[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2380 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2380

    To amend title 23, United States Code, to improve the safety of 
       children purchasing food items from frozen dessert trucks.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2021

Mr. Blumenthal introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To amend title 23, United States Code, to improve the safety of 
       children purchasing food items from frozen dessert trucks.

    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 ``Tristan's Law''.

SEC. 2. RESERVATION OF FUNDS TO INCREASE SAFETY OF FROZEN DESSERT TRUCK 
              PATRONS.

    (a) Findings.--Congress finds that--
            (1) in 2016, more than 20 percent of the 1,233 children 
        killed in traffic crashes were pedestrians;
            (2) frozen dessert trucks present a very specific hazard 
        for children;
            (3) in approaching, or departing from, a frozen dessert 
        truck--
                    (A) children may pay little attention to traffic; 
                and
                    (B) the truck may screen the children from driver 
                visibility;
            (4) States and units of local government have issued 
        ordinances to modify the behavior of drivers in the vicinity of 
        frozen dessert trucks to reduce speeds and improve the safety 
        of children approaching, or departing from, the trucks;
            (5) requiring drivers to come to a complete stop before 
        passing a frozen dessert truck that is stopped to vend can 
        reduce safety threats posed to children;
            (6) requiring frozen dessert trucks to be equipped with 
        flashing signal lamps, a stop signal arm, a convex mirror, and 
        a front crossing arm can reduce safety threats posed to 
        children visiting the trucks; and
            (7) the Federal Government can play a role in reducing 
        pedestrian injuries associated with frozen dessert truck 
        operations.
    (b) National Priority Safety Programs Reservation of Funds.--
Section 405 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (7), by striking ``5 percent'' and 
                inserting ``4 percent'';
                    (B) in paragraph (8)--
                            (i) by striking ``through (7)'' and 
                        inserting ``through (8)''; and
                            (ii) by striking ``through (h)'' and 
                        inserting ``through (i)'';
                    (C) by redesignating paragraphs (8) through (10) as 
                paragraphs (9) through (11), respectively; and
                    (D) by inserting after paragraph (7) the following:
            ``(8) Safety of frozen dessert truck patrons.--In each 
        fiscal year, 1 percent of the funds provided under this section 
        shall be allocated among States that adopt and implement laws 
        to increase the safety of frozen dessert truck patrons (as 
        described in subsection (i)).''; and
            (2) by adding at the end the following:
    ``(i) Safety of Frozen Dessert Truck Patrons.--
            ``(1) Definition of frozen dessert truck.--In this 
        subsection, the term `frozen dessert truck' means a motor 
        vehicle in which 1 or more frozen desserts (within the meaning 
        of part 135 of title 21, Code of Federal Regulations (or 
        successor regulations)) are carried on the highway for purposes 
        of retail sale from a door or window of the motor vehicle to an 
        individual consumer at any location.
            ``(2) General authority.--Subject to the requirements of 
        this subsection, the Secretary shall award grants to States for 
        the purpose of establishing and implementing laws (including 
        regulations) that require frozen dessert trucks to be equipped 
        as described in paragraph (3).
            ``(3) Frozen dessert truck equipment.--For purposes of 
        paragraph (2), a frozen dessert truck shall be equipped with 
        each of the following:
                    ``(A) Signal lamps.--1 or more signal lamps that--
                            ``(i) are mounted--
                                    ``(I) at the same level; and
                                    ``(II) as high on the frozen 
                                dessert truck, and as widely spaced 
                                laterally, as is practicable;
                            ``(ii) are not less than 5, and not more 
                        than 7, inches in diameter; and
                            ``(iii) display 2 alternately flashing red 
                        lights visible at a distance of not less than 
                        500 feet, to the front and rear of the frozen 
                        dessert truck, in normal sunlight on a 
                        straight, level highway.
                    ``(B) Stop signal arm.--
                            ``(i) In general.--A stop signal arm--
                                    ``(I) that can be extended 
                                horizontally from the left side of the 
                                frozen dessert truck;
                                    ``(II) when extended--
                                            ``(aa) the side nearest the 
                                        frozen dessert truck of which 
                                        shall be--

                                                    ``(AA) 7.25 inches 
                                                long; and

                                                    ``(BB) parallel to 
                                                the side of the frozen 
                                                dessert truck;

                                            ``(bb) the side farthest 
                                        from the frozen dessert truck 
                                        of which shall be--

                                                    ``(AA) 18 inches 
                                                long; and

                                                    ``(BB) parallel to 
                                                the side nearest the 
                                                frozen dessert truck;

