[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.
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