49 U.S.C. § 30111 — Standards

Page 755 TITLE 49—TRANSPORTATION § 30111 § 30106. Rented or leased motor vehicle safety and responsibility (a) IN GENERAL.—An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable under the law of any State or political subdivi- sion thereof, by reason of being the owner of the vehicle (or an affiliate of the owner), for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease, if— (1) the owner (or an affiliate of the owner) is engaged in the trade or business of renting or leasing motor vehicles; and (2) there is no negligence or criminal wrong- doing on the part of the owner (or an affiliate of the owner). (b) FINANCIAL RESPONSIBILITY LAWS.—Nothing in this section supersedes the law of any State or political subdivision thereof— (1) imposing financial responsibility or in- surance standards on the owner of a motor ve- hicle for the privilege of registering and oper- ating a motor vehicle; or (2) imposing liability on business entities en- gaged in the trade or business of renting or leasing motor vehicles for failure to meet the financial responsibility or liability insurance requirements under State law. (c) APPLICABILITY AND EFFECTIVE DATE.—Not- withstanding any other provision of law, this section shall apply with respect to any action commenced on or after the date of enactment of this section without regard to whether the harm that is the subject of the action, or the conduct that caused the harm, occurred before such date of enactment. (d) DEFINITIONS.—In this section, the following definitions apply: (1) AFFILIATE.—The term ‘‘affiliate’’ means a person other than the owner that directly or indirectly controls, is controlled by, or is under common control with the owner. In the preceding sentence, the term ‘‘control’’ means the power to direct the management and poli- cies of a person whether through ownership of voting securities or otherwise. (2) OWNER.—The term ‘‘owner’’ means a per- son who is— (A) a record or beneficial owner, holder of title, lessor, or lessee of a motor vehicle; (B) entitled to the use and possession of a motor vehicle subject to a security interest in another person; or (C) a lessor, lessee, or a bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession thereof, under a lease, bailment, or otherwise. (3) PERSON.—The term ‘‘person’’ means any individual, corporation, company, limited li- ability company, trust, association, firm, partnership, society, joint stock company, or any other entity. (Added Pub. L. 109–59, title X, § 10208(a), Aug. 10, 2005, 119 Stat. 1935.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (c), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. SUBCHAPTER II—STANDARDS AND COMPLIANCE § 30111. Standards (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall prescribe motor vehicle safety standards. Each standard shall be prac- ticable, meet the need for motor vehicle safety, and be stated in objective terms. (b) CONSIDERATIONS AND CONSULTATION.—When prescribing a motor vehicle safety standard under this chapter, the Secretary shall— (1) consider relevant available motor vehicle safety information; (2) consult with the agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State or interstate authorities (including leg- islative committees); (3) consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of motor vehicle or motor vehicle equipment for which it is prescribed; and (4) consider the extent to which the standard will carry out section 30101 of this title. (c) COOPERATION.—The Secretary may advise, assist, and cooperate with departments, agen- cies, and instrumentalities of the United States Government, States, and other public and pri- vate agencies in developing motor vehicle safety standards. (d) EFFECTIVE DATES OF STANDARDS.—The Sec- retary shall specify the effective date of a motor vehicle safety standard prescribed under this chapter in the order prescribing the standard. A standard may not become effective before the 180th day after the standard is prescribed or later than one year after it is prescribed. How- ever, the Secretary may prescribe a different ef- fective date after finding, for good cause shown, that a different effective date is in the public in- terest and publishing the reasons for the find- ing. (e) 5-YEAR PLAN FOR TESTING STANDARDS.— The Secretary shall establish and periodically review and update on a continuing basis a 5-year plan for testing motor vehicle safety standards prescribed under this chapter that the Secretary considers capable of being tested. In developing the plan and establishing testing priorities, the Secretary shall consider factors the Secretary considers appropriate, consistent with section 30101 of this title and the Secretary’s other du- ties and powers under this chapter. The Sec- retary may change at any time those priorities to address matters the Secretary considers of greater priority. The initial plan may be the 5- year plan for compliance testing in effect on De- cember 18, 1991. (f) MOTOR VEHICLE SAFETY GUIDELINES.— (1) IN GENERAL.—No guidelines issued by the Secretary with respect to motor vehicle safety shall confer any rights on any person, State, Page 756 TITLE 49—TRANSPORTATION § 30111 or locality, nor shall operate to bind the Sec- retary or any person to the approach rec- ommended in such guidelines. In any enforce- ment action with respect to motor vehicle safety, the Secretary shall allege a violation of a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation. The Secretary may not base an enforcement action on, or execute a consent order based on, prac- tices that are alleged to be inconsistent with any such guidelines, unless the practices alleg- edly violate a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation. (2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to confer any au- thority upon or negate any authority of the Secretary to issue guidelines under this chap- ter. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 944; Pub. L. 114–94, div. B, title XXIV, § 24406, Dec. 4, 2015, 129 Stat. 1725.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30111(a) ...... 15:1392(a), (b), (e) (1st sentence). Sept. 9, 1966, Pub. L. 89–563, §§ 102(13), 103(a)–(c), (e), (f), 107 (related to standards), 80 Stat. 719, 721. 30111(b) ...... 15:1391(13). 15:1392(f). 30111(c) ...... 15:1396 (related to standards). 30111(d) ...... 15:1392(c), (e) (last sentence). 30111(e) ...... 