,,ii #aaeth ,,congress #ast ,session ,s4 #bbai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ab1 #bjag ,mrs4 ,gillibrand 7for herself1 ,mr4 ,rubio1 and ,mr4 ,nelson7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reduce the number of preventable deaths and injuries caused by underride crashes1 to improve motor carrier and passenger motor vehicle safety1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,underrides ,act of #bjag4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,underride crashes involving passenger motor vehicles striking and traveling underneath a truck or trailer are a significant public health and safety threat4 7#b7 ,the ,national ,highway ,traffic ,safety ,administration has reported that hundreds of preventable fatalities and life-threatening injuries have occurred as a result of underride crashes4 7#c7 ,the ,national ,transportation ,safety ,board has recommended the installation of rear1 side1 and front underride guards on tractor-trailers to improve passenger motor vehicle safety4 7#d7 ,this bill is introduced in the memory of the thousands of victims of underride crashes1 including-- 7,a7 ,roya ,christine ,sadigh1 ,anna,leah ,karth1 ,mary ,lydia ,karth1 ,roderick ,cota1 ,moonjohn ,kim1 ,corey ,moore1 ,gregg ,williams1 ,guy ,champ ,crawford1 ,carl ,hall1 ,michael ,higginbotham1 ,sandra ,maddamma1 ,david ,mathis1 ,mary ,katherine ,mathis1 ,james ,mooney1 ,christopher ,weigl1 ,bill ,zink1 ,david ,magnan1 ,jasen ,swift1 ,samuel ,sierra1 ,brittany ,mc,hargue1 ,christopher ,samuel ,padilla1 and ,edward ,hall2 7,b7 those whose catastrophic injuries dramatically changed their lives1 including ,julie ,magnan1 ,nancy ,meuleners1 ,joshua ,rojas1 ,maiv ,yang1 and ,anita ,plantage ,bomgaars2 and 7,c7 those whose precious lives were cut far too short as a result of preventable underride crashes4 7b7 ,purpose ,the purpose of this ,act is-- 7#a7 to reduce the number of preventable deaths and injuries caused by underride crashes2 and 7#b7 to improve motor carrier and passenger motor vehicle safety4 #c4 ,definitions ,section #cjajb7;a7 of title #di is amended-- 7#a7 by redesignating paragraphs 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ad71 7#ai71 and 7#ba71 respectively2 7#b7 by inserting after paragraph 7#d7 the following3 7#e7 front underride guard means a device installed on or near the front of a motor vehicle that limits the distance that a vehicle struck in the rear by the vehicle with the device will slide under the front of the striking vehicle4 2 7#c7 by inserting after paragraph 7#aa71 as redesignated1 the following3 7#ab7 passenger motor vehicle has the meaning given that term in section #cbaja4 7#ac7 rear underride guard means a device installed on or near the rear of a motor vehicle that limits the distance that the front end of a vehicle striking the rear of the vehicle with the device will slide under the rear of the impacted vehicle4 2 7#d7 by inserting after paragraph 7#ad71 as redesignated1 the following3 7#ae7 ,secretary means the ,secretary of ,transportation4 7#af7 semi-trailer means a trailer1 other than a pole trailer1 which is designed to rest upon1 or be carried by1 a motor vehicle4 7#ag7 side underride guard means a device installed on or near the side of a motor vehicle that limits the distance that the front end of a vehicle striking the side of the vehicle with the device will slide under the side of the impacted vehicle4 7#ah7 single unit truck means a truck with a gross vehicle weight rating greater than #aj1jjj pounds 7excluding any attached trailer74 2 and 7#e7 by inserting after paragraph 7#ai71 as redesignated1 the following3 7#bj7 trailer means a vehicle1 with or without motive power1 which is designed-- 7,a7 to carry persons or property2 and 7,b7 to be drawn by a motor vehicle4 4 #d4 ,underride guard rulemaking 7a7 ,in general ,subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjabi4 ,underride guards 7a7 ,rear underride guards 7#a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,secretary shall issue a final rule to require the installation of rear underride guards that meet the performance standards described in paragraph 7#b7 on all trailers1 semi-trailers1 and single unit trucks