79 STAT. 63. Registration year. Limitation of buses within a State. "(i) Effect of headings: Article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any article or part hereof. (j) Entry into force: This agreement shall enter into force and become binding between and among the contracting States when enacted or otherwise entered into by any two States. Thereafter, it shall enter into force and become binding with respect to any State when enacted into law by such State. If the statutes of any State authorize or provide, such State may become party to this agreement upon the execution thereof by an executive or administrative official thereof acting on behalf of and for such State. "ARTICLE IV-PRORATION OF REGISTRATION SO "(a) Applicability: Any owner of a fleet may register the buses of said fleet in any contracting State by paying to said State total registration fees in an amount equal to that obtained by applying the proportion of in-State fleet miles divided by the total fleet miles, to the total fees which would otherwise be required for regular registration of each of all such vehicles in such contracting State. "All fleet pro rata registration fees shall be based upon the mileage proportions of the fleet during the period of twelve months ending on August 31 next preceding the commencement of the registration year for which registration is sought: Except, that mileage proportions for a fleet not operated during such period in the State where application for registration is made will be determined by the Administrator upon the sworn application of the applicant showing the operations during such period in other States and the estimated operations during the registration year for which registration is sought, in the State in which application is being made; or if no operations were conducted during such period a full statement of the proposed method of operation. "If any buses operate in two or more States which permit the proration of registration on the basis of a fleet of buses consisting of a lesser number of vehicles than provided in article II(g), such fleet may be prorated as to registration in such States, in which event the buses in such fleet shall not be required to register in any other contracting States if each such vehicle is registered in some contracting State (except to the extent it is exempt from registration as provided in article III (b)). "If the administrator of any State determines, based on his method of the operation thereof, that the inclusion of a bus or buses as a part of a fleet would adversely affect the proper fleet fee which should be paid to his State, having due regard for fairness and equity, he may refuse to permit any or all of such buses to be included in his State as a part of such fleet. "(b) Total fleet miles: Total fleet miles, with respect to each contracting State, shall mean the total miles operated by the fleet (1) in such State, (2) in all other contracting States, (3) in other States having proportional registration provisions, (4) in States with which such contracting State has reciprocity, and (5) in such other States as the administrator determines should be included under the circumstances in order to protect or promote the interest of his State; except that in States having laws requiring proration on the basis of a different determination of total fleet miles, total fleet miles shall be determined on such basis. I 79 STAT. 64. "(c) Leased vehicles: If a bus is operated by a person other than the owner as a part of a fleet which is subject to the provisions of this article, then the operator of such fleet shall be deemed to be the owner of said bus for the purposes of this article. "(d) Extent of privileges: Upon the registration of a fleet in a contracting State pursuant to this article, each bus in the fleet may be operated in both interstate and intrastate operations in such State (except as provided in article III (e)). "(e) Application for proration: The application for proration of registration shall be made in each contracting State upon substantially the application forms and supplements authorized by joint action of the administrators of the contracting States. "(f) Issuance of identification: Upon registration of a fleet, the State which is the base State of a particular bus of the fleet shall issue the required license plates and registration card for such bus and each contracting State in which the fleet of which such bus is a part operates shall issue a special identification identifying such bus. as a part of a fleet which has fully complied with the registration requirements of such State. The required license plates, registration cards, and identification shall be appropriately displayed in the manner required by or pursuant to the laws of each respective State. "(g) Additions to fleet: If any bus is added to a prorated fleet after the filing of the original application, the owner shall file a supplemental application. The owner shall register such bus in each contracting State in like manner as provided for buses listed in an original application and the registration fee payable shall be determined on the mileage proportion used to determine the registration fees payable for buses registered under the original application. "(h) Withdrawals from fleet: If any bus is withdrawn from a prorated fleet during the period for which it is registered or identified, the owner shall notify the administrator of each State in which it is registered or identified of such withdrawal and shall return the plates and registration card or identification as may be required by or pursuant to the laws of the respective States. (i) Audits: The Administrator of each contracting State shall, within the statutory authority of such administrator, make any in=formation obtained upon an audit of records of any applicant for proration of registration available to the administrators of the other contracting States. "(j) Errors in registration: If it is determined by the administrator of a contracting State, as a result of such audits or