                                            ``(cc) the 2 sides of which 
                                        shall be 18 inches apart, 
                                        creating a symmetrical, 
                                        trapezoidal shape; and
                                            ``(dd) the bottom of which 
                                        shall be approximately 42 
                                        inches above the street;
                                    ``(III) the outside corners of 
                                which--
                                            ``(aa) when extended, 
                                        feature 2 alternately flashing 
                                        red lights, each of which shall 
                                        be--

                                                    ``(AA) not less 
                                                than 3, and not more 
                                                than 5, inches in 
                                                diameter; and

                                                    ``(BB) visible at a 
                                                distance of not less 
                                                than 300 feet, to the 
                                                front and rear of the 
                                                frozen dessert truck, 
                                                in normal sunlight on a 
                                                straight, level 
                                                highway; and

                                            ``(bb) are rounded to 
                                        conform to the shape of the 
                                        lights described in item (aa); 
                                        and
                                    ``(IV) both sides of which shall 
                                feature--
                                            ``(aa) a red, reflectorized 
                                        background; and
                                            ``(bb) a legend described 
                                        in clause (ii).
                            ``(ii) Description of legend.--A legend 
                        referred to in clause (i)(IV)(bb) is a legend 
                        in which--
                                    ``(I) the word `STOP' appears in 6-
                                inch-high white letters, not to exceed 
                                4 inches in length, in the middle of 
                                the stop signal arm;
                                    ``(II) above the word `STOP', the 
                                phrase `IF SAFE' appears in 2-inch-high 
                                white letters, not to exceed 1.75 
                                inches in length;
                                    ``(III) below the word `STOP', the 
                                phrase `THEN GO' appears in 2-inch-high 
                                white letters, not to exceed 1.75 
                                inches in length; and
                                    ``(IV) the colors (including the 
                                colors of the background) conform to 
                                the requirements described in the 
                                Manual on Uniform Traffic Control 
                                Devices for Streets and Highways 
                                published by the Federal Highway 
                                Administration.
                    ``(C) Mirror.--A convex mirror mounted on the front 
                of the frozen dessert truck in a manner that ensures 
                that the operator of the frozen dessert truck, when 
                sitting in a normal operating seating position, is 
                capable of seeing the area in front of the frozen 
                dessert truck that, absent the mirror, would be 
                obscured by the hood of the frozen dessert truck.
                    ``(D) Front crossing arm.--A front crossing arm--
                            ``(i) that is--
                                    ``(I) attached to the front bumper 
                                of the frozen dessert truck; and
                                    ``(II) hinged from the right side 
                                of the frozen dessert truck;
                            ``(ii) the bottom of which shall be not 
                        less than 16, and not more than 20, inches 
                        above the street;
                            ``(iii) that is--
                                    ``(I) made of any durable material; 
                                and
                                    ``(II) covered with yellow or white 
                                reflective material; and
                            ``(iv) that extends--
                                    ``(I) in conjunction with the stop 
                                signal arm described in subparagraph 
                                (B);
                                    ``(II) when extended outward in 
                                front of the frozen dessert truck, not 
                                less than 4, and not more than 6, feet 
                                parallel to the street; and
                                    ``(III) when retracted against the 
                                front of the frozen dessert truck, not 
                                past the width of the frozen dessert 
                                truck on the left side of the frozen 
                                dessert truck operator.
            ``(4) Grant amount.--The allocation of grant funds to a 
        State under this subsection for a fiscal year shall be in 
        proportion to the apportionment of the State under section 402 
        for fiscal year 2009.
            ``(5) Study.--
                    ``(A) In general.--The Secretary shall conduct a 
                study of--
                            ``(i) the extent of pedestrian injuries and 
                        fatalities relating to frozen dessert trucks, 
                        including the percentage of those injuries and 
                        fatalities experienced by children;
                            ``(ii) potential countermeasures to modify 
                        the behavior of drivers in the vicinity of 
                        frozen dessert trucks to reduce speeds and 
                        improve safety when children approach the 
                        frozen dessert trucks; and
                            ``(iii) the feasibility of requiring 
                        operators of frozen dessert trucks not to stop 
                        or park the frozen dessert trucks to vend to a 
                        child in any location at which the child would 
                        be required to cross a highway to approach the 
                        frozen dessert truck.
                    ``(B) Countermeasures for states.--Based on the 
                results of the study under subparagraph (A), the 
                Secretary, acting through the Administrator of the 
                National Highway Traffic Safety Administration, shall 
                issue guidance for State highway safety officers 
                relating to methods of improving the safety of frozen 
                dessert trucks and frozen dessert truck patrons.
                    ``(C) Report.--The Secretary shall submit to the 
                Committee on Commerce, Science, and Transportation of 
                the Senate and the Committee on Transportation and 
                Infrastructure of the House of Representatives a report 
                describing the results of the study under subparagraph 
                (A).''.
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