with a gross vehicle weight rating of more than #aj1jjj pounds that are manufactured on or after the effective date of the rule4 7#b7 ,performance standards ,a rear underride guard shall be considered to meet the performance standard referred to in paragraph 7#a7 if a passenger motor vehicle traveling at #ce miles per hour is prevented1 as verified through crash testing while attached to a trailer1 from moving underneath the rear of a trailer1 semi-trailer1 or single unit truck on which the rear underride guard has been installed after-- 7,a7 an impact in which the passenger vehicle impacts the center of the rear of the trailer1 semi-trailer1 or single unit truck2 7,b7 an impact in which #ej percent the width of the passenger vehicle overlaps the rear of the trailer1 semi-trailer1 or single unit truck2 and 7,c7 an impact in which #cj percent of the width of the passenger vehicle overlaps the rear of the trailer1 semi-trailer1 or single unit truck4 7#c7 ,retrofit requirements ,not later than #b years after the date of the enactment of this section1 the ,secretary shall issue a final rule requiring the installation of rear underride guards described in paragraph 7#a7 on all trailers1 semi-trailers1 and single unit trucks with a gross vehicle weight rating of more than #aj1jjj pounds that are manufactured before the effective date of the rule required by paragraph 7#a74 7#d7 ,compliance dates 7,a7 ,in general ,except as provided in subparagraph 7,b71 compliance with each of the rules issued by the ,secretary under paragraphs 7#a7 and 7#c7 shall be required beginning #a year after the date on which the final rule is published in the ,federal ,register4 7,b7 ,phase-in ,the ,secretary may permit a phase-in period 7not to exceed #b years7 for the installation of rear underride guards on trailers1 semi-trailers1 and single unit trucks described in paragraph 7#c74 7b7 ,side underride guards 7#a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,secretary shall issue a final rule requiring the installation of side underride guards that meet the performance standards described in paragraph 7#c7 on all trailers1 semi-trailers1 and single unit trucks with a gross vehicle rating of more than #aj1jjj pounds manufactured on or after the effective date of the rule4 7#b7 ,retrofit requirements ,not later than #b years after the date of the enactment of this section1 the ,secretary shall issue a final rule requiring all trailers1 semi-trailers1 and single unit trucks with a gross vehicle rating of more than #aj1jjj pounds manufactured before the effective date of the rule required by paragraph 7#a7 to be equipped with side underride guards that meet the performance standards described in paragraph 7#c74 7#c7 ,performance standards ,a side underride guard meets the performance standards described in this paragraph if the side underride guard is able to prevent intrusion from the body or frame of a vehicle described in paragraph 7#a7 into the passenger compartment of a passenger motor vehicle that contacts the guard while traveling #ce miles per hour at any angle between #aj degrees and #ij degrees4 7#d7 ,compliance dates 7,a7 ,in general ,except as provided in subparagraph 7,b71 compliance with each of the rules issued by the ,secretary under paragraphs 7#a7 and 7#b7 shall be required beginning on the date that is #a year after the respective issuance date of each such rule4 7,b7 ,phase-in ,the ,secretary may permit a phase-in period1 not to exceed #c years1 pursuant to paragraph 7#b7 for the installation of side underride guards on trailers and semi-trailers described in that paragraph4 7c7 ,front underride guards 7#a7 ,rule required ,not later than #b years after the date of the enactment of this section1 the ,secretary shall issue a final rule requiring all commercial motor vehicles with a gross vehicle weight rating of more than #aj1jjj pounds manufactured on or after the effective date of the rule to be equipped with front underride guards4 7#b7 ,report ,not later than #a year after the date of enactment of this section1 the ,secretary shall-- 7,a7 complete research on equipping commercial motor vehicles with a gross weight rating of more than #aj1jjj pounds with a front