Two Safety Bills Compared and Contrasted for House Hearing 10/21/15


Two Safety Bills Compared and Contrasted for House Hearing 10/21/15

October, 2015

Dear Care for Crash Victims Community Members:
Courtesy of Joan Claybrook we have important information to share. To help us all be informed – and influential – on proposed changes in the laws governing our safety, Advocates has prepared the following analysis.  The lives and livelihoods of all Americans – year after year – will be affected – for better or worse.
“Side by side of House and Senate Commerce Committee auto safety bills that are part of the big highway funding bill prepared by Advocates for Highway and Auto Safety.  House Commerce Committee hearing on Wednesday 10/21/15

TRANSPORTATION REAUTHORIZATION:  PASSENGER VEHICLE SAFETY ISSUES
SIDE-BY-SIDE COMPARISON OF SAFETY PROVISIONS IN SENATE & HOUSE BILLS
 
PASSENGER VEHICLE SAFETY ISSUES – NHTSA
        ISSUE
SENATE DRIVE ACT (HR 22, passed by the Senate)
HOUSE Energy & Commerce Committee Draft Bill
Alcohol Ignition Interlock (IID) Laws
Sec. 34103: Includes 24/7 sobriety programs as alternative to IID laws and allocates 3% of grant funds for sobriety programs.
                             
Repeat Offender Criteria
Sec. 34104: Provides states with 24/7 sobriety law are eligible to qualify for grant; Eliminates impoundment and immobilization or IID installation for repeat offenders; and weakens mandated punishment options for 2d and 3rd time offenders.
 
National Roadside Survey of Alcohol/Drug Use by Drivers
Sec. 34105: Requires Comptroller General to study National Roadside Survey of Alcohol/Drug Use by Drivers and report recommendations to improve survey to Congress w/n 180 days; DOT to report to Congress on how to implement recommendations.
 
Dangers of Drug Impaired Driving 
Sec. 34106: NHTSA to report to Congress, w/n 60 days, on actions taken to help states increase awareness of drugged driving dangers.
 
Child Occupant Data Collection
Sec. 34107: NHTSA, w/n 1 year, to improve crash investigation data collection on types of child restraints; report to Congress in 3 years.
Sec. 105: NHTSA, w/n 1 year, to improve crash investigation data collection on types of child restraints; report to Congress in 3 years.
Motorcycle Check Point Funding
Sec. 34122: Prohibits use of federal grant funds to conduct check points that specifically target motorcycle riders for helmet use.
 
Distracted Driving Incentive Grants
Sec. 34132: Changes grant eligibility to allow states to test for distracted driving as a part of licensure test, prohibit states from allowing texting while stopped in traffic, and to prohibit youth cell phone use while driving during all phases on graduated licensing.
 
Barriers to Data Collection Report
Sec. 34133: DOT to report to Congress, w/n 180 days, on barriers to collecting data on phone use while driving.
 
State Graduated Driver Licensing Incentive Grant Program
Sec. 34134: Changes grant eligibility for state laws to lower age that GDL restricted license may expire to age 17, provides for exceptions to nighttime driving restriction and makes other changes to criteria for learner’s permit and intermediate stage licensing .
 
Inspector General Recommendations
Sec. 34202: DOT IG to report to Congress w/n 90 days (and periodically afterward) on progress implementing IG Report ST-2015-063 recommendations on NHTSA Defect Investigations (ODI). 
NHTSA to report to Congress w/n 90 days and then periodically on implementing IG Report recommendations. Final report w/n 1 year.
Sec. 103: DOT IG to report to Congress w/n 90 days (and periodically afterward) on progress implementing IG Report ST-2015-063 recommendations on NHTSA Defect Investigations (ODI). 
NHTSA to report to Congress every 90 days (and every 90 days thereafter) until all IG report recommendations are implemented.
PASSENGER VEHICLE SAFETY ISSUES – NHTSA
        ISSUE
SENATE DRIVE ACT
HOUSE Energy & Commerce Committee Bill
Availability of Recall Information
Sec. 34203: Requires NHTSA w/n 2 years to improve availability of safety recall information on agency website; to improve consumer awareness of available recall information, and w/n 1 year to provide guidance to consumers filing a vehicle safety complaint.  Also requires GAO w/n 2 years to study consumer use/usability of recall information and report recommendations to Congress.
Sec. 201: Requires NHTSA w/n 2 years to improve availability of safety recall information on agency website; to improve consumer awareness of available recall information, and w/n 1 year to provide guidance to consumers filing a vehicle safety complaint.  Also requires GAO w/n 2 years to study consumer use/usability of recall information and report recommendations to Congress.
Recall Process
Sec. 34204: Requires final rule, w/n 270 days, to allow electronic notification to owners of recall notices; DOT to analyze and assess recall completion rates and plan for improvements in reports due in 1,3 and 5 years; DOT IG to audit NHTSA management of recalls.
Sec. 202: Requires final rule, w/n 270 days, to allow electronic notification to owners of recall notices (consumers given option to provide email at time of purchase);  DOT to analyze and assess recall completion rates and plan for improvements in reports due in 1,3 and 5 years; DOT IG to audit NHTSA management of recalls. 
Prohibits DOT from publishing safety recall or defect notice until all VINs for affected vehicles have been made available to DOT by equipment suppliers and/or OEMs who have 5 days to provide VINs.
Recall Status Notification by States
 
