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HR 5381 IHRHCommentsClose CommentsPermalink

111th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 5381CommentsClose CommentsPermalink

To require motor vehicle safety standards relating to vehicle electronics and to reauthorize and provide greater transparency, accountability, and safety authority to the National Highway Traffic Safety Administration.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 25, 2010CommentsClose CommentsPermalink

Mr. WAXMAN (for himself, Mr. RUSH, Mr. DINGELL, Mr. STUPAK, and Mr. BRALEY of Iowa) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To require motor vehicle safety standards relating to vehicle electronics and to reauthorize and provide greater transparency, accountability, and safety authority to the National Highway Traffic Safety Administration.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Motor Vehicle Safety Act of 2010’. CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink





Sec. 2. Definitions. CommentsClose CommentsPermalink

TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS

Sec. 101. Electronics and engineering eEngineering Expertise. CommentsClose CommentsPermalink





Sec. 102. Brake override standard. CommentsClose CommentsPermalink





Sec. 103. Accelerator control systems. CommentsClose CommentsPermalink





Sec. 104. Pedal placement standard. CommentsClose CommentsPermalink





Sec. 105. Electronic systems performance standard. CommentsClose CommentsPermalink





Sec. 106. Push-button ignition systems standard. CommentsClose CommentsPermalink





Sec. 107. Transmission configuration standard. CommentsClose CommentsPermalink





Sec. 108. Vehicle event data recorders. CommentsClose CommentsPermalink





Sec. 109. Commercial motor vehicle rollover prevention and crash mitigation. CommentsClose CommentsPermalink





Sec. 110. Minimum sound requirement. CommentsClose CommentsPermalink





Sec. 111. Driver alcohol detection system research. CommentsClose CommentsPermalink

TITLE II--TRANSPARENCY AND ACCOUNTABILITY

Sec. 201. Public availability of early warning data. CommentsClose CommentsPermalink





Sec. 202. Improved NHTSA vehicle safety database. CommentsClose CommentsPermalink





Sec. 203. Promotion of vehicle defect reporting. CommentsClose CommentsPermalink





Sec. 204. NHTSA hotline for manufacturer, dealer, and mechanic personnel. CommentsClose CommentsPermalink





Sec. 205. Corporate responsibility for NHTSA reports. CommentsClose CommentsPermalink





Sec. 206. Appeal of defect petition rejection. CommentsClose CommentsPermalink





Sec. 207. Deadlines for rulemaking. CommentsClose CommentsPermalink





Sec. 208. Reports to Congress. CommentsClose CommentsPermalink





Sec. 209. Restriction on Covered Vehicle Safety Officials. CommentsClose CommentsPermalink

TITLE III--FUNDING

Sec. 301. Vehicle safety user fee. CommentsClose CommentsPermalink





Sec. 302. Authorization of appropriations. CommentsClose CommentsPermalink

TITLE IV--ENHANCED SAFETY AUTHORITIES

Sec. 401. Civil penalties. CommentsClose CommentsPermalink





Sec. 402. Imminent hazard authority. CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

As used in this Act, the following definitions apply: CommentsClose CommentsPermalink





(1) The term ‘passenger motor vehicle’ means a motor vehicle (as defined insection 30102(a)(6) of title 49, United States Code) that is rated at less than 10,000 pounds gross vehicular weight. Such term does not include-- CommentsClose CommentsPermalink





(A) a motorcycle; CommentsClose CommentsPermalink





(B) a trailer; or CommentsClose CommentsPermalink





(C) a low speed vehicle (as defined in section 571.3 in title 49, Code of Federal Regulations). CommentsClose CommentsPermalink





(2) The term ‘Secretary’ means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. CommentsClose CommentsPermalink

TITLE I--VEHICLE ELECTRONICS AND SAFETY STANDARDS CommentsClose CommentsPermalink

SEC. 101. ELECTRONICS AND ENGINEERING EXPERTISE.

(a) Center for Vehicle Electronics and Emerging Technologies- CommentsClose CommentsPermalink





The Secretary shall (1) IN GENERAL- The Secretary shall establish, within the National Highway Traffic Safety Administration, a Center for Vehicle Electronics and Emerging Technologies to. The Center shall-- CommentsClose CommentsPermalink





(A) build, integrate, and aggregate the agency’s expertise in vehicle electronics and other new and emerging technologies. The center shall; CommentsClose CommentsPermalink





(B) coordinate with all components of the agency responsible for vehicle safety, including research and development, rulemaking, and defects investigation; and CommentsClose CommentsPermalink





(C) conduct research into the use of lightweight materials in vehicles, including through the implementation of the Plastic and Composite Intensive Vehicle Safety Roadmap (Report No. DOT HS 810 863). CommentsClose CommentsPermalink





