In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 841 · Introduced in Senate

   SECTION 1. SHORT TITLE.

   This Act may be cited as the "Pedestrian Safety Enhancement Act of [struck: 2009"][inserted: 2010'].

   SEC. 2. DEFINITIONS.

   [struck: In ][inserted: As used in ]this Act[struck: :][inserted: --]

   Struck: (1) Motor vehicle.--The term "motor vehicle" has the meaning given such term in section 30102(a)(6) of title 49, United States Code.

   ([struck: 2][inserted: 1]) [struck: Secretary.--The][inserted: the] term "Secretary" means the Secretary of Transportation[struck: .][inserted: ;]

   Struck: SEC. 3. FINDINGS.

   Struck: Congress finds that--

   Struck: (1) motor vehicles designed to provide the desirable benefits of reducing harmful pollutants and operating with greater fuel efficiency include gasoline-electric hybrid and electric-only vehicles, and in the foreseeable future may include vehicles powered by hydrogen fuel cell and other engine designs that rely on fuels and technologies other than the gasoline-powered internal combustion engine;

   Struck: (2) these vehicle engine designs operate or are likely to operate with virtually no sound being produced by the vehicle;

   Show 30 more struck paragraphsShow less

   Struck: (3) the total number of hybrid motor vehicles sold per year in the United States is growing dramatically, and may someday equal or exceed the number of internal combustion engine motor vehicles on the Nation's roads;

   Struck: (4) blind pedestrians cannot locate and evaluate traffic by sight and instead must listen to traffic to discern its speed, direction, and other attributes in order to travel safely and independently;

   Struck: (5) other people, including pedestrians who are not blind, bicyclists, runners, and small children, benefit from multi- sensory information available from vehicle traffic, including the sound of vehicle engines;

   Struck: (6) when operating on their electric engines, hybrid vehicles cannot be heard by blind people and others, rendering such vehicles extremely dangerous when driving on the street, emerging from driveways, moving through parking lots, and in other situations where pedestrians and vehicles come into proximity with each other;

   Struck: (7) failure to take immediate action assuring that blind pedestrians can hear hybrid and other silent vehicles in all phases of their operation will inevitably lead to pedestrian injuries and fatalities; and

   Struck: (8) such accidents are preventable through vehicle designs which take into account the multi-sensory nature of traffic detection and avoidance, and require that vehicles emit a minimum level of sound designed to alert all pedestrians, especially blind pedestrians, to the presence of such vehicles.

   Struck: SEC. 4. STUDY OF METHOD TO PROTECT BLIND AND OTHER PEDESTRIANS.

   Struck: (a) Required Study.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall conduct a study to--

   Struck: (1) determine the most practical means of ensuring that blind and other pedestrians receive substantially similar information to information such pedestrians receive from sound emitted by vehicles that use internal combustion engines;

   Struck: (2) determine the minimum level of sound emitted from a motor vehicle that is necessary to provide blind pedestrians with the information needed to make safe travel judgments; and

   Struck: (3) consider whether the minimum level of sound requirement or another method that conveys information essential for pedestrian safety provides the most reliable information to support safe travel of blind and other pedestrians, including--

   Struck: (A) which method provides blind and other pedestrians the greatest amount of information regarding location, motion, speed, and direction of travel of a motor vehicle;

   Struck: (B) the cost and feasibility of each method, including the cost and feasibility of equipping each individual pedestrian with any technology necessary to receive information; and

   Struck: (C) which method ensures the least reliance by blind and other pedestrians upon technology they must possess when traveling and thereby provides the greatest amount of independence and opportunity for spontaneous travel for these pedestrians.

   Struck: (b) Required Consultation.--While conducting the study, the Secretary shall--

   Struck: (1) review all available research regarding the effect of traffic sounds on pedestrian safety;

   Struck: (2) commission such additional research as may be necessary;

   Struck: (3) consult with consumer groups representing individuals who are blind, other pedestrians, cyclists, and advocates for children; and

   Struck: (4) consult with automobile manufacturers and professional organizations which represent such manufacturers.

   Struck: (c) Report.--The Secretary shall--

   Struck: (1) complete the study required under this section not later than 2 years after commencing such study; and

   Struck: (2) submit a report to Congress that contains the findings of such study.

   Struck: SEC. 5. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.

   Struck: (a) In General.--Not later than 90 days after completion of the study required under section 4, the Secretary shall promulgate a motor vehicle safety standard under section 30111 of title 49, United States Code, to establish a method for alerting blind and other pedestrians of the presence and operation of nearby motor vehicles to enable such pedestrians to travel safely and independently in urban, rural, and residential environments.

   Struck: (b) Requirements.--The standard required under this section shall provide that every motor vehicle be equipped with a method--

   Struck: (1) to provide blind and other pedestrians with a non- visual alert regarding the location, motion, speed, and direction of travel of a motor vehicle that provides substantially the same protection of such pedestrians as that provided by a motor vehicle with an internal combustion engine; and

   Struck: (2) that will permit a blind or other pedestrian to determine the location, motion, speed, and direction of travel of a motor vehicle with substantially the same degree of certainty as such pedestrians are able to determine the location, motion, speed, and direction of travel of a motor vehicle with an internal combustion engine.

   Struck: (c) Effective Date.--The standard promulgated under this section shall apply to all new motor vehicles manufactured or sold in the United States beginning on that date that is 2 years after the issuance of such standard.

   Struck: SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

   Struck: There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this Act.

   Inserted: (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;

   Inserted: (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;

   Inserted: (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);

   Inserted: (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;

   Inserted: (6) the term "manufacturer" has the meaning given such term in section 30102(a)(5) of title 49, United States Code;

   Inserted: (7) the term "dealer" has the meaning given such term in section 30102(a)(1) of title 49, United States Code;

   Inserted: (8) the term "defect" has the meaning given such term in section 30102(a)(2) of title 49, United States Code;

   Inserted: (9) the term "hybrid vehicle" means a motor vehicle which has more than one means of propulsion; and

   Inserted: (10) the term "electric vehicle" means a motor vehicle with an electric motor as its sole means of propulsion.

   Inserted: SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.

   Inserted: (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--

   Inserted: (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

   Show 14 more inserted paragraphsShow less

   Inserted: (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.

   Inserted: (b) Consideration.--When conducting the required rulemaking, the Secretary shall--

   Inserted: (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;

   Inserted: (2) determine the performance requirements for an alert sound that is recognizable to a pedestrian as a motor vehicle in operation; and

   Inserted: (3) consider the overall community noise impact.

   Inserted: (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.

   Inserted: (d) Required Consultation.--When conducting the required study and rulemaking, the Secretary shall--

   Inserted: (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;

   Inserted: (2) consult consumer groups representing individuals who are blind;

   Inserted: (3) consult with automobile manufacturers and professional organizations representing them;

   Inserted: (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.

   Inserted: (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.

   Inserted: SEC. 4. FUNDING.

   Inserted: 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.

   Original wording

   Strike out all after the enacting clause and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed