
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-414 Section 14]
[CITE: 49USC30127]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                             PART A--GENERAL
 
                    CHAPTER 301--MOTOR VEHICLE SAFETY
 
                 SUBCHAPTER II--STANDARDS AND COMPLIANCE
 
Sec. 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, Sec. 1(e), July 5, 1994, 108 Stat. 958; Pub. L. 105-
178, title VII, Sec. 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. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          2502(
a), 105 Stat. 2081.
30127(b)..............................  15:1392 (note).                  Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          2508(
a)(1) (1st sentence), (b), 105
                                                                          Stat.
 2084, 2085.
30127(c)..............................  15:1392 (note).                  Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          2508(
a)(2), 105 Stat. 2085.
30127(d)..............................  15:1392 (note).                  Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          2508(
a)(3), 105 Stat. 2085.
30127(e)..............................  15:1392 (note).                  Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          2508(
c), 105 Stat. 2086.
30127(f)..............................  15:1392 (note).                  Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          2508(
a)(1) (last sentence), (d), 105
                                                                          Stat.
 2085, 2086.
30127(g)..............................  15:1392 (note).                  Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          2508(
e), 105 Stat. 2086.
30127(h)..............................  15:1392 (note).                  Dec. 1
8, 1991, Pub. L. 102-240, Sec.
                                                                          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 (Sec. 1381 et 
seq.) of Title 15, Commerce and Trade, and was substantially repealed by 
Pub. L. 103-272, Sec. 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 Air Bag Safety

    Pub. L. 105-178, title VII, Sec. 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.
