[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2496 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2496
To direct the Administrator of the National Highway Traffic Safety
Administration and the Administrator of the Federal Highway
Administration to implement certain recommendations of the National
Transportation Safety Board relating to pedestrian safety, bicyclist
safety, and speeding-related crashes involving passenger vehicles, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2021
Mr. Schatz (for himself and Mr. Casey) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To direct the Administrator of the National Highway Traffic Safety
Administration and the Administrator of the Federal Highway
Administration to implement certain recommendations of the National
Transportation Safety Board relating to pedestrian safety, bicyclist
safety, and speeding-related crashes involving passenger vehicles, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vulnerable Road Users Safety Act''.
SEC. 2. DEFINITION OF MICROMOBILITY VEHICLE.
(a) In General.--In this Act, the term ``micromobility vehicle''
means a vehicle that--
(1) weighs not more than 150 pounds; and
(2) is designed primarily--
(A) for human transport; and
(B) to be used--
(i) on paved roadways; or
(ii) if the vehicle weighs 100 pounds or
less, on paths.
(b) Exclusion.--In this Act, the term ``micromobility vehicle''
does not include a manned or unmanned passenger vehicle.
SEC. 3. PEDESTRIAN SAFETY.
(a) Pedestrian Safety Measures.--
(1) Purpose.--The purpose of this subsection is to direct
the Administrator of the National Highway Traffic Safety
Administration and the Administrator of the Federal Highway
Administration to implement certain recommendations in the
Special Investigation Report of the National Transportation
Safety Board on pedestrian safety, adopted on September 25,
2018.
(2) Definition of automated pedestrian safety system.--In
this subsection, the term ``automated pedestrian safety
system'' means a vehicle-based pedestrian- and bicyclist-
detection system that alerts drivers of potential vehicle-
pedestrian or vehicle-cyclist crashes and applies automatic
emergency braking to prevent such crashes.
(3) NHTSA.--The Secretary of Transportation, acting through
the Administrator of the National Highway Traffic Safety
Administration, shall--
(A) not later than 2 years after the date of
enactment of this Act--
(i) revise section 571.108 of title 49,
Code of Federal Regulations (relating to
Federal Motor Vehicle Safety Standard Number
108) (or successor regulations)--
(I) to include performance-based
standards for vehicle headlamp
systems--
(aa) to ensure that
headlamps are correctly aimed
on the road; and
(bb) requiring those
systems to be tested on-vehicle
to account for headlamp height
and lighting performance; and
(II) to allow the use of adaptive
headlamp systems;
(ii) issue a final rule to establish
minimum performance standards for adaptive
driving beam headlamp systems; and
(iii) issue a final rule that--
(I) establishes standards for the
hood and bumper areas of motor
vehicles, including passenger cars,
multipurpose passenger vehicles,
trucks, and buses with a gross vehicle
weight rating of 10,000 pounds or less,
to reduce the number of injuries and
fatalities suffered by pedestrians,
bicyclists, and users of micromobility
vehicles who are struck by those motor
vehicles; and
(II) considers the protection of
vulnerable pedestrian populations,
including individuals with
disabilities, children, and older
adults; and
(B) not later than 1 year after the date of
enactment of this Act--
(i) develop performance test criteria for
use by manufacturers in evaluating the extent
to which automated pedestrian safety systems in
light vehicles prevent or mitigate pedestrian
injury;
(ii) issue a final decision notice that--
(I) incorporates automated
pedestrian safety systems, including
pedestrian automatic emergency braking
systems and other passive safety
systems, into the New Car Assessment
Program of the National Highway Traffic
Safety Administration; and
(II) establishes--
(aa) a minimum performance
standard for automated
pedestrian safety systems in
accordance with the changes to
the New Car Assessment Program
described in subclause (I); and
(bb) a compliance date with
respect to those changes;
(iii) establish a detailed crash data set
that covers all pedestrian, bicyclist, and
micromobility vehicle user events and
represents the current and complete range of
crash types, including nonfatal injury crashes,
disaggregated by demographic characteristics,
including race, age, disability, status, and
sex of the victims--
(I) for analysis by States and
units of local government; and
(II) to model and simulate
pedestrian collision avoidance systems;
(iv) establish methods that States and
metropolitan planning organizations (as defined
in section 134 of title 23, United States Code)
may use--
(I) to collect pedestrian,
bicyclist, and micromobility vehicle
user event data; and
(II) to define a common framework
that allows that data to be combined;
and
(v) coordinate with the Director of the
Centers for Disease Control and Prevention to
develop and implement a plan for States to
combine highway crash data and injury health
data to produce a national database of
pedestrian injuries and fatalities,
disaggregated by demographic characteristics,
including race, age, disability status, and sex
of the victims.
