CHAPTER 106

An Act to amend the Code of Virginia by adding sections numbered
46.1-808.2 through 46.1-3808.8, which sections provide that Virginia
shall be party to a certain interstate compact known as the Vehicle
Equipment Safety Compact, prescribe the manner in which certain
rules and regulations thereunder shall be adopted, designate Virginia’s
representative on the Equipment Safety Commission, authorize State
departments and officers to cooperate, provide how funds shall be
made avauable therefor, prescribe how certain documents shall be
filed, and define certain terms.

[fH 142]

Approved February 26, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding sections numbered
46.1-308.2 through 46.1-308.8 as follows:

§ 46.1-308.2. Pursuant to authority granted by an Act of the Eighty-
fifth Congress of the United States, being Public Law six hundred eighty-
four, approved August twenty, nineteen hundred fifty-eight, the Governor
of this State is hereby authorized and directed to execute a compact on
behalf of the State of Virginia with any of the United States legally
joining therein in the form substantially as follows:

VEHICLE EQUIPMENT SAFETY COMPACT

ARTICLE I
Findings and Purposes

(a) The party states find that:

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

(2) There is a vital need for the development of greater interjuris-
dictional cooperation to achieve the necessary uniformity in the laws,
rules, regulations and codes relating to vehicle equipment, and to ac-
complish this by such means as will minimize the time between the
development of demonstrably and scientifically sound safety features and
their incorporation into vehicles.

b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards for equipment.
(2) Secure uniformity of law and administrative practice in vehicular
regulation and related safety standards to permit incorporation of desir-
able equipment changes in vehicles in the interest of greater traffic safety.
(3) To provide means for the encouragement and utilization of re-
search which will facilitate the achievement of the foregoing purposes,
with due regard for the findings set forth in subdivision (a) of this
rticle.

_ (c) It is the intent of this compact to emphasize performance re-
quirements and not to determine the specific detail of engineering in the
manufacture of vehicles or equipment except to the extent necessary for
the meeting of such performance requirements.

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 be transported or drawn upon a highway, excepting
cevices moves by human power or used exclusively upon stationary rails
or tracks.

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

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

ARTICLE III

The Commission

(a) There is hereby created an agency of the party states to be
known as the “Vehicle Equipment Safety Commission” hereinafter called
the Commission. The Commission shall be composed of one commissioner
from each party state who shall be appointed, serve and be subject to
removal in accordance with the laws of 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 performance of his functions on
the Commission, either for the duration of his membership or for any
lesser period of time, by an alternate. No such alternate shall be entitled
to serve unless notification of his identity and appointment shall have 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 a commissioner, shall be entitled to be reimbursed by the Com-
mission for expenses actually incurred in attending Commission meetings
or while engaged in the business of the Commission.

The commissioners shall be entitled to one vote each on the
Commission. No action of the Commission shall be binding unless taken
at a meeting at which a majority of the total number of votes on the
Commission are cast in favor thereof. Action of the Commission shall be
only at a meeting at which a majority of the commissioners, or their
alternates, are present.

(c) The Commission shall have a seal.

(d) The Commission shall elect annually, from among its members,
a chairman, a vice chairman and a treasurer. The Commission may appoint
an FE’xecutive Director and fix his duties and compensation. Such Executive
Director shall serve at the pleasure of the Commission, and together with
the Treasurer shall be bonded in such amount as the Commission shall
ietermine. The Executive Director also shall serve as secretary. If there
pe no Executive Director, the Commission shall elect a Secretary in addi-
ion to the other officers provided by this subdivision.

(e) Irrespective of the civil service, personnel or other merit system
aws of any of the party states, the Executive Director with the approval
of the Commission, or the Commission if there be no Executive Director,
shall appoint, remove or discharge such personnel as may be necessary for
the performance of the Commission’s functions, and shall fix the duties
and compensation of such personnel.

(f{) The Commission may establish and maintain independently or
in conjunction with any one or more of the party states, a suitable retire-
ment system for its full time employees. Employees of the Commission
shall be eligible for social security coverage in respect of old age and
survivor’s insurance provided that the Commission takes such steps as
may be necessary pursuant to the laws of the United States, to participate
in such program of insurance as a governmental agency or unit. The
Commission may establish and maintain or participate in such additional
programs ¢ of employee benefits as may be appropriate.

(g) The Commission may borrow, accept or contract for the services
of personnel from any party state, the United States, or any subdivision
or agency of the aforementioned governments, or from any agency of two
or more of the party states or their subdivisions.

(h) The Commission may accept for any of its purposes and functions
under this compact any and all donations, and grants of money, equipment,
supplies, materials, and services, conditional or otherwise, from any state,
the United States, or any other governmental agency and may receive,
utilize and dispose ‘of the same.