15:1392(j). Sept. 9, 1966, Pub. L. 89–563, 80 Stat. 718, § 103(j); added Dec. 18, 1991, Pub. L. 102–240, § 2505, 105 Stat. 2084. In subsection (a), the words ‘‘shall prescribe’’ are sub- stituted for ‘‘shall establish by order’’ in 15:1392(a) and ‘‘may by order’’ in 15:1392(e) (1st sentence) for consist- ency. The words ‘‘amend or revoke’’ in 15:1392(e) (1st sentence) and 1397(b)(1) (last sentence) are omitted be- cause they are included in ‘‘prescribe’’. The words ‘‘ap- propriate Federal’’ in 15:1392(a) and ‘‘Federal’’ in 15:1392(e) (1st sentence) are omitted as surplus. The words ‘‘established under this section’’ are omitted be- cause of the restatement. The text of 15:1392(b) is omit- ted as surplus because 5:chs. 5, subch. II, and 7 apply unless otherwise stated. In subsection (b)(1), the words ‘‘including the results of research, development, testing and evaluation ac- tivities conducted pursuant to this chapter’’ are omit- ted as surplus. In subsection (b)(2), the words ‘‘agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635)’’ are substituted for 15:1391(13) and ‘‘the Vehi- cle Equipment Safety Commission’’ in 15:1392(f) because of the restatement. The citation in parenthesis is in- cluded only for information purposes. In subsection (b)(4), the words ‘‘contribute to’’ are omitted as surplus. In subsection (c), the words ‘‘departments, agencies, and instrumentalities of the United States Govern- ment, States, and other public and private agencies’’ are substituted for ‘‘other Federal departments and agencies, and State and other interested public and pri- vate agencies’’ for consistency. The words ‘‘planning and’’ are omitted as surplus. In subsection (d), the words ‘‘The Secretary’’ are added for clarity. The words ‘‘effective date’’ are sub- stituted for ‘‘the date . . . is to take effect’’ to elimi- nate unnecessary words. The words ‘‘under this chap- ter’’ are added for clarity. The words ‘‘However, the Secretary may prescribe a different effective date’’ are substituted for ‘‘unless the Secretary’’ for clarity. The word ‘‘different’’ is substituted for ‘‘earlier or later’’ to eliminate unnecessary words. In subsection (e), the words ‘‘duties and powers’’ are substituted for ‘‘responsibilities’’, and the word ‘‘change’’ is substituted for ‘‘adjust’’, and for clarity and consistency in the revised title. Editorial Notes REFERENCES IN TEXT Act of August 20, 1958, referred to in subsec. (b)(2), is set out as a note under former section 313 of Title 23, Highways. AMENDMENTS 2015—Subsec. (f). Pub. L. 114–94 added subsec. (f). Statutory Notes and Related Subsidiaries UNDERRIDE PROTECTION Pub. L. 117–58, div. B, title III, § 23011, Nov. 15, 2021, 135 Stat. 768, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) COMMITTEE.—The term ‘Committee’ means the Advisory Committee on Underride Protection estab- lished under subsection (d)(1). ‘‘(2) MOTOR CARRIER.—The term ‘motor carrier’ has the meaning given the term in section 13102 of title 49, United States Code. ‘‘(3) PASSENGER MOTOR VEHICLE.—The term ‘pas- senger motor vehicle’ has the meaning given the term in section 32101 of title 49, United States Code. ‘‘(4) UNDERRIDE CRASH.—The term ‘underride crash’ means a crash in which a trailer or semitrailer in- trudes into the passenger compartment of a pas- senger motor vehicle. ‘‘(b) REAR UNDERRIDE GUARDS.— ‘‘(1) TRAILERS AND SEMITRAILERS.— ‘‘(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall promulgate such regulations as are necessary to revise sections 571.223 and 571.224 of title 49, Code of Federal Regu- lations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively), to re- quire trailers and semitrailers manufactured after the date on which those regulations are promul- gated to be equipped with rear impact guards that are designed to prevent passenger compartment in- trusion from a trailer or semitrailer when a pas- senger motor vehicle traveling at 35 miles per hour makes— ‘‘(i) an impact in which the passenger motor ve- hicle impacts the center of the rear of the trailer or semitrailer; ‘‘(ii) an impact in which 50 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer; and ‘‘(iii) an impact in which 30 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer, if the Secretary de- termines that a revision of sections 571.223 and 571.224 of title 49, Code of Federal Regulations (re- lating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively) to address such an impact would meet the requirements and con- siderations described in subsections (a) and (b) of section 30111 of title 49, United States Code. ‘‘(B) EFFECTIVE DATE.—The regulations promul- gated under subparagraph (A) shall require full compliance with each Federal Motor Vehicle Safety Standard revised pursuant to those regulations not later than 2 years after the date on which those reg- ulations are promulgated. ‘‘(2) ADDITIONAL RESEARCH.—The Secretary shall conduct additional research on the design and devel- opment of rear impact guards that can— Page 757 TITLE 49—TRANSPORTATION § 30111 ‘‘(A) prevent underride crashes in cases in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour; and ‘‘(B) protect passengers in passenger motor vehi- cles against severe injury in crashes in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour. ‘‘(3) REVIEW OF STANDARDS.—Not later than 5 years after the date on which the regulations under para- graph (1)(A) are promulgated, the Secretary shall— ‘‘(A) review the Federal Motor Vehicle Safety Standards revised pursuant to those regulations and any other requirements of those regulations re- lating to rear underride guards on trailers or semitrailers to evaluate the need for changes in re- sponse to advancements in technology; and ‘‘(B) update those Federal Motor Vehicle Safety Standards and those regulations accordingly. ‘‘(4) INSPECTIONS.— ‘‘(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to re- vise the regulations relating to minimum periodic inspection standards under appendix G to sub- chapter B of chapter III of title 49, Code of Federal Regulations, and the regulations relating to driver vehicle inspection reports under section 396.11 of that title to include requirements relating to rear impact guards and rear end protection that are con- sistent with the requirements described in section 393.86 of that title. ‘‘(B) CONSIDERATIONS.—In revising the regulations described in subparagraph (A), the Secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing an, or has a corroded or compromised, element that affects the structural integrity and protective feature of the rear impact guard. ‘‘(c) SIDE UNDERRIDE GUARDS.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Sec- retary shall— ‘‘(A) complete additional research on side underride guards to better understand the overall effectiveness of side underride guards; ‘‘(B) assess the feasibility, benefits, and costs of, and any impacts on intermodal equipment, freight mobility (including port operations), and freight capacity associated with, installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more; ‘‘(C) consider the unique structural and oper- ational aspects of— ‘‘(i) intermodal chassis (as defined in section 340.2 of title 46, Code of Federal Regulations; and ‘‘(ii) pole trailers (as defined in section 390.5 of title 49, Code of Federal Regulations; and ‘‘(D) if warranted, develop performance standards for side underride guards. ‘‘(2) INDEPENDENT RESEARCH.