[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4452 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4452
To amend title 23, United States Code, to improve the safety of
children purchasing food items from frozen dessert trucks.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2024
Mr. Blumenthal introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to improve the safety of
children purchasing food items from frozen dessert trucks.
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 ``Tristan's Law''.
SEC. 2. RESERVATION OF FUNDS TO INCREASE SAFETY OF FROZEN DESSERT TRUCK
PATRONS.
(a) Findings.--Congress finds that--
(1) in 2016, more than 20 percent of the 1,233 children
killed in traffic crashes were pedestrians;
(2) frozen dessert trucks present a very specific hazard
for children;
(3) in approaching, or departing from, a frozen dessert
truck--
(A) children may pay little attention to traffic;
and
(B) the truck may screen the children from driver
visibility;
(4) States and units of local government have issued
ordinances to modify the behavior of drivers in the vicinity of
frozen dessert trucks to reduce speeds and improve the safety
of children approaching, or departing from, the trucks;
(5) requiring drivers to come to a complete stop before
passing a frozen dessert truck that is stopped to vend can
reduce safety threats posed to children;
(6) requiring frozen dessert trucks to be equipped with
flashing signal lamps, a stop signal arm, a convex mirror, and
a front crossing arm can reduce safety threats posed to
children visiting the trucks; and
(7) the Federal Government can play a role in reducing
pedestrian injuries associated with frozen dessert truck
operations.
(b) National Priority Safety Programs Reservation of Funds.--
Section 405 of title 23, United States Code (as amended by section
24105 of Public Law 117-58 (135 Stat. 795)), is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``7 percent'' and
inserting ``6 percent'';
(B) in paragraph (10)--
(i) by striking ``through (9)'' and
inserting ``through (10)''; and
(ii) by striking ``through (i)'' and
inserting ``through (j)'';
(C) by redesignating paragraphs (10) and (11) as
paragraphs (11) and (12), respectively; and
(D) by inserting after paragraph (9) the following:
``(10) Safety of frozen dessert truck patrons.--In each
fiscal year, 1 percent of the funds provided under this section
shall be allocated among States that adopt and implement laws
to increase the safety of frozen dessert truck patrons (as
described in subsection (j)).''; and
(2) by adding at the end the following:
``(j) Safety of Frozen Dessert Truck Patrons.--
``(1) Definition of frozen dessert truck.--In this
subsection, the term `frozen dessert truck' means a motor
vehicle in which 1 or more frozen desserts (within the meaning
of part 135 of title 21, Code of Federal Regulations (or
successor regulations)) are carried on the highway for purposes
of retail sale from a door or window of the motor vehicle to an
individual consumer at any location.
``(2) General authority.--Subject to the requirements of
this subsection, the Secretary shall award grants to States for
the purpose of establishing and implementing laws (including
regulations) that require frozen dessert trucks to be equipped
as described in paragraph (3).
``(3) Frozen dessert truck equipment.--For purposes of
paragraph (2), a frozen dessert truck shall be equipped with
each of the following:
``(A) Signal lamps.--1 or more signal lamps that--
``(i) are mounted--
``(I) at the same level; and
``(II) as high on the frozen
dessert truck, and as widely spaced
laterally, as is practicable;
``(ii) are not less than 5, and not more
than 7, inches in diameter; and
``(iii) display 2 alternately flashing red
lights visible at a distance of not less than
500 feet, to the front and rear of the frozen
dessert truck, in normal sunlight on a
straight, level highway.
