secretary approves, once the parts become available in enough quantity. (5) The Secretary must publish in the Federal Register every application and every decision to grant or deny an exemption, along with the reasons. (6) Exempted vehicles need a label that can only be removed after the recall and installation happen. The dealer and the vehicle's first retail buyer must get written notice of the exemption, in a way and with the content the Secretary decides is appropriate. (f) Application. (1) This section revises, but does not replace, Standard 208 as it stood on December 18, 1991, including the March 26, 1991 amendment, extending automatic crash-protection requirements — with incentives for better designs — to trucks, buses, and multipurpose vehicles. It should not be read as (A) changing any other law the Secretary of Transportation enforces for these vehicle types, or (B) setting a precedent for developing or prescribing future vehicle safety standards. (2) Nothing in this section, or in the Standard 208 amendments made under it, should be read as showing that Congress meant to affect a manufacturer's liability under other law for vehicles with or without inflatable restraints. (g) Report. (1) From October 1, 1992 through October 1, 2000, the Secretary had to report each year on how effective occupant restraint systems are — measured as a percentage reduction in deaths or injuries for restrained versus unrestrained occupants — for (A) inflatable restraints combined with lap-and-shoulder belts, (B) inflatable restraints alone, and (C) lap-and-shoulder belts alone. (2) Working with the Secretaries of Labor and Defense, the Secretary also had to provide information and analysis on lap-and-shoulder belt use, nationally and in each state, by (A) military personnel, (B) government, state, and local law enforcement officers, (C) other government and state employees, and (D) the public. (h) Airbags for government cars. Working with the Administrator of General Services and other federal agency heads, the Secretary must run a program — consistent with procurement law and available funding — requiring passenger cars bought for government use: (1) after September 30, 1994, to have driver-side inflatable restraints, to the maximum extent practical; and (2) after September 30, 1996, to have inflatable restraints for both front outer seats, to the maximum extent practical.
the actual law source: uscode.house.gov ↗public domain
(a)Definitions.—

In this section—

(1)

“bus” means a motor vehicle with motive power (except a trailer) designed to carry more than 10 individuals.

(2)

“multipurpose passenger vehicle” means a motor vehicle with motive power (except a trailer), designed to carry not more than 10 individuals, that is constructed either on a truck chassis or with special features for occasional off-road operation.

(3)

“passenger car” means a motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not more than 10 individuals.

(4)

“truck” means a motor vehicle with motive power (except a trailer) designed primarily to transport property or special purpose equipment.

(b)Inflatable Restraint Requirements.—
(1)

Not later than September 1, 1993, the Secretary of Transportation shall prescribe under this chapter an amendment to Federal Motor Vehicle Safety Standard 208 issued under the National Traffic and Motor Vehicle Safety Act of 1966. The amendment shall require that the automatic occupant crash protection system for both of the front outboard seating positions for each of the following vehicles be an inflatable restraint (with lap and shoulder belts) complying with the occupant protection requirements under section 4.1.2.1 of Standard 208:

(A)

95 percent of each manufacturer’s annual production of passenger cars manufactured after August 31, 1996, and before September 1, 1997.

(B)

80 percent of each manufacturer’s annual production of buses, multipurpose passenger vehicles, and trucks (except walk-in van-type trucks and vehicles designed to be sold only to the United States Postal Service) with a gross vehicle weight rating of not more than 8,500 pounds and an unloaded vehicle weight of not more than 5,500 pounds manufactured after August 31, 1997, and before September 1, 1998.

(C)

100 percent of each manufacturer’s annual production of passenger cars manufactured after August 31, 1997.

(D)

100 percent of each manufacturer’s annual production of vehicles described in clause (B) of this paragraph manufactured after August 31, 1998.

(2)

Manufacturers may not use credits and incentives available before September 1, 1998, under the provisions of Standard 208 (as amended by this section) to comply with the requirements of paragraph (1)(D) of this subsection after August 31, 1998.

(c)Owner Manual Requirements.—

In amending Standard 208, the Secretary of Transportation shall require, to be effective as soon as possible after the amendment is prescribed, that owner manuals for passenger cars, buses, multipurpose passenger vehicles, and trucks equipped with an inflatable restraint include a statement in an easily understandable format stating that—

(1)

either or both of the front outboard seating positions of the vehicle are equipped with an inflatable restraint referred to as an “airbag” and a lap and shoulder belt;

(2)

the “airbag” is a supplemental restraint and is not a substitute for lap and shoulder belts;

(3)

lap and shoulder belts also must be used correctly by an occupant in a front outboard seating position to provide restraint or protection from frontal crashes as well as other types of crashes or accidents; and

(4)

occupants should always wear their lap and shoulder belts, if available, or other safety belts, whether or not there is an inflatable restraint.

