Section 1 Short title
This Act may be cited as the “Stop Underrides Act 2.0”.
Stop Underrides Act 2.0
A BILL
To reduce the incidence of death by underride by enhancing underride protection on trailers, semitrailers, and single unit trucks, which will result in more survivable truck crashes, to improve motor carrier, passenger motor vehicle, and Vulnerable Road User safety, and for other purposes.
Sec. 2 Findings; purposes
Findings— Congress finds that—
underride crashes involving passenger motor vehicles or Vulnerable Road Users, including motorcyclists, striking and traveling underneath a truck or trailer are a significant public health and safety threat;
the Advisory Committee on Underride Protection established under section 23011(d)(1) of the Infrastructure Investment and Jobs Act (49 U.S.C. 30111 note; Public Law 117–58) has reported that, since the formation of the National Highway Traffic Safety Administration over 50 years ago, “25,100 underrides and 31,500 corresponding fatalities from side underride, rear underride, and front underride crashes” have occurred and concluded that “no substantial progress has been made by DOT to prevent these horrific crash fatalities and injuries”;
the National Transportation Safety Board has recommended the installation of rear underride guards, side underride guards, and front underride guards on tractor-trailers and rear underride guards and side underride guards on single unit trucks to improve Vulnerable Road User and passenger motor vehicle safety; and
this Act is introduced in memory of the thousands of victims of underride crashes, including—
Roya Christine Sadigh, AnnaLeah Karth, Mary Lydia Karth, Sylvia Bingham, Roderick Cota, Moonjohn Kim, Corey Moore, Gregg Williams, Guy Champ Crawford, Carl Hall, Michael Higginbotham, Sandra Maddamma, David Mathis, Mary Katherine Mathis, James Mooney, Christopher Weigl, Bill Zink, David Magnan, Jasen Swift, Samuel Sierra, Brittany McHargue, Christopher Samuel Padilla, Riley Hein, Erin Alexander, Jordan Hensley, Edward Hall, Leslie Rosenberg, Sophie Rosenberg, Ally Davis, Robin Hightman, Alex Wolf, Devyn Killion, Dustin Bosch, Ronald Alleman, Ashley Marie (Walker) Ramirez, Minh-Thi Nguyen, Melissa “Missy” De Leon, Mark Roderick, Karen Bucklew, and Tommy Yaqub;
those whose catastrophic injuries dramatically changed their lives, including Julie Magnan, Nancy Meuleners, Joshua Rojas, Maiv Yang, Anita Plantage Bomgaars, Michael B. Hawkins, Roosevelt Smith, and Robert Eshbaugh; and
those whose precious lives were cut far too short as a result of preventable underride crashes.
Purposes— The purposes of this Act are—
to reduce the number of preventable deaths and injuries caused by underride crashes;
to ensure the efficacy of comprehensive underride protection systems on roads in the United States; and
to improve Vulnerable Road User, motor carrier, and passenger motor vehicle safety.
Sec. 3 Definitions
In this Act:
Commercial motor vehicle— The term commercial motor vehicle has the meaning given the term in section 31132 of title 49, United States Code.
Comprehensive underride protection system— The term comprehensive underride protection system means all of the front underride guards, rear underride guards, or side underride guards, as applicable, installed on a commercial motor vehicle.
Front underride guard— The term front underride guard means a device installed on or near the front of a commercial motor vehicle that prevents or limits the distance that a vehicle struck by the commercial motor vehicle with the device will slide under the front of the striking commercial motor vehicle.
Rear underride guard— The term rear underride guard has the meaning given the term rear impact guard in section 571.223 of title 49, Code of Federal Regulations (or a successor regulation).
Title 49 terms— The terms passenger motor vehicle, semitrailer, side underride guard, single unit truck, trailer, and Vulnerable Road User have the meanings given those terms in section 30102(a) of title 49, United States Code.
Sec. 4 Amendments to title 49 definitions
In general— Section 30102(a) of title 49, United States Code, is amended—
by redesignating paragraphs (11), (12), and (13) as paragraphs (12), (17), and (19), respectively;
by inserting after paragraph (10) the following:
“(11) passenger motor vehicle has the meaning given the term in section 32101.”
by inserting after paragraph (12) (as so redesignated) the following:
“(13) Secretary means the Secretary of Transportation.
“(14) semitrailer has the meaning given the term in section 571.3(b) of title 49, Code of Federal Regulations (or a successor regulation).
“(15) side underride guard means a device installed on or near the side of a trailer, semitrailer, or single unit truck that prevents or limits—
“(A) the distance that the front end of a vehicle striking the side of the trailer, semitrailer, or single unit truck with the device will slide under the side of the impacted trailer, semitrailer, or single unit truck; and
“(B) prevents Vulnerable Road Users from sliding under the trailer, semitrailer, or single unit truck with the device.
