Safety is Not For Sale Act
Sponsored By: Representative Pallone
In Committee
Summary
Keep vehicle safety features separate from luxury add-ons and clearly priced. This bill would bar offering for sale or lease an optional safety feature to a first purchaser unless the feature is offered separately from any non-safety feature or is included as standard trim equipment, and it would require clear, separate disclosure of the safety feature's cost.
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- People buying cars would see the standalone price for life‑saving technology and could add safety features without being pushed into unrelated upgrade packages.
- The bill defines "optional safety feature" to include driver alerts, lane or collision warnings, improved lighting, enhanced roadway view, emergency crash alerts, and certain driver assistance functions. Automakers and dealers would have to offer those features separately or as standard and disclose their costs apart from non-safety options, with compliance starting 180 days after enactment.
- The Federal Trade Commission would enforce the prohibition under its unfair or deceptive acts authority. States could sue on behalf of residents after giving the FTC 60 days notice and may recover attorney fees if they prevail, but they may not bring duplicative state actions while a federal action is pending against the same defendant.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Clear definitions for car safety terms
If enacted, the bill would define key terms used for enforcement, including 'Commission' as the Federal Trade Commission. It would adopt the meanings of 'first purchaser', 'manufacturer', 'motor vehicle', and 'motor vehicle equipment' from 49 U.S.C. 30102. The bill would also define motor vehicle model and trim, what counts as standard model or trim equipment, and list functional criteria that make optional equipment an "optional safety feature" for this part.
FTC enforcement of safety-sale rules
If enacted, violations of the prohibition on certain offers of optional safety features would be treated as violations of an FTC rule about unfair or deceptive acts. The FTC would enforce the prohibition with the same powers, remedies, and jurisdiction it uses under the FTC Act. The bill would not limit the FTC's authority under other laws.
States can sue to enforce rules
If enacted, a State attorney general could sue on behalf of residents for violations to seek injunctions, civil penalties, damages, restitution, and other relief. The State would generally have to notify the FTC in writing at least 60 days before filing, unless 60 days is infeasible, in which case the State would notify the FTC immediately upon filing. If a State wins, it could recover reasonable costs and attorney fees, and the FTC could intervene in the case. A federal suit by the FTC or U.S. Attorney General would bar overlapping State suits while it is pending.
Safety features sold separately or standard
If enacted, dealers and manufacturers would not be allowed to offer an optional safety feature to a first purchaser unless the feature is sold separately from any non‑safety option or is included as standard trim. Sellers would have to disclose the cost of any optional safety feature clearly and separately from non‑safety features at the time of the first sale or lease. This rule would take effect 180 days after enactment.
Sponsors & CoSponsors
Sponsor
Pallone
NJ • D
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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