[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1511 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1511
To reduce the number of preventable deaths and injuries caused by
underride crashes, to improve motor carrier and passenger motor vehicle
safety, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2019
Mr. Cohen (for himself and Mr. DeSaulnier) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure
_______________________________________________________________________
A BILL
To reduce the number of preventable deaths and injuries caused by
underride crashes, to improve motor carrier and passenger motor vehicle
safety, 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 ``Stop Underrides Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) underride crashes involving passenger motor vehicles
striking and traveling underneath a truck or trailer are a
significant public health and safety threat;
(2) the National Highway Traffic Safety Administration has
reported that hundreds of preventable fatalities and life-
threatening injuries have occurred as a result of underride
crashes;
(3) the National Transportation Safety Board has
recommended the installation of rear, side, and front underride
guards on tractor-trailers and rear and side underride guards
on single unit trucks to improve passenger motor vehicle
safety; and
(4) this Act is introduced in the memory of the thousands
of victims of underride crashes, including--
(A) Roya Christine Sadigh, AnnaLeah Karth, Mary
Lydia Karth, Roderick Cota, Moonjohn Kim, Corey Moore,
Gregg Williams, Guy Champ Crawford, Carl Hall, Michael
Higginbotham, Sandra Maddamma, David Mathis, Mary
Katherine Mathis, James Mooney, Christopher Weigl, Bill
Zink, David Magnan, Jasen Swift, Samuel Sierra,
Brittany McHargue, Christopher Samuel Padilla, Riley
Hein, Erin Alexander, Jordan Hensley, and Edward Hall;
(B) those whose catastrophic injuries dramatically
changed their lives, including Julie Magnan, Nancy
Meuleners, Joshua Rojas, Maiv Yang, Anita Plantage
Bomgaars, and Michael B. Hawkins; and
(C) those whose precious lives were cut far too
short as a result of preventable underride crashes.
(b) Purposes.--The purposes of this Act are--
(1) to reduce the number of preventable deaths and injuries
caused by underride crashes; and
(2) to improve motor carrier and passenger motor vehicle
safety.
SEC. 3. DEFINITIONS.
Section 30102(a) of title 49, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter:'';
(2) by redesignating paragraphs (1), (2), (3), (4), (5),
(6), (7), (8), (9), (10), (11), (12), and (13) as paragraphs
(2), (3), (4), (5), (7), (8), (9), (10), (11), (12), (15),
(20), and (22), respectively;
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) `comprehensive underride protection system' means all
of the front underride guards, rear underride guards, or side
underride guards, as applicable, installed on a motor
vehicle.'';
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) `front underride guard' means a device installed on
or near the front of a motor vehicle that prevents or limits
the distance that a vehicle struck by the vehicle with the
device will slide under the front of the striking vehicle.'';
(5) by inserting after paragraph (12) (as so redesignated)
the following:
``(13) `passenger motor vehicle' has the meaning given that
term in section 32101.
``(14) `rear underride guard' means a device installed on
or near the rear of a motor vehicle that prevents or limits the
distance that the front end of a vehicle striking the rear of
the vehicle with the device will slide under the rear of the
impacted vehicle.'';
(6) by inserting after paragraph (15) (as so redesignated)
the following:
``(16) `Secretary' means the Secretary of Transportation.
``(17) `semi-trailer' means a trailer, other than a pole
trailer, which is designed to rest upon, or be carried by, a
motor vehicle.
``(18) `side underride guard' means a device installed on
or near the side of a motor vehicle that prevents or limits the
distance that the front end of a vehicle striking the side of
the vehicle with the device will slide under the side of the
impacted vehicle.
``(19) `single unit truck' means a truck (excluding any
attached trailer).'';
(7) by inserting after paragraph (20) (as so redesignated)
the following:
``(21) `trailer' means a vehicle, with or without motive
power, that is designed--
``(A) to carry persons or property; and
``(B) to be drawn by a motor vehicle.''; and
(8) by inserting ``The term'' after the paragraph
designation in each of paragraphs (1) through (22) (as so
redesignated).