(2) LIMITATION- Not more than 20 percent of the funds spent by the Center in a given year may be spent for the purposes described in paragraph (1)(C). CommentsClose CommentsPermalink





(b) Honors Recruitment Program- CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Secretary shall establish, within the National Highway Traffic Safety Administration, an honors program for engineering students and other students interested in vehicle safety that will enable them to train with engineers and other safety officials for a career in vehicle safety. The Secretary is authorized to provide a stipend to students during their participation in the program. CommentsClose CommentsPermalink





(2) TARGETED STUDENT- The Secretary shall develop a plan to target and make an aggressive outreach to recruit the top 10 percent of science, technology, engineering and mathematics students attending-- CommentsClose CommentsPermalink





(A) 1890 Land Grant Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7061)); CommentsClose CommentsPermalink





(B) Predominantly Black Institutions (as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 1059e)); CommentsClose CommentsPermalink





(C) Tribal Colleges or Universities (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))); and CommentsClose CommentsPermalink





(D) Hispanic Serving Institutions (as defined in section 318 of the Higher Education Act of 1965 (20 U.S.C. 059e)). CommentsClose CommentsPermalink

SEC. 102. BRAKE OVERRIDE STANDARD.

(a) Unintended Acceleration- The Secretary shall initiate a rulemaking proceeding pursuant tosection 30111 of title 49, United States Code, to prescribe or amend a Federal motor vehicle safety standard that would mitigate unintended acceleration in passenger motor vehicles. The standard-- CommentsClose CommentsPermalink





(1) shall establish performance requirements that enable a driver to bring a passenger motor vehicle safely to a full stop by normal braking application even if the vehicle is simultaneously receiving accelerator input signals; CommentsClose CommentsPermalink





(2) may permit compliance with such requirements through a smart pedal system that requires brake pedal application, after a period of time determined by the Secretary, to override an accelerator input signal in order to stop the vehicle; and CommentsClose CommentsPermalink





(3) may permit vehicles to incorporate a means by which the driver would be able to temporarily disengage the technology or mechanism required under paragraph (1) to facilitate operations, such as maneuvering trailers, or other operating conditions, that may require the simultaneous operation of the service brake and accelerator pedal. CommentsClose CommentsPermalink





(b) Deadline- The Secretary shall issue a final rule under subsection (a) within 1 year after the date of enactment of this Act. CommentsClose CommentsPermalink

SEC. 103. ACCELERATOR CONTROL SYSTEMS.

(a) In General- The Secretary shall initiate a rulemaking proceeding to amend Federal motor vehicle safety standard 124 to require that at least 1 redundant circuit or other mechanism be built into accelerator control systems, including systems controlled by electronic throttle, to maintain vehicle control in the event of failure or malfunction in the accelerator control system. CommentsClose CommentsPermalink





(b) Deadline- The Secretary shall issue a final rule under subsection (a) within 2 years after the date of enactment of this Act. CommentsClose CommentsPermalink





(c) Combined- If the Secretary considers it appropriate, the Secretary may combine the rulemaking proceeding required by subsection (a) with the rulemaking proceeding required by section 102. CommentsClose CommentsPermalink

SEC. 104. PEDAL PLACEMENT STANDARD.

(a) Consideration of Rule- Not later than 18 months after the date of the enactment of this Act, the Secretary shall initiate a rulemaking proceeding pursuant tosection 30111 of title 49, United States Code, to consider prescribing or amending Federal motor vehicle safety standards to prevent the potential obstruction of pedal movement in passenger motor vehicles by establishing minimum clearances for passenger motor vehicle foot pedals with respect to other pedals and the vehicle floor (including aftermarket floor coverings), taking into account various pedal mounting configurations. CommentsClose CommentsPermalink





(b) Deadline for Decision- If the Secretary determines such safety standards are reasonable, practicable, and appropriate, the Secretary shall prescribe the safety standards described in subsection (a) not later than 4 years after the date of enactment of this Act. If the Secretary determines that no additional safety standards are reasonable, practicable, and appropriate the Secretary shall transmit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the reasons such standards were not prescribed. CommentsClose CommentsPermalink

SEC. 105. ELECTRONIC SYSTEMS PERFORMANCE STANDARD.

