§30127. Automatic occupant crash protection and seat belt use

(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.

( 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 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30127(a)	15:1392 (note).	Dec. 18, 1991, Pub. L. 102–240, §2502(a), 105 Stat. 2081 .
30127(b)	15:1392 (note).	Dec. 18, 1991, Pub. L. 102–240, §2508(a)(1) (1st sentence), (b), 105 Stat. 2084 , 2085.
30127(c)	15:1392 (note).	Dec. 18, 1991, Pub. L. 102–240, §2508(a)(2), 105 Stat. 2085 .
30127(d)	15:1392 (note).	Dec. 18, 1991, Pub. L. 102–240, §2508(a)(3), 105 Stat. 2085 .
30127(e)	15:1392 (note).	Dec. 18, 1991, Pub. L. 102–240, §2508(c), 105 Stat. 2086 .
30127(f)	15:1392 (note).	Dec. 18, 1991, Pub. L. 102–240, §2508(a)(1) (last sentence), (d), 105 Stat. 2085 , 2086.
30127(g)	15:1392 (note).	Dec. 18, 1991, Pub. L. 102–240, §2508(e), 105 Stat. 2086 .
30127(h)	15:1392 (note).	Dec. 18, 1991, Pub. L. 102–240, §2508(f), 105 Stat. 2087 .

In subsection (a), the definitions are derived from section 2502(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2081) and are restated because those definitions apply to the source provisions being restated in this section.

In subsection (b)(1), before clause (A), the words "Notwithstanding any other provision of law or rule" and "(to the extent such Act is not in conflict with the provisions of this section)" are omitted as unnecessary because of the restatement. The words "The amendment shall require" are substituted for "The amendment promulgated under subsection (a) shall establish the following schedule" for clarity. The words "manufactured on or after the dates specified in the applicable schedule established by subsection (b)", "The amendment shall take effect", and "Subject to the provisions of subsection (c)" are omitted as unnecessary because of the restatement. The words "for both of the front outboard seating positions for each" are substituted for "for the front outboard designated seating positions of each" for clarity. In clause (B), the word "new" is omitted as unnecessary because of the restatement. The word "only" is substituted for "exclusively" for consistency in the revised title.

In subsection (b)(2), the words "after August 31, 1998" are substituted for "on and after such date" for clarity.

In subsection (c), before clause (1), the words "In amending Standard 208, the Secretary of Transportation shall require" are substituted for "The amendment to such Standard 208 shall also require" for clarity and to eliminate unnecessary words.

In subsection (e)(3), the words "Only an affected manufacturer may apply for an exemption" are added for clarity. The words "consolidate similar applications from different manufacturers" are substituted for "consolidate applications of a similar nature of 1 or more manufacturers" for clarity.

In subsection (f)(1), before clause (A), the words "by the Secretary or any other person, including any court" are omitted as surplus. In clause (A), the word "affecting" is substituted for "altering or affecting" to eliminate an unnecessary word.

In subsection (f)(2), the words "by any person or court" are omitted as unnecessary. The word "affect" is substituted for "affect, change, or modify" to eliminate unnecessary words.

In subsection (g)(1), before clause (A), the words "and every 6 months after that date through" are substituted for "biannually . . . and continuing to" for clarity. The word "actual" is omitted as unnecessary. The word "expressed" is substituted for "defined" for clarity.

In subsection (g)(2)(C), the words "other Government and State employees" are substituted for "Federal and State employees other than law enforcement officers" for clarity and because of the restatement.

In subsection (h)(2), the words "for both front outboard seating positions" are substituted for "for both the driver and front seat outboard seating positions" for clarity and consistency in this section.

References in Text

The National Traffic and Motor Vehicle Safety Act of 1966, referred to in subsec. (b)(1), is Pub. L. 89–563, Sept. 9, 1966, 80 Stat. 718 , as amended, which was classified generally to chapter 38 (§1381 et seq.) of Title 15, Commerce and Trade, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379 , and reenacted by the first section thereof as this chapter.

Amendments

1998-Subsec. (g)(1). Pub. L. 105–178 substituted "annually" for "every 6 months" in introductory provisions.

Improving the Safety of Child Restraints

Pub. L. 106–414, §14, Nov. 1, 2000, 114 Stat. 1806 , provided that:

"(a) In General.-Not later than 12 months after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Transportation shall initiate a rulemaking for the purpose of improving the safety of child restraints, including minimizing head injuries from side impact collisions.

"(b) Elements for Consideration.-In the rulemaking required by subsection (a), the Secretary shall consider-

"(1) whether to require more comprehensive tests for child restraints than the current Federal motor vehicle safety standards requires, including the use of dynamic tests that-

"(A) replicate an array of crash conditions, such as side-impact crashes and rear-impact crashes; and

"(B) reflect the designs of passenger motor vehicles as of the date of the enactment of this Act [Nov. 1, 2000];

"(2) whether to require the use of anthropomorphic test devices that-

"(A) represent a greater range of sizes of children including the need to require the use of an anthropomorphic test device that is representative of a ten-year-old child; and

"(B) are Hybrid III anthropomorphic test devices;

"(3) whether to require improved protection from head injuries in side-impact and rear-impact crashes;

"(4) how to provide consumer information on the physical compatibility of child restraints and vehicle seats on a model-by-model basis;

"(5) whether to prescribe clearer and simpler labels and instructions required to be placed on child restraints;

"(6) whether to amend Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213) to cover restraints for children weighing up to 80 pounds;

"(7) whether to establish booster seat performance and structural integrity requirements to be dynamically tested in 3-point lap and shoulder belts;

"(8) whether to apply scaled injury criteria performance levels, including neck injury, developed for Federal Motor Vehicle Safety Standard No. 208 to child restraints and booster seats covered by in Federal Motor Vehicle Safety Standard No. 213; and

"(9) whether to include child restraint in each vehicle crash tested under the New Car Assessment Program.