SEC. 4. UNDERRIDE GUARD RULEMAKING.
(a) In General.--Subchapter II of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30129. Underride guards
``(a) Rear Underride Guards.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue a final
rule to require the installation of rear underride guards that
meet the performance standards described in paragraph (3) on--
``(A) any trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule;
``(B) any semi-trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule; and
``(C) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured on or after
the effective date of the rule.
``(2) Retro-fit requirements.--Not later than 2 years after
the date of enactment of this section, the Secretary shall
issue a final rule requiring the installation of rear underride
guards that meet the performance standards described in
paragraph (3) on--
``(A) any trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured
before the effective date of the rule under paragraph
(1);
``(B) any semi-trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured
before the effective date of the rule under paragraph
(1); and
``(C) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured before the
effective date of the rule under paragraph (1).
``(3) Performance standards.--A rear underride guard shall
be considered to meet the performance standard referred to in
paragraphs (1) and (2) if the rear underride guard is able to
prevent intrusion from the body or frame of a vehicle described
in paragraph (1) or (2), as applicable, into the passenger
compartment of a passenger motor vehicle that contacts the
guard while traveling at 35 miles per hour, as verified through
crash testing while attached to a trailer, after--
``(A) an impact in which the passenger vehicle
impacts the center of the rear of the trailer, semi-
trailer, or single unit truck;
``(B) an impact in which 50 percent the width of
the passenger vehicle overlaps the rear of the trailer,
semi-trailer, or single unit truck; and
``(C) an impact in which 30 percent of the width of
the passenger vehicle overlaps the rear of the trailer,
semi-trailer, or single unit truck.
``(4) Compliance dates.--
``(A) In general.--Except as provided in
subparagraph (B), compliance with each of the rules
issued by the Secretary under paragraphs (1) and (2)
shall be required beginning 1 year after the date on
which the final rule is published in the Federal
Register.
``(B) Phase-in.--The Secretary may permit a phase-
in period (not to exceed 2 years) for the installation
of rear underride guards on trailers, semi-trailers,
and single unit trucks described in paragraph (2).
``(b) Side Underride Guards.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall issue a final
rule requiring the installation of side underride guards that
meet the performance standards described in paragraph (3) on--
``(A) any trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule;
``(B) any semi-trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule; and
``(C) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured on or after
the effective date of the rule.
``(2) Retro-fit requirements.--Not later than 2 years after
the date of enactment of this section, the Secretary shall
issue a final rule requiring the installation of side underride
guards that meet the performance standards described in
paragraph (3) on--
``(A) any trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured
before the effective date of the rule required by
paragraph (1);
``(B) any semi-trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured
before the effective date of the rule required by
paragraph (1); and
``(C) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured before the
effective date of the rule required by
paragraph (1).
``(3) Performance standards.--A side underride guard shall
be considered to meet the performance standards referred to in
paragraphs (1) and (2) if the side underride guard is able to
prevent intrusion from the body or frame of a vehicle described
in paragraph (1) or (2), as applicable, into the passenger
compartment of a passenger motor vehicle that contacts the
guard while traveling 35 miles per hour at any angle between 10
degrees and 90 degrees.
``(4) Compliance dates.--
``(A) In general.--Except as provided in
subparagraph (B), compliance with each of the rules
issued by the Secretary under paragraphs (1) and (2)
shall be required beginning on the date that is 1 year
after the respective issuance date of each rule.
``(B) Phase-in.--The Secretary may permit a phase-
in period, not to exceed 3 years, for the installation
of side underride guards on trailers, semi-trailers,
and single unit trucks described in paragraph (2).
``(c) Front Underride Guards.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final
rule requiring the installation of front underride guards on--
``(A) any trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule;
``(B) any semi-trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured on
or after the effective date of the rule; and
``(C) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured on or after
the effective date of the rule.