Sec. 34205: DOT to establish 2-year state pilot program, to begin by Oct. 2016, to provide grants to 6 states to evaluate effectiveness of state DMV notification of open vehicle safety recalls to owners at time of vehicle registration.  States report data to DOT 90 days after program ends; DOT to evaluate data and report 90 days later.
Sec. 203: Amends 49 USC 30303 to establish a recall notification program for states participating in the National Driver Register.  Requires participating state DMVs to provide notification to vehicle owners at the time of vehicle registration of an open motor vehicle recall that has not been remedied. 
Dealer Requirement to Check for Open Recalls
Sec. 34207: Vehicle dealers must notify customers of outstanding recall at time of other service in order to qualify for reimbursement.
 
Time Period to Remedy Tire Defects Extended
Sec. 34208: Extends time period during which tire manufactures are required to remedy defective tires for consumers to 180 days.
 
Rental Car Safety
Sec. 34209: Requires rental car companies to remedy defective vehicles subject to recall w/n 24 hours. Temporary fix allowed if manufacturer repair is not available.
 
Civil Penalties Increase for Safety Act Violation
Sec. 34210: Increases penalty per violation per vehicle to $21,000 (from $5,000) and maximum cap to $150 million (from $35 million); takes effect when NHTSA issues civil penalty factors interpretation.
 
Electronic Odometer Disclosure
Sec. 34211: Allows states to permit electronic odometer disclosure if certain security measures are taken and complies with state law.
Sec. 106: Allows states to permit electronic odometer disclosure if certain security measures are taken and complies with state law.
Responsibility for Corporate Reports
Sec. 34212: Requires NHTSA to issue, w/n 1 year, a rule to establish corporate responsibility for signing reports, information requests by the agency on safety defects and compliance cases.
Sec. 102: Requires NHTSA to issue, w/n 1 year, a rule to establish corporate responsibility for signing reports, information requests by the agency on safety defects and compliance cases.
PASSENGER VEHICLE SAFETY ISSUES – NHTSA
        ISSUE
SENATE DRIVE ACT
HOUSE Energy & Commerce Committee Bill
Direct Vehicle Notification of Recalls
Sec. 34213: NHTSA to report, w/n 1 year, on feasibility of system to indicate when a vehicle is subject to a safety recall.
 
Unattended Child Warning
Sec. 34214: Requires NHTSA, w/n 1 year, to complete MAP-21 research on unattended passenger reminder systems.
 
Tire Pressure Monitoring Systems
Sec. 34215: Requires rule, w/n 2 years, on reset, recalibration and tamper-proofing of Tire Pressure Monitoring Systems.
 
Vehicle Electronics, Software,  Engineering
Sec. 34301: DOT report in 1 year on the priorities of the Council for Vehicle Electronics, Vehicle Software, and Engineering Technology.
Sec. 104:  DOT report in 1 year on the priorities of the Council for Vehicle Electronics, Vehicle Software, and Engineering Technology.
Cooperation with Foreign Governments
Sec. 34302: amends statutory powers and duties of DOT Secretary to allow vehicle, highway and safety research to be conducted in cooperation with foreign governments.
 
Limitations on Data Retrieval from Vehicle Event Data Recorders
Sec. 34402: Establishes that Event Data Recorder (EDR) data belongs to the vehicle owner/lessee; prohibits access to EDR data by anyone other than vehicle owner except by court order, owner’s consent, NHTSA, EMS or for purposes of traffic safety research.
 
Event Data Recorder Study
Sec. 34403: DOT to study, w/n 1 year, duration of time EDRs should record data and, w/n 2 years after study is completed, issue rule for time limit for EDR capture and recording of data.
Sec 301(b): NHTSA to study, w/n 1 year, duration of time EDRs should capture and record data for retrieval and submit report to DOT.  DOT Secretary to submit, w/n 10 days, report to Congress. 
Passenger Motor Vehicle Information
Sec. 34422: Issue rule, w/n 1 year, to include crash avoidance information on the vehicle purchase sticker (Monroney label).
 