underride guard to prevent trucks from overriding the passenger vehicle2 and 7,b7 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure and ,energy and ,commerce of the ,house of ,representatives a report on the research described in subparagraph 7,a74 7#c7 ,retrofit requirements ,not later than #c years after the date of the enactment of this section1 the ,secretary shall issue a rule requiring all commercial motor vehicles with a gross vehicle weight rating of more than #aj1jjj pounds to be equipped with a front underride guard4 7#d7 ,compliance dates 7,a7 ,in general ,except as provided in subparagraph 7,b71 compliance with each of the rules issued by the ,secretary under paragraphs 7#a7 and 7#c7 shall be required beginning on the date that is #a year after the respective issuance date of each such rule4 7,b7 ,phase-in ,the ,secretary may permit a phase-in period 7not to exceed #c years7 pursuant to paragraph 7#c7 for the installation of front underride guards on commercial motor vehicles4 7d7 ,maintenance requirements 7#a7 ,revised standard 7,a7 ,in general ,the ,secretary shall require that the underride guard required under this section be maintained in safe and proper operating condition to maximize its effectiveness in saving lives4 7,b7 ,periodic inspections ,the ,secretary shall require periodic inspections of the comprehensive underride protection system in trailers1 semi-trailers1 and single unit trucks to ensure that the guards are in safe and proper operating condition1 including identification of any rust1 corrosion1 cracked welds1 cracked or fractured vertical members1 cuts1 or tears in any underride guard to ensure the integrity of the guard4 7,c7 ,effect of inspection results 7i7 ,passing ,in carrying out subparagraph 7,b71 the ,secretary shall-- 7,i7 authorize motor vehicles that pass the inspection described in subparagraph 7,b7 to display a ,commercial ,vehicle ,safety ,alliance ,inspection ,decal1 which shall be valid for #c months2 and 7,,ii7 permit the reinspection of motor vehicles4 7ii7 ,not passing ,the ,secretary shall-- 7,i7 require that any motor vehicle that does not pass the inspection described in subparagraph 7,b7 be issued an ,out of ,service violation and bear an ,out of ,service ,vehicle sticker2 and 7,,ii7 require the vehicle owner or lessor-- 7aa7 to pay a fine2 and 7bb7 to repair or replace equipment1 as necessary1 so that the comprehensive underride protection system is in safe and proper operating condition at all times before a driver may operate the vehicle4 7#b7 ,inspections and repairs 7,a7 ,post-accident inspections ,to ensure that underride guards are maintained in safe and proper operating condition at all times1 the ,secretary shall require-- 7i7 the inspection of underride guards immediately following a crash that impacts an underride guard2 and 7ii7 the owner or lessor of the vehicle involved in such crash to inspect and repair or replace the underride guard so that it is in safe and proper operating condition at all times before the vehicle is allowed to be driven4 7,b7 ,pre-trip inspections ,the ,secretary shall require drivers-- 7i7 to conduct a pre-trip inspection of the comprehensive underride protection system of their trailer1 semi-trailer1 or single unit truck to identify any rust1 corrosion1 cracked welds1 cracked or fractured vertical members1 cuts and tears in any underride guard1 and to ensure the dimensional integrity of such guards2 7ii7 to include the results of the inspection described in clause 7i7 in the driver vehicle inspection report2 and 7iii7 to complete any necessary repairs to1 or replacement of1 the underride protection system before the vehicle is operated4 4 7b7 ,clerical amendment ,the chapter analysis for chapter #cja of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #cjabh and inserting the following3 #cjabh4 ,vehicle rollover prevention and crash mitigation4#cjabi4 ,underride guards4 4 7c7 ,rulemakings ,the ,secretary shall amend-- 7#a7 section #cif4ag of title #di1 ,code of ,federal ,regulations1 and appendix ,g to subchapter ,b of chapter ,,iii of that title1 in accordance with section #cjabi7;d77#a77;,b7 of title #di1 ,united ,states ,code 7as added by subsection 7a772 7#b7 