—If the Secretary en- ters into a contract with a third party to perform the research required under paragraph (1)(A), the Sec- retary shall ensure that the third party does not have any financial or contractual ties to, or relationships with— ‘‘(A) a motor carrier that transports passengers or property for compensation; ‘‘(B) the motor carrier industry; or ‘‘(C) an entity producing or supplying underride guards. ‘‘(3) PUBLICATION OF ASSESSMENT.—Not later than 90 days after completion of the assessment required under paragraph (1)(B), the Secretary shall— ‘‘(A) issue a notice in the Federal Register con- taining the findings of the assessment; and ‘‘(B) provide an opportunity for public comment. ‘‘(4) REPORT TO CONGRESS.—Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives a report that includes— ‘‘(A) the results of the assessment under para- graph (1)(B); ‘‘(B) a summary of any comments received by the Secretary under paragraph (3)(B); and ‘‘(C) a determination as to whether the Secretary intends to develop performance requirements for side underride guards, including any analysis that led to that determination. ‘‘(d) ADVISORY COMMITTEE ON UNDERRIDE PROTEC- TION.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish an Advisory Committee on Underride Protection to provide advice and recommendations to the Sec- retary on safety regulations to reduce underride crashes and fatalities relating to underride crashes. ‘‘(2) MEMBERSHIP.— ‘‘(A) IN GENERAL.—The Committee shall be com- posed of not more than 20 members, appointed by the Secretary, who— ‘‘(i) are not employees of the Department [of Transportation]; and ‘‘(ii) are qualified to serve on the Committee be- cause of their expertise, training, or experience. ‘‘(B) REPRESENTATION.—The Committee shall in- clude 2 representatives of each of the following: ‘‘(i) Truck and trailer manufacturers. ‘‘(ii) Motor carriers, including independent owner-operators. ‘‘(iii) Law enforcement. ‘‘(iv) Motor vehicle engineers. ‘‘(v) Motor vehicle crash investigators. ‘‘(vi) Truck safety organizations. ‘‘(vii) The insurance industry. ‘‘(viii) Emergency medical service providers. ‘‘(ix) Families of underride crash victims. ‘‘(x) Labor organizations. ‘‘(3) COMPENSATION.—Members of the Committee shall serve without compensation. ‘‘(4) MEETINGS.—The Committee shall meet not less frequently than annually. ‘‘(5) SUPPORT.—On request of the Committee, the Secretary shall provide information, administrative services, and supplies necessary for the Committee to carry out the duties of the Committee. ‘‘(6) REPORT.—The Committee shall submit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transpor- tation and Infrastructure of the House of Representa- tives a biennial report that— ‘‘(A) describes the advice and recommendations made to the Secretary; and ‘‘(B) includes an assessment of progress made by the Secretary in advancing safety regulations relat- ing to underride crashes. ‘‘(e) DATA COLLECTION.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall implement the recommendations de- scribed in the report of the Government Accountability Office entitled ‘Truck Underride Guards: Improved Data Collection, Inspections, and Research Needed’, published on March 14, 2019, and numbered GAO–19–264.’’ LIMOUSINE RESEARCH Pub. L. 117–58, div. B, title III, § 23015, Nov. 15, 2021, 135 Stat. 773, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) LIMOUSINE.—The term ‘limousine’ means a motor vehicle— ‘‘(A) that has a seating capacity of 9 or more per- sons (including the driver); ‘‘(B) with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds; ‘‘(C) that the Secretary has determined by regula- tion has physical characteristics resembling— Page 758 TITLE 49—TRANSPORTATION § 30111 ‘‘(i) a passenger car; ‘‘(ii) a multipurpose passenger vehicle; or ‘‘(iii) a truck with a gross vehicle weight rating of 10,000 pounds or less; and ‘‘(D) that is not a taxi, nonemergency medical, or paratransit motor vehicle. ‘‘(2) LIMOUSINE OPERATOR.—The term ‘limousine op- erator’ means a person who owns or leases, and uses, a limousine to transport passengers for compensa- tion. ‘‘(3) MOTOR VEHICLE SAFETY STANDARD.—The term ‘motor vehicle safety standard’ has the meaning given the term in section 30102(a) of title 49, United States Code. ‘‘(4) STATE.—The term ‘State’ has the meaning given such term in section 30102(a) of title 49, United States Code. ‘‘(b) CRASHWORTHINESS.— ‘‘(1) RESEARCH.—Not later than 4 years after the date of enactment of this Act [Nov. 15, 2021], the Sec- retary shall complete research into the development of motor vehicle safety standards for side impact pro- tection, roof crush resistance, and air bag systems for the protection of occupants in limousines with alter- native seating positions, including perimeter seating arrangements. ‘‘(2) RULEMAKING OR REPORT.— ‘‘(A) CRASHWORTHINESS STANDARDS.— ‘‘(i) IN GENERAL.—Subject to clause (ii), not later than 2 years after the date on which the re- search under paragraph (1) is completed, the Sec- retary shall prescribe, for the protection of occu- pants in limousines with alternative seating posi- tions, a final motor vehicle safety standard for each of the following: ‘‘(I) Side impact protection. ‘‘(II) Roof crush resistance. ‘‘(III) Air bag systems. ‘‘(ii) REQUIREMENTS AND CONSIDERATIONS.—The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Sec- retary determines that the standard meets the re- quirements and considerations described in sub- sections (a) and (b) of section 30111 of title 49, United States Code. ‘‘(B) REPORT.—If the Secretary determines that a motor vehicle safety standard described in subpara- graph (A)(i) would not meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Energy and Commerce of the House of Representatives a report describing the reasons for not prescribing the standard. ‘‘(c) EVACUATION.— ‘‘(1) RESEARCH.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Sec- retary shall complete research into safety features and standards that aid evacuation in the event that an exit in the passenger compartment of a limousine is blocked. ‘‘(2) RULEMAKING OR REPORT.— ‘‘(A) LIMOUSINE EVACUATION.— ‘‘(i) IN GENERAL.—Subject to clause (ii), not later than 2 years after the date on which the re- search under paragraph (1) is completed, the Sec- retary shall prescribe a final motor vehicle safety standard based on the results of that research. ‘‘(ii) REQUIREMENTS AND CONSIDERATIONS.