“(16) single unit truck means a large commercial truck (excluding any attached trailer).”
by inserting after paragraph (17) (as so redesignated) the following:
“(18) trailer has the meaning given the term in section 571.3(b) of title 49, Code of Federal Regulations (or a successor regulation).”
by inserting after paragraph (19) (as so redesignated) the following:
“(20) Vulnerable Road User has the meaning given the term vulnerable road user in section 148(a) of title 23.”
Technical amendments— Section 30102(a) of title 49, United States Code (as amended by subsection (a)), is amended—
in each of paragraphs (1) through (18), by striking the period at the end and inserting a semicolon; and
in paragraph (19), by striking the period at the end and inserting “; and”.
Sec. 5 Underride guard rulemaking
In general— Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following:
“30130. Side underride guards for trailers, semitrailers, and single unit trucks
“(a) Rulemaking
“(1) In general—Not later than 18 months after the date of enactment of this section, the Secretary shall finalize regulations that prescribe new or updated motor vehicle safety standards that meet the performance standard described in paragraph (2), including by requiring the installation of side underride guards that meet that performance standard on new trailers, semitrailers, and single unit trucks.
“(2) Performance standard described—The performance standard referred to in paragraphs (1) and (3)(B)(i) is that side underride guards shall—
“(A) prevent intrusion into the occupant survival space of a passenger motor vehicle when the passenger motor vehicle is struck, or strikes, perpendicular to a trailer, semitrailer, or single unit truck at any closing speed up to and including 40 miles per hour;
“(B) impede a Vulnerable Road User from passing underneath a trailer, semitrailer, or single unit truck in an interaction along the side of the trailer, semitrailer, or single unit truck; and
“(C) contribute to fuel efficiency through the integration of aerodynamic design or components furthering fuel efficiency.
“(3) Cost-benefit analyses—In finalizing regulations under paragraph (1), the Secretary shall consider and calculate in any cost-benefit analysis—
“(A) the number of deaths and injuries among passenger motor vehicle occupants and Vulnerable Road Users prevented as a result of those regulations; and
“(B) net fuel savings, which shall be equal to the difference between—
“(i) the cost of fuel expected to be consumed by applicable motor vehicles as a result of the adoption of the performance standard described in paragraph (2); and
“(ii) the cost of fuel estimated to be consumed by applicable motor vehicles at the existing rate of voluntary adoption of aerodynamic side skirts without side underride guards as of the date on which those regulations are finalized.
“(b) Compliance—The regulations finalized under subsection (a) shall require full compliance with the new or updated motor vehicle safety standards prescribed under that subsection not later than 2 years after the date on which those regulations are finalized.
“(c) Review of regulations—Beginning not later than 5 years after the date on which regulations are finalized under subsection (a), and not less frequently than once every 5 years thereafter, the Secretary shall determine whether any update to the motor vehicle safety standards prescribed under that subsection is necessary to better prevent fatalities caused by underride crashes and improve roadway safety.”
Clarification— If the Secretary of Transportation withdraws the advanced notice of proposed rulemaking of the National Highway Traffic Safety Administration entitled “Side Underride Guards” (88 Fed. Reg. 24535 (April 21, 2023)) before the Secretary of Transportation finalizes regulations in accordance with section 30130(a)(1) of title 49, United States Code (as added by subsection (a)), that withdrawal shall not affect the requirement to finalize regulations in accordance with that section.
Clerical amendments— The analysis for chapter 301 of title 49, United States Code, is amended—
by striking the item relating to section 30128 and inserting the following:
by inserting after the item relating to section 30129 the following:
Sec. 6 Advisory Committee on Underride Protection
Reconvening of advisory committee— Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall reconvene the Advisory Committee on Underride Protection established under subsection (d)(1) of section 23011 of the Infrastructure Investment and Jobs Act (49 U.S.C. 30111 note; Public Law 117–58) in accordance with the requirements of that section.
Amendments— Section 23011(d) of the Infrastructure Investment and Jobs Act (49 U.S.C. 30111 note; Public Law 117–58) is amended—
in paragraph (2)—
in subparagraph (A), in the matter preceding clause (i), by striking “20” and inserting “22”; and
in subparagraph (B)—
by striking clause (ix);
by redesignating clause (x) as clause (ix); and
by adding at the end the following:
“(x) Families of underride crash victims who were occupants of a passenger motor vehicle.