(a) In General- Not later than 2 years after the enactment of this Act, the Secretary shall initiate a rulemaking proceeding pursuant tosection 30111 of title 49, United States Code, to consider requiring electronic systems in passenger motor vehicles to meet minimum standards for performance. The Secretary shall consider the findings and recommendations of the National Academy of Sciences pursuant to its study of electronic vehicle controls and unintended acceleration. The standard may include requirements for electronic components, the interaction of those electronic components, or the effect of surrounding environments on those electronic systems. CommentsClose CommentsPermalink





(b) Deadline for Decision- If the Secretary determines such safety standards are reasonable, practicable, and appropriate, the Secretary shall prescribe the safety standards described in subsection (a) not later than 4 years after the date of enactment of this Act. If the Secretary determines that no additional safety standards are reasonable, practicable, and appropriate the Secretary shall transmit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the reasons such standards were not prescribed. CommentsClose CommentsPermalink

SEC. 106. PUSH-BUTTON IGNITION SYSTEMS STANDARD.

(a) In General- The Secretary shall initiate a rulemaking proceeding pursuant tosection 30111 of title 49, United States Code, to prescribe or amend a Federal motor vehicle safety standard for passenger motor vehicles equipped with push-button ignition systems, to establish the standard operation and function of such systems when used by drivers, including drivers unfamiliar with the vehicle, in an emergency situation when the vehicle is in motion. CommentsClose CommentsPermalink





(b) Deadline- The Secretary shall issue a final rule under subsection (a) within 2 years after the date of enactment of this Act. CommentsClose CommentsPermalink

SEC. 107. TRANSMISSION CONFIGURATION STANDARD.

(a) In General- The Secretary shall initiate a rulemaking proceeding pursuant tosection 30111 of title 49, United States Code, to revise Federal motor vehicle safety standard 102, to improve the recognition of the gear selector positions for drivers, including drivers unfamiliar with the vehicle, and to improve the conspicuity of the neutral position. CommentsClose CommentsPermalink





(b) Deadline- The Secretary shall issue a final rule under subsection (a) within 1 year after the date of enactment of this Act. CommentsClose CommentsPermalink

SEC. 108. VEHICLE EVENT DATA RECORDERS.

(a) Required Event Data Recorders- Not later than 6 months after the date of the enactment of this section, the Secretary shall modify the regulation contained in part 563 of title 49, Code of Federal Regulations, to require that passenger motor vehicles sold in the United States be equipped with an event data recorder that meets the requirements for event data recorders set forth in such part. The Secretary shall require manufacturers to include such event data recorders in their entire fleet beginning in model year 2015. CommentsClose CommentsPermalink





(b) Requirements for Event Data Recorders- The Secretary shall initiate a rulemaking proceeding pursuant tosection 30111 of title 49, United States Code, to require that the event data recorders required to be installed in passenger motor vehicles pursuant to subsection (a) continuously record vehicle operational data that can be stored and accessed for retrieval and analysis in accordance with subsections (c) and (d). CommentsClose CommentsPermalink





(c) Specifications- The rule-- CommentsClose CommentsPermalink





(1) shall require such recorders to store data covering a reasonable time before, during, and after a crash or airbag deployment, including information on engine performance, steering, braking, acceleration, vehicle speed, seat belt use, and airbag deployment level, deactivation status, deployment time, and deployment stage, and may require such recorders to store other data, such as data related to vehicle rollovers, as the Secretary considers appropriate; CommentsClose CommentsPermalink





(2) shall require such recorders to store data covering at least a sufficient period of time to capture all relevant data from a crash, including vehicle rollovers, and shall establish appropriate recording times for capturing data prior to a crash event; CommentsClose CommentsPermalink





(3) may require such recorders to capture certain events such as rapid deceleration and full braking lasting more than 10 seconds, even if there is not a crash or airbag deployment; CommentsClose CommentsPermalink





(4) may not require information recorded or transmitted by such data recorders to include the vehicle location, except for the purposes of emergency response; CommentsClose CommentsPermalink





(5) shall require that data stored on such recorders be accessible, regardless of vehicle manufacturer or model, with commercially available equipment; CommentsClose CommentsPermalink





(6) shall specify any data format requirements or other requirements, including a standardized data access port, the Secretary determines appropriate to facilitate accessibility and analysis; and CommentsClose CommentsPermalink





(7) shall require that such recorders meet at least the performance requirements for crash resistance included in part 563 of title 49, Code of Federal Regulations (as amended January 14, 2008), and, if the Secretary determines that these requirements do not provide adequate temperature, crash, or water resistance, shall establish such additional standards. CommentsClose CommentsPermalink





(d) Limitations on Information Retrieval- CommentsClose CommentsPermalink





(1) OWNERSHIP OF DATA- The rule issued under subsection (b) shall provide that any data in a data recorder required under the rule is the property of the owner or lessee of the motor vehicle in which the data recorder is installed. CommentsClose CommentsPermalink





(2) PRIVACY- The rule issued under subsection (b) shall provide that information recorded or transmitted by such a data recorder may not be retrieved by a person other than the owner or lessee of the motor vehicle in which the recorder is installed unless-- CommentsClose CommentsPermalink





