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

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.

Sec. 34103: Includes 24/7 sobriety programs as alternative to IID laws and allocates 3% of grant funds for sobriety programs.

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.

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.

Sec. 34106: NHTSA to report to Congress, w/n 60 days, on actions taken to help states increase awareness of drugged driving dangers.

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.

Sec. 34122: Prohibits use of federal grant funds to conduct check points that specifically target motorcycle riders for helmet use.

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.

Sec. 34133: DOT to report to Congress, w/n 180 days, on barriers to collecting data on phone use while driving.

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 .

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.

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.

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.

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. 

Sec. 34207: Vehicle dealers must notify customers of outstanding recall at time of other service in order to qualify for reimbursement.

Sec. 34208: Extends time period during which tire manufactures are required to remedy defective tires for consumers to 180 days.

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.

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.

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.

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.

Sec. 34213: NHTSA to report, w/n 1 year, on feasibility of system to indicate when a vehicle is subject to a safety recall.

Sec. 34214: Requires NHTSA, w/n 1 year, to complete MAP-21 research on unattended passenger reminder systems.

Sec. 34215: Requires rule, w/n 2 years, on reset, recalibration and tamper-proofing of Tire Pressure Monitoring Systems.

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.

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.

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.

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. 

Sec. 34422: Issue rule, w/n 1 year, to include crash avoidance information on the vehicle purchase sticker (Monroney label).

Sec. 34432: Issue rule, w/n 24 months, for passenger vehicle tire fuel efficiency (rolling resistance) and wet traction performance.

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.

 

Sec. 34434: Requires DOT to establish a public, searchable database of tire recall notices and other information searchable by Tire Identification Number (TIN).

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.

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.

Sec. 205: Extends time period from 10 to 15 years during which manufacturer must remedy safety recalls for vehicles at no cost.

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.

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.

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.

Sec. 401: NHTSA to issue w/n 1 year report on seat belts and advanced and connected vehicle technologies for school buses.

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.

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.

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.

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.

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.

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.

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.

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.