[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1641 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1641

 To require increased safety testing of 15-passenger vans, ensure the 
compliance of 15-passenger vans used as schoolbuses with motor vehicle 
  safety standards applicable to schoolbuses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2003

Mr. Udall of Colorado introduced the following bill; which was referred 
    to the Committee on Energy and Commerce, and in addition to the 
  Committee on Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To require increased safety testing of 15-passenger vans, ensure the 
compliance of 15-passenger vans used as schoolbuses with motor vehicle 
  safety standards applicable to schoolbuses, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Passenger Van Safety Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 15-passenger van.--The term ``15-passenger van'' means 
        a van designed or used to carry 9 to 15 passengers, including 
        the driver.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

                      TITLE I--ENHANCED VAN SAFETY

SEC. 101. DYNAMIC ROLLOVER TESTING PROGRAM.

    (a) Requirement for Rollover Testing.--Not later than 2 years after 
the date of the enactment of this Act, the Secretary shall, under 
Section 30117(c) of title 49, United States Code--
            (1) develop a dynamic test on rollovers by 15-passenger 
        vans for the purposes of a consumer information program; and
            (2) carry out a program of conducting such tests.
    (b) Amendment.--Section 30117(c) of title 49, United States Code, 
is amended by--
            (1) in paragraph (1), striking ``Not later than 2 years 
        from the date of the enactment of this subsection,''; and
            (2) in paragraph (3), after ``or less'', inserting ``, and 
        to vans designed or used to carry 9 to 15 passengers, including 
        the driver, irrespective of gross vehicle weight rating''.

SEC. 102. NEW CAR ASSESSMENT PROGRAM.

    The Secretary shall require the testing of 15-passenger vans at 
various load condition levels as part of the rollover resistance 
program of the National Highway Traffic Safety Administration's New Car 
Assessment Program.

SEC. 103. TESTING AND EVALUATION OF VAN STABILITY TECHNOLOGICAL 
              SYSTEMS.

    (a) Requirement for Testing and Evaluation.--The Secretary shall 
test and evaluate various technological systems to determine the 
effectiveness of such systems in assisting drivers of 15-passenger vans 
to control the vans under conditions that cause vehicle rollover.
    (b) Systems Tested.--The technological systems tested and evaluated 
under this section shall include electronic stability control systems, 
rear-view mirror-based rollover warning systems, traction systems, lane 
departure systems, and antilock brakes.
    (c) Consultation.--The Secretary shall consult with manufacturers 
of 15-passenger vans in the testing and evaluation of technological 
systems under this section.

SEC. 104. APPLICATION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
              REGULATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall issue a final rule initiated pursuant to the 
proposed rulemaking published in the Federal Register on January 11, 
2001, Docket No. FMCSA-2000-7017, relating to the application of 
Federal Motor Carrier Safety Regulations to the commercial operation of 
15-passenger vans.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this title.

         TITLE II--APPLICABILITY OF SCHOOL BUS SAFETY STANDARDS

SEC. 201. PROHIBITION ON PURCHASE, RENTAL, OR LEASE OF NONCOMPLYING 15-
              PASSENGER VANS FOR USE AS SCHOOLBUSES.

    (a) Prohibition.--Section 30112(a) of title 49, United States Code, 
is amended--
            (1) by inserting ``(1)'' before ``Except as provided in 
        this section''; and
            (2) by adding at the end the following:
    ``(2) Except as provided in this section, sections 30113 and 30114 
of this title, and subchapter III of this chapter, a person may not 
purchase, rent, or lease any motor vehicle designed or used to 
transport 9 to 15 passengers that the person knows or reasonably should 
know will be used significantly to transport preprimary, primary, and 
secondary school students to or from school or an event related to 
school, unless the motor vehicle complies with the motor vehicle 
standards prescribed for schoolbuses under section 30125 of this 
title.''.
    (b) Limitation on Application.--Subsection (a) shall not apply to 
any purchase, rental, or lease of a motor vehicle required under a 
contract entered into before the date of the enactment of this Act.

SEC. 202. PENALTY.

    Section 30165(a)(1) of title 49, United States Code, is amended--
            (1) by striking ``A'' before ``person'' and inserting ``(A) 
        Except as provided in subparagraph (B) of this paragraph, a''; 
        and
            (2) by adding at the end the following:
            ``(B) The maximum amount of a civil penalty under this 
        paragraph shall be $25,000, in the case of--
                    ``(i) the manufacture, sale, offer for sale, 
                introduction or delivery for introduction into 
                interstate commerce, or importation of a schoolbus or 
                schoolbus equipment (as those terms are defined in 
                section 30125(a) of this title) in violation of section 
                30112(a)(1) of this title; or
                    ``(ii) a violation of section 30112(a)(2) of this 
                title.
            ``(C) Subparagraph (B) does not affect the maximum penalty 
        that may be imposed under subparagraph (A) for a related series 
        of violations.
            ``(D) Notwithstanding section 3302(b) of title 31, 
        penalties collected under subparagraph (B)--
                    ``(i) shall be credited as offsetting collections 
                to the account that funds the enforcement of 
                subparagraph (B);
                    ``(ii) shall be available for expenditure only to 
                pay the costs of such enforcement; and
                    ``(iii) shall remain available until expended.''.
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