Tire Fuel Efficiency Performance Standard
Sec. 34432: Issue rule, w/n 24 months, for passenger vehicle tire fuel efficiency (rolling resistance) and wet traction performance.
 
Tire Registration by Independent Sellers
Sec. 34433: Requires NHTSA to initiate rulemaking to require tire distributors/dealers that are not wholly owned subsidiaries of a tire manufacturer, to record tire purchasers contact information and supply it to tire manufacturers.
 
 
Tire Recall Database
Sec. 34434: Requires DOT to establish a public, searchable database of tire recall notices and other information searchable by Tire Identification Number (TIN).
 
NHTSA Agenda
 
Sec. 101:  Requires NHTSA to post annual plan on website of policy priorities, rulemakings to be commenced, guidelines to be developed, planned projects and initiatives, working groups and advisory committees with projected dates and timetables.
PASSENGER VEHICLE SAFETY ISSUES – NHTSA
        ISSUE
SENATE DRIVE ACT
HOUSE Energy & Commerce Committee Bill
Recall Obligations Under Bankruptcy
 
Sec. 204: Amends section 30120A of title 49 to preclude vehicle manufacturers from escaping recall obligations by filing under chapter 7 of the bankruptcy code.
Application of Remedies for Defects
 
Sec. 205: Extends time period from 10 to 15 years during which manufacturer must remedy safety recalls for vehicles at no cost.
Vehicle Data Privacy
 
Sec. 301(a): Requires OEMs, w/n 1 year, to develop and implement data privacy policy outlining manufacturers practices regarding collection, use and sharing of vehicle generated/stored data. Policy must reveal manufacturer practice but contains no specific requirements.  Provides complying manufacturers with safe harbor protection from unfair/deceptive practices under Federal Trade Act.
Motor Vehicle Data Hacking
 
Sec. 302: Prohibits hacking of vehicle driving data and critical systems that can effect movement of the vehicle.  Provides civil penalty of up to $100,000 for each violation.
Automotive
Cybersecurity Advisory Council
 
Sec. 303: NHTSA to establish w/n 1 year Automotive Cyber Security Advisory Council to develop best practices.  Council to include DOD, NIST, NHTSA, auto dealers association, independent repair shops, parts suppliers, consumer advocates and representative from every major OEM and OEMs shall be not less than 50% of membership.  OEMs may submit security plan based on best practices developed by Council.  OEMs that comply with Council best practices is shielded from liability and protected from unfair/deceptive practices under Federal Trade Act.  OEMs that fail to comply are subject to a civil penalty.
NHTSA Report on Seat Belts For School Buses
 
Sec. 401: NHTSA to issue w/n 1 year report on seat belts and advanced and connected vehicle technologies for school buses.
Rulemaking on Rear Seat Crashworthiness
 
Sec. 402: DOT to complete research w/n 2 years into safety standards for the crashworthiness and survivability for rear seat passengers.  If standards meet requirements of title 49, section 30111(a) and (b), DOT must initiate rulemaking w/n 1 year after research is completed.
Retention of Safety Records by Manufacturers
 
Sec. 403: DOT to issue rule w/n 18 months requiring OEMs to retain all vehicle safety records for a period of not less than 10 calendar years from date on which the record was generated.
PASSENGER VEHICLE SAFETY ISSUES – NHTSA
        ISSUE
SENATE DRIVE ACT
HOUSE Energy & Commerce Committee Bill
Exemption for Noncomplying Motor Vehicles Used for Testing & Evaluation
 
 
Sec. 404:  Amends current law to add exemption from compliance with federal motor vehicle safety standards for vehicles used solely for the purposes of testing or evaluation.
Treatment of Low-Volume Manufacturers
 
Sec. 405:  Amends current law to exempt production/import of up to 500 replica motor vehicles that do not meet federal motor vehicle safety standards by low-volume manufacturers or importers that produce less than 5,000 vehicles per year.
No Liability on Basis of NHTSA Guidelines
 
Sec. 406: Protects manufacturers from any liability or enforcement action for failure to abide or actions inconsistent with guidelines issued by NHTSA.  However, permits manufacturers to use evidence of compliance with agency guidelines as evidence of compliance with motor vehicle safety or other standards.
Metrics for Advanced Auto Technologies
 
