[Congressional Record Volume 156, Number 162 (Thursday, December 9, 2010)]
[Senate]
[Page S8690]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PEDESTRIAN SAFETY ENHANCEMENT ACT OF 2009
Mr. WYDEN. Mr. President, I ask unanimous consent that the Commerce
Committee be discharged from further consideration of S. 841, and the
Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 841) 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.
There being no objection, the Senate proceeded to consider the bill.
Mr. WYDEN. Mr. President, I ask unanimous consent that a Kerry
substitute amendment, which is at the desk, be agreed to, the bill, as
amended, be read a third time and passed, the motions to reconsider be
laid upon the table, with no intervening action or debate, and any
statements related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4750) was agreed to, as follows:
(Purpose: To require the Secretary of Transportation to establish a
motor vehicle safety standard for electric and hybrid vehicles that
would require such vehicles to emit a sound to alert pedestrians to
their operation)
Strike out all after the enacting clause and insert the
following:
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.
The bill (S. 841), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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