(i) The Commission may establish and maintain such facilities as
may be necessary for the transacting of its business. The Commission may
acquire, hold, and convey real and personal property and any interest

erein

(j) The Commission shall adopt bylaws for the conduct of its business
and shall have the power to amend and rescind these bylaws. The Commis-
sion shall publish its bylaws in convenient form and shall file a copy thereof
and a copy of any amendment thereto, with the appropriate agency or
officer in each of the party states. The bylaws shall provide for appropriate
notice to the commissioners of all Commission meetings and hearings and
the business to be transacted at such meetings or hearings. Such notice
shall also be given to such agencies or officers of each party state as the
laws of such party state may provide.

(k) The Commission annually shall make to the governor and legis-
lature of each party state a report covering the activities of the Commis-
sion for the preceding year, and embodying such recommendations as may
have been issued by the Commission. The Commission may make such addi-
tional reports as it may deem desirable.

ARTICLE IV

Research and Testing

The Commission shall have power to:

(a) Collect, correlate, analyze and evaluate information resulting or
ies from research and testing activities in equipment and related

elds.

(b) Recommend and encourage the undertaking of research and test-
ing in any aspect of equipment or related matters when, in its judgment,
appropriate or sufficient research or testing has not been undertaken.

(c) Contract for such equipment research and testing as one or more
governmental agencies may agree to have contracted for by the Commis-
sion, provided that such governmental agency or agencies shall make
available the funds necessary for such research and testing.

(d) Recommend to the party states changes in law or policy with
emphasis on uniformity of laws and administrative rules, regulations or
codes which would promote effective governmental action or coordination
in the prevention of equipment-related highway accidents or the mitiga-
tion of equipment-related highway safety problems.
CH. 106] ACTS OF ASSEMBLY 143

ARTICLE V

Vehicular Equipment

(a) In the interest of vehicular and public safety, the Commission
may study the need for or desirability of the establishment of or changes
in performance requirements or restrictions for any item of equipment.
As a result of such study, the Commission may publish a report relating
to any item or items of equipment, and the issuance of such a report shall
be a condition precedent to any proceedings or other action provided or
authorized by this Article. No less than sixty days after the publication
of a report containing the results of such study, the Commission upon due
notice shall hold a hearing or hearings at such place or places as it may
determine.

(b) Following the hearing or hearings provided for in subdivision
(a) of this Article, and with due regard for standards recommended by
appropriate professional and technical associations and agencies, the Com-
mission may issue rules, regulations or codes embodying performance re-
quirements or restrictions for any item or items of equipment covered in
the report, which in the opinion of the Commission will be fair and equit-
able and effectuate the purposes of this compact.

(c) Each party state obligates itself to give due consideration to any
and all rules, regulations and codes issued by the Commission and hereby
declares its policy and intent to be the promotion of uniformity in the laws
of the several party states relating to equipment.

(d) The Commission shall send prompt notice of its action in issuing
any rule, regulation or code pursuant to this Article to the appropriate
motor vehicle agency of each party state and such notice shall contain the
complete text of the rule, regulation or code.

(e) If the constitution of a party state requires, or if its statutes pro-
vide, the approval of the legislature by appropriate resolution or act may
9e made a condition precedent to the taking effect in such party state of
ny rule, regulation or code. In such event, the commissioner of such party
tate shall submit any Commission rule, regulation or code to the legis-
ature as promptly as may be in lieu of administrative acceptance or rejec-
ion thereof by the party state

(f) Except as otherwise specifically provided in or pursuant to sub-
livisions (e) and (g) of this Article, the appropriate motor vehicle agency
f a party state shall in accordance with its constitution or procedural
aws adopt the rule, regulation or code within six months of the sending
f the notice, and, upon such adoption, the rule, regulation or code shall
ave the force and effect of law therein.

(gz) The appropriate motor vehicle agency of a party state may decline
> adopt a rule, regulation or code issued by the Commission pursuant to
his Article if such agency specifically finds, after public hearing on due
otice, that a variation from the Commission’s rule, regulation or code is
ecessary to the public safety, and incorporates in such finding the rea-
ons upon which it is based. Any such finding shall be subject to review
y such procedure for review of administrative determinations as may be

pplicable pursuant to the laws of the party state. Upon request, the Com-
rission shall be furnished with a copy of the transcript of any hearings
eld pursuant to this subdivision.
ARTICLE VI
Finance

(a) The Commission shall submit to the executive head or designated
Ticer or officers of each party state a budget of its estimated expenditures
yr such period as may be required by the laws of that party state for

resentation to the legislature thereof.
(b) Each of the Commission’s budgets of estimated expenditures shall
contain specific recommendations of the amount or amounts to be appro-
priated by each of the party states. The total amount of appropriations
under any such budget shall be apportioned among the party states as
follows: one-third in equal shares; and the remainder in proportion to the
number of motor vehicles registered in each party state. In determining
the number of such registrations, the Commission may employ such source
or sources of information as, in its judgment present the most equitable and
accurate comparisons among the party states. Each of the Commission’s
budgets of estimated expenditures and requests for appropriations shall
indicate the source or sources used in obtaining information concerning
vehicular registrations.