—The Secretary may only prescribe a motor vehicle safety standard described in clause (i) if the Sec- retary determines that the standard meets the re- quirements and considerations described in sub- sections (a) and (b) of section 30111 of title 49, United States Code. ‘‘(B) REPORT.—If the Secretary determines that a standard described in subparagraph (A)(i) would not meet the requirements and considerations de- scribed in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Energy and Commerce of the House of Representatives a re- port describing the reasons for not prescribing the standard. ‘‘(d) LIMOUSINE INSPECTION DISCLOSURE.— ‘‘(1) IN GENERAL.—A limousine operator may not in- troduce a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous notice, including on the website of the operator if the operator has a website, the following: ‘‘(A) The date of the most recent inspection of the limousine required under State or Federal law, if applicable. ‘‘(B) The results of the inspection, if applicable. ‘‘(C) Any corrective action taken by the lim- ousine operator to ensure the limousine passed in- spection, if applicable. ‘‘(2) FEDERAL TRADE COMMISSION ENFORCEMENT.— ‘‘(A) IN GENERAL.—The Federal Trade Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this subsection. ‘‘(B) TREATMENT.—Any person who violates this subsection shall be subject to the penalties and en- titled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ‘‘(3) SAVINGS PROVISION.—Nothing in this subsection limits the authority of the Federal Trade Commis- sion under any other provision of law. ‘‘(4) EFFECTIVE DATE.—This subsection shall take effect on the date that is 180 days after the date of en- actment of this Act [Nov. 15, 2021].’’ MOTOR VEHICLE SEAT BACK SAFETY STANDARDS Pub. L. 117–58, div. B, title IV, § 24204, Nov. 15, 2021, 135 Stat. 820, provided that: ‘‘(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], subject to subsection (b), the Secretary [of Transportation] shall issue an advanced notice of proposed rulemaking to up- date section 571.207 of title 49, Code of Federal Regula- tions. ‘‘(b) COMPLIANCE DATE.—If the Secretary determines that a final rule is appropriate consistent with the con- siderations described in section 30111(b) of title 49, United States Code, in issuing a final rule pursuant to subsection (a), the Secretary shall establish a date for required compliance with the final rule of not later than 2 motor vehicle model years after the model year during which the effective date of the final rule oc- curs.’’ AUTOMATIC SHUTOFF Pub. L. 117–58, div. B, title IV, § 24205(a), (b), Nov. 15, 2021, 135 Stat. 820, 821, provided that: ‘‘(a) DEFINITIONS.—In this section [enacting this note and provisions not set out in the Code]: ‘‘(1) KEY.—The term ‘key’ has the meaning given the term in section 571.114 of title 49, Code of Federal Regulations (or a successor regulation). ‘‘(2) MANUFACTURER.—The term ‘manufacturer’ has the meaning given the term in section 30102(a) of title 49, United States Code. ‘‘(3) MOTOR VEHICLE.— ‘‘(A) IN GENERAL.—The term ‘motor vehicle’ has the meaning given the term in section 30102(a) of title 49, United States Code. ‘‘(B) EXCLUSIONS.—The term ‘motor vehicle’ does not include— ‘‘(i) a motorcycle or trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations (or a successor regulation)); Page 759 TITLE 49—TRANSPORTATION § 30111 ‘‘(ii) any motor vehicle with a gross vehicle weight rating of more than 10,000 pounds; ‘‘(iii) a battery electric vehicle; or ‘‘(iv) a motor vehicle that requires extended pe- riods with the engine in idle to operate in service mode or to operate equipment, such as an emer- gency vehicle (including a police vehicle, an am- bulance, or a tow vehicle) and a commercial-use vehicle (including a refrigeration vehicle). ‘‘(b) AUTOMATIC SHUTOFF SYSTEMS FOR MOTOR VEHI- CLES.— ‘‘(1) FINAL RULE.— ‘‘(A) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall issue a final rule amending section 571.114 of title 49, Code of Federal Regulations, to require manufacturers to install in each motor vehicle that is equipped with a keyless ignition device and an internal combus- tion engine a device or system to automatically shutoff the motor vehicle after the motor vehicle has idled for the period described in subparagraph (B). ‘‘(B) DESCRIPTION OF PERIOD.— ‘‘(i) IN GENERAL.—The period referred to in sub- paragraph (A) is the period designated by the Sec- retary as necessary to prevent, to the maximum extent practicable, carbon monoxide poisoning. ‘‘(ii) DIFFERENT PERIODS.—The Secretary may designate different periods under clause (i) for dif- ferent types of motor vehicles, depending on the rate at which the motor vehicle emits carbon monoxide, if— ‘‘(I) the Secretary determines a different pe- riod is necessary for a type of motor vehicle for purposes of section 30111 of title 49, United States Code; and ‘‘(II) requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning. ‘‘(2) DEADLINE.—Unless the Secretary finds good cause to phase-in or delay implementation, the rule issued pursuant to paragraph (1) shall take effect on September 1 of the first calendar year beginning after the date on which the Secretary issues the rule.’’ REDUCTION OF DRIVER DISTRACTION Pub. L. 117–58, div. B, title IV, § 24209, Nov. 15, 2021, 135 Stat. 823, provided that: ‘‘(a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], the Sec- retary [of Transportation] shall conduct research re- garding the installation and use on motor vehicles of driver monitoring systems to minimize or eliminate— ‘‘(1) driver distraction; ‘‘(2) driver disengagement; ‘‘(3) automation complacency by drivers; and ‘‘(4) foreseeable misuse of advanced driver-assist systems. ‘‘(b) REPORT.—Not later than 180 days after the date of completion of the research under subsection (a), the Secretary shall submit to the Committee on Com- merce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a detailed report describing the findings of the research. ‘‘(c) RULEMAKING.— ‘‘(1) IN GENERAL.—If, based on the research com- pleted under subsection (a), the Secretary determines that— ‘‘(A) 1 or more rulemakings are necessary to en- sure safety, in accordance with the [sic] section 30111 of title 49, United States Code, the Secretary shall initiate the rulemakings by not later than 2 years after the date of submission of the report under subsection (b); and ‘‘(B) an additional rulemaking is not necessary, or an additional rulemaking cannot meet the appli- cable requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit to the Committee on Commerce, Science, and Trans- portation of the Senate and the Committee on En- ergy and Commerce of the House of Representatives a report describing the reasons for not prescribing additional Federal motor vehicle safety standards regarding the research conducted under subsection (a). ‘‘(2) PRIVACY.