I 112th CONGRESS 1st Session H. R. 843 IN THE HOUSE OF REPRESENTATIVES February 28, 2011 Mr. Schock (for himself, Mr. Boswell, and Mr. Graves of Missouri) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to promulgate a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road.
1.
Rulemaking on road visibility of agricultural equipment
(a)
Rulemaking
Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation, after consultation with the American Society of Agricultural and Biological Engineers, other appropriate Federal agencies and other appropriate persons, shall promulgate a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road. Such rule shall establish minimum lighting and marking standards for applicable agricultural equipment manufactured 1 year or more subsequent to the effective date of the rule. Such rule shall provide for methods, materials, specifications, or equipment employed, equivalent to the standard set in ANSI/ASAE S279.14 published in July 2008 by the American Society of Agriculture and Biological Engineers and entitled Lighting and Marking of Agricultural Equipment on Highways, or any successor standard. (b)
Review
The Secretary shall periodically review not less than once every 5 years the standards established under this section and shall revise the standards to reflect the provisions of the edition of ANSI/ASAE S279 that is in effect at the time of the review. (c)
Rules of construction
(1)
compliance with successor standards
No provision of any rule promulgated pursuant to this section shall prohibit the operation on public roads of agricultural equipment that is equipped according to any adopted edition of ANSI/ASAE S279 that is later than the edition of such standard that was referenced during the promulgation of the rule. (2)
No retrofitting required
No provision of any rule promulgated pursuant to this section shall require the retrofitting of agricultural equipment that was manufactured prior to 1 year after the date on which a final rule is promulgated pursuant to subsection (a). (3)
No effect on additional materials and equipment
No provision of any rule promulgated pursuant to this section shall prohibit the operation on public roads of agricultural equipment that is equipped with materials or equipment that are in addition to the minimum materials and equipment specified by the standards promulgated under this rule. (d)
Definitions
As used in this Act— (1)the term agricultural equipment means agricultural field equipment as defined under the standard ANSI/ASABE S390.4 published by the American Society of Agriculture and Biological Engineers, or any successor standard; and (2)the term public road has the meaning given such term in section 101(27) of title 23, United States Code.