(c) The Commission shall not pledge the credit of any party state.
The Commission may meet any of its obligations in whole or in part with
funds available to it under Article III (h) of this compact, provided that
the Commission takes specific action setting aside such funds prior to
incurring any obligation to be met in whole or in part in such manner.
Except where the Commission makes use of funds available to it under
Article III (h) hereof, the Commission shall not incur any obligation
prior to the allotment of funds by the party states adequate to meet the
same.

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

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

(f) Nothing contained herein shall be construed to prevent Commis-
sion compliance with laws relating to audit or inspection of accounts by or
on behalf of any government contributing to the support of the Com-

mission.
ARTICLE VII

Conflict of Interest

(a) The Commission shall adopt rules and regulations with respect
to conflict of interest for the commissioners of the party states, and their
alternates, if any, and for the staff of the Commission and contractors
with the Commission to the end that no member or employee or contractor
shall have a pecuniary or other incompatible interest in the manufacture,
sale or distribution of motor vehicles or vehicular equipment or in any
facility or enterprise employed by the Commission or on its behalf for
testing, conduct of investigations or research. In addition to any penalty
for violation of such rules and regulations as may be applicable under the
laws of the violator’s jurisdiction of residence, employment or business,
any violation of a Commission rule or regulation adopted pursuant to this
Article shall require the immediate discharge of any violating employee
and the immediate vacating of membership, or relinquishing of status as
a member on the Commission by any commissioner or alternate. In the
case of a contractor, any violation of any such rule or regulation shall
make any contract of the violator with the Commission subject to cancel-
lation by the Commission.

(b) Nothing contained in this Article shall be deemed to prevent a
contractor for the Commission from using any facilities subject to his
control in the performance of the contract even though such facilities are
not devoted solely to work of or done on behalf of the Commission: nor
to prevent such a contractor from receiving remuneration or profit from
the use of such facilities.
ARTICLE VIII
Advisory and Technical Committees
The Commission may establish such advisory and technical commit-
tees as it may deem necessary, membership on which may include private
citizens and public officials, and may cooperate with and use the services
of any such committees and the organizations which the members repre-
sent in furthering any of its activities.
ARTICLE IX

Entry Into Force and Withdrawal

(a) This compact shall enter 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 enactment thereof.

(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect until
one year after the executive head of the withdrawing state has given
notice in writing of the withdrawal to the executive heads of all other
party states. No withdrawal shall affect any liability already incurred by
or chargeable to a party state prior to the time of such withdrawal.

ARTICLE X
Construction and Severability

This compact shall be liberally construed so as to effectuate the pur-
poses thereof. The provisions of this compact shall be severable and if any
phrase, clause, sentence or provision of this compact is declared to be
contrary to the Constitution of any state or of the United States or the
applicability thereof to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to the
Constitution of any state participating herein, the compact shall remain
in full force and effect as to the remaining party states and in full force
and effect as to the state affected as to all severable matters.

§ 46.1-308.3. Pursuant to Article V (e) of the Vehicle Equipment
Safety Compact, it is the intention of this State and it is hereby provided
that no rule, regulation or Code issued by the Vehicle Equipment Safety
Commission in accordance with Article V of the Compact shall take effect
until approved by an act of the General Assembly or adopted by the
Superintendent pursuant to the authority granted under Title 46.1.

§ 46.1-308.4. The commissioner of this State on the Equipment Safety
Commission shall be the Superintendent of State Police. He may designate
an alternate from among the officers and employees of his agency to serve
in his place and stead on the Vehicle Equipment Safety Commission. Sub-
ject to the provision of the Compact and bylaws of the Vehicle Equipment
Safety Commission, the authority and responsibilities of such alternate
shall be as determined by the Superintendent designating such alternate.

§ 46.1-308.5. Within appropriations available therefor, the depart-
ments, agencies, and officers of the government of this State may cooperate
with and assist the Vehicle Equipment Safety Commission within the scope
contemplated by Article III (h) of the Compact. The departments, agen-
cies, and officers of the government of this State are authorized generally
to cooperate with said Commission.

§ 46.1-308.6. No agreement entered into pursuant to Article VI of
the Compact and requiring the expenditure of funds or the assumption of
an obligation to expend funds in addition to those already appropriated
to the Department of State Police shall become effective as to this State
unless funds therefor have been appropriated as provided by law.

§ 46.1-308.7. Filing of documents as required by Article III (j) of
the Compact shall be with the Superintendent.

§ 46.1-308.8. The term “Executive Head’ as used in Article IX (b)
of the Compact shall when referring to this State mean the Governor.
2. This act shall become effective on July 1, 1964.