"(c) Report to Congress.-If the Secretary does not incorporate any element described in subsection (b) in the final rule, the Secretary shall explain, in a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Commerce [now Committee on Energy and Commerce] submitted within 30 days after issuing the final rule, specifically why the Secretary did not incorporate any such element in the final rule.

"(d) Completion.-Notwithstanding any other provision of law, the Secretary shall complete the rulemaking required by subsection (a) not later than 24 months after the date of the enactment of this Act [Nov. 1, 2000].

"(e) Child Restraint Defined.-In this section, the term 'child restraint' has the meaning given the term 'Child restraint system' in section 571.213 of title 49, Code of Federal Regulations (as in effect on the date of the enactment of this Act [Nov. 1, 2000]).

"(f) Funding.-For each fiscal year, of the funds made available to the Secretary for activities relating to safety, not less than $750,000 shall be made available to carry out crash testing of child restraints.

"(g) Child Restraint Safety Ratings Program.-No later than 12 months after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Transportation shall issue a notice of proposed rulemaking to establish a child restraint safety rating consumer information program to provide practicable, readily understandable, and timely information to consumers for use in making informed decisions in the purchase of child restraints. No later than 24 months after the date of the enactment of this Act the Secretary shall issue a final rule establishing a child restraint safety rating program and providing other consumer information which the Secretary determines would be useful [to] consumers who purchase child restraint systems.

"(h) Booster Seat Study.-In addition to consideration of booster seat performance and structural integrity contained in subsection (b)(7), not later than 12 months after the date of the enactment of this Act [Nov. 1, 2000], the Secretary of Transportation shall initiate and complete a study, taking into account the views of the public, on the use and effectiveness of automobile booster seats for children, compiling information on the advantages and disadvantages of using booster seats and determining the benefits, if any, to children from use of booster with lap and shoulder belts compared to children using lap and shoulder belts alone, and submit a report on the results of that study to the Congress.

"(i) Booster Seat Education Program.-The Secretary of Transportation within 1 year after the date of the enactment of this Act [Nov. 1, 2000] shall develop [a] 5 year strategic plan to reduce deaths and injuries caused by failure to use the appropriate booster seat in the 4 to 8 year old age group by 25 percent."

Improving Air Bag Safety

Pub. L. 105–178, title VII, §7103, June 9, 1998, 112 Stat. 465 , provided that:

"(a) Rulemaking To Improve Air Bags.-

"(1) Notice of proposed rulemaking.-Not later than September 1, 1998, the Secretary of Transportation shall issue a notice of proposed rulemaking to improve occupant protection for occupants of different sizes, belted and unbelted, under Federal Motor Vehicle Safety Standard No. 208, while minimizing the risk to infants, children, and other occupants from injuries and deaths caused by air bags, by means that include advanced air bags.

"(2) Final rule.-Notwithstanding any other provision of law, the Secretary shall complete the rulemaking required by this subsection by issuing, not later than September 1, 1999, a final rule with any provision the Secretary deems appropriate, consistent with paragraph (1) and the requirements of section 30111, title 49, United States Code. If the Secretary determines that the final rule cannot be completed by that date to meet the purposes of paragraph (1), the Secretary may extend the date for issuing the final rule to not later than March 1, 2000.

"(3) Effective date.-The final rule issued under this subsection shall become effective in phases as rapidly as practicable, beginning not earlier than September 1, 2002, and no sooner than 30 months after the date of the issuance of the final rule, but not later than September 1, 2003. The final rule shall become fully effective for all vehicles identified in section 30127(b), title 49, United States Code, that are manufactured on and after September 1, 2005. Should the phase-in of the final rule required by this paragraph commence on September 1, 2003, then in that event, and only in that event, the Secretary is authorized to make the final rule fully effective on September 1, 2006, for all vehicles that are manufactured on and after that date.

"(4) Coordination of effective dates.-The requirements of S13 of Standard No. 208 shall remain in effect unless and until changed by the rule required by this subsection.

"(5) Credit for early compliance.-To encourage early compliance, the Secretary is directed to include in the notice of proposed rulemaking required by paragraph (1) means by which manufacturers may earn credits for future compliance. Credits, on a one-vehicle for one-vehicle basis, may be earned for vehicles certified as being in full compliance under section 30115 of title 49, United States Code, with the rule required by paragraph (2) which are either-

"(A) so certified in advance of the phase-in period; or

"(B) in excess of the percentage requirements during the phase-in period.

"(b) Advisory Committees.-Any government advisory committee, task force, or other entity involving air bags shall include representatives of consumer and safety organizations, insurers, manufacturers, and suppliers."

Section Referred to in Other Sections

This section is referred to in sections 30141, 30165 of this title.