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DEPARTMENT OF TRANSPORTATION
THE SECRETARY OF TRANSPORTATION
WASHINGTON, D.C. 20590
UNITED
FAMERICA
STATES
of
APR 17 1985
MEMORANDUM TO:
Alfred Kingon, Assistant to the President
for Cabinet Affairs
Elizabeth Hanford Dole
A
FROM:
SUBJECT:
Motor Vehicle Occupant Protection
Requirements
The debate about automatic crash protection for motorists has been
in progress since the 1960's. The National Traffic and Motor
Vehicle Safety Act of 1966 directs the Secretary of Transportation
to "reduce traffic accidents and deaths and injuries to persons
resulting from traffic accidents" through the issuance of Federal
Motor Vehicle Safety Standards. Since the initial issuance of the
section of the standards dealing with protection of occupants,
there have been approximately 60 rulemaking documents issued with
respect to it.
In 1981, the Department rescinded the Federal Motor Vehicle Safety
Standard that would have required the front seat positions in all
new cars to be equipped with automatic restraints. Law suits were
filed and on June 24, 1983, the Supreme Court held that an
inadequate basis had been provided for the recision. The Court
required the Department to reopen the rulemaking, and unless
certain very stringent standards could be met, reimpose the rule.
The rulemaking record and the Supreme Court's strict
interpretation of the statute led us to the conclusion that
passive restraints must be mandated unless motorists could be
convinced to wear manual safety belts. With this evidence in
hand, I announced a rule last July that provides the American
people a choice between the two approaches.
The rule I announced requires the phasing-in of automatic occupant
protection for all passenger cars manufactured for sale in the
United States after September 1, 1989, unless sufficient states
enact seat belt use laws.
The requirement for automatic protection will be rescinded if belt
use laws meeting specified conditions are passed by a sufficient
number of states before April 1, 1989, to cover two-thirds of the
population of the United States.
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