Cullum Owings Large Truck Safe Operating Speed Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2033 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. IN THE SENATE OF THE UNITED STATES JUNE 27, 2019 Mr. ISAKSON (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-lim- iting technologies already installed in certain commercial motor vehicles to be used while in operation, and to require that the maximum safe operating speed of com- mercial motor vehicles shall not exceed 65 miles per hour. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 04:13 Jul 03, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2033.IS S2033 kjohnson on DSK79L0C42 with BILLS 2 •S 2033 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Cullum Owings Large 2 Truck Safe Operating Speed Act of 2019’’. 3 SEC. 2. FEDERAL MOTOR VEHICLE SAFETY STANDARD AND 4 FEDERAL MOTOR CARRIER SAFETY REGULA- 5 TION FOR SPEED-LIMITING TECHNOLOGIES. 6 (a) FINDINGS.—Congress finds that— 7 (1) according to the Federal Motor Carrier 8 Safety Administration, during the period beginning 9 on January 1, 2004, and ending on December 31, 10 2013, 10,440 people were killed in motor vehicle 11 crashes in which the speed of a commercial motor 12 vehicle likely contributed to severity; 13 (2) a 2007 survey of truck drivers by the Insur- 14 ance Institute for Highway Safety determined that 15 64 percent of the drivers were in favor of a speed- 16 limiting requirement; 17 (3) according to a 2012 study commissioned by 18 Federal Motor Carrier Safety Administration, trucks 19 not using a speed-limiting technology had a speed 20 limit-relevant crash rate almost 2 times higher than 21 the rate of trucks using a speed-limiting technology; 22 (4) speed-limiting devices have been required to 23 be installed and used on commercial motor vehicles 24 throughout the world, including in— 25 VerDate Sep 11 2014 04:13 Jul 03, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2033.IS S2033 kjohnson on DSK79L0C42 with BILLS 3 •S 2033 IS (A) Australia, which has required the use 1 of those devices since 1990; 2 (B) the United Kingdom, which has re- 3 quired the use of those devices since 1992; and 4 (C) the European Union, which has re- 5 quired the use of those devices since 1994; and 6 (5) the Department of Transportation has been 7 examining the issues involving speed-limiting tech- 8 nologies since at least 2006. 9 (b) DEFINITIONS.—In this section: 10 (1) COMMERCIAL MOTOR VEHICLE.—The term 11 ‘‘commercial motor vehicle’’ means a motor vehicle 12 used in commerce that has a gross vehicle weight 13 rating or a gross vehicle weight of not less than 14 26,001 pounds. 15 (2) SECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of Transportation. 17 (3) SPEED-LIMITING TECHNOLOGY.—The term 18 ‘‘speed-limiting technology’’ means a technology that 19 prevents a commercial motor vehicle from exceeding 20 a preprogrammed maximum speed. 21 (c) FEDERAL MOTOR VEHICLE SAFETY STANDARD 22 AND MOTOR CARRIER SAFETY REGULATION.— 23 VerDate Sep 11 2014 04:13 Jul 03, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2033.IS S2033 kjohnson on DSK79L0C42 with BILLS 4 •S 2033 IS (1) IN GENERAL.—Not later than 1 year after 1 the date of enactment of this Act, the Secretary 2 shall— 3 (A) acting through the Administrator of 4 the National Highway Traffic Safety Adminis- 5 tration, issue a final rule that establishes a 6 Federal motor vehicle safety standard that re- 7 quires that all commercial motor vehicles manu- 8 factured after the effective date of the standard 9 shall be equipped with a speed-limiting tech- 10 nology; and 11 (B) acting through the Administrator of 12 the Federal Motor Carrier Safety Administra- 13 tion, issue a final rule that establishes a Fed- 14 eral motor carrier safety regulation that re- 15 quires that any existing speed-limiting tech- 16 nology already installed in a commercial motor 17 vehicle shall be used at any time during which 18 the commercial motor vehicle is in operation, in 19 accordance with paragraph (2). 20 (2) REQUIREMENTS.—In issuing a final rule 21 pursuant to paragraph (1), the Secretary shall— 22 (A) include requirements to ensure that 23 each speed-limiting technology— 24 VerDate Sep 11 2014 04:13 Jul 03, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2033.IS S2033 kjohnson on DSK79L0C42 with BILLS 5 •S 2033 IS (i) accurately measures the speed of 1 the applicable commercial motor vehicle; 2 and 3 (ii) maintains a maximum speed of 4 not faster than 65 miles per hour to en- 5 sure the safety of commercial motor vehicle 6 drivers and the public, regardless of wheth- 7 er the speed-limiting technology was in- 8 stalled in the commercial motor vehicle— 9 (I) prior to the effective date of 10 the standard or regulation; or 11 (II) for purposes of achieving 12 compliance with the standard under 13 paragraph (1)(A); and 14 (B) as necessary, amend any Federal 15 motor vehicle safety standards or Federal motor 16 carrier safety regulations to require that all 17 commercial motor vehicles shall travel at a 18 speed of not faster than 65 miles per hour. 19 (d) IMPLEMENTATION.— 20 (1) IN GENERAL.—Not later than 180 days 21 after the date of enactment of this Act, each com- 22 mercial motor vehicle that is subject to the standard 23 established under subsection (c)(1)(A) shall ensure 24 that a speed-limiting technology establishes and 25 VerDate Sep 11 2014 04:13 Jul 03, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2033.IS S2033 kjohnson on DSK79L0C42 with BILLS 6 •S 2033 IS maintains for the commercial motor vehicle a max- 1 imum safe speed of not faster than 65 miles per 2 hour. 3 (2) VERIFICATION OF COMPLIANCE WITH RE- 4 QUIREMENTS.—The owner of each commercial motor 5 vehicle subject to a requirement under this section 6 shall verify, and submit to the Secretary a certifi- 7 cation of, compliance with the requirement at such 8 time and in such manner as the Secretary may es- 9 tablish, by regulation. 10 Æ VerDate Sep 11 2014 04:13 Jul 03, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S2033.IS S2033 kjohnson on DSK79L0C42 with BILLS