[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 841 Enrolled Bill (ENR)]

        S.841

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
To direct the Secretary of Transportation to study and establish a motor 
vehicle safety standard that provides for a means of alerting blind and 
              other pedestrians of motor vehicle operation.

    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 ``Pedestrian Safety Enhancement Act of 
2010'.

SEC. 2. DEFINITIONS.

    As used in this Act--
        (1) the term ``Secretary'' means the Secretary of 
    Transportation;
        (2) the term ``alert sound'' (herein referred to as the 
    ``sound'') means a vehicle-emitted sound to enable pedestrians to 
    discern vehicle presence, direction, location, and operation;
        (3) the term ``cross-over speed'' means the speed at which tire 
    noise, wind resistance, or other factors eliminate the need for a 
    separate alert sound as determined by the Secretary;
        (4) the term ``motor vehicle'' has the meaning given such term 
    in section 30102(a)(6) of title 49, United States Code, except that 
    such term shall not include a trailer (as such term is defined in 
    section 571.3 of title 49, Code of Federal Regulations);
        (5) the term ``conventional motor vehicle'' means a motor 
    vehicle powered by a gasoline, diesel, or alternative fueled 
    internal combustion engine as its sole means of propulsion;
        (6) the term ``manufacturer'' has the meaning given such term 
    in section 30102(a)(5) of title 49, United States Code;
        (7) the term ``dealer'' has the meaning given such term in 
    section 30102(a)(1) of title 49, United States Code;
        (8) the term ``defect'' has the meaning given such term in 
    section 30102(a)(2) of title 49, United States Code;
        (9) the term ``hybrid vehicle'' means a motor vehicle which has 
    more than one means of propulsion; and
        (10) the term ``electric vehicle'' means a motor vehicle with 
    an electric motor as its sole means of propulsion.

SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.

    (a) Rulemaking Required.--Not later than 18 months after the date 
of enactment of this Act the Secretary shall initiate rulemaking, under 
section 30111 of title 49, United States Code, to promulgate a motor 
vehicle safety standard--
        (1) establishing performance requirements for an alert sound 
    that allows blind and other pedestrians to reasonably detect a 
    nearby electric or hybrid vehicle operating below the cross-over 
    speed, if any; and
        (2) requiring new electric or hybrid vehicles to provide an 
    alert sound conforming to the requirements of the motor vehicle 
    safety standard established under this subsection.
The motor vehicle safety standard established under this subsection 
shall not require either driver or pedestrian activation of the alert 
sound and shall allow the pedestrian to reasonably detect a nearby 
electric or hybrid vehicle in critical operating scenarios including, 
but not limited to, constant speed, accelerating, or decelerating. The 
Secretary shall allow manufacturers to provide each vehicle with one or 
more sounds that comply with the motor vehicle safety standard at the 
time of manufacture. Further, the Secretary shall require manufacturers 
to provide, within reasonable manufacturing tolerances, the same sound 
or set of sounds for all vehicles of the same make and model and shall 
prohibit manufacturers from providing any mechanism for anyone other 
than the manufacturer or the dealer to disable, alter, replace, or 
modify the sound or set of sounds, except that the manufacturer or 
dealer may alter, replace, or modify the sound or set of sounds in 
order to remedy a defect or non-compliance with the motor vehicle 
safety standard. The Secretary shall promulgate the required motor 
vehicle safety standard pursuant to this subsection not later than 36 
months after the date of enactment of this Act.
    (b) Consideration.--When conducting the required rulemaking, the 
Secretary shall--
        (1) determine the minimum level of sound emitted from a motor 
    vehicle that is necessary to provide blind and other pedestrians 
    with the information needed to reasonably detect a nearby electric 
    or hybrid vehicle operating at or below the cross-over speed, if 
    any;
        (2) determine the performance requirements for an alert sound 
    that is recognizable to a pedestrian as a motor vehicle in 
    operation; and
        (3) consider the overall community noise impact.
    (c) Phase-in Required.--The motor vehicle safety standard 
prescribed pursuant to subsection (a) of this section shall establish a 
phase-in period for compliance, as determined by the Secretary, and 
shall require full compliance with the required motor vehicle safety 
standard for motor vehicles manufactured on or after September 1st of 
the calendar year that begins 3 years after the date on which the final 
rule is issued.
    (d) Required Consultation.--When conducting the required study and 
rulemaking, the Secretary shall--
        (1) consult with the Environmental Protection Agency to assure 
    that the motor vehicle safety standard is consistent with existing 
    noise requirements overseen by the Agency;
        (2) consult consumer groups representing individuals who are 
    blind;
        (3) consult with automobile manufacturers and professional 
    organizations representing them;
        (4) consult technical standardization organizations responsible 
    for measurement methods such as the Society of Automotive 
    Engineers, the International Organization for Standardization, and 
    the United Nations Economic Commission for Europe, World Forum for 
    Harmonization of Vehicle Regulations.
    (e) Required Study and Report to Congress.--Not later than 48 
months after the date of enactment of this Act, the Secretary shall 
complete a study and report to Congress as to whether there exists a 
safety need to apply the motor vehicle safety standard required by 
subsection (a) to conventional motor vehicles. In the event that the 
Secretary determines there exists a safety need, the Secretary shall 
initiate rulemaking under section 30111 of title 49, United States 
Code, to extend the standard to conventional motor vehicles.

SEC. 4. FUNDING.

    Notwithstanding any other provision of law, $2,000,000 of any 
amounts made available to the Secretary of Transportation under under 
section 406 of title 23, United States Code, shall be made available to 
the Administrator of the National Highway Transportation Safety 
Administration for carrying out section 3 of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.