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S. 2033: Cullum Owings Large Truck Safe Operating Speed Act of 2019


The text of the bill below is as of Jun 27, 2019 (Introduced).


II

116th CONGRESS

1st Session

S. 2033

IN THE SENATE OF THE UNITED STATES

June 27, 2019

(for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To require the Secretary of Transportation to promulgate standards and regulations requiring all new commercial motor vehicles to be equipped with technology to limit maximum operating speed, to require existing speed-limiting technologies already installed in certain commercial motor vehicles to be used while in operation, and to require that the maximum safe operating speed of commercial motor vehicles shall not exceed 65 miles per hour.

1.

Short title

This Act may be cited as the Cullum Owings Large Truck Safe Operating Speed Act of 2019.

2.

Federal motor vehicle safety standard and Federal motor carrier safety regulation for speed-limiting technologies

(a)

Findings

Congress finds that—

(1)

according to the Federal Motor Carrier Safety Administration, during the period beginning on January 1, 2004, and ending on December 31, 2013, 10,440 people were killed in motor vehicle crashes in which the speed of a commercial motor vehicle likely contributed to severity;

(2)

a 2007 survey of truck drivers by the Insurance Institute for Highway Safety determined that 64 percent of the drivers were in favor of a speed-limiting requirement;

(3)

according to a 2012 study commissioned by Federal Motor Carrier Safety Administration, trucks not using a speed-limiting technology had a speed limit-relevant crash rate almost 2 times higher than the rate of trucks using a speed-limiting technology;

(4)

speed-limiting devices have been required to be installed and used on commercial motor vehicles throughout the world, including in—

(A)

Australia, which has required the use of those devices since 1990;

(B)

the United Kingdom, which has required the use of those devices since 1992; and

(C)

the European Union, which has required the use of those devices since 1994; and

(5)

the Department of Transportation has been examining the issues involving speed-limiting technologies since at least 2006.

(b)

Definitions

In this section:

(1)

Commercial motor vehicle

The term commercial motor vehicle means a motor vehicle used in commerce that has a gross vehicle weight rating or a gross vehicle weight of not less than 26,001 pounds.

(2)

Secretary

The term Secretary means the Secretary of Transportation.

(3)

Speed-limiting technology

The term speed-limiting technology means a technology that prevents a commercial motor vehicle from exceeding a preprogrammed maximum speed.

(c)

Federal motor vehicle safety standard and motor carrier safety regulation

(1)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary shall—

(A)

acting through the Administrator of the National Highway Traffic Safety Administration, issue a final rule that establishes a Federal motor vehicle safety standard that requires that all commercial motor vehicles manufactured after the effective date of the standard shall be equipped with a speed-limiting technology; and

(B)

acting through the Administrator of the Federal Motor Carrier Safety Administration, issue a final rule that establishes a Federal motor carrier safety regulation that requires that any existing speed-limiting technology already installed in a commercial motor vehicle shall be used at any time during which the commercial motor vehicle is in operation, in accordance with paragraph (2).

(2)

Requirements

In issuing a final rule pursuant to paragraph (1), the Secretary shall—

(A)

include requirements to ensure that each speed-limiting technology—

(i)

accurately measures the speed of the applicable commercial motor vehicle; and

(ii)

maintains a maximum speed of not faster than 65 miles per hour to ensure the safety of commercial motor vehicle drivers and the public, regardless of whether the speed-limiting technology was installed in the commercial motor vehicle—

(I)

prior to the effective date of the standard or regulation; or

(II)

for purposes of achieving compliance with the standard under paragraph (1)(A); and

(B)

as necessary, amend any Federal motor vehicle safety standards or Federal motor carrier safety regulations to require that all commercial motor vehicles shall travel at a speed of not faster than 65 miles per hour.

(d)

Implementation

(1)

In general

Not later than 180 days after the date of enactment of this Act, each commercial motor vehicle that is subject to the standard established under subsection (c)(1)(A) shall ensure that a speed-limiting technology establishes and maintains for the commercial motor vehicle a maximum safe speed of not faster than 65 miles per hour.

(2)

Verification of compliance with requirements

The owner of each commercial motor vehicle subject to a requirement under this section shall verify, and submit to the Secretary a certification of, compliance with the requirement at such time and in such manner as the Secretary may establish, by regulation.