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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION.
No person shall manufacture, sell, deliver, or import
any motor vehicle or rail car, constructed after the effec-
tive date of this Act, for use by a person described in sec-
tion 2 to provide transportation service, unless such motor
vehicle or rail car is equipped with a seat belt, with par-
ticular emphasis on the use of a flight attendant double
shoulder harness mechanism, or other appropriate safety
restraint device providing equal or greater passenger safe-
ty, for each passenger riding in such vehicle or car.
SEC. 2. PERSONS TO WHICH PROHIBITION APPLIES.
The prohibition set forth in section 1 shall apply to—
(1) any motor carrier or rail carrier, as such
terms are defined in section 10102 of title 49, Unit-
ed States Code; and
(2) any Federal, State, or local government en-
tity, school district, charitable organization, church,
or other public or private entity providing transpor-
tation to passengers by motor vehicle or by rail.
SEC. 3. RETROFIT REQUIREMENT.
Any person described in section 2 who owns or oper-
ates a motor vehicle or rail car, constructed before the ef-
fective date of this Act, that is used—
(1) to provide passenger transportation for
compensation; or
(2) to transport children under the age of 18,
shall, within 90 days after such effective date, equip such
vehicle or car with a seat belt, with particular emphasis
on the use of a flight attendant double shoulder harness
mechanism, or other appropriate safety restraint device
providing equal or greater passenger safety, for each pas-
senger riding in such vehicle or car.
SEC. 4. CIVIL PENALTIES; SECRETARY’S AUTHORITY TO
COMPROMISE.
(a) AMOUNT OF PENALTIES.—Whoever violates any
provision of this Act, or any regulation issued thereunder,
shall be subject to a civil penalty of not to exceed $1,000
for each such violation. A violation with respect to each
motor vehicle or rail car shall constitute a separate viola-
tion, except that the maximum civil penalty shall not ex-
ceed $800,000 for any related series of violations.
(b) COMPROMISE
OF PENALTIES.—Any such civil
penalty may be compromised by the Secretary of Trans-
portation. In determining the amount of such penalty, or
the amount agreed upon in compromise, the appropriate-
ness of such penalty to the size of the business of the per-
son charged and the gravity of the violation shall be con-
sidered. The amount of such penalty, when finally deter-
mined, or the amount agreed upon in compromise, may
be deducted from any sums owing by the United States
to the person charged.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of
its enactment.
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