§ 20-183.13. Compact enacted into law; form of Compact. - North Carolina Statutes

Article3C.

Vehicle Equipment SafetyCompact.

§ 20‑183.13.  Compactenacted into law; form of Compact.

The Vehicle Equipment SafetyCompact is hereby enacted into law and entered into with all otherjurisdictions legally joining therein in the form substantially as follows:

VEHICLE EQUIPMENT SAFETYCOMPACT

Article I. Findings and Purposes.

(a)        The party statesfind that:

(1)        Accidents anddeaths on their streets and highways present a very serious human and economicproblem with a major deleterious effect on the public welfare.

(2)        There is a vitalneed for the development of greater interjurisdictional cooperation to achievethe necessary uniformity in the laws, rules, regulations and codes relating tovehicle equipment, and to accomplish this by such means as will minimize thetime between the development of demonstrably and scientifically sound safetyfeatures and their incorporation into vehicles.

(b)        The purposes ofthis Compact are to:

(1)        Promote uniformityin regulation of and standards for equipment.

(2)        Secure uniformityof law and administrative practice in vehicular regulation and related safetystandards to permit incorporation of desirable equipment changes in vehicles inthe interest of greater traffic safety.

(3)        To provide meansfor the encouragement and utilization of research which will facilitate theachievement of the foregoing purposes, with due regard for the findings setforth in subdivision (a) of this article.

(c)        It is the intent ofthis Compact to emphasize performance requirements and not to determine thespecific detail of engineering in the manufacture of vehicles or equipmentexcept to the extent necessary for the meeting of such performancerequirements.

Article II. Definitions.

As used in this Compact:

(a)        "Vehicle"means every device in, upon or by which any person or property is or may betransported or drawn upon a highway, excepting devices moved by human power orused exclusively upon stationary rails or tracks.

(b)        "State"means a state, territory or possession of the United States, the District ofColumbia, or the Commonwealth of Puerto Rico.

(c)        "Equipment"means any part of a vehicle or any accessory for use thereon which affects thesafety of operation of such vehicle or the safety of the occupants.

Article III. The Commission.

(a)        There is herebycreated an agency of the party states to be known as the "VehicleEquipment Safety Commission" hereinafter called the Commission. TheCommission shall be composed of one commissioner from each party state whoshall be appointed, serve and be subject to removal in accordance with the lawsof the state which he represents. If authorized by the laws of his party state,a commissioner may provide for the discharge of his duties and the performanceof his functions on the Commission, either for the duration of his membershipor for any lesser period of time, by an alternate. No such alternate shall beentitled to serve unless notification of his identity and appointment shallhave been given to the Commission in such form as the Commission may require.Each commissioner, and each alternate, when serving in the place and stead of acommissioner, shall be entitled to be reimbursed by the Commission for expensesactually incurred in attending Commission meetings or while engaged in the businessof the Commission.

(b)        The commissionersshall be entitled to one vote each on the Commission. No action of theCommission shall be binding unless taken at a meeting at which a majority ofthe total number of votes on the Commission are cast in favor thereof. Actionof the Commission shall be only at a meeting at which a majority of thecommissioners, or their alternates, are present.

(c)        The Commissionshall have a seal.

(d)        The Commissionshall elect annually, from among its members, a chairman, a vice‑chairmanand a treasurer. The Commission may appoint an Executive Director and fix hisduties and compensation. Such Executive Director shall serve at the pleasure ofthe Commission, and together with the treasurer shall be bonded in such amountas the Commission shall determine. The Executive Director also shall serve assecretary. If there be no Executive Director, the Commission shall elect asecretary in addition to the other officers provided by this subdivision.

(e)        Irrespective of thecivil service, personnel or other merit system laws of any of the party states,the Executive Director with approval of the Commission, or the Commission ifthere be no Executive Director, shall appoint, remove or discharge suchpersonnel as may be necessary for the performance of the Commission'sfunctions, and shall fix the duties and compensation of such personnel.

(f)         The Commission mayestablish and maintain independently or in conjunction with any one or more ofthe party states, a suitable retirement system for its full‑timeemployees. Employees of the Commission shall be eligible for Social Securitycoverage in respect of old age and survivor's insurance provided that theCommission takes such steps as may be necessary pursuant to the laws of theUnited States, to participate in such program of insurance as a governmentagency or unit. The Commission may establish and maintain or participate insuch additional programs of employee benefits as may be appropriate.

(g)        The Commission mayborrow, accept or contract for the services of personnel from any party state,the United States, or any subdivision or agency of the aforementionedgovernments, or from any agency of two or more of the party states or theirsubdivisions.