“(xi) Families of underride crash victims who were Vulnerable Road Users (as defined in section 30102(a) of title 49, United States Code).”
in paragraph (4), by striking “meet not less frequently than annually” and inserting the following: “meet—
“(A) until final regulations have been promulgated under section 30130(a) of title 49, United States Code—
“(i) monthly, via conference call or a virtual meeting platform; and
“(ii) annually, in person, at the Department of Transportation headquarters; and
“(B) subsequent to the issuance of the final regulations described in subparagraph (A), not less frequently than annually, in person, at the Department of Transportation headquarters, to assess the status of underride crash protection.”
in paragraph (5), by inserting “including deliberative materials,” after “information,”;
in paragraph (6), in the matter preceding subparagraph (A), by striking “a biennial” and inserting “an annual”; and
by adding at the end the following:
“(7) Termination date—Notwithstanding chapter 10 of title 5, United States Code, the Committee shall terminate on September 30, 2031.”
Sec. 7 Publication of underride research, reports, and recommendations
In general— The Secretary of Transportation (referred to in this section as the Secretary) shall publish a publicly accessible website to provide the industry, researchers, advocates, and the public with a repository of underride resources, including—
research conducted or contracted by the Department of Transportation (referred to in this section as the Department) on rear underride guards or other rear impact guards;
research conducted or contracted by the Department on side underride guards or other side impact guards;
research conducted or contracted by the Department on front underride guards or other front impact guards;
a link to the database for the Advisory Committee on Underride Protection established under section 23011(d)(1) of the Infrastructure Investment and Jobs Act (49 U.S.C. 30111 note; Public Law 117–58), which shall be updated in a timely manner;
information and links relating to all underride rulemakings of the Department;
stories of victims of underride crashes; and
documentation of past and ongoing data collection relating to underride crashes.
Updates— The Secretary shall update the resources described in subsection (a) not less frequently than quarterly.
Sec. 8 NASEM and GAO studies
NASEM study—
In general— Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (referred to in this subsection as the National Academies) under which the National Academies shall conduct a study on the prevalence of crashes involving the front of large trucks, including the threat of those crashes on Vulnerable Road Users.
Report— Not later than 180 days after the date on which the National Academies completes the study required under paragraph (1), the National Academies shall submit to Congress a report on the results of the study, which shall include—
recommendations on—
how to better prevent crashes where the front of large trucks contacts a passenger motor vehicle in a manner that causes the passenger motor vehicle to slide under the large truck; and
how to prevent deaths resulting from those crashes;
a description of the efficacy of preventative or protective devices on commercial motor vehicles, such as front override guards, in preventing deaths resulting from those crashes; and
statistics, since 2010, describing the prevalence of fatal and non-fatal crashes described in subparagraph (A)(i), including rear underride and side underride crashes, which shall include—
the type, make, and model of vehicles involved in those crashes;
the types of roads on which those crashes have occurred; and
the number of fatalities that occurred as a result of those crashes.
GAO study—
In general— Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States (referred to in this subsection as the Comptroller General) shall conduct a study on the implementation of the final rule of the National Highway Traffic Safety Administration entitled “Federal Motor Vehicle Safety Standards; Rear Impact Guards, Rear Impact Protection” (87 Fed. Reg. 42339 (July 15, 2022)).
Report— Not later than 180 days after the date on which the Comptroller General completes the study required under paragraph (1), the Comptroller General shall submit to the Secretary of Transportation and Congress a report on the results of the study, which shall include—
an analysis of the implementation of the final rule described in that paragraph;
if applicable, recommendations to the Department of Transportation describing improvements to that final rule or its implementation; and
recommendations to Congress and the Department of Transportation on how to better prevent underrides in crashes occurring at the rear of trailers, semitrailers, and single unit trucks.
Sec. 9 FARS review; web-based training for State and local law enforcement
FARS review— Not later than 1 year after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration (referred to in this section as the Administrator) shall conduct a review of the Fatality Analysis Reporting System of the National Highway Traffic Safety Administration to determine—
the number of fatalities in crashes reported as an underride crash by State or local law enforcement;
the number of fatalities in crashes that were not reported as an underride crash by State or local law enforcement but should have been reported as an underride crash, as determined by the Administrator after reviewing, with respect to each such crash—
the initial point of impact of the crash, if the crash is a fatal crash involving a large truck;
the Crash Investigation Sampling System of the National Highway Traffic Safety Administration;
open-source media reports with documented photo evidence of an underride occurrence; and
any other data and documentation, as determined appropriate by the Administrator; and
recommendations that would improve incident reporting by State and local law enforcement.
Web-Based training— Not later than 18 months after the date of enactment of this Act, the Administrator shall develop free on-demand, web-based training for State and local law enforcement on how to properly identify and document underride crashes.