—A rule issued pursuant to paragraph (1) shall incorporate appropriate privacy and data se- curity safeguards, as determined by the Secretary.’’ HEADLAMPS Pub. L. 117–58, div. B, title IV, § 24212, Nov. 15, 2021, 135 Stat. 825, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ADAPTIVE DRIVING BEAM HEADLAMP.—The term ‘adaptive driving beam headlamp’ means a headlamp (as defined in Standard 108) that meets the perform- ance requirements specified in SAE International Standard J3069, published on June 30, 2016. ‘‘(2) STANDARD 108.—The term ‘Standard 108’ means Federal Motor Vehicle Safety Standard Number 108, contained in section 571.108 of title 49, Code of Fed- eral Regulations (as in effect on the date of enact- ment of this Act [Nov. 15, 2021]). ‘‘(b) RULEMAKING.—Not later than 2 years after the date of enactment of this Act, the Secretary [of Trans- portation] shall issue a final rule amending Standard 108— ‘‘(1) to include performance-based standards for ve- hicle headlamp systems— ‘‘(A) to ensure that headlights are correctly aimed on the road; and ‘‘(B) requiring those systems to be tested on-vehi- cle to account for headlight height and lighting performance; and ‘‘(2) to allow for the use on vehicles of adaptive driving beam headlamp systems. ‘‘(c) PERIODIC REVIEW.—Nothing in this section pre- cludes the Secretary from— ‘‘(1) reviewing Standard 108, as amended pursuant to subsection (b); and ‘‘(2) revising Standard 108 to reflect an updated version of SAE International Standard J3069, as the Secretary determines to be— ‘‘(A) appropriate; and ‘‘(B) in accordance with section 30111 of title 49, United States Code.’’ ADVANCED IMPAIRED DRIVING TECHNOLOGY Pub. L. 117–58, div. B, title IV, § 24220, Nov. 15, 2021, 135 Stat. 831, as amended by Pub. L. 117–328, div. L, title I, § 143, Dec. 29, 2022, 136 Stat. 5121, provided that: ‘‘(a) FINDINGS.—Congress finds that— ‘‘(1) alcohol-impaired driving fatalities represent approximately 1⁄3 of all highway fatalities in the United States each year; ‘‘(2) in 2019, there were 10,142 alcohol-impaired driv- ing fatalities in the United States involving drivers with a blood alcohol concentration level of .08 or higher, and 68 percent of the crashes that resulted in those fatalities involved a driver with a blood alcohol concentration level of .15 or higher; ‘‘(3) the estimated economic cost for alcohol-im- paired driving in 2010 was $44,000,000,000; ‘‘(4) according to the Insurance Institute for High- way Safety, advanced drunk and impaired driving prevention technology can prevent more than 9,400 alcohol-impaired driving fatalities annually; and ‘‘(5) to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driv- ing prevention technology must be standard equip- ment in all new passenger motor vehicles. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) ADVANCED DRUNK AND IMPAIRED DRIVING PRE- VENTION TECHNOLOGY.—The term ‘advanced drunk and impaired driving prevention technology’ means a sys- tem that— Page 760 TITLE 49—TRANSPORTATION § 30111 ‘‘(A) can— ‘‘(i) passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired; and ‘‘(ii) prevent or limit motor vehicle operation if an impairment is detected; ‘‘(B) can— ‘‘(i) passively and accurately detect whether the blood alcohol concentration of a driver of a motor vehicle is equal to or greater than the blood alco- hol concentration described in section 163(a) of title 23, United States Code; and ‘‘(ii) prevent or limit motor vehicle operation if a blood alcohol concentration above the legal limit is detected; or ‘‘(C) is a combination of systems described in sub- paragraphs (A) and (B). ‘‘(2) NEW.—The term ‘new’, with respect to a pas- senger motor vehicle, means that the passenger motor vehicle— ‘‘(A) is a new vehicle (as defined in section 37.3 of title 49, Code of Federal Regulations (or a successor regulation)); and ‘‘(B) has not been purchased for purposes other than resale. ‘‘(3) PASSENGER MOTOR VEHICLE.—The term ‘pas- senger motor vehicle’ has the meaning given the term in section 32101 of title 49, United States Code. ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation, acting through the Ad- ministrator of the National Highway Traffic Safety Administration. ‘‘(c) ADVANCED DRUNK AND IMPAIRED DRIVING PREVEN- TION TECHNOLOGY SAFETY STANDARD.—Subject to sub- section (e) and not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall issue a final rule prescribing a Federal motor ve- hicle safety standard under section 30111 of title 49, United States Code, that requires passenger motor ve- hicles manufactured after the effective date of that standard to be equipped with advanced drunk and im- paired driving prevention technology. ‘‘(d) REQUIREMENT.—To allow sufficient time for man- ufacturer compliance, the compliance date of the rule issued under subsection (c) shall be not earlier than 2 years and not more than 3 years after the date on which that rule is issued. ‘‘(e) TIMING.—If the Secretary determines that the Federal motor vehicle safety standard required under subsection (c) cannot meet the requirements and con- siderations described in subsections (a) and (b) of sec- tion 30111 of title 49, United States Code, by the appli- cable date, the Secretary— ‘‘(1) may extend the time period to such date as the Secretary determines to be necessary, but not later than the date that is 3 years after the date described in subsection (c); ‘‘(2) shall, not later than the date described in sub- section (c) and not less frequently than annually thereafter until the date on which the rule under that subsection is issued, submit to the Committee on Commerce, Science, and Transportation of the Sen- ate and the Committee on Energy and Commerce of the House of Representatives a report describing, as of the date of submission of the report— ‘‘(A) the reasons for not prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires advanced drunk and impaired driving prevention technology in all new passenger motor vehicles; ‘‘(B) the deployment of advanced drunk and im- paired driving prevention technology in vehicles; ‘‘(C) any information relating to the ability of ve- hicle manufacturers to include advanced drunk and impaired driving prevention technology in new pas- senger motor vehicles; and ‘‘(D) an anticipated timeline for prescribing the Federal motor vehicle safety standard described in subsection (c); and ‘‘(3) if the Federal motor vehicle safety standard re- quired by subsection (c) has not been finalized by the date that is 10 years after the date of enactment of this Act [Nov. 15, 2021], shall submit to the Com- mittee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Com- merce of the House of Representative a report de- scribing— ‘‘(A) the reasons why the Federal motor vehicle safety standard has not been finalized; ‘‘(B) the barriers to finalizing the Federal motor vehicle safety standard; and ‘‘(C) recommendations to Congress to facilitate the Federal motor vehicle safety standard. ‘‘(f) SHORT TITLE.