23.3.416    UNIFORM APPROVAL OF MOTOR VEHICLE SAFETY EQUIPMENT

The state of Montana and the American association of motor vehicle administrators enter into the following agreement:

(1) The purpose is to provide a uniform procedure for approval of motor vehicle safety equipment components and/or assemblies to facilitate the approval and issuance of equipment approval certificates by jurisdictions as required by applicable statutes.

(2) Parties to agreement are the American association of motor vehicle administrators, a non profit association organized under the laws of the District of Columbia, of which each state and province of Canada is a member, hereinafter referred to as the association and each state of the United States; each province of Canada; the District of Columbia; the canal zone; Puerto Rico; hereinafter referred to as the jurisdiction.

(3) the association agrees to the following terms:

(a) The association agrees to receive requests from the manufacturers of automotive vehicles and manufacturers of after market components, parts, materials, and/or assemblies for approval and issuance of certificate of approval.

(b) The association agrees to conduct or have conducted tests to ascertain that the components, parts, materials, and/ or assemblies meet prescribed standards and/or specifications covering vehicle safety equipment. Such standards and/or specifications shall be those of the society of automotive engineers American standards association, or other recognized authority.

(c) The association agrees to issue uniform certificate of approval to the manufacturer or supplier submitting request, or notice of failure to meet required tests or procedures.

(d) The association agrees to furnish the jurisdiction with certificate of approval on all components, parts, materials, and/or assemblies as required by the statutes of the jurisdiction.

(e) The association agrees to maintain a list of approved safety equipment and make information available upon request.

(4)The jurisdiction agrees to the following terms:

(a) The jurisdiction agrees to permit the association to conduct or have conducted tests of vehicle safety equipment without cost to the jurisdiction.

(b) The jurisdiction agrees to accept association certificates of approval as the basis for issuance of jurisdictional certificates of approval, where such jurisdictional certificates are required by statute to be made by the appropriate governmental department or official.

(5) It is mutually agreed that the association may conduct its own tests or contract with approved testing laboratories for such tests, and may accept test results directly from an approved testing laboratory irrespective of whether the components, parts, materials, and/or assemblies covered by the test reports were submitted to the laboratory for testing by the association or by the manufacturer.

(6) It is further mutually agreed that the association may, upon its own motion or upon request by the jurisdiction, require additional or supplementary tests of components, parts, materials, and/or assemblies. When any previously approved component, part, material, and/or assembly fails to meet subsequent tests, the association shall cancel the previously issued certificate of approval and shall issue the manufacturer an appropriate notice of cancellation of certificate of approval. Notices of such cancellations shall be furnished the jurisdiction which will follow procedures established by its laws for cancellation of certificate issued. When permitted by applicable jurisdictional law, cancellation of a certificate of approval by the association shall constitute cancellation by the jurisdiction and notice of such cancellation shall be noted on lists of approved safety equipment compiled and maintained by the association and by the jurisdiction.

History: Sec. 44-1-103 MCA; IMP, Sec. 44-1-102 MCA; NEW, Eff. 11/5/73.