H.R. 1641

Passenger Van Safety Act of 2003

Latest
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1641 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 1641

To require increased safety testing of 15-passenger vans, ensure the
compliance of 15-passenger vans used as schoolbuses with motor vehicle
safety standards applicable to schoolbuses, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 3, 2003

Mr. Udall of Colorado introduced the following bill; which was referred
to the Committee on Energy and Commerce, and in addition to the
Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned

_______________________________________________________________________

A BILL

To require increased safety testing of 15-passenger vans, ensure the
compliance of 15-passenger vans used as schoolbuses with motor vehicle
safety standards applicable to schoolbuses, and for other purposes.

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 ``Passenger Van Safety Act of 2003''.

SEC. 2. DEFINITIONS.

In this Act:
(1) 15-passenger van.--The term ``15-passenger van'' means
a van designed or used to carry 9 to 15 passengers, including
the driver.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.

TITLE I--ENHANCED VAN SAFETY

SEC. 101. DYNAMIC ROLLOVER TESTING PROGRAM.

(a) Requirement for Rollover Testing.--Not later than 2 years after
the date of the enactment of this Act, the Secretary shall, under
Section 30117(c) of title 49, United States Code--
(1) develop a dynamic test on rollovers by 15-passenger
vans for the purposes of a consumer information program; and
(2) carry out a program of conducting such tests.
(b) Amendment.--Section 30117(c) of title 49, United States Code,
is amended by--
(1) in paragraph (1), striking ``Not later than 2 years
from the date of the enactment of this subsection,''; and
(2) in paragraph (3), after ``or less'', inserting ``, and
to vans designed or used to carry 9 to 15 passengers, including
the driver, irrespective of gross vehicle weight rating''.

SEC. 102. NEW CAR ASSESSMENT PROGRAM.

The Secretary shall require the testing of 15-passenger vans at
various load condition levels as part of the rollover resistance
program of the National Highway Traffic Safety Administration's New Car
Assessment Program.

SEC. 103. TESTING AND EVALUATION OF VAN STABILITY TECHNOLOGICAL
SYSTEMS.

(a) Requirement for Testing and Evaluation.--The Secretary shall
test and evaluate various technological systems to determine the
effectiveness of such systems in assisting drivers of 15-passenger vans
to control the vans under conditions that cause vehicle rollover.
(b) Systems Tested.--The technological systems tested and evaluated
under this section shall include electronic stability control systems,
rear-view mirror-based rollover warning systems, traction systems, lane
departure systems, and antilock brakes.
(c) Consultation.--The Secretary shall consult with manufacturers
of 15-passenger vans in the testing and evaluation of technological
systems under this section.

SEC. 104. APPLICATION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
REGULATIONS.

Not later than 180 days after the date of the enactment of this
Act, the Secretary shall issue a final rule initiated pursuant to the
proposed rulemaking published in the Federal Register on January 11,
2001, Docket No. FMCSA-2000-7017, relating to the application of
Federal Motor Carrier Safety Regulations to the commercial operation of
15-passenger vans.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this title.

TITLE II--APPLICABILITY OF SCHOOL BUS SAFETY STANDARDS

SEC. 201. PROHIBITION ON PURCHASE, RENTAL, OR LEASE OF NONCOMPLYING 15-
PASSENGER VANS FOR USE AS SCHOOLBUSES.

(a) Prohibition.--Section 30112(a) of title 49, United States Code,
is amended--
(1) by inserting ``(1)'' before ``Except as provided in
this section''; and
(2) by adding at the end the following:
``(2) Except as provided in this section, sections 30113 and 30114
of this title, and subchapter III of this chapter, a person may not
purchase, rent, or lease any motor vehicle designed or used to
transport 9 to 15 passengers that the person knows or reasonably should
know will be used significantly to transport preprimary, primary, and
secondary school students to or from school or an event related to
school, unless the motor vehicle complies with the motor vehicle
standards prescribed for schoolbuses under section 30125 of this
title.''.
(b) Limitation on Application.--Subsection (a) shall not apply to
any purchase, rental, or lease of a motor vehicle required under a
contract entered into before the date of the enactment of this Act.

SEC. 202. PENALTY.

Section 30165(a)(1) of title 49, United States Code, is amended--
(1) by striking ``A'' before ``person'' and inserting ``(A)
Except as provided in subparagraph (B) of this paragraph, a'';
and
(2) by adding at the end the following:
``(B) The maximum amount of a civil penalty under this
paragraph shall be $25,000, in the case of--
``(i) the manufacture, sale, offer for sale,
introduction or delivery for introduction into
interstate commerce, or importation of a schoolbus or
schoolbus equipment (as those terms are defined in
section 30125(a) of this title) in violation of section
30112(a)(1) of this title; or
``(ii) a violation of section 30112(a)(2) of this
title.
``(C) Subparagraph (B) does not affect the maximum penalty
that may be imposed under subparagraph (A) for a related series
of violations.
``(D) Notwithstanding section 3302(b) of title 31,
penalties collected under subparagraph (B)--
``(i) shall be credited as offsetting collections
to the account that funds the enforcement of
subparagraph (B);
``(ii) shall be available for expenditure only to
pay the costs of such enforcement; and
``(iii) shall remain available until expended.''.
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