Section 1 Short title
This Act may be cited as the “Safety is Not For Sale Act”.
Safety is Not For Sale Act
A BILL
To ensure that lifesaving motor vehicle safety features are offered independently of convenience and luxury features, and for other purposes.
Sec. 2 Prohibition on certain sales practices with respect to optional safety features for motor vehicles
Prohibition—
In general— A person may not offer for sale or lease to a first purchaser an optional safety feature unless such person—
offers such optional safety feature for sale or lease—
separately from any non-safety feature; or
as standard trim equipment; and
clearly and conspicuously discloses to the first purchaser the cost of the optional safety feature separately from any non-safety feature.
Effective date— Paragraph (1) shall take effect on the date that is 180 days after the date of the enactment of this Act.
Enforcement by Commission—
Unfair or deceptive acts or practices— A violation of subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
Powers of Commission— The Commission shall enforce subsection (a) in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act.
Rule of construction— Nothing in this Act shall be construed to limit the authority of the Commission under any other law.
Actions by States—
In general— Except as provided in paragraph (6), in any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice in violation of subsection (a), or a regulation promulgated under such subsection, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction to—
enjoin that practice;
enforce compliance with such subsection, or such regulation;
obtain civil penalties;
obtain damages, restitution, or other compensation on behalf of residents of the State; and
obtain such other legal and equitable relief as the court may consider to be appropriate.
Rights of Commission—
Notice—
In general— Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) by not later than 60 days before initiating the civil action.
Contents— The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.
Exception— If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action.
Intervention— Upon receiving the notice required by subparagraph (A), the Commission shall have the right—
to intervene in the action; and
upon so intervening—
to be heard on all matters arising therein; and
to file petitions for appeal.
Investigatory powers; savings provision— Nothing in this subsection may be construed to—
prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence; or
prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.
Limitation on state action while Federal action is pending— If the Commission or the Attorney General of the United States has instituted a civil action for violation of this Act (referred to in this subparagraph as the “Federal action”), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such subsection alleged in such complaint.
Award of costs and fees— If a State prevails in any civil action under paragraph (1), the State may recover reasonable costs and attorney fees.
Definitions— In this section:
Commission— The term Commission means the Federal Trade Commission.
First purchaser; manufacturer; motor vehicle; motor vehicle equipment— The terms first purchaser, manufacturer, motor vehicle, and motor vehicle equipment have the meanings given those terms in section 30102 of title 49, United States Code.
Motor vehicle model— The term motor vehicle model means a class of motor vehicles—
of the same type and make; and
that share a high degree of commonality in design and construction.
Motor vehicle trim— The term motor vehicle trim means a class of motor vehicles—
of the same type, make, and motor vehicle model, but not identical to the motor vehicle model; and
that share a high degree of commonality in design and construction.
Non-safety feature— The term non-safety feature means optional motor vehicle equipment that is not standard model equipment or an optional safety feature.
Optional safety feature— The term optional safety feature means motor vehicle equipment that—
is not standard model equipment; and
either—
performs the lateral or longitudinal (but not both simultaneously) vehicle motion control subtasks of the dynamic driving task with the expectation that the driver monitors the system to execute a response to an object or event when necessary;
alerts the driver—
if there is an unreasonable risk of a collision;
to maintain the lane of travel; or
if the driver is operating the motor vehicle in a way that indicates the driver may be distracted, disengaged, fatigued, intoxicated, or otherwise impaired;
improves illumination of the roadway;
enhances the view of the driver of the roadway;
alerts emergency services after a crash of the motor vehicle is detected; or
performs such other safety functions as the Commission, in consultation with the Secretary of Transportation, determines appropriate.
Standard model equipment— The term standard model equipment means motor vehicle equipment installed in each motor vehicle within a motor vehicle model, regardless of the motor vehicle trim.
Standard trim equipment— The term standard trim equipment means motor vehicle equipment installed in each motor vehicle of a motor vehicle trim.