``(2) Retrofit requirements.--Not later than 3 years after
the date of enactment of this section, the Secretary shall
issue a rule requiring the installation of front underride
guards on--
``(A) any trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured
before the effective date of the rule under paragraph
(1);
``(B) any semi-trailer with a gross vehicle weight
rating of 10,000 pounds or more that is manufactured
before the effective date of the rule under paragraph
(1); and
``(C) any single unit truck--
``(i) the bottom of the carriage of which
is greater than 22 inches above the ground;
``(ii) with a gross vehicle weight rating
of 10,000 pounds or more; and
``(iii) that is manufactured before the
effective date of the rule under paragraph (1).
``(3) Compliance dates.--
``(A) In general.--Except as provided in
subparagraph (B), compliance with each of the rules
issued by the Secretary under paragraphs (1) and (2)
shall be required beginning on the date that is 1 year
after the respective issuance date of each rule.
``(B) Phase-in.--The Secretary may permit a phase-
in period (not to exceed 3 years) for the installation
of front underride guards on vehicles described in
paragraph (2).
``(4) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
``(A) complete research on equipping the vehicles
described in paragraphs (1) and (2) with a front
underride guard to prevent trucks from overriding the
passenger vehicle; and
``(B) submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committees on
Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report on
the research described in subparagraph (A).
``(d) Inspection and Repair Requirements.--
``(1) Post-accident inspections.--To ensure that all
trailers, semi-trailers, and single unit trucks are maintained
in safe and proper operating condition at all times, the
Secretary shall require that any trailer, semi-trailer, or
single unit truck involved in an accident (as defined in
section 390.5 of title 49, Code of Federal Regulations (or a
successor regulation)) undergo and pass an inspection described
in appendix G to subchapter B of chapter III of title 49, Code
of Federal Regulations (or successor regulations), to certify
that all components of the trailer, semi-trailer, or single
unit truck, as applicable, are in safe and proper operating
condition.
``(2) Pre-trip inspections.--The Secretary shall require
drivers--
``(A) to conduct a pre-trip inspection of the
comprehensive underride protection system required
under this section on their trailer, semi-trailer, or
single unit truck--
``(i) to identify--
``(I) any metal perforated by rust
or corrosion that compromises
structural integrity;
``(II) cracked welds;
``(III) cracked or fractured
vertical members;
``(IV) cuts and tears in any
underride guard; and
``(V) missing fasteners and loose
fasteners; and
``(ii) to ensure the dimensional integrity
of those guards;
``(B) to include the results of the inspection
described in subparagraph (A) in the driver vehicle
inspection report; and
``(C) to complete any necessary repairs to, or
replacement of, the underride protection system before
the vehicle is operated.''.
(b) Clerical Amendment.--The chapter analysis for chapter 301 of
title 49, United States Code, is amended by striking the item relating
to section 30128 and inserting the following:
``30128. Vehicle rollover prevention and crash mitigation.
``30129. Underride guards.''.
(c) Rulemakings.--The Secretary of Transportation shall amend--
(1) sections 396.11 and 396.13 of title 49, Code of Federal
Regulations, in accordance with section 30129(d)(2) of title
49, United States Code (as added by subsection (a));
(2) section 396.17 of title 49, Code of Federal
Regulations, to include a requirement that motor carriers and
intermodal equipment providers include an inspection of the
comprehensive underride protection system (as defined in
section 30102(a) of title 49, United States Code) of the
commercial motor vehicle in a periodic inspection required
under section 396.17 of title 49, Code of Federal Regulations;
(3) section 392.7 of title 49, Code of Federal Regulations,
to include the comprehensive underride protection system (as
defined in section 30102(a) of title 49, United States Code) in
the list of parts and accessories and components required to be
in good working order under each of subsections (a) and (b) of
section 392.7 of title 49, Code of Federal Regulations; and
(4) appendix G to subchapter B of chapter III of title 49,
Code of Federal Regulations--
(A) by redesignating paragraphs 6 (relating to safe
loading) through 14 (relating to motorcoach seats) as
paragraphs 7 through 15, respectively; and
(B) by inserting after paragraph 5 (relating to
lighting devices) the following:
``6. Rear impact guards and rear end protection.--Any
trailer or semitrailer required under section 393.86 to be
equipped with a rear impact guard or rear end protection--
``(A) that does not meet the requirements under
section 393.86;
``(B) that--
``(i) is missing; or
``(ii) has--
``(I) any metal perforated by rust
or corrosion that compromises
structural integrity;
``(II) a cracked weld;
``(III) a cracked or fractured
vertical member;
``(IV) a cut or tear in any
underride guard component; or
``(V) a missing fastener or a loose
fastener; or
``(C) for which the dimensional integrity of the
guard or protection is compromised.''.
