[Congressional Record Volume 156, Number 166 (Wednesday, December 15, 2010)]
[House]
[Pages H8411-H8412]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               PEDESTRIAN SAFETY ENHANCEMENT ACT OF 2010

  Mr. BARROW. Madam Speaker, I move to suspend the rules and pass the 
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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                 S. 841

       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.

                              {time}  1730

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Georgia (Mr. Barrow) and the gentleman from Pennsylvania (Mr. Pitts) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Georgia.


                             General Leave

  Mr. BARROW. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Georgia?
  There was no objection.
  Mr. BARROW. I yield myself such time as I may consume.
  Madam Speaker, as hybrid and electric vehicles take hold in the 
market, they bring lots of benefits to consumers trying to shield 
themselves from rising gas prices and help reduce our Nation's 
dependence on foreign oil, but the near-silent operation of their 
combustion-free engines has presented unintended challenges for blind 
and sighted pedestrians.
  NHTSA research, including a study published in April this year, 
confirms that the absence of sounds indicating vehicle movement can 
create serious safety risks for blind and sighted pedestrians, unable 
to detect vehicles as they back up, turn, or approach an intersection.
  Earlier, NHTSA research found that hybrid and electric vehicles are 
two times more likely to be involved in a pedestrian collision at a low 
speed than conventional vehicles. Blind pedestrians are among the most 
vulnerable; but cyclists, seniors, and children are also among those 
greatly affected as the number of hybrid and electric vehicles on the 
road increases.
  The bill before us offers a straightforward solution directing the 
National Highway Traffic Safety Administration to create a standard for 
hybrid and electric vehicles to emit appropriate conforming sounds when 
traveling at low speeds. In addition, the bill gives the agency 3 years 
to develop the standard, gives manufacturers a 3-year phase-in period, 
calls on NHTSA to consider the overall community noise impact, and 
protects against the unauthorized disabling, modification, or 
replacement of the sounds.

[[Page H8412]]

  I am pleased that the bill has received strong support from the 
National Federation of the Blind and the Alliance of Automobile 
Manufacturers. I commend manufacturers of hybrid and electric vehicles 
that have already stepped forward to work with NHTSA to address this 
serious safety issue.
  I also want to thank my chairman, Chairman Rush, and my colleagues, 
the gentleman from New York (Mr. Towns) and the gentleman from Florida 
(Mr. Stearns), for their leadership on this issue, which has a strong 
record of bipartisan awareness and support. I urge my colleagues to 
support this legislation.
  I reserve the balance of my time.
  Mr. PITTS. Madam Speaker, I yield myself such time as I may consume.
  I rise in support of Senate 841. I commend Congressman Towns and 
Congressman Stearns for their efforts to improve pedestrian safety as 
the champions of the House companion legislation to Senate 841. They 
have worked with all the stakeholders to champion the legislative 
compromise that the Senate passed and which is before us today.
  The National Federation of the Blind and the auto industry support 
the compromise legislation that will ensure pedestrian safety is not 
compromised by evolving engine technology.
  The success of hybrid cars represents technological progress, but the 
byproduct is a silent engine that has raised concerns they are not 
audible to pedestrians and can jeopardize their safety. Quiet 
technology makes it very difficult for the blind and other pedestrians, 
such as children, joggers, or bicyclists, to evaluate traffic they do 
not see. The concern is greatest for blind pedestrians that rely on 
audible attributes of cars to evaluate direction and speed of traffic 
to ensure their safety. New vehicles that employ hybrid or electric 
engine technology can be silent, rendering them extremely dangerous in 
situations where vehicles and pedestrians come into proximity with each 
other.
  The changes required by the legislation will become more important as 
hybrid technology becomes more and more widely deployed, and so I urge 
support.
  I reserve the balance of my time.
  Mr. BARROW. Madam Speaker, I yield such time as he may consume to the 
gentleman from New York (Mr. Towns).
  Mr. TOWNS. Madam Speaker, I would like to thank the gentleman from 
Georgia for yielding time, and of course the ranking member as well. I 
rise to urge my colleagues to vote in favor of S. 841, the Pedestrian 
Safety Enhancement Act.
  Today, environmentally friendly vehicles are quickly becoming a 
staple in the lives of Americans who are attempting to go green. I 
applaud the use of technology that decreases air pollution and fossil 
fuel consumption; however, we must address an unforeseen consequence of 
such innovation.
  Over the years, we have heard tragic stories involving pedestrians 
and hybrid or electric vehicles. Not too long ago, news accounts were 
the story of a young child hit by a hybrid car. This accident was not 
caused by a driver's negligence or a car's manufacturing defect. It 
occurred because the child never heard the approaching car. The 
hybrids: engines were simply too quiet. Environmentally friendly 
vehicles such as hybrids often fail to produce audible sounds when 
driven.
  The silent nature of these vehicles, coupled with the growing 
popularity, presents a dilemma: How do we protect individuals dependent 
on sounds for their safety, such as unsuspecting pedestrians and the 
blind? The solution lies in the Pedestrian Safety Act.
  This act requires the Secretary of Transportation to conduct a study 
of the minimum level of sound required for environmentally friendly 
vehicles. Once this safety standard is determined, it will be applied 
to all new automobiles manufactured or sold in the United States 
beginning 2 years after the standard is issued. This is an effective 
way, not only to prevent avoidable injuries to pedestrians, but to do 
so without impeding innovation with stringent regulations.
  It is clear that environmentally friendly vehicles are growing in 
popularity. While it is important to embrace technology that benefits 
our environment, we must do so with the safety of all citizens in mind.
  This bill successfully passed the Senate last week and has been a 
long time coming here in the House. Our Chamber's companion bill, H.R. 
734, has 238 bipartisan cosponsors. The bill coming to us from the 
Senate is even stronger. It is completely deficit neutral and supported 
by the Alliance of Automobile Manufacturers, the National Federation of 
the Blind, the Association of International Automobile Manufacturers, 
and the American Council of the Blind.
  Before I conclude, Madam Speaker, let me take a moment to thank my 
colleague and friend, Representative Cliff Stearns, who has worked over 
the years with me on this bill. I want to thank staff members James 
Thomas and Nicole Alexander for their tremendous assistance in helping 
us move this important legislation forward. I would also like to thank 
Emily Khoury and Dana Grayson and all other staff that have made this 
moment a reality. This bill has been a model of bipartisanship and will 
benefit pedestrians across the country for years to come.
  I urge all of my colleagues here in the House of Representatives to 
join me in supporting this very important legislation.

                              {time}  1740

  Mr. PITTS. Madam Speaker, I yield back the balance of my time.
  Mr. BARROW. Madam Speaker, I urge my colleagues to support this 
legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Georgia (Mr. Barrow) that the House suspend the rules 
and pass the bill, S. 841.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BARROW. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________