``(B) Stop signal arm.--
``(i) In general.--A stop signal arm--
``(I) that can be extended
horizontally from the left side of the
frozen dessert truck;
``(II) when extended--
``(aa) the side nearest the
frozen dessert truck of which
shall be--
``(AA) 7.25 inches
long; and
``(BB) parallel to
the side of the frozen
dessert truck;
``(bb) the side farthest
from the frozen dessert truck
of which shall be--
``(AA) 18 inches
long; and
``(BB) parallel to
the side nearest the
frozen dessert truck;
``(cc) the 2 sides of which
shall be 18 inches apart,
creating a symmetrical,
trapezoidal shape; and
``(dd) the bottom of which
shall be approximately 42
inches above the street;
``(III) the outside corners of
which--
``(aa) when extended,
feature 2 alternately flashing
red lights, each of which shall
be--
``(AA) not less
than 3, and not more
than 5, inches in
diameter; and
``(BB) visible at a
distance of not less
than 300 feet, to the
front and rear of the
frozen dessert truck,
in normal sunlight on a
straight, level
highway; and
``(bb) are rounded to
conform to the shape of the
lights described in item (aa);
and
``(IV) both sides of which shall
feature--
``(aa) a red, reflectorized
background; and
``(bb) a legend described
in clause (ii).
``(ii) Description of legend.--A legend
referred to in clause (i)(IV)(bb) is a legend
in which--
``(I) the word `STOP' appears in 6-
inch-high white letters, not to exceed
4 inches in length, in the middle of
the stop signal arm;
``(II) above the word `STOP', the
phrase `IF SAFE' appears in 2-inch-high
white letters, not to exceed 1.75
inches in length;
``(III) below the word `STOP', the
phrase `THEN GO' appears in 2-inch-high
white letters, not to exceed 1.75
inches in length; and
``(IV) the colors (including the
colors of the background) conform to
the requirements described in the
Manual on Uniform Traffic Control
Devices for Streets and Highways
published by the Federal Highway
Administration.
``(C) Mirror.--A convex mirror mounted on the front
of the frozen dessert truck in a manner that ensures
that the operator of the frozen dessert truck, when
sitting in a normal operating seating position, is
capable of seeing the area in front of the frozen
dessert truck that, absent the mirror, would be
obscured by the hood of the frozen dessert truck.
``(D) Front crossing arm.--A front crossing arm--
``(i) that is--
``(I) attached to the front bumper
of the frozen dessert truck; and
``(II) hinged from the right side
of the frozen dessert truck;
``(ii) the bottom of which shall be not
less than 16, and not more than 20, inches
above the street;
``(iii) that is--
``(I) made of any durable material;
and
``(II) covered with yellow or white
reflective material; and
``(iv) that extends--
``(I) in conjunction with the stop
signal arm described in subparagraph
(B);
``(II) when extended outward in
front of the frozen dessert truck, not
less than 4, and not more than 6, feet
parallel to the street; and
``(III) when retracted against the
front of the frozen dessert truck, not
past the width of the frozen dessert
truck on the left side of the frozen
dessert truck operator.
``(4) Grant amount.--The allocation of grant funds to a
State under this subsection for a fiscal year shall be in
proportion to the apportionment of the State under section 402
for fiscal year 2022.
``(5) Study.--
``(A) In general.--The Secretary shall conduct a
study of--
``(i) the extent of pedestrian injuries and
fatalities relating to frozen dessert trucks,
including the percentage of those injuries and
fatalities experienced by children;
``(ii) potential countermeasures to modify
the behavior of drivers in the vicinity of
frozen dessert trucks to reduce speeds and
improve safety when children approach the
frozen dessert trucks; and
``(iii) the feasibility of requiring
operators of frozen dessert trucks not to stop
or park the frozen dessert trucks to vend to a
child in any location at which the child would
be required to cross a highway to approach the
frozen dessert truck.
``(B) Countermeasures for states.--Based on the
results of the study under subparagraph (A), the
Secretary, acting through the Administrator of the
National Highway Traffic Safety Administration, shall
issue guidance for State highway safety officers
relating to methods of improving the safety of frozen
dessert trucks and frozen dessert truck patrons.
``(C) Report.--The Secretary shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
describing the results of the study under subparagraph
(A).''.
(c) Effective Date.--The amendments made by subsection (b) shall
take effect with respect to any grant application or State highway
safety plan submitted under chapter 4 of title 23, United States Code,
for fiscal year 2024 or thereafter.
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