otherwise, that an improper fee has been paid his State, or errors in registration found, the administrator may require the fleet owner to make the necessary corrections in the registration of his fleet and payment of fees. "ARTICLE V-RECIPROCITY "(a) Grant of reciprocity: Each of the contracting States grants reciprocity as provided in this article. "(b) Applicability: The provisions of this agreement with respect to reciprocity shall apply only to a bus properly registered in the base State of the bus, which State must be a contracting State. "(c) Nonapplicability to fleet buses: The reciprocity granted pursuant to this article shall not apply to a bus which is entitled to be registered or identified as part of a prorated fleet. "(d) Extent of reciprocity: The reciprocity granted pursuant to this article shall permit the interstate operation of a bus and intra 71-725 0-66-43 79 STAT. 65. state operation which is incidental to a trip of such bus involving interstate operation. "(e) Other agreements: Nothing in this agreement shall be construed to prohibit any of the contracting States from entering into separate agreements with each other for the granting of temporary permits for the intrastate operation of vehicles registered in the other State; nor to prevent any of the contracting States from entering into agreements to grant reciprocity for intrastate operation within any zone or zones agreed upon by the States. "ARTICLE VI-WITHDRAWAL OR REVOCATION "Any contracting State may withdraw from this agreement upon thirty days' written notice to each other contracting State, which notice shall be given only after the repeal of this agreement by the legislature of such State, if adoption was by legislative act, or after renunciation by the appropriate administrative official of such contracting State if the laws thereof empower him so to renounce. "ARTICLE VII-CONSTRUCTION AND SEVERABILITY "This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any State or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any State participating herein, the compact shall remain in full force and effect as to the remaining party States and in full force and effect as to the State affected as to all severable matters." SEC. 202. The Board of Commissioners of the District of Columbia shall have the power to make such exemptions from the coverage of the agreement as may be appropriate and to make such changes in methods for the reporting of any information required to be furnished to the District of Columbia pursuant to the agreement as, in its judgment, shall be suitable: Provided, That any such exemptions or changes shall not be contrary to the purposes set forth in article I of the agreement and shall be made in order to permit the continuance of uniformity of practice among the contracting States with respect to buses. SEC. 203. The Board of Commissioners of the District of Columbia shall enter into the agreement authorized by section 201 of this title without further action on the part of the Congress, and issue such rules and regulations as may be necessary for the implementation of such agreement. Notwithstanding any provision of this Act, nothing herein shall be construed so as to affect the authority vested in the Board of Commissioners of the District of Columbia by ReorganiD. C. Code title zation Plan Numbered 5 of 1952 (66 Stat. 824). The performance of any function vested by this Act in the Board of Commissioners (other than the entry into a compact authorized by this Act) or in any office or agency under the jurisdiction and control of said Board of Commissioners may be delegated by said Board of Commissioners in accordance with section 3 of such plan. 1 app. D. C. Inconsistent laws. SEC. 204. All provisions of law applicable to the District of Columbia shall, to the extent they are inconsistent with the agreement 79 STAT. 66. authorized by this title, be inapplicable to the taxation and registration of buses in the District of Columbia during such time as the District is a party to such agreement. SEC. 205. Unless otherwise provided in any statute withdrawing D. C. the District of Columbia from participation in the agreement, the Notice of Board of Commissioners of the District of Columbia shall be the withdrawal by Commissioners. officer to give notice of withdrawal therefrom. SEC. 206. The right to alter, amend, or repeal this title is expressly reserved. Approved April 14, 1965. LEGISLATIVE HISTORY: HOUSE REPORT No. 102 accompanying H. R. 824 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 111 (1965): Mar. 15: Considered and passed Senate. Mar. 29: Considered and passed House, amended, in lieu of H. R. 824. Apr. 1: Senate concurred in House amendment. Public Law 89-35 89th Congress, H. R. 806 June 5, 1965 An Act 79 STAT. 124. To amend the Textile Fiber Products Identification Act to permit the listing on labels of certain fibers constituting less than 5 per centum of a textile fiber product. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) Textile Fiber of subsection (b) of section 4 of the Textile Fiber Products Identifi- Products Identication Act (15 U.S.C. 70b (b) (1)) is amended by inserting immedi- fication Act, ately before the period at the end thereof the following: ", but nothing amendment. in this section shall be construed as prohibiting the disclosure of any 72 Stat. 1719. fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount contained in such product". SEC. 2. Paragraph (2) of subsection (b) of section 4 of the Textile Fiber Products Identification Act is amended by inserting immediately before" Provided further" the following: ", but nothing in this section shall be construed as prohibiting the disclosure of any fiber present in a textile fiber product which has a clearly established and definite functional significance where present in the amount stated". Approved June 5, 1965. LEGISLATIVE HISTORY: HOUSE REPORT No. 328 (Comm. on Interstate & Foreign Commerce). May 17: Considered and passed House. May 26: Considered and passed Senate in lieu of S. 1129. |