Sec. 501: Requires DOT to establish w/n 1 year an Advanced Automotive Technology Advisory Committee (AATAC) to develop safety performance metrics and test procedure for advanced automotive technologies and connected vehicle technologies installed in 15% of new vehicles.  AATAC membership to include SAE, ISO and others at discretion of DOT.  DOT shall establish an NCAP rating for each technology.  Requires NCAP to label as a “special feature” technologies installed by OEMs for which AATAC has not developed performance requirements or test procedures.
Credits For Advanced Automotive Technology
 
Sec. 502: Provides that any light duty vehicle, light duty truck or medium duty passenger vehicle manufactured after 2018 and equipped with original equipment at least 3 advanced automotive technologies (3 or more grams per mile) or 1 connected vehicle technology (6 grams per mile) receives credits under Clean Air Act.
Fuel Economy Credits For Advanced Auto Technologies
 
Sec. 503: Provides that any vehicle manufactured after 2018 and equipped with original equipment at least 3 advanced automotive technologies or 1 connected vehicle technology shall receive fuel economy credits. Allows any interested person to petition DOT to issue a rule to add an advanced automotive technology.
 
House Energy & Commerce Committee
Republicans:
Fred Upton (6th-MI), Chair
Joe Barton (6th-TX)
Edward Whitfield (1st-KY)
John Shimkus (15th-IL)
Joe Pitts (16th-PA)
Greg Walden (2nd-OR)
Tim Murphy (18th-PA)
Michael Burgess (26th-TX)
Marsha Blackburn (7th-TN)
Steve Scalise (1st-LA)
Bob Latta (5th-OH)
Cathy McMorris Rodgers (5th-WA)
Gregg Harper (3rd-MS)
Leonard Lance (7th-NJ)
Brett Guthrie (2nd-KY)
Pete Olson (22nd-TX)
David McKinley (1st-WV)
Mike Pompeo (4th-KS)
Adam Kinzinger (16th-IL)
Morgan Griffith (9th-VA)
Gus Bilirakis (12th-FL)
Bill Johnson (6th-OH)
Billy Long (7th-MO)
Renee Elmers (2nd-NC)
Larry Bucshon (8th-IN)
Bill Flores (17th-TX)
Susan Brooks (5th-IN)
Markwayne Mullin (2nd-OK) Richard Hudson (8th-NC)
Chris Collins (27th-NY)
Kevin Cramer (At Large-ND)
 
Democrats:
Frank Pallone, Jr. (6th-NJ)
Bobby Rush (1st-IL)
Anna Eshoo (18th-CA)
Eliot Engel (16th-NY)
Gene Green (29th-TX)
Diana DeGette (1st-CO)
Lois Capps (24th-CA)
Mike Doyle (14th-PA) Jan Schakowsky (9th-IL)
G.K. Butterfield (1st-NC)
Doris Matsui (6th-CA)
Kathy Castor (14th-FL)
John Sarbanes (3rd-MD)
Jerry McNerney (9th-CA)
Peter Welch (At Large-VT) Ben Ray Jujan (3rd-NM)
Paul Tonko (20th-NY)
John Yarmuth (3rd-KY)
Yvette Clarke (9th-NY)
Dave Loebsack (2nd-IA) Kurt Schrader (5th-OR)
Joseph Kennedy (4th-MA)
Tony Cardenas (29th-CA)
 
Senate Commerce, Science and Transportation Committee
Republicans:
John Thune (SD), Chair
Roger Wicker (MS) Roy Blunt (MO)
Marco Rubio (FL) Kelly Ayotte (NH)
Ted Cruz (TX)
Deb Fischer (NE)
Jerry Moran (KS)
Dan Sullivan (AK)
Ron Johnson (WI)
Dean Heller (NV)
Cory Gardner (CO)
Steve Daines (MT)
 
Democrats:
Bill Nelson (FL), Ranking Member
Maria Cantwell (WA)
Claire McCaskill (MO)
Amy Klobuchar (MN)
Richard Blumenthal (CT)
Brian Schatz (HI)
Edward Markey (MA)
Cory Booker (NJ)
Tom Udall (NM) Joe Manchin (WV)
Gary Peters (MI)
 
The Capitol Switchboard number you can call and ask to be connected to a Member’s office is 202-224-3121.
 
The full text of the bills can be found  under Thomas on the House and Senate web page.

Care for Crash Victims has prepared resources to help you be more effective in communicating with Congress.    To help your voice be more influential you can use tools that provide the number of crash deaths by Congressional District each year 2004 – 2013.  See http://www.careforcrashvictims.com/CrashDeathMappingTools.php

Lou

 

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