II
112th CONGRESS
1st Session
S. 1499
IN THE SENATE OF THE UNITED STATES
August 2, 2011
Ms. Klobuchar (for herself, Mr. Thune, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To direct the Secretary of Transportation to promulgate a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road.
Rulemaking on visibility of agricultural equipment
Definitions
In this section:
Agricultural equipment
The term
agricultural equipment has the meaning given the term
agricultural field equipment
in ASABE Standard 390.4, entitled
Definitions and Classifications of Agricultural Field Equipment
,
which was published in January 2005 by the American Society of Agriculture and
Biological Engineers, or any successor standard.
Public road
The term public road has the meaning given such term in section 101(a)(27) of title 23, United States Code.
Rulemaking
In general
Not later than 2 years after the date of the enactment of this Act, the Secretary of Transportation, after consultation with representatives of the American Society of Agricultural and Biological Engineers and appropriate Federal agencies, and with other appropriate persons, shall promulgate a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road.
Minimum standards
The rule promulgated pursuant to this subsection shall—
establish minimum lighting and marking standards for applicable agricultural equipment manufactured at least 1 year after the date on which such rule is promulgated; and
provide for the methods, materials,
specifications, and equipment to be employed to comply with such standards,
which shall be equivalent to ASABE Standard 279.14, entitled Lighting
and Marking of Agricultural Equipment on Highways
, which was published
in July 2008 by the American Society of Agricultural and Biological Engineers,
or any successor standard.
Review
Not less frequently than once every 5 years, the Secretary of Transportation shall—
review the standards established pursuant to subsection (b); and
revise such standards to reflect the revision of ASABE Standard 279 that is in effect at the time of such review.
Limitations
Compliance with successor standards
Any rule promulgated pursuant to this section may not prohibit the operation on public roads of agricultural equipment that is equipped in accordance with any adopted revision of ASABE Standard 279 that is later than the revision of such standard that was referenced during the promulgation of the rule.
No retrofitting required
Any rule promulgated pursuant to this section may not require the retrofitting of agricultural equipment that was manufactured before the date on which the lighting and marking standards are enforceable under subsection (b)(2)(A).
No effect on additional materials and equipment
Any rule promulgated pursuant to this section may not prohibit the operation on public roads of agricultural equipment that is equipped with materials or equipment that are in addition to the minimum materials and equipment specified in the standard upon which such rule is based.