,,ii #aafth ,,congress #ast ,session ,s4 #ffe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjai,mrs4 ,gillibrand 7for herself1 ,mr4 ,rubio1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,ms4 ,duckworth1 ,mr4 ,peters1 ,mr4 ,wyden1 ,mr4 ,udall1 and ,mrs4 ,feinstein7 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 ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 underride crashes involving passenger motor vehicles striking and traveling underneath a truck or trailer are a significant public health and safety threat2 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 crashes2 7#c7 the ,national ,transportation ,safety ,board has recommended the installation of rear1 side1 and front underride guards on tractor-trailers and rear and side underride guards on single unit trucks to improve passenger motor vehicle safety2 and 7#d7 this ,act 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 ,riley ,hein1 ,erin ,alexander1 ,jordan ,hensley1 and ,edward ,hall2 7,b7 those whose catastrophic injuries dramatically changed their lives1 including ,julie ,magnan1 ,nancy ,meuleners1 ,joshua ,rojas1 ,maiv ,yang1 ,anita ,plantage ,bomgaars1 and ,michael ,b4 ,hawkins2 and 7,c7 those whose precious lives were cut far too short as a result of preventable underride crashes4 7b7 ,purposes ,the purposes of this ,act are-- 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 #di1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking chapter-- and inserting chapter32 7#b7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 and 7#ac7 as paragraphs 7#b71 7#c71 7#d71 7#e71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ae71 7#bj71 and 7#bb71 respectively2 7#c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 comprehensive underride protection system means all of the front underride guards1 rear underride guards1 or side underride guards1 as applicable1 installed on a motor vehicle4 2 7#d7 by inserting after paragraph 7#e7 7as so redesignated7 the following3 7#f7 front underride guard means a device installed on or near the front of a motor vehicle that prevents or limits the distance that a vehicle struck by the vehicle with the device will slide under the front of the striking vehicle4 2 7#e7 by inserting after paragraph 7#ab7 7as so redesignated7 the following3 7#ac7 passenger motor vehicle has the meaning given that term in section #cbaja4 7#ad7 rear underride guard means a device installed on or near the rear of a motor vehicle that prevents or 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#f7 by inserting after paragraph 7#ae7 7as so redesignated7 the following3 7#af7 ,secretary means the ,secretary of ,transportation4 7#ag7 semi-trailer means a trailer1 other than a pole trailer1 which is designed to rest upon1 or be carried by1 a motor vehicle4 7#ah7 side underride guard means a device installed on or near the side of a motor vehicle that prevents or 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#ai7 single unit truck means a truck 7excluding any attached trailer74 2 7#g7 by inserting after paragraph 7#bj7 7as so redesignated7 the following3 7#ba7 trailer means a vehicle1 with or without motive power1 that is designed-- 7,a7 to carry persons or property2 and 7,b7 to be drawn by a motor vehicle4 2 and 7#h7 by inserting ,the term after the paragraph designation in each of paragraphs 7#a7 through 7#bb7 7as so redesignated74 #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 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#c7 on-- 7,a7 any trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured on or after the effective date of the rule2 7,b7 any semi-trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured on or after the effective date of the rule2 and 7,c7 any single unit truck-- 7i7 the bottom of the carriage of which is greater than #bb inches above the ground2 7ii7 with a gross vehicle weight rating of #aj1jjj pounds or more2 and 7iii7 that is manufactured on or after the effective date of the rule4 7#b7 ,retro-fit requirements ,not later than #b years after the date of enactment of this section1 the ,secretary shall issue a final rule requiring the installation of rear underride guards that meet the performance standards described in paragraph 7#c7 on-- 7,a7 any trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured before the effective date of the rule under paragraph 7#a72 7,b7 any semi-trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured before the effective date of the rule under paragraph 7#a72 and 7,c7 any single unit truck-- 7i7 the bottom of the carriage of which is greater than #bb inches above the ground2 7ii7 with a gross vehicle weight rating of #aj1jjj pounds or more2 and 7iii7 that is manufactured before the effective date of the rule under paragraph 7#a74 7#c7 ,performance standards ,a rear underride guard shall be considered to meet the performance standard referred to in paragraphs 7#a7 and 7#b7 if the rear underride guard is able to prevent intrusion from the body or frame of a vehicle described in paragraph 7#a7 or 7#b71 as applicable1 into the passenger compartment of a passenger motor vehicle that contacts the guard while traveling at #ce miles per hour1 as verified through crash testing while attached to a trailer1 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 of 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#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 #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#b74 7b7 ,side underride guards 7#a7 ,in general ,not later than #a year after the date of 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-- 7,a7 any trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured on or after the effective date of the rule2 7,b7 any semi-trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured on or after the effective date of the rule2 and 7,c7 any single unit truck-- 7i7 the bottom of the carriage of which is greater than #bb inches above the ground2 7ii7 with a gross vehicle weight rating of #aj1jjj pounds or more2 and 7iii7 that is manufactured on or after the effective date of the rule4 7#b7 ,retro-fit requirements ,not later than #b years after the date of 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-- 7,a7 any trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured before the effective date of the rule required by paragraph 7#a72 7,b7 any semi-trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured before the effective date of the rule required by paragraph 7#a72 and 7,c7 any single unit truck-- 7i7 the bottom of the carriage of which is greater than #bb inches above the ground2 7ii7 with a gross vehicle weight rating of #aj1jjj pounds or more2 and 7iii7 