section #cih4h of title #di1 ,code of ,federal ,regulations1 by revising ,form ,,mcs #fd in accordance with section #cjabi7;d77#a77;,c77ii7 of title #di1 ,united ,states ,code 7as added by subsection 7a772 7#c7 section #cif4aa of title #di1 ,code of ,federal ,regulations1 in accordance with section #cjabi7;d77#b77;,b7 of title #di1 ,united ,states ,code 7as added by subsection 7a772 and 7#d7 appendix ,g to subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations-- 7,a7 by redesignating paragraphs #f through #ad as paragraphs #g through #ae1 respectively2 and 7,b7 by inserting after paragraph #e the following3 7#f7 ,rear impact guards and rear end protection ,any trailer or semitrailer required under section #cic4hf to be equipped with a rear impact guard or rear end protection-- 7,a7 that does not meet the requirements under section #cic4hf2 7,b7 that is missing or has rust1 corrosion1 cracked welds1 cracked or fractured vertical members1 or cuts or tears in any underride guard component2 or 7,c7 for which the dimensional integrity of the guard or protection is compromised4 4 #e4 ,research and periodic review of underride guard standards 7a7 ,request for ,proposals ,as soon as practicable1 the ,secretary of ,transportation shall issue a ,request for ,proposals for the design of #b high capacity rear underride barrier prototypes of a generic guard 7with energy absorption and without energy absorption7 to prevent underride crashes and protect motor vehicle passengers against severe injury at crash speeds of up to #fe miles per hour4 7b7 ,evaluation ,the ,secretary shall-- 7#a7 evaluate the proposals received in response to the ,request for ,proposals issued pursuant to subsection 7a72 and 7#b7 update the underride guard standards under section #cjabi of title #di1 ,united ,states ,code1 as appropriate1 to provide the best underride protection that is technologically feasible4 7c7 ,periodic reviews 7#a7 ,in general ,not later than #e years after the underride guard standards are updated pursuant to subsection 7b77#b71 and every #e years thereafter1 the ,secretary shall-- 7,a7 conduct a review of underride guard standards to evaluate the need for changes in response to advancements in technology2 and 7,b7 update such standards accordingly4 7#b7 ,report ,after each review conducted under this section1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure and ,energy and ,commerce of the ,house of ,representatives a report on the results of the review4 #f4 ,committee on ,underride ,protection 7a7 ,establishment ,the ,secretary of ,transportation shall establish the ,committee on ,underride ,protection 7referred to in this section as the ,committee7 to oversee the ongoing underride rulemaking process4 7b7 ,representation ,the ,committee shall be composed of-- 7#a7 truck and trailer manufacturers2 7#b7 motor vehicle engineers1 including technicians who work on motor vehicle safety improvements2 7#c7 motor vehicle crash reconstructionists2 7#d7 traffic safety organizations2 7#e7 public health or injury prevention professionals2 and 7#f7 at least #b people whose families have been impacted by an underride crash4 7c7 ,meetings ,the ,committee shall meet-- 7#a7 until the final rules have been issued pursuant to section #cjabi of title #di1 ,united ,states ,code1 as added by section #d-- 7,a7 monthly1 via conference call2 and 7,b7 quarterly1 in person1 at the ,department of ,transportation headquarters2 and 7#b7 subsequent to the issuance of the final rules described in paragraph 7#a71 annually1 at the ,department of ,transportation headquarters1 to assess the status of underride crash protection4 7d7 ,annual report ,the ,committee shall submit an annual report to the appropriate congressional committees that describes the progress made by the ,secretary of ,transportation in meeting the rulemaking deadlines set forth in section #cjabi of title #di1 ,united ,states ,code1 as added by section #d4 #g4 ,publication of victims of truck underride crashes ,the ,secretary of ,transportation shall-- 7#a7 publish data on victims of truck underride crashes on a publicly accessible website2 and 7#b7 update the data described in paragraph 7#a7 not less frequently than quarterly4