(h)        The Commission mayaccept for any of its purposes and functions under this Compact any and alldonations, and grants of money, equipment, supplies, materials, and services,conditional or otherwise, from any state, the United States, or any othergovernmental agency and may receive, utilize and dispose of the same.

(i)         The Commission mayestablish and maintain such facilities as may be necessary for the transactingof its business. The Commission may acquire, hold, and convey real and personalproperty and any interest therein.

(j)         The Commissionshall adopt bylaws for the conduct of its business and shall have the power toamend and rescind these bylaws. The Commission shall publish its bylaws inconvenient form and shall file a copy thereof and a copy of any amendmentthereto, with the appropriate agency or officer in each of the party states.The bylaws shall provide for appropriate notice to the commissioners of allCommission meetings and hearings and the business to be transacted at suchmeetings or hearings. Such notice shall also be given to such agencies orofficers of each party state as the laws of such party state may provide.

(k)        The Commissionannually shall make to the governor and legislature of each party state areport covering the activities of the Commission for the preceding year, andembodying such recommendations as may have been issued by the Commission. TheCommission may make such additional reports as it may deem desirable.

Article IV. Research and Testing.

The Commission shall havepower to:

(a)        Collect, correlate,analyze and evaluate information resulting or derivable from research andtesting activities in equipment and related fields.

(b)        Recommend andencourage the undertaking of research and testing in any aspect of equipment orrelated matters when, in its judgment, appropriate or sufficient research ortesting has not been undertaken.

(c)        Contract for suchequipment research and testing as one or more governmental agencies may agreeto have contracted for by the Commission, provided that such governmentalagency or agencies shall make available the funds necessary for such researchand testing.

(d)        Recommend to theparty states changes in law or policy with emphasis on uniformity of laws andadministrative rules, regulations or codes which would promote effective governmentalaction or coordination in the prevention of equipment‑related highwayaccidents or the mitigation of equipment‑related highway safety problems.

Article V. Vehicular Equipment.

(a)        In the interest ofvehicular and public safety, the Commission may study the need for ordesirability of the establishment of or changes in performance requirements orrestrictions for any item of equipment. As a result of such study, theCommission may publish a report relating to any item or items of equipment, andthe issuance of such a report shall be a condition precedent to any proceedingsor other action provided or authorized by this article. No less than 60 daysafter the publication of a report containing the results of such  study, theCommission upon due notice shall hold a hearing or hearings at such place orplaces as it may determine.

(b)        Following thehearing or hearings provided for in subdivision  (a) of this article, and withdue regard for standards recommended by appropriate professional and technical associationsand agencies, the Commission may issue rules, regulations or codes embodyingperformance requirements or restrictions for any item or items of equipmentcovered in the report, which in the opinion of the Commission will be fair andequitable and effectuate the purposes of this Compact.

(c)        Each party stateobligates itself to give due consideration to any and all rules, regulationsand codes issued by the Commission and hereby declares its policy and intent tobe the promotion of uniformity in the laws of the several party states relatingto equipment.

(d)        The Commissionshall send prompt notice of its action in issuing any rule, regulation or codepursuant to this article to the appropriate motor vehicle agency of each partystate and such notice shall contain the complete text of the rule, regulationor code.

(e)        If the constitutionof a party state requires, or if its statutes provide, the approval of thelegislature by appropriate resolution or act may be made a condition precedentto the taking effect in such party state of any rule, regulation or code. Insuch event, the commissioner of such party state shall submit any Commissionrule, regulation or code to the legislature as promptly as may be in lieu ofadministrative acceptance or rejection thereof by the party state.

(f)         Except asotherwise specifically provided in or pursuant to subdivisions (e) and (g) ofthis article, the appropriate motor vehicle agency of a party state shall inaccordance with its constitution or procedural laws adopt the rule, regulationor code within six months of the sending of the notice, and, upon suchadoption, the rule, regulation or code shall have the force and effect of lawtherein.

(g)        The appropriatemotor vehicle agency of a party state may decline to adopt a rule, regulationor code issued by the Commission pursuant to this article if such agencyspecifically finds, after public hearing on due notice, that a variation fromthe Commission's rule, regulation or code is necessary to the public safety, andincorporates in such finding the reasons upon which it is based. Any suchfinding shall be subject to review by such procedure for review ofadministrative determinations as may be applicable pursuant to the laws of theparty state. Upon request, the Commission shall be furnished with a copy of thetranscript of any hearings held pursuant to this subdivision.

Article VI. Finance.