that is manufactured before the effective date of the rule required by paragraph 7#a74 7#c7 ,performance standards ,a side underride guard shall be considered to meet the performance standards referred to in paragraphs 7#a7 and 7#b7 if the side underride guard is able to prevent intrusion from the body or frame of a vehicle described in paragraph 7#a7 or 7#b71 as applicable1 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 rule4 7,b7 ,phase-in ,the ,secretary may permit a phase-in period1 not to exceed #c years1 for the installation of side underride guards on trailers1 semi-trailers1 and single unit trucks described in paragraph 7#b74 7c7 ,front underride guards 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,secretary shall issue a final rule requiring the installation of front underride guards on-- 7,a7 any trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured on or after the effective date of the rule2 7,b7 any semi-trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured on or after the effective date of the rule2 and 7,c7 any single unit truck-- 7i7 the bottom of the carriage of which is greater than #bb inches above the ground2 7ii7 with a gross vehicle weight rating of #aj1jjj pounds or more2 and 7iii7 that is manufactured on or after the effective date of the rule4 7#b7 ,retrofit requirements ,not later than #c years after the date of enactment of this section1 the ,secretary shall issue a rule requiring the installation of front underride guards on-- 7,a7 any trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured before the effective date of the rule under paragraph 7#a72 7,b7 any semi-trailer with a gross vehicle weight rating of #aj1jjj pounds or more that is manufactured before the effective date of the rule under paragraph 7#a72 and 7,c7 any single unit truck-- 7i7 the bottom of the carriage of which is greater than #bb inches above the ground2 7ii7 with a gross vehicle weight rating of #aj1jjj pounds or more2 and 7iii7 that is manufactured before the effective date of the rule under paragraph 7#a74 7#c7 ,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 rule4 7,b7 ,phase-in ,the ,secretary may permit a phase-in period 7not to exceed #c years7 for the installation of front underride guards on vehicles described in paragraph 7#b74 7#d7 ,report ,not later than #a year after the date of enactment of this section1 the ,secretary shall-- 7,a7 complete research on equipping the vehicles described in paragraphs 7#a7 and 7#b7 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 7d7 ,inspection and repair requirements 7#a7 ,post-accident inspections ,to ensure that all trailers1 semi-trailers1 and single unit trucks are maintained in safe and proper operating condition at all times1 the ,secretary shall require that any trailer1 semi-trailer1 or single unit truck involved in an accident 7as defined in section #cij4e of title #di1 ,code of ,federal ,regulations 7or a successor regulation77 undergo and pass an inspection described in appendix ,g to subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations 7or successor regulations71 to certify that all components of the trailer1 semi-trailer1 or single unit truck1 as applicable1 are in safe and proper operating condition4 7#b7 ,pre-trip inspections ,the ,secretary shall require drivers-- 7,a7 to conduct a pre-trip inspection of the comprehensive underride protection system required under this section on their trailer1 semi-trailer1 or single unit truck-- 7i7 to identify-- 7,i7 any metal perforated by rust or corrosion that compromises structural integrity2 7,,ii7 cracked welds2 7,,iii7 cracked or fractured vertical members2 7,,iv7 cuts and tears in any underride guard2 and 7,v7 missing fasteners and loose fasteners2 and 7ii7 to ensure the dimensional integrity of those guards2 7,b7 to include the results of the inspection described in subparagraph 7,a7 in the driver vehicle inspection report2 and 7,c7 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 of ,transportation shall amend-- 7#a7 sections #cif4aa and #cif4ac of title #di1 ,code of ,federal ,regulations1 in accordance with section #cjabi7;d77#b7 of title #di1 ,united ,states ,code 7as added by subsection 7a772 7#b7 section #cif4ag of title #di1 ,code of ,federal ,regulations1 to include a requirement that motor carriers and intermodal equipment providers include an inspection of the comprehensive underride protection system 7as defined in section #cjajb7;a7 of title #di1 ,united ,states ,code7 of the commercial motor vehicle in a periodic inspection required under section #cif4ag of title #di1 ,code of ,federal ,regulations2 7#c7 section #cib4g of title #di1 ,code of ,federal ,regulations1 to include the comprehensive underride protection system 7as defined in section #cjajb7;a7 of title #di1 ,united ,states ,code7 in the list of parts and accessories and components required to be in good working order under each of subsections 7a7 and 7b7 of section #cib4g of title #di1 ,code of ,federal ,regulations2 and 7#d7 appendix ,g to subchapter ,b of chapter ,,iii of title #di1 ,code of ,federal ,regulations-- 7,a7 by redesignating paragraphs #f 7relating to safe loading7 through #ad 7relating to motorcoach seats7 as paragraphs #g through #ae1 respectively2 and 7,b7 by inserting after paragraph #e 7relating to lighting devices7 the following3 #f4 ,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-- 7i7 is missing2 or 7ii7 has-- 7,i7 any metal perforated by rust or corrosion that compromises structural integrity2 7,,ii7 a cracked weld2 7,,iii7 a cracked or fractured vertical member2 7,,iv7 a cut or tear in any underride guard component2 or 7,v7 a missing fastener or a loose fastener2 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 ,code 7as added by section #d7;a771 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 the 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 #a representative of truck manufacturers2 7#b7 #a representative of trailer manufacturers2 7#c7 #a roadside inspector2 7#d7 #a motor vehicle engineer1 who shall be a technician who works on motor vehicle safety improvements2 7#e7 #a motor vehicle crash reconstructionist2 7#f7 #b representatives of consumer-oriented traffic safety organizations2 7#g7 #a representative of the truck and auto insurance industry2 7#h7 #a law enforcement crash investigator2 7#i7 #a emergency medical service provider2 7#aj7 #a public health or injury prevention professional2 and 7#aa7 at least #d 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 ,code 7as added by section #d7;a77-- 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 ,code 7as added by section #d7;a774 #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