(4) Federal highway administration.--Not later than 18
months after the date of enactment of this Act, the
Administrator of the Federal Highway Administration shall
develop standard definitions and establish methods that States,
metropolitan planning organizations (as defined in section 134
of title 23, United States Code), Federal land management
agencies, and Tribal governments that receive funding under the
tribal transportation program under section 202 of title 23,
United States Code, shall use to annually collect and publish
pedestrian exposure data that includes--
(A) the percentage of pedestrian fatalities that
occurred, by State, on roadways in each State that are
owned and operated by the State, a Federal land
management agency, or a Tribal government that receives
funding under the tribal transportation program under
section 202 of title 23, United States Code, as
compared to locally-owned and operated roadways in the
State;
(B) the owner and operator of the roadway where
each pedestrian fatality described in subparagraph (A)
occurred;
(C) the design speed, target speed (where
available), and operating speed of the roadway where
each pedestrian fatality described in subparagraph (A)
occurred;
(D) each of the performance measures--
(i) described in section 490.207 of title
23, Code of Federal Regulations (or successor
regulations); and
(ii) not described in any of subparagraphs
(A) through (C);
(E)(i) the number of fatalities (as defined in
section 490.205 of title 23, Code of Federal
Regulations (or successor regulations)) in which the
person suffering fatal injuries was using a bicycle or
micromobility vehicle at the time of the motor vehicle
crash; and
(ii) a description of the bicycle or micromobility
vehicle; and
(F)(i) the number of serious injuries (as defined
in section 490.205 of title 23, Code of Federal
Regulations (or successor regulations)) in which the
person suffering a serious injury was using a bicycle
or micromobility vehicle at the time of the motor
vehicle crash; and
(ii) a description of the bicycle or micromobility
vehicle.
(5) Special rules.--Section 148(g) of title 23, United
States Code, is amended by adding at the end the following:
``(3) Pedestrians, bicyclists, and users of micromobility
vehicles.--
``(A) Definition of micromobility vehicle.--In this
paragraph, the term `micromobility vehicle' has the
meaning given the term in section 2 of the Vulnerable
Road Users Safety Act.
``(B) Rule.--If the rate of fatalities or serious
injuries for any of pedestrians, bicyclists, and users
of micromobility vehicles in a State increases during
the most recent 2-year period for which data are
available, that State shall be required--
``(i) to include in the subsequent State
strategic highway safety plan of the State
strategies to decrease those rates; and
``(ii) to prioritize the implementation of
any recommendations of the National
Transportation Safety Board.
``(C) Application.--Nothing in this paragraph
requires the Administrator of the Federal Highway
Administration to revise the definition of the term
`non-motorized serious injuries' in section 490.205 of
title 23, Code of Federal Regulations (or successor
regulations).''.
(b) Speeding-Related Crashes Involving Passenger Vehicles.--
(1) Purpose.--The purpose of this subsection is to direct
the Administrator of the Federal Highway Administration to
implement, for roadways that are legally allowed to be used by
or are likely to be used by pedestrians, cyclists, and other
vulnerable road users, certain recommendations in the report of
the National Transportation Safety Board on reducing speeding-
related crashes involving passenger vehicles, adopted on July
25, 2017.
(2) Federal highway administration.--Not later than 18
months after the date of enactment of this Act, the
Administrator of the Federal Highway Administration shall
revise the speed limits section of the Manual on Uniform
Traffic Control Devices--
(A) to require the factors currently listed as
optional for all engineering studies;
(B) to require that an expert system such as
USLIMITS2 be used as a validation tool;
(C) to remove the guidance that speed limits in
speed zones should be within 5 mph of the 85th
percentile speed; and
(D) at a minimum, to incorporate relevant aspects
of the safe system approach for urban roads to
strengthen protection for vulnerable road users.
SEC. 4. BICYCLIST SAFETY.
