The Pedestrian Safety Enhancement Act (PSEA) of 2010

S. 841

One Hundred Eleventh Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten

An Act
To direct the Secretary of Transportation to study and establish a motor vehicle
safety standard that provides for a means of alerting blind and other pedestrians
of motor vehicle operation.

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 ‘‘Pedestrian Safety Enhancement
Act of 2010’.
SEC. 2. DEFINITIONS.

As used in this Act—
(1) the term ‘‘Secretary’’ means the Secretary of Transportation;
(2) the term ‘‘alert sound’’ (herein referred to as the
‘‘sound’’) means a vehicle-emitted sound to enable pedestrians
to discern vehicle presence, direction, location, and operation;
(3) the term ‘‘cross-over speed’’ means the speed at which
tire noise, wind resistance, or other factors eliminate the need
for a separate alert sound as determined by the Secretary;
(4) 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 a trailer (as such
term is defined in section 571.3 of title 49, Code of Federal
Regulations);
(5) the term ‘‘conventional motor vehicle’’ means a motor
vehicle powered by a gasoline, diesel, or alternative fueled
internal combustion engine as its sole means of propulsion;
(6) the term ‘‘manufacturer’’ has the meaning given such
term in section 30102(a)(5) of title 49, United States Code;
(7) the term ‘‘dealer’’ has the meaning given such term
in section 30102(a)(1) of title 49, United States Code;
(8) the term ‘‘defect’’ has the meaning given such term
in section 30102(a)(2) of title 49, United States Code;
(9) the term ‘‘hybrid vehicle’’ means a motor vehicle which
has more than one means of propulsion; and
(10) the term ‘‘electric vehicle’’ means a motor vehicle with
an electric motor as its sole means of propulsion.
SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.

(a) RULEMAKING REQUIRED.—Not later than 18 months after
the date of enactment of this Act the Secretary shall initiate rulemaking, under section 30111 of title 49, United States Code, to
promulgate a motor vehicle safety standard—

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(1) establishing performance requirements for an alert
sound that allows blind and other pedestrians to reasonably
detect a nearby electric or hybrid vehicle operating below the
cross-over speed, if any; and
(2) requiring new electric or hybrid vehicles to provide
an alert sound conforming to the requirements of the motor
vehicle safety standard established under this subsection.
The motor vehicle safety standard established under this subsection
shall not require either driver or pedestrian activation of the alert
sound and shall allow the pedestrian to reasonably detect a nearby
electric or hybrid vehicle in critical operating scenarios including,
but not limited to, constant speed, accelerating, or decelerating.
The Secretary shall allow manufacturers to provide each vehicle
with one or more sounds that comply with the motor vehicle safety
standard at the time of manufacture. Further, the Secretary shall
require manufacturers to provide, within reasonable manufacturing
tolerances, the same sound or set of sounds for all vehicles of
the same make and model and shall prohibit manufacturers from
providing any mechanism for anyone other than the manufacturer
or the dealer to disable, alter, replace, or modify the sound or
set of sounds, except that the manufacturer or dealer may alter,
replace, or modify the sound or set of sounds in order to remedy
a defect or non-compliance with the motor vehicle safety standard.
The Secretary shall promulgate the required motor vehicle safety
standard pursuant to this subsection not later than 36 months
after the date of enactment of this Act.
(b) CONSIDERATION.—When conducting the required rulemaking, the Secretary shall—
(1) determine the minimum level of sound emitted from
a motor vehicle that is necessary to provide blind and other
pedestrians with the information needed to reasonably detect
a nearby electric or hybrid vehicle operating at or below the
cross-over speed, if any;
(2) determine the performance requirements for an alert
sound that is recognizable to a pedestrian as a motor vehicle
in operation; and
(3) consider the overall community noise impact.
(c) PHASE-IN REQUIRED.—The motor vehicle safety standard
prescribed pursuant to subsection (a) of this section shall establish
a phase-in period for compliance, as determined by the Secretary,
and shall require full compliance with the required motor vehicle
safety standard for motor vehicles manufactured on or after September 1st of the calendar year that begins 3 years after the
date on which the final rule is issued.
(d) REQUIRED CONSULTATION.—When conducting the required
study and rulemaking, the Secretary shall—
(1) consult with the Environmental Protection Agency to
assure that the motor vehicle safety standard is consistent
with existing noise requirements overseen by the Agency;
(2) consult consumer groups representing individuals who
are blind;
(3) consult with automobile manufacturers and professional
organizations representing them;

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(4) consult technical standardization organizations responsible for measurement methods such as the Society of Automotive Engineers, the International Organization for Standardization, and the United Nations Economic Commission for
Europe, World Forum for Harmonization of Vehicle Regulations.
(e) REQUIRED STUDY AND REPORT TO CONGRESS.—Not later
than 48 months after the date of enactment of this Act, the Secretary shall complete a study and report to Congress as to whether
there exists a safety need to apply the motor vehicle safety standard
required by subsection (a) to conventional motor vehicles. In the
event that the Secretary determines there exists a safety need,
the Secretary shall initiate rulemaking under section 30111 of
title 49, United States Code, to extend the standard to conventional
motor vehicles.
SEC. 4. FUNDING.

Notwithstanding any other provision of law, $2,000,000 of any
amounts made available to the Secretary of Transportation under
under section 406 of title 23, United States Code, shall be made
available to the Administrator of the National Highway Transportation Safety Administration for carrying out section 3 of this Act.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.