Text: H.R.1216 — 110th Congress (2007-2008)All Information (Except Text)

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Public Law No: 110-189 (02/28/2008)

 
[110th Congress Public Law 189]
[From the U.S. Government Printing Office]


[DOCID: f:publ189.110]

[[Page 122 STAT. 639]]

Public Law 110-189
110th Congress

                                 An Act


 
To direct the Secretary of Transportation to issue regulations to reduce 
 the incidence of child injury and death occurring inside or outside of 
     light motor vehicles, and for other purposes. <<NOTE: Feb. 28, 
                         2008 -  [H.R. 1216]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Cameron 
Gulbransen Kids Transportation Safety Act of 2007.>> 
SECTION 1. <<NOTE: 49 USC 30111 note.>> 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. <<NOTE: 49 USC 30111 note.>> RULEMAKING REGARDING CHILD 
                    SAFETY.

    (a) Power Window Safety.--
            (1) <<NOTE: Deadline.>> Consideration of rule.--Not later 
        than 18 months after the date of the enactment of this Act, the 
        Secretary of Transportation (referred 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 
        automatically 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 determines such 
        safety standards are reasonable, practicable, and appropriate, 
        the Secretary shall prescribe, 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 additional safety 
        standards are reasonable, practicable, and appropriate, the 
        Secretary shall--
                    (A) <<NOTE: Reports.>> not later than 30 months 
                after the date of enactment of this Act, transmit a 
                report to the Committee on Energy and Commerce of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate describing the 
                reasons such standards were not prescribed; and
                    (B) <<NOTE: Public information. Website.>> 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) <<NOTE: Deadlines.>> Rearward Visibility.--Not later than 12 
months after the date of the enactment of this Act, the Secretary shall 
initiate a rulemaking to revise Federal Motor Vehicle Safety Standard

[[Page 122 STAT. 640]]

111 (FMVSS 111) 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, particularly 
incidents involving small children and disabled persons. The Secretary 
may prescribe different requirements for different 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, particularly incidents 
involving small children and disabled persons. Such standard may be met 
by the provision of additional mirrors, sensors, cameras, or other 
technology to expand the driver's field of view. The Secretary 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) <<NOTE: Deadline.>> Phase-in period required.--The 
        safety standards prescribed pursuant to subsections (a) and (b) 
        shall establish a phase-in period for compliance, as determined 
        by the Secretary, and require full compliance 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 Secretary shall consider whether to 
        require the phase-in according to different types of motor 
        vehicles based on data demonstrating the frequency by which 
        various 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 vehicles 
                shall be phased-in.

    (d) Preventing Motor Vehicles From Rolling Away.--
            (1) Requirement.--Each motor vehicle with an automatic 
        transmission that includes a ``park'' position 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 
        function in any starting system key position in which the 
        transmission can be shifted out of ``park''.
            (2) Treatment as motor vehicle safety standard.--A violation 
        of paragraph (1) shall be treated as a violation of a motor 
        vehicle safety standard prescribed under section 30111 of title 
        49, United States Code, and shall be subject to enforcement by 
        the Secretary under chapter 301 of such title.
            (3) Publication of noncompliant vehicles.--
                    (A) <<NOTE: Deadline.>> Information submission.--Not 
                later than 60 days after the date of the enactment of 
                this Act, for the current model year and annually 
                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).

[[Page 122 STAT. 641]]

                    (B) <<NOTE: Deadline. Public 
                information. Website.>> Publication.--Not later than 30 
                days after receiving the information submitted under 
                subparagraph (A), the Secretary shall publish and 
                otherwise 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 standards described in subsections 
(a) and (b), the term ``motor vehicle'' has the meaning given such term 
in section 30102(a)(6) of title 49, United States Code, except that such 
term shall not include--
            (1) a motorcycle or trailer (as such terms are defined in 
        section 571.3 of title 49, Code of Federal Regulations); or
            (2) any motor vehicle that is rated at more than 10,000 
        pounds gross vehicular weight.

    (f) Database on Injuries and Deaths in Nontraffic, Noncrash 
Events.--
            (1) <<NOTE: Deadline.>> In general.--Not later than 12 
        months after the date of the enactment of this Act, 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 regarding--
                    (A) the number, types, and causes of injuries and 
                deaths resulting from the events described in paragraph 
                (1);
                    (B) the make, model, and model year of motor 
                vehicles involved in such events, when practicable; and
                    (C) other variables that the Secretary determines 
                will enhance the value of the database.
            (3) <<NOTE: Public information. Website.>> 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.
SEC. 3. <<NOTE: 49 USC 30111 note.>> CHILD SAFETY INFORMATION 
                    PROGRAM.

    (a) <<NOTE: Deadline.>> In General.--Not later than 9 months after 
the date of the enactment of this Act, the Secretary shall provide 
information about hazards to children in nontraffic, noncrash incident 
situations by--
            (1) supplementing an existing consumer information 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 section 2(f) 
        regarding nontraffic, noncrash injuries, and other relevant data 
        the Secretary considers appropriate, 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 vehicles, accidental actuation

[[Page 122 STAT. 642]]

        of power windows, and any other risks the Secretary determines 
        should be addressed; and
            (3) <<NOTE: Public information. Website.>> make information 
        related to the program available to the public through the 
        Internet and other means.
SEC. 4. <<NOTE: 49 USC 30111 note.>> DEADLINES.

    If the Secretary determines that the deadlines applicable under this 
Act cannot be met, the Secretary shall--
            (1) establish new deadlines; and
            (2) <<NOTE: Notification.>> notify the Committee on Energy 
        and Commerce of the House of Representatives and the Committee 
        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.

    Approved February 28, 2008.

LEGISLATIVE HISTORY--H.R. 1216:
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CONGRESSIONAL RECORD:
                                                        Vol. 153 (2007):
                                    Dec. 19, considered and passed 
                                        House.
                                                        Vol. 154 (2008):
                                    Feb. 14, considered and passed 
                                        Senate.

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