(A) a court authorizes retrieval of the information in furtherance of a legal proceeding; CommentsClose CommentsPermalink





(B) the owner or lessee consents to the retrieval of the information for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle; or CommentsClose CommentsPermalink





(C) the information is retrieved by a Ggovernment motor vehicle safety agency for the purpose of improving motor vehicle safety if the personally identifiable information of the owner, lessee, or driver of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved information. CommentsClose CommentsPermalink





(3) TAMPER RESISTANCE- The rule issued under subsection (b) shall establish performance requirements for preventing unauthorized access to the data stored on such event data recorder in order to protect the security, integrity, and authenticity of the data. CommentsClose CommentsPermalink





(e) Disclosure of Existence and Purpose of Event Data Recorder- The rule issued under subsection (a) shall provide that any owner’s manual or similar documentation provided to the first purchaser of a passenger motor vehicle for purposes other than resale shall disclose that the vehicle is equipped with such a data recorder and explain the purpose of the recorder. CommentsClose CommentsPermalink





(f) Access to Event Data Recorders in Defect Investigations-Section 30166(c)(3)(C) of title 49, United States Code, is amended by inserting ‘, including any electronic data contained within the vehicle’s diagnostic system or event data recorder’ after ‘equipment’. CommentsClose CommentsPermalink





(g) Deadline for Rulemaking- The Secretary shall issue a final rule under subsection (a) not later than 3 years after the date of enactment of this Act. CommentsClose CommentsPermalink

(a) Rulemaking- Not later than 6 months after the date of enactment of this Act, the Secretary shall initiate a rulemaking proceeding pursuant tosection 30111 of title 49, United States Code, to prescribe or amend a Federal motor vehicle safety standard to reduce commercial motor vehicle rollover and loss of control crashes and mitigate deaths and injuries associated with such crashes for air-braked motor vehicles with a gross vehicle weight rating of more than 26,000 pounds. CommentsClose CommentsPermalink





(b) Required Performance Standards- The rulemaking proceeding initiated under subsection (a) shall establish standards to reduce the occurrence of rollovers consistent with stability enhancing technologies that address both rollovers and loss-of-control crashes. CommentsClose CommentsPermalink





(c) Deadline- The Secretary shall issue a final rule under subsection (a) not later than 3 years after the date of18 months after the date of enactment of this Act. CommentsClose CommentsPermalink

(a) Rulemaking- Not later than 18 months following the date of enactment of this Act the Secretary shall initiate a rulemaking proceeding undersection 30111 of title 49, United States Code, to promulgate a motor vehicle safety standard to establish 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. Such standard-- CommentsClose CommentsPermalink





(1) shall require new electric or hybrid vehicles to provide an alert sound conforming to the requirements of the motor vehicle safety standard established under this subsection; CommentsClose CommentsPermalink





(2) shall not require either driver or pedestrian activation of the alert sound; CommentsClose CommentsPermalink





(3) 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, and decelerating; CommentsClose CommentsPermalink





(4) shall allow manufacturers to provide each vehicle with 1 or more alert sounds that comply with the motor vehicle safety standard at the time of manufacture; and CommentsClose CommentsPermalink





(5) shall require manufacturers to provide, within reasonable manufacturing tolerances, the same alert sound or set of alert 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 alert sound or set of alert sounds, except that the manufacturer or dealer may alter, replace, or modify the alert sound or set of alert sounds in order to remedy a defect or non-compliance with the motor vehicle safety standard. CommentsClose CommentsPermalink





(b) Consideration- When conducting the required rulemaking, the Secretary shall-- CommentsClose CommentsPermalink





(1) determine the minimum level of an alert 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; CommentsClose CommentsPermalink





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





(3) consider the overall noise impact to streets and communities. CommentsClose CommentsPermalink





(c) Phase-in Required- The motor vehicle safety standard prescribed pursuant to subsection (a) 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 1 of the calendar year that begins 3 years after the date on which the final rule is issued. CommentsClose CommentsPermalink





(d) Consultation- When conducting the required study and rulemaking, the Secretary shall consult with-- CommentsClose CommentsPermalink





(1) the Environmental Protection Agency to assure that the motor vehicle safety standard is consistent with existing noise requirements overseen by the Agency; CommentsClose CommentsPermalink





(2) consumer groups representing individuals who are blind; CommentsClose CommentsPermalink





(3) automobile manufacturers and professional organizations representing them; and CommentsClose CommentsPermalink





(4) 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. CommentsClose CommentsPermalink





(e) Deadline- The Secretary shall issue a final rule under subsection (a) not later than 36 months after the date of enactment of this Act. CommentsClose CommentsPermalink