SEC. 5. RESEARCH AND PERIODIC REVIEW OF UNDERRIDE GUARD STANDARDS.
(a) Request for Proposals.--As soon as practicable, the Secretary
of Transportation shall issue a Request for Proposals for the design of
2 high capacity rear underride barrier prototypes of a generic guard
(with energy absorption and without energy absorption) to prevent
underride crashes and protect motor vehicle passengers against severe
injury at crash speeds of up to 65 miles per hour.
(b) Evaluation.--The Secretary shall--
(1) evaluate the proposals received in response to the
Request for Proposals issued pursuant to subsection (a); and
(2) update the underride guard standards under section
30129 of title 49, United States Code (as added by section
4(a)), as appropriate, to provide the best underride protection
that is technologically feasible.
(c) Periodic Reviews.--
(1) In general.--Not later than 5 years after the underride
guard standards are updated pursuant to subsection (b)(2), and
every 5 years thereafter, the Secretary shall--
(A) conduct a review of underride guard standards
to evaluate the need for changes in response to
advancements in technology; and
(B) update the standards accordingly.
(2) Report.--After each review conducted under this
section, the Secretary shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committees on Transportation and Infrastructure and Energy and
Commerce of the House of Representatives a report on the
results of the review.
SEC. 6. COMMITTEE ON UNDERRIDE PROTECTION.
(a) Establishment.--The Secretary of Transportation shall establish
the Committee on Underride Protection (referred to in this section as
the ``Committee'') to oversee the ongoing underride rulemaking process.
(b) Representation.--The Committee shall be composed of--
(1) 1 representative of truck manufacturers;
(2) 1 representative of trailer manufacturers;
(3) 1 roadside inspector;
(4) 1 motor vehicle engineer, who shall be a technician who
works on motor vehicle safety improvements;
(5) 1 motor vehicle crash reconstructionist;
(6) 2 representatives of consumer-oriented traffic safety
organizations;
(7) 1 representative of the truck and auto insurance
industry;
(8) 1 law enforcement crash investigator;
(9) 1 emergency medical service provider;
(10) 1 public health or injury prevention professional; and
(11) at least 4 people whose families have been impacted by
an underride crash.
(c) Meetings.--The Committee shall meet--
(1) until the final rules have been issued pursuant to
section 30129 of title 49, United States Code (as added by
section 4(a))--
(A) monthly, via conference call; and
(B) quarterly, in person, at the Department of
Transportation headquarters; and
(2) subsequent to the issuance of the final rules described
in paragraph (1), annually, at the Department of Transportation
headquarters, to assess the status of underride crash
protection.
(d) Annual Report.--The Committee shall submit an annual report to
the appropriate congressional committees that describes the progress
made by the Secretary of Transportation in meeting the rulemaking
deadlines set forth in section 30129 of title 49, United States Code
(as added by section 4(a)).
SEC. 7. PUBLICATION OF VICTIMS OF TRUCK UNDERRIDE CRASHES.
The Secretary of Transportation shall--
(1) publish data on victims of truck underride crashes on a
publicly accessible website; and
(2) update the data described in paragraph (1) not less
frequently than quarterly.
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