(a)        The Commissionshall submit to the executive head or designated officer or officers of eachparty state a budget of its estimated expenditures for such period as may berequired by the laws of that party state for presentation to the legislaturethereof.

(b)        Each of theCommission's budgets of estimated expenditures shall contain specificrecommendations of the amount or amounts to be appropriated by each of theparty states. The total amount of appropriations under any such budget shall beapportioned among the party states as follows: one third in equal shares; andthe remainder in proportion to the number of motor vehicles registered in eachparty state. In determining the number of such registrations, the Commissionmay employ such source or sources of information as, in its judgment presentthe most equitable and accurate comparisons among the party states. Each of theCommission's budgets of estimated expenditures and requests for appropriationsshall indicate the source or sources used in obtaining information concerningvehicular registrations.

(c)        The Commissionshall not pledge the credit of any party state. The Commission may meet any ofits obligations in whole or in part with funds available to it under ArticleIII(h) of this Compact, provided that the Commission takes specific actionsetting aside such  funds prior to incurring any obligation to be met in wholeor in part  in such manner. Except where the Commission makes use of fundsavailable to it under Article III(h) hereof, the Commission shall not  incurany obligation prior to the allotment of funds by the party states adequate tomeet the same.

(d)        The Commissionshall keep accurate accounts of all receipts and disbursements. The receiptsand disbursements of the Commission shall be subject to the audit andaccounting procedures established under its rules. However, all receipts anddisbursements of funds handled by the Commission shall be audited yearly by aqualified public accountant and the report of the audit shall be included inand become part of the annual reports of the Commission.

(e)        The accounts of theCommission shall be open at any reasonable time for inspection by dulyconstituted officers of the party states and by any persons authorized by theCommission.

(f)         Nothing containedherein shall be construed to prevent Commission compliance with laws relatingto audit or inspection of accounts by or on behalf of any governmentcontributing to the support of the Commission.

Article VII. Conflict of Interest.

(a)        The Commissionshall adopt rules and regulations with respect to conflict of interest for thecommissioners of the party states, and their alternates, if any, and for thestaff of the Commission and contractors with the Commission to the end that nomember or employee or contractor shall have a pecuniary or other incompatibleinterest in the manufacture, sale or distribution of motor vehicles or vehicularequipment or in any facility or enterprise employed by the Commission or on itsbehalf for testing, conduct of investigations or research. In addition to anypenalty for violation of such rules and regulations as may be applicable underthe laws of the violator's jurisdiction of residence, employment or business,any violation of a Commission rule or regulation adopted pursuant to thisarticle shall require the immediate discharge of any violating employee and theimmediate vacating of membership, or relinquishing of status as a member on theCommission by any commissioner or alternate. In the case of a contractor, anyviolation of any such rule or regulation shall make any contract of theviolator with the Commission subject to cancellation by the Commission.

(b)        Nothing containedin this article shall be deemed to prevent a contractor for the Commission fromusing any facilities subject to his control in the performance of the contracteven though such facilities are not devoted solely to work of or done on behalfof the Commission; nor to prevent such a contractor from receiving remunerationor profit from the use of such facilities.

Article VIII. Advisory and Technical Committees.

The Commission may establishsuch advisory and technical committees as it may deem necessary, membership onwhich may include private citizens and public officials, and may cooperate withand use the services of any such committees and the organizations which themembers represent in furthering any of its activities.

Article IX. Entry into Force and Withdrawal.

(a)        This Compact shallenter into force when enacted into law by any six or more states. Thereafter,this Compact shall become effective as to any other state upon its enactmentthereof.

(b)        Any party state maywithdraw from this Compact by enacting a statute repealing the same, but nosuch withdrawal shall take effect until one year after the executive head ofthe withdrawing state has given notice in writing of the withdrawal to theexecutive heads of all other party states. No withdrawal shall affect anyliability already incurred by or chargeable to a party state prior to the timeof such withdrawal.

Article X. Construction and Severability.

This Compact shall beliberally construed so as to effectuate the  purposes thereof. The provisionsof this Compact shall be severable and if any phrase, clause, sentence orprovision of this Compact is declared to be contrary to the Constitution of anystate or of the United States or the applicability thereof to any government,agency, person or circumstance is held invalid, the validity of the remainderof this Compact and the applicability thereof to any government, agency, personor circumstance shall not be affected thereby. If this Compact shall be heldcontrary to the constitution of any state participating herein, the Compactshall remain in full force and effect as to the remaining party states and infull force and effect as to the state affected as to all severable matters. (1963, c. 1167, s. 1.)