(f) Study and Report- Not later than 4 years 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 undersection 30111 of title 49, United States Code to extend the standard to conventional motor vehicles. CommentsClose CommentsPermalink





(g) Definitions- For purposes of the motor vehicle safety standard required under this section-- CommentsClose CommentsPermalink





(1) the term ‘alert sound’ means a vehicle-emitted sound that enables pedestrians to discern vehicle presence, direction, location, and operation; CommentsClose CommentsPermalink





(2) 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; CommentsClose CommentsPermalink





(3) 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; CommentsClose CommentsPermalink





(4) the term ‘electric vehicle’ means a motor vehicle with an electric motor as its sole means of propulsion; and CommentsClose CommentsPermalink





(5) the term ‘hybrid vehicle’ means a motor vehicle which has more than one means of propulsion. CommentsClose CommentsPermalink

TITLE II--TRANSPARENCY AND ACCOUNTABILITY CommentsClose CommentsPermalink

SEC. 201. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

(a) In General-Section 30166(m) of title 49, United States Code, is amended by in paragraph (4), by striking subparagraph (C) and inserting the following: CommentsClose CommentsPermalink





‘(C) DISCLOSURE- The information provided to the Secretary pursuant to this subsection shall be disclosed publicly unless exempt from disclosure under section 552(b) of title 5.’. CommentsClose CommentsPermalink





(b) Regulations- Not later than 2 years after the date of enactment of this Act, the Secretary shall issue regulations regarding public access to information submitted pursuant to section 30166(m). The Secretary may establish categories of information provided pursuant to such section that must be made available to the public and categories that are exempt from public disclosure undersection 552(b) of title 5, United States Code. CommentsClose CommentsPermalink





(c) Consultation- In conducting the rulemaking required under subsection (a), the Secretary shall consult with the Director of the Office of Government Information Services within the National Archives and the Director of the Office of Information Policy of the Department of Justice. CommentsClose CommentsPermalink





(d) Presumption and Limitation- The Secretary shall issue the regulations with a presumption in favor of maximum public availability of information. The following types of information shall not be eligible for protection undersection 552(b)(4) of title 5, United States Code, and shall not be withheld from public disclosure: CommentsClose CommentsPermalink





(1) Production information regarding passenger motor vehicles, information on incidents involving death or injury, and numbers of property damage claims. CommentsClose CommentsPermalink





(2) Aggregated numbers of consumer complaints. CommentsClose CommentsPermalink





(e) Nullification of Prior Regulations- Beginning 2 years after the date of the enactment of this Act, the regulations establishing early warning reporting class determinations in aAppendix C of section 512 of title 49, Code of Federal Regulations, shall have no force or effect. CommentsClose CommentsPermalink

SEC. 202. IMPROVED NHTSA VEHICLE SAFETY DATABASE.

(a) In General- Not later than 2 years after the date of the enactment of this Act, the Secretary shall improve public accessibility to information on the National Highway Traffic Safety Administration’s publicly accessible vehicle safety databases by-- CommentsClose CommentsPermalink





(1) improving organization and functionality, including design features such as drop-down menus, and allowing for data to be searched, aggregated, and downloaded; CommentsClose CommentsPermalink





(2) providing greater consistency in presentation of vehicle safety issues; and CommentsClose CommentsPermalink





(3) improving searchability about specific vehicles and issues through standardization of commonly used search terms. CommentsClose CommentsPermalink





(b) Vehicle Recall Information- The Secretary shall require that motor vehicle recall information be made available to consumers on the Internet, searchable by vehicle identification number in a format that preserves consumer privacy. The Secretary may initiate a rulemaking proceeding to require that such information be available on manufacturer websites or through other reasonable means. CommentsClose CommentsPermalink





(c) Accessibility of Manufacturer Communications-Section 30166(f) of title 49, United States Code, is amended by inserting ‘, and make available on a publicly accessible Internet Web website,’ after ‘Secretary of Transportation’. CommentsClose CommentsPermalink

SEC. 203. PROMOTION OF VEHICLE DEFECT REPORTING.

Section 32302 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(d) Motor Vehicle Defect Reporting Information- CommentsClose CommentsPermalink





‘(1) RULEMAKING REQUIRED- Within 1 year after the date of enactment of the Motor Vehicle Safety Act of 2010 the Secretary shall prescribe regulations that require passenger motor vehicle manufacturers to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety-related motor vehicle defect complaint with the National Highway Traffic Safety Administration. The information may not be placed on the label required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). CommentsClose CommentsPermalink





‘(2) APPLICATION- The requirements established under paragraph (1) shall apply to passenger motor vehicles manufactured in model years beginning more than 1 year after the date on which a final rule is published under that paragraph.’. CommentsClose CommentsPermalink

SEC. 204. NHTSA HOTLINE FOR MANUFACTURER, DEALER, AND MECHANIC PERSONNEL.