—This section may be cited as the ‘Honoring the Abbas Family Legacy to Terminate Drunk Driving Act’.’’ RULEMAKING ON VISIBILITY OF AGRICULTURAL EQUIPMENT Pub. L. 112–141, div. C, title I, § 31601, July 6, 2012, 126 Stat. 775, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) AGRICULTURAL EQUIPMENT.—The term ‘agricul- tural equipment’ has the meaning given the term ‘ag- ricultural field equipment’ in ASABE Standard 390.4, entitled ‘Definitions and Classifications of Agricul- tural Field Equipment’, which was published in Janu- ary 2005 by the American Society of Agriculture and Biological Engineers, or any successor standard. ‘‘(2) PUBLIC ROAD.—The term ‘public road’ has the meaning given the term in section 101(a)(27) of title 23, United States Code. ‘‘(b) RULEMAKING.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary of Transportation, after consultation with representatives of the Amer- ican Society of Agricultural and Biological Engineers and appropriate Federal agencies, and with other ap- propriate persons, shall promulgate a rule to improve the daytime and nighttime visibility of agricultural equipment that may be operated on a public road. ‘‘(2) MINIMUM STANDARDS.—The rule promulgated pursuant to this subsection shall— ‘‘(A) 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 ‘‘(B) provide for the methods, materials, speci- fications, 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. ‘‘(c) REVIEW.—Not less frequently than once every 5 years, the Secretary of Transportation shall— ‘‘(1) review the standards established pursuant to subsection (b); and ‘‘(2) revise such standards to reflect the revision of ASABE Standard 279 that is in effect at the time of such review. ‘‘(d) LIMITATIONS.— ‘‘(1) 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 ref- erenced during the promulgation of the rule. ‘‘(2) NO RETROFITTING REQUIRED.—Any rule promul- gated pursuant to this section may not require the retrofitting of agricultural equipment that was man- ufactured before the date on which the lighting and marking standards are enforceable under subsection (b)(2)(A). ‘‘(3) NO EFFECT ON ADDITIONAL MATERIALS AND EQUIP- MENT.—Any rule promulgated pursuant to this sec- Page 761 TITLE 49—TRANSPORTATION § 30111 tion may not prohibit the operation on public roads of agricultural equipment that is equipped with ma- terials or equipment that are in addition to the min- imum materials and equipment specified in the standard upon which such rule is based.’’ UNATTENDED PASSENGER REMINDERS Pub. L. 112–141, div. C, title I, § 31504, July 6, 2012, 126 Stat. 775, as amended by Pub. L. 114–94, div. B, title XXIV, § 24114, Dec. 4, 2015, 129 Stat. 1710, provided that: ‘‘(a) SAFETY RESEARCH INITIATIVE.—The Secretary [of Transportation] shall initiate research into effective ways to minimize the risk of hyperthermia or hypo- thermia to children or other unattended passengers in rear seating positions. ‘‘(b) RESEARCH AREAS.—In carrying out subsection (a), the Secretary may conduct research into the poten- tial viability of— ‘‘(1) vehicle technology to provide an alert that a child or unattended passenger remains in a rear seat- ing position after the vehicle motor is disengaged; or ‘‘(2) public awareness campaigns to educate drivers on the risks of leaving a child or unattended pas- senger in a vehicle after the vehicle motor is dis- engaged; or ‘‘(3) other ways to mitigate risk. ‘‘(c) COORDINATION WITH OTHER AGENCIES.—The Sec- retary may collaborate with other Federal agencies in conducting the research under this section.’’ PEDESTRIAN SAFETY ENHANCEMENT Pub. L. 111–373, Jan. 4, 2011, 124 Stat. 4086, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Pedestrian Safety En- hancement 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 pe- destrians to discern vehicle presence, direction, loca- tion, 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 de- termined by the Secretary; ‘‘(4) the term ‘motor vehicle’ has the meaning given such term in section 30102(a)(6) [now 30102(a)(7)] 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 alter- native 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) [now 30102(a)(6)] of title 49, United States Code; ‘‘(7) the term ‘dealer’ has the meaning given such term in section 30102(a)(1) [now 30102(a)(2)] of title 49, United States Code; ‘‘(8) the term ‘defect’ has the meaning given such term in section 30102(a)(2) [now 30102(a)(3)] of title 49, United States Code; ‘‘(9) the term ‘hybrid vehicle’ means a motor vehi- cle which has more than one means of propulsion; and ‘‘(10) the term ‘electric vehicle’ means a motor ve- hicle with an electric motor as its sole means of pro- pulsion. ‘‘SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES. ‘‘(a) RULEMAKING REQUIRED.—Not later than 18 months after the date of enactment of this Act [Jan. 4, 2011] the Secretary shall initiate rulemaking, under section 30111 of title 49, United States Code, to promul- gate 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 require- ments of the motor vehicle safety standard estab- lished under this subsection. ‘‘The motor vehicle safety standard established under this subsection shall not require either driver or pedes- trian activation of the alert sound and shall allow the pedestrian to reasonably detect a nearby electric or hy- brid vehicle in critical operating scenarios including, but not limited to, constant speed, accelerating, or de- celerating. The Secretary shall allow manufacturers to provide each vehicle with one or more sounds that com- ply with the motor vehicle safety standard at the time of manufacture. Further, the Secretary shall require manufacturers to provide, within reasonable manufac- turing tolerances, the same sound or set of sounds for all vehicles of the same make and model and shall pro- hibit 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 pro- mulgate 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 hy- brid 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 compli- ance, 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 stand- ard is consistent with existing noise requirements overseen by the Agency; ‘‘(2) consult consumer groups representing individ- uals who are blind; ‘‘(3) consult with automobile manufacturers and professional organizations representing them; ‘‘(4) consult technical standardization organiza- tions responsible for measurement methods such as the Society of Automotive Engineers, the Inter- national Organization for Standardization, and the United Nations Economic Commission for Europe, World Forum for Harmonization of Vehicle Regula- tions. ‘‘(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 re- port to Congress as to whether there exists a safety need to apply the motor vehicle safety standard re- quired by subsection (a) to conventional motor vehi- cles. In the event that the Secretary determines there exists a safety need, the Secretary shall initiate rule- making under section 30111 of title 49, United States Code, to extend the standard to conventional motor ve- hicles. ‘‘SEC. 4. FUNDING. ‘‘Notwithstanding any other provision of law, $2,000,000 of any amounts made available to the Sec- Page 762 TITLE 49—TRANSPORTATION § 30111 retary of Transportation under under [sic] section 406 of title 23, United States Code, shall be made available to the Administrator of the National Highway Trans- portation Safety Administration for carrying out sec- tion 3 of this Act.’’ CHILD SAFETY STANDARDS FOR MOTOR VEHICLES Pub. L. 110–189, Feb. 28, 2008, 122 Stat. 639, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Cameron Gulbransen Kids Transportation Safety Act of 2007’ or the ‘K.T. Safety Act of 2007’. ‘‘SEC. 2. RULEMAKING REGARDING CHILD SAFETY. ‘‘(a) POWER WINDOW SAFETY.— ‘‘(1) CONSIDERATION OF RULE.—Not later than 18 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary of Transportation (re- ferred to in this Act as the ‘Secretary’) shall initiate a rulemaking to consider prescribing or amending Federal motor vehicle safety standards to require power windows and panels on motor vehicles to auto- matically reverse direction when such power windows and panels detect an obstruction to prevent children and others from being trapped, injured, or killed. ‘‘(2) DEADLINE FOR DECISION.—If the Secretary de- termines such safety standards are reasonable, prac- ticable, and appropriate, the Secretary shall pre- scribe, under section 30111 of title 49, United States Code, the safety standards described in paragraph (1) not later than 30 months after the date of enactment of this Act. If the Secretary determines that no addi- tional safety standards are reasonable, practicable, and appropriate, the Secretary shall— ‘‘(A) not later than 30 months after the date of en- actment of this Act, transmit a report to the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describ- ing the reasons such standards were not prescribed; and ‘‘(B) publish and otherwise make available to the public through the Internet and other means (such as the ‘Buying a Safer Car’ brochure) information regarding which vehicles are or are not equipped with power windows and panels that automatically reverse direction when an obstruction is detected. ‘‘(b) REARWARD VISIBILITY.—Not later than 12 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary shall initiate a rulemaking to re- vise Federal Motor Vehicle Safety Standard 111 (FMVSS 111) to expand the required field of view to en- able the driver of a motor vehicle to detect areas be- hind the motor vehicle to reduce death and injury re- sulting from backing incidents, particularly incidents involving small children and disabled persons. The Sec- retary may prescribe different requirements for dif- ferent types of motor vehicles to expand the required field of view to enable the driver of a motor vehicle to detect areas behind the motor vehicle to reduce death and injury resulting from backing incidents, particu- larly incidents involving small children and disabled persons. Such standard may be met by the provision of additional mirrors, sensors, cameras, or other tech- nology to expand the driver’s field of view. The Sec- retary shall prescribe final standards pursuant to this subsection not later than 36 months after the date of enactment of this Act. ‘‘(c) PHASE-IN PERIOD.— ‘‘(1) PHASE-IN PERIOD REQUIRED.—The safety stand- ards prescribed pursuant to subsections (a) and (b) shall establish a phase-in period for compliance, as determined by the Secretary, and require full compli- ance with the safety standards not later than 48 months after the date on which the final rule is issued. ‘‘(2) PHASE-IN PRIORITIES.—In establishing the phase-in period of the rearward visibility safety standards required under subsection (b), the Sec- retary shall consider whether to require the phase-in according to different types of motor vehicles based on data demonstrating the frequency by which var- ious types of motor vehicles have been involved in backing incidents resulting in injury or death. If the Secretary determines that any type of motor vehicle should be given priority, the Secretary shall issue regulations that specify— ‘‘(A) which type or types of motor vehicles shall be phased-in first; and ‘‘(B) the percentages by which such motor vehi- cles shall be phased-in. ‘‘(d) PREVENTING MOTOR VEHICLES FROM ROLLING AWAY.— ‘‘(1) REQUIREMENT.—Each motor vehicle with an automatic transmission that includes a ‘park’ posi- tion manufactured for sale after September 1, 2010, shall be equipped with a system that requires the service brake to be depressed before the transmission can be shifted out of ‘park’. This system shall func- tion in any starting system key position in which the transmission can be shifted out of ‘park’. ‘‘(2) TREATMENT AS MOTOR VEHICLE SAFETY STAND- ARD.—A violation of paragraph (1) shall be treated as a violation of a motor vehicle safety standard pre- scribed under section 30111 of title 49, United States Code, and shall be subject to enforcement by the Sec- retary under chapter 301 of such title. ‘‘(3) PUBLICATION OF NONCOMPLIANT VEHICLES.— ‘‘(A) INFORMATION SUBMISSION.—Not later than 60 days after the date of the enactment of this Act [Feb. 28, 2008], for the current model year and annu- ally thereafter through 2010, each motor vehicle manufacturer shall transmit to the Secretary the make and model of motor vehicles with automatic transmissions that include a ‘park’ position that do not comply with the requirements of paragraph (1). ‘‘(B) PUBLICATION.—Not later than 30 days after receiving the information submitted under subpara- graph (A), the Secretary shall publish and other- wise make available to the public through the Internet and other means the make and model of the applicable motor vehicles that do not comply with the requirements of paragraph (1). Any motor vehicle not included in the publication under this subparagraph shall be presumed to comply with such requirements. ‘‘(e) DEFINITION OF MOTOR VEHICLE.—As used in this Act and for purposes of the motor vehicle safety stand- ards described in subsections (a) and (b), the term ‘motor vehicle’ has the meaning given such term in sec- tion 30102(a)(6) [now 30102(a)(7)] of title 49, United States Code, except that such term shall not include— ‘‘(1) a motorcycle or trailer (as such terms are de- fined in section 571.3 of title 49, Code of Federal Regu- lations); or ‘‘(2) any motor vehicle that is rated at more than 10,000 pounds gross vehicular weight. ‘‘(f) DATABASE ON INJURIES AND DEATHS IN NON- TRAFFIC, NONCRASH EVENTS.