[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 205 Introduced in House (IH)]

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 Representatives 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 effective date of this Act, 
for use by a person described in section 2 to provide transportation 
service, unless such motor vehicle or rail car is equipped 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 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, United States Code; and
            (2) any Federal, State, or local government entity, school 
        district, charitable organization, church, or other public or 
        private entity providing transportation to passengers by motor 
        vehicle or by rail.

SEC. 3. RETROFIT REQUIREMENT.

    Any person described in section 2 who owns or operates a motor 
vehicle or rail car, constructed before the effective 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 passenger 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 violation, except that the maximum civil penalty shall not 
exceed $800,000 for any related series of violations.
    (b) Compromise of Penalties.--Any such civil penalty may be 
compromised by the Secretary of Transportation. In determining the 
amount of such penalty, or the amount agreed upon in compromise, the 
appropriateness of such penalty to the size of the business of the 
person charged and the gravity of the violation shall be considered. 
The amount of such penalty, when finally determined, 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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