The Secretary shall-- CommentsClose CommentsPermalink





(1) establish a means by which mechanics, automobile dealership personnel, and automobile manufacturer personnel may contact the National Highway Traffic Safety Administration directly and confidentially regarding potential passenger automobile safety defects; and CommentsClose CommentsPermalink





(2) publicize the means for contacting the National Highway Traffic Safety Administration in a manner that targets mechanics, automobile dealership personnel, and manufacturer personnel. CommentsClose CommentsPermalink

SEC. 205. CORPORATE RESPONSIBILITY FOR NHTSA REPORTS.

(a) In General-Section 30166 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(o) Corporate Responsibility for Reports- The Secretary shall require, for each company submitting information to the Secretary in response to a request for information in a safety or compliance investigation under this chapter, that a senior official responsible for safety residing in the United States certify that-- CommentsClose CommentsPermalink





‘(1) the signing official has reviewed the submission; and CommentsClose CommentsPermalink





‘(2) based on the official’s knowledge, the submission does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which such statements were made, not misleading.’. CommentsClose CommentsPermalink





(b) Civil Penalty-Section 30165(a) of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking ‘A person’ in paragraph (3) and inserting ‘Except as provided in paragraph (4), a person’; and CommentsClose CommentsPermalink





(2) by adding at the end thereof the following: CommentsClose CommentsPermalink





‘(4) FALSE, MISLEADING, OR INCOMPLETE REPORTS- A person who knowingly and willfully submits materially false, misleading, or incomplete information to the Secretary, after certifying the same information as accurate and complete under the certification process established pursuant to section 30166(o), shall be subject to a civil penalty of not more than $5,000 per day. The maximum penalty under this paragraph for a related series of daily violations is $5,000,000.’. CommentsClose CommentsPermalink

SEC. 206. APPEAL OF DEFECT PETITION REJECTION.

Section 30162 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(f) Judicial Review- A decision of the Secretary to deny a petition filed under subsection (a)(2) of this section is agency action subject to judicial review under chapter 7 of title 5, and such action shall not be considered committed to agency discretion within the meaning of section 701(a)(2) of such title. A person aggrieved by the denial of a petition may obtain judicial review by filing an action in the court of appeals of the United States for the circuit in which the person resides or has its principal place of business or the United States Court of Appeals for the District of Columbia Circuit not more than 180 days after notice of the denial of the petition is published in the Federal Register.’. CommentsClose CommentsPermalink

SEC. 207. DEADLINES FOR RULEMAKING.

If the Secretary determines that a deadline for a final rule under this Act, or an amendment made by this Act, cannot be met, the Secretary shall-- CommentsClose CommentsPermalink





(1) notify the Committee on Energy and Commerce of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation and explain why that deadline cannot be met; and CommentsClose CommentsPermalink





(2) establish a new deadline for that rule. CommentsClose CommentsPermalink

SEC. 208. REPORTS TO CONGRESS.

(a) Study on Early Warning Data- Not later than 3, 5, 7, and 9 years after the date of enactment of this Act, the Office of the Inspector General of the Department of Transportation shall complete a study of the utilization of Early Warning data by the National Highway Traffic Safety Administration (NHTSA). Each study shall evaluate the following: CommentsClose CommentsPermalink





(1) The number and type of requests for information made by the NHTSA based on data received in the Early Warning Reporting system. CommentsClose CommentsPermalink





(2) The number of safety defect investigations opened by NHTSA using any information reported to the agency through the Early Warning Reporting system. CommentsClose CommentsPermalink





(3) The nature and vehicle defect category of all such safety defect investigations. CommentsClose CommentsPermalink





(4) The number of investigations described in paragraph (2) that are subsequently closed without further action. CommentsClose CommentsPermalink





(5) The duration of each investigation described in paragraph (2) CommentsClose CommentsPermalink





.(6) The percentage of each investigation that result in a finding of a safety defect or recall by the agency. CommentsClose CommentsPermalink





(7) Other information the Office of the Inspector General deems appropriate. CommentsClose CommentsPermalink





(b) Report on Operations of the Center for Vehicle Electronics and Emerging Technologies- Not later than 3 years after the date of enactment of this Act, the Secretary shall report to Congress regarding the operations of the Center for Vehicle Electronics and Emerging Technologies. Such report shall include information about the accomplishments of the Center, the role the Center plays in integrating and aggregating expertise across NHTSA, and priorities of the Center over the next 5 years. CommentsClose CommentsPermalink