— ‘‘(1) IN GENERAL.—Not later than 12 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary shall establish and maintain a database of injuries and deaths in nontraffic, noncrash events involving motor vehicles. ‘‘(2) CONTENTS.—The database established pursuant to paragraph (1) shall include information regard- ing— ‘‘(A) the number, types, and causes of injuries and deaths resulting from the events described in para- graph (1); ‘‘(B) the make, model, and model year of motor vehicles involved in such events, when practicable; and ‘‘(C) other variables that the Secretary deter- mines will enhance the value of the database. ‘‘(3) AVAILABILITY.—The Secretary shall make the information contained in the database established pursuant to paragraph (1) available to the public through the Internet and other means. Page 763 TITLE 49—TRANSPORTATION § 30112 ‘‘SEC. 3. CHILD SAFETY INFORMATION PROGRAM. ‘‘(a) IN GENERAL.—Not later than 9 months after the date of the enactment of this Act [Feb. 28, 2008], the Secretary shall provide information about hazards to children in nontraffic, noncrash incident situations by— ‘‘(1) supplementing an existing consumer informa- tion program relating to child safety; or ‘‘(2) creating a new consumer information program relating to child safety. ‘‘(b) PROGRAM REQUIREMENTS.—In carrying out the program under subsection (a), the Secretary shall— ‘‘(1) utilize information collected pursuant to sec- tion 2(f) regarding nontraffic, noncrash injuries, and other relevant data the Secretary considers appro- priate, to establish priorities for the program; ‘‘(2) address ways in which parents and caregivers can reduce risks to small children arising from back over incidents, hyperthermia in closed motor vehi- cles, accidental actuation of power windows, and any other risks the Secretary determines should be ad- dressed; and ‘‘(3) make information related to the program available to the public through the Internet and other means. ‘‘SEC. 4. DEADLINES. ‘‘If the Secretary determines that the deadlines ap- plicable under this Act cannot be met, the Secretary shall— ‘‘(1) establish new deadlines; and ‘‘(2) notify the Committee on Energy and Com- merce of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate of the new deadlines and describing the reasons the deadlines specified under this Act could not be met.’’ IMPROVING CRITERIA USED IN A RECALL Pub. L. 106–414, § 15, Nov. 1, 2000, 114 Stat. 1808, pro- vided that: ‘‘(a) REVIEW OF STANDARDS AND CRITERIA USED IN OPENING A DEFECT OR NONCOMPLIANCE INVESTIGATION.— The Secretary shall, not later than 30 days after the date of the enactment of this Act [Nov. 1, 2000], under- take a comprehensive review of all standards, criteria, procedures, and methods, including data management and analysis used by the National Highway Traffic Safety Administration in determining whether to open a defect or noncompliance investigation pursuant to subchapter II or IV of chapter 301 of title 49, United States Code, and shall undertake such steps as may be necessary to update and improve such standards, cri- teria, procedures, or methods, including data manage- ment and analysis. ‘‘(b) REPORT TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act [Nov. 1, 2000], the Secretary shall transmit to the Committee on Commerce [now Committee on Energy and Commerce] of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Secretary’s findings and actions under subsection (a).’’ § 30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment (a) GENERAL.—(1) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a person may not manufacture for sale, sell, offer for sale, intro- duce or deliver for introduction in interstate commerce, or import into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is covered by a certification issued under section 30115 of this title. (2) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a school or school system may not purchase or lease a new 15-passenger van if it will be used significantly by, or on behalf of, the school or school system to transport preprimary, primary, or secondary school stu- dents to or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed for school buses and multifunction school activity buses under this title. This paragraph does not apply to the purchase or lease of a 15-passenger van under a contract executed before the date of enactment of this paragraph. (3) Except as provided in this section, section 30114, subsections (i) and (j) of section 30120, and subchapter III, a person may not sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import into the United States any motor vehicle or motor vehicle equipment if the vehicle or equipment contains a defect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b). Noth- ing in this paragraph may be construed to pro- hibit the importation of a new motor vehicle that receives a required recall remedy before being sold to a consumer in the United States. (b) NONAPPLICATION.—This section does not apply to— (1) the sale, offer for sale, or introduction or delivery for introduction in interstate com- merce of a motor vehicle or motor vehicle equipment after the first purchase of the vehi- cle or equipment in good faith other than for resale; (2) a person— (A) establishing that the person had no reason to know, despite exercising reason- able care, that a motor vehicle or motor ve- hicle equipment does not comply with appli- cable motor vehicle safety standards pre- scribed under this chapter; (B) holding, without knowing about the noncompliance and before the vehicle or equipment is first purchased in good faith other than for resale, a certificate issued by a manufacturer or importer stating the vehi- cle or equipment complies with applicable standards prescribed under this chapter; or (C) having no reason to know, despite exer- cising reasonable care, that a motor vehicle or motor vehicle equipment contains a de- fect related to motor vehicle safety about which notice was given under section 30118(c) or an order was issued under section 30118(b); (3) a motor vehicle or motor vehicle equip- ment intended only for export, labeled for ex- port on the vehicle or equipment and on the outside of any container of the vehicle or equipment, and exported; (4) a motor vehicle the Secretary of Trans- portation decides under section 30141 of this title is capable of complying with applicable standards prescribed under this chapter; (5) a motor vehicle imported for personal use by an individual who receives an exemption under section 30142 of this title;