(a) Purpose.--The purpose of this section is to enhance the safety
of bicyclists and other vulnerable road users by requiring the
Administrator of the National Highway Traffic Safety Administration,
the Administrator of the Federal Highway Administration, and the
Intelligent Transportation Systems Joint Program Office of the
Department of Transportation to implement certain recommendations of
the National Transportation Safety Board identified in the Safety
Research Report entitled ``Bicyclist Safety on US Roadways: Crash Risks
and Countermeasures'', adopted on November 5, 2019.
(b) National Highway Traffic Safety Administration.--Not later than
2 years after the date of enactment of this Act, the Secretary of
Transportation, acting through the Administrator of the National
Highway Traffic Safety Administration (referred to in this subsection
as the ``Secretary''), shall--
(1)(A) develop minimum performance standards for connected
vehicle technology for all light vehicles and vehicles with a
gross vehicle weight rating of not more than 26,000 pounds;
(B) on development of the standards described in
subparagraph (A), require connected vehicle technology to be
installed on all newly manufactured highway vehicles beginning
with the first model year that begins not less than 2 years
after the effective date of the final rule establishing the
minimum performance standards; and
(C) complete all rulemaking relating to connected vehicle
technology that is in progress as of the date of enactment of
this Act;
(2) require that newly manufactured truck tractors with a
gross vehicle weight rating of more than 26,000 pounds be
equipped with a blind spot warning system to improve the
ability of the driver of a tractor-trailer to detect--
(A) passenger vehicles; and
(B) vulnerable road users, including pedestrians,
bicyclists, users of micromobility vehicles, and
motorcyclists;
(3) incorporate into the New Car Assessment Program of the
National Highway Traffic Safety Administration tests to
evaluate the ability of a new car to avoid crashes with
bicyclists, users of micromobility vehicles, and pedestrians;
(4) expand the 5-star rating system of the New Car
Assessment Program of the National Highway Traffic Safety
Administration to include a scale that rates the performance of
forward collision avoidance systems;
(5) issue a final decision notice incorporating pedestrian,
bicyclist, and micromobility vehicle user safety systems,
including pedestrian, bicyclist, and micromobility vehicle user
automatic emergency braking systems and other passive safety
systems, into the New Car Assessment Program of the National
Highway Traffic Safety Administration; and
(6) complete the development of performance standards for
visibility enhancement systems--
(A) to ensure that those systems improve driver
visibility in blind spots; and
(B) to improve the ability of the driver of a
single unit truck with a gross vehicle weight rating of
more than 10,000 pounds to detect vulnerable road
users, including pedestrians, bicyclists, users of
micromobility vehicles, and motorcyclists, in the
proximity of the truck.
(c) Federal Highway Administration.--Not later than 18 months after
the date of enactment of this Act, the Administrator of the Federal
Highway Administration shall--
(1)(A) complete the development of methods to combine
automated and traditional count with innovative bicycle-
counting approaches that capture bicycling activity data
generated by bicyclists and bike share operations; and
(B) provide information about those methods to State
departments of transportation;
(2) update the list of proven safety countermeasures
published by the Federal Highway Administration to include
separated bike lanes and multi-use trails; and
(3) include separated bike lanes and multi-use trails as
innovations in the Every Day Counts initiative under section
1444 of the FAST Act (23 U.S.C. 101 note; Public Law 114-94).
(d) Safety Considerations in Planning and Design.--Section
217(g)(2) of title 23, United States Code, is amended, in the second
sentence, by inserting ``, separated bicycle lanes and multi-use
trails, and intersection safety treatments'' after ``street
crossings''.
(e) Intelligent Transportation Systems Joint Program Office.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Intelligent Transportation Systems
Joint Program Office of the Department of Transportation, in
collaboration with the Administrator of the National Highway
Traffic Safety Administration and the Administrator of the
Federal Highway Administration, shall expand vehicle-to-
pedestrian research efforts to ensure that bicyclists and other
vulnerable road users will be incorporated into the safe
deployment of connected vehicle systems.
(2) Report.--Not later than 30 months after the date of
enactment of this Act, the Intelligent Transportation Systems
Joint Program Office of the Department of Transportation, in
collaboration with the Administrator of the National Highway
Traffic Safety Administration and the Administrator of the
Federal Highway Administration, shall submit to Congress and
make publicly available a report on the findings of the
research efforts described in paragraph (1).
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