(c) Study of Crash Data Collection- Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a report regarding the quality of data collected through the National Automotive Sampling System, including the Special Crash Investigations, and recommendations for improvements to this data collection program. The report shall include information regarding-- CommentsClose CommentsPermalink





(1) the analysis and conclusions NHTSA can reach based on the amount of data collected in a given year, and the additional analysis and conclusions NHTSA could reach if more crash investigations were conducted each year; CommentsClose CommentsPermalink





(2) the number of investigations per year that would allow for optimal data analysis and crash information; CommentsClose CommentsPermalink





(3) the results of a comprehensive review of the data elements collected from each crash to determine if additional data should be collected; which review shall include input from interested parties, such as suppliers, automakers, safety advocates, the medical community and research organizations; and CommentsClose CommentsPermalink





(4) the resources that would be necessary for NHTSA to implement these recommendations. CommentsClose CommentsPermalink





(d) Submission of Reports- Each report shall be submitted to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Commerce, Science, and Transportation of the Senate upon completion. CommentsClose CommentsPermalink

TITLE III--FUNDING CommentsClose CommentsPermalink

SEC. 301. VEHICLE SAFETY USER FEE.

(a) Amendment- Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘Sec. 30107. Vehicle Safety User F8. Vehicle safety user fee

‘(a) Establishment of Fund- There is established in the Treasury of the United States a separate account for the deposit of fees under this section to be known as the Vehicle Safety Fund. CommentsClose CommentsPermalink





‘(b) Assessment and Collection of Vehicle Safety Fees- Beginning 1 year after the date of enactment of the Motor Vehicle Safety Act of 2010, the Secretary shall assess and collect, in accordance with this section, a vehicle safety user fee from the manufacturer for each motor vehicle that is certified as compliant with applicable motor vehicle safety standards pursuant to section 30115. CommentsClose CommentsPermalink





‘(c) Deposit- The Secretary shall deposit any fees collected pursuant to subsection (b) into the Vehicle Safety Fund established by subsection (a). CommentsClose CommentsPermalink





‘(d) Use- Amounts in the Vehicle Safety Fund shall be available to the Secretary, as provided in subsection (i), for making expenditures to meet the obligations of the United States to carry out vehicle safety programs of the National Highway Traffic Safety Administration. CommentsClose CommentsPermalink





‘(e) Vehicle Safety User Fee- CommentsClose CommentsPermalink





‘(1) FIRST, SECOND, AND THIRD YEAR FEES- The fee assessed under this section for the first three years shall be as follows: CommentsClose CommentsPermalink





‘(A) $3 for each vehicle certified during the first year in which such fees are assessed. CommentsClose CommentsPermalink





‘(B) $6 for each vehicle certified during the second year in which such fees are assessed. CommentsClose CommentsPermalink





‘(C) $9 for each vehicle certified during the third year in which such fees are assessed. CommentsClose CommentsPermalink





‘(2) SUBSEQUENT YEARS- The fee assessed under this section for each vehicle certified after the third year in which such fees are assessed shall be adjusted by the Secretary by notice published in the Federal Register to reflect the total percentage change that occurred in the Consumer Price Index for all Urban Consumers for the 12 -month period ending June 30 preceding the fiscal year for which fees are being established. CommentsClose CommentsPermalink





‘(3) PAYMENT- The Secretary shall require payment of fees under this section on a quarterly basis and not later than one quarter after the date on which the fee was assessed. CommentsClose CommentsPermalink





‘(f) Rulemaking- Not later than 9 months after the date of enactment of the Motor Vehicle Safety Act of 2010, the Secretary shall promulgate rules governing the collection and payment of fees pursuant to this section. CommentsClose CommentsPermalink





‘(g) Limitations- CommentsClose CommentsPermalink





‘(1) IN GENERAL- Fees under this section shall not be collected for a fiscal year unless appropriations for vehicle safety programs of the National Highway Traffic Safety Administration for such fiscal year (excluding the amount of fees appropriated for such fiscal year) are equal to or greater than the amount of appropriations for vehicle safety programs of the National Highway Traffic Safety Administration for fiscal year 2010. CommentsClose CommentsPermalink





‘(2) AUTHORITY- If the Secretary does not assess fees under this section during any portion of a fiscal year because of paragraph (1), the Secretary may assess and collect such fees, without any modification in the rate, at a later date in such fiscal year notwithstanding the provisions of subsection (e)(3) relating to the date fees are to be paid. CommentsClose CommentsPermalink





‘(h) Collection of Unpaid Fees- In any case where the Secretary does not receive payment of a fee assessed under this section within 30 days after it is due, such fee shall be treated as a claim of the United States Government subject to subchapter II of chapter 37 of title 31. CommentsClose CommentsPermalink