(d)Seat Belt Use Laws.—

Congress finds that it is in the public interest for each State to adopt and enforce mandatory seat belt use laws and for the United States Government to adopt and enforce mandatory seat belt use regulations.

(e)Temporary Exemptions.—
(1)

On application of a manufacturer, the Secretary of Transportation may exempt, on a temporary basis, motor vehicles of that manufacturer from any requirement under subsections (b) and (c) of this section on terms the Secretary considers appropriate. An exemption may be renewed.

(2)

The Secretary of Transportation may grant an exemption under paragraph (1) of this subsection if the Secretary finds that there has been a disruption in the supply of any component of an inflatable restraint or in the use and installation of that component by the manufacturer because of an unavoidable event not under the control of the manufacturer that will prevent the manufacturer from meeting its anticipated production volume of vehicles with those restraints.

(3)

Only an affected manufacturer may apply for an exemption. The Secretary of Transportation shall prescribe in the amendment to Standard 208 required under this section the information an affected manufacturer must include in its application under this subsection. The manufacturer shall specify in the application the models, lines, and types of vehicles affected. The Secretary may consolidate similar applications from different manufacturers.

(4)

An exemption or renewal of an exemption is conditioned on the commitment of the manufacturer to recall the exempted vehicles for installation of the omitted inflatable restraints within a reasonable time that the manufacturer proposes and the Secretary of Transportation approves after the components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements.

(5)

The Secretary of Transportation shall publish in the Federal Register a notice of each application under this subsection and each decision to grant or deny a temporary exemption and the reasons for the decision.

(6)

The Secretary of Transportation shall require a label for each exempted vehicle that can be removed only after recall and installation of the required inflatable restraint. The Secretary shall require that written notice of the exemption be provided to the dealer and the first purchaser of each exempted vehicle other than for resale, with the notice being provided in a way, and containing the information, the Secretary considers appropriate.

(f)Application.—
(1)

This section revises, but does not replace, Standard 208 as in effect on December 18, 1991, including the amendment of March 26, 1991 (56 Fed. Reg. 12472), to Standard 208, extending the requirements for automatic crash protection, with incentives for more innovative automatic crash protection, to trucks, buses, and multipurpose passenger vehicles. This section may not be construed as—

(A)

affecting another provision of law carried out by the Secretary of Transportation applicable to passenger cars, buses, multipurpose passenger vehicles, or trucks; or

(B)

establishing a precedent related to developing or prescribing a Government motor vehicle safety standard.

(2)

This section and amendments to Standard 208 made under this section may not be construed as indicating an intention by Congress to affect any liability of a motor vehicle manufacturer under applicable law related to vehicles with or without inflatable restraints.

(g)Report.—
(1)

On October 1, 1992, and annually after that date through October 1, 2000, the Secretary of Transportation shall submit reports on the effectiveness of occupant restraint systems expressed as a percentage reduction in fatalities or injuries of restrained occupants compared to unrestrained occupants for—

(A)

a combination of inflated restraints and lap and shoulder belts;

(B)

inflated restraints only; and

(C)

lap and shoulder belts only.

(2)

In consultation with the Secretaries of Labor and Defense, the Secretary of Transportation also shall provide information and analysis on lap and shoulder belt use, nationally and in each State by—

(A)

military personnel;

(B)

Government, State, and local law enforcement officers;

(C)

other Government and State employees; and

(D)

the public.

(h)Airbags for Government Cars.—

In cooperation with the Administrator of General Services and the heads of appropriate departments, agencies, and instrumentalities of the Government, the Secretary of Transportation shall establish a program, consistent with applicable procurement laws of the Government and available appropriations, requiring that all passenger cars acquired—

(1)

after September 30, 1994, for use by the Government be equipped, to the maximum extent practicable, with driver-side inflatable restraints; and

(2)

after September 30, 1996, for use by the Government be equipped, to the maximum extent practicable, with inflatable restraints for both front outboard seating positions.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 958; Pub. L. 105–178, title VII, § 7106(c), June 9, 1998, 112 Stat. 467.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 958
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 467

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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