I

103D CONGRESS

1ST SESSION H. R. 205

Prohibiting the manufacture, sale, delivery, or importation of certain motor

vehicles and rail cars that do not have seat belts, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. JACOBS introduced the following bill; which was referred jointly to the

Committees on Energy and Commerce and Ways and Means

A BILL

Prohibiting the manufacture, sale, delivery, or importation

of certain motor vehicles and rail cars that do not have

seat belts, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROHIBITION.

4 No person shall manufacture, sell, deliver, or import

5 any motor vehicle or rail car, constructed after the effec6 tive date of this Act, for use by a person described in sec7 tion 2 to provide transportation service, unless such motor

8 vehicle or rail car is equipped with a seat belt, with par9 ticular emphasis on the use of a flight attendant double

10 shoulder harness mechanism, or other appropriate safety
2

•HR 205 IH

1 restraint device providing equal or greater passenger safe2 ty, for each passenger riding in such vehicle or car.

3 SEC. 2. PERSONS TO WHICH PROHIBITION APPLIES.

4 The prohibition set forth in section 1 shall apply to—

5 (1) any motor carrier or rail carrier, as such

6 terms are defined in section 10102 of title 49, Unit7 ed States Code; and

8 (2) any Federal, State, or local government en9 tity, school district, charitable organization, church,

10 or other public or private entity providing transpor11 tation to passengers by motor vehicle or by rail.

12 SEC. 3. RETROFIT REQUIREMENT.

13 Any person described in section 2 who owns or oper14 ates a motor vehicle or rail car, constructed before the ef15 fective date of this Act, that is used—

16 (1) to provide passenger transportation for

17 compensation; or

18 (2) to transport children under the age of 18,

19 shall, within 90 days after such effective date, equip such

20 vehicle or car with a seat belt, with particular emphasis

21 on the use of a flight attendant double shoulder harness

22 mechanism, or other appropriate safety restraint device

23 providing equal or greater passenger safety, for each pas24 senger riding in such vehicle or car.
3

•HR 205 IH

1 SEC. 4. CIVIL PENALTIES; SECRETARY’S AUTHORITY TO

2 COMPROMISE.

3 (a) AMOUNT OF PENALTIES.—Whoever violates any

4 provision of this Act, or any regulation issued thereunder,

5 shall be subject to a civil penalty of not to exceed $1,000

6 for each such violation. A violation with respect to each

7 motor vehicle or rail car shall constitute a separate viola8 tion, except that the maximum civil penalty shall not ex9 ceed $800,000 for any related series of violations.

10 (b) COMPROMISE OF PENALTIES.—Any such civil

11 penalty may be compromised by the Secretary of Trans12 portation. In determining the amount of such penalty, or

13 the amount agreed upon in compromise, the appropriate14 ness of such penalty to the size of the business of the per15 son charged and the gravity of the violation shall be con16 sidered. The amount of such penalty, when finally deter17 mined, or the amount agreed upon in compromise, may

18 be deducted from any sums owing by the United States

19 to the person charged.

20 SEC. 5. EFFECTIVE DATE.

21 This Act shall take effect 90 days after the date of

22 its enactment.

Æ