‘(i) Authorization of Appropriations- In addition to funds appropriated under section 30104, there is authorized to be appropriated from the Vehicle Safety Fund to the Secretary for the National Highway Traffic Safety Administration for each fiscal year in which fees are collected under subsection (b) an amount equal to the total amount collected during the previous fiscal year from fees assessed pursuant to this section. Such amounts are authorized to remain available until expended. CommentsClose CommentsPermalink





‘(j) Crediting and Availability of Fees- Fees authorized under subsection (b) shall be collected and available for obligation only to the extent and in the amount provided in advance in appropriations Acts.’. CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such chapter is amended by inserting after the item relating to section 30106 the following: CommentsClose CommentsPermalink





‘301078. Vehicle safety user fee.’. CommentsClose CommentsPermalink

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

Section 30104 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(1) by striking ‘$98,313,500’; and CommentsClose CommentsPermalink





(2) by striking ‘in each fiscal year beginning’ and all that follows and inserting ‘and to carry out the Motor Vehicle Safety Act of 2010-- CommentsClose CommentsPermalink





‘(1) $200,000,000 for fiscal year 2011; CommentsClose CommentsPermalink





‘(2) $240,000,000 for fiscal year 2012; and CommentsClose CommentsPermalink





‘(3) $280,000,000 for fiscal year 2013.’. CommentsClose CommentsPermalink

TITLE IV--ENHANCED SAFETY AUTHORITIES CommentsClose CommentsPermalink

SEC. 401. CIVIL PENALTIES.

(a) In General-Section 30165 of title 49, United States Code, is amended-- CommentsClose CommentsPermalink





(1) in subsection (a)(1)-- CommentsClose CommentsPermalink





(A) in the first sentence by striking ‘$5,000’ and inserting ‘$25,000’; and CommentsClose CommentsPermalink





(B) in the third sentence, by striking ‘$15,000,000’ and inserting ‘$200,000,000’; CommentsClose CommentsPermalink





(2) in subsection (a)(3)-- CommentsClose CommentsPermalink





(A) in the second sentence by striking ‘$5,000’ and inserting ‘$25,000’ ; and CommentsClose CommentsPermalink





(B) in the third sentence, by striking ‘$15,000,000’ and inserting ‘$200,000,000’; and CommentsClose CommentsPermalink





(3) by striking subsection (c) and inserting the following: CommentsClose CommentsPermalink





‘(c) Relevant Factors in Determining Amount of Penalty or Compromise- In determining the amount of a civil penalty or compromise, the nature, circumstances, extent, and gravity of the violation shall be considered. This shall include, where appropriate, the nature of the defect or noncompliance, the severity of the risk of injury, the occurrence or absence of injury, the number of motor vehicles or items of motor vehicle equipment distributed with the defect or noncompliance, the existence of an imminent hazard, the appropriateness of such penalty in relation to the size of the business of the person charged, recognizing the potential for undue adverse economic impacts on small businesses, and such other factors as appropriate.’. CommentsClose CommentsPermalink





(b) Civil Penalty Criteria- Not later than 1 year after the date of enactment of this Act, and in accordance with the procedures ofsection 553 of title 5, United States Code, the Secretary shall issue a final regulation providing its interpretation of the penalty factors described in section 30165(c) of title 49, United States Code, as added by subsection (a). CommentsClose CommentsPermalink





(c) Construction- Nothing in this section shall be construed as preventing the imposition of penalties undersection 30165 of title 49, United States Code, prior to the issuance of a final rule pursuant to subsection (b). CommentsClose CommentsPermalink

SEC. 402. IMMINENT HAZARD AUTHORITY.

(a) In General-Section 30118(b) of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘(3) IMMINENT HAZARD ORDERS- If the Secretary of Transportation in making a decision under subsection (a) also initially decides that such defect or noncompliance presents a substantial likelihood of death or serious injury to the public, the Secretary shall notify such manufacturer. The opportunity for the manufacturer to present information, views, and arguments in accordance with paragraph (1) shall be provided as soon as practicable but not later than 10 calendar days after the initial decision. The Secretary shall expedite proceedings for a decision and order under paragraph (1) and shall, as appropriate, issue an imminent hazard order.’. CommentsClose CommentsPermalink





(b) Procedures- Not later than 2 years after the date of enactment of this Act, the Secretary shall issue procedures for the issuance and enforcement of imminent hazard orders undersection 30118(b)(3) of title 49, United States Code (as added by subsection (a)), consistent with the provisions of chapter 301 of such title and the Administrative Procedures Act. CommentsClose CommentsPermalink