[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 841 Referred in House (RFH)]

111th CONGRESS
  2d Session
                                 S. 841


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2010

 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

_______________________________________________________________________

                                 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.

            Passed the Senate December 9, 2010.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.