SAFE Limos Act

II 116TH CONGRESS 1ST SESSION S. 2606 To establish safety standards for certain limousines, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 16, 2019 Mr. SCHUMER (for himself and Mrs. GILLIBRAND) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish safety standards for certain limousines, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safety, Accountability, 4 and Federal Enforcement of Limos Act of 2019’’ or the 5 ‘‘SAFE Limos Act’’. 6 SEC. 2. DEFINITIONS. 7 In this Act: 8 (1) CERTIFIED VEHICLE.—The term ‘‘certified 9 vehicle’’ means a motor vehicle that has been cer- 10 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2606 IS tified in accordance with section 567.4 or 567.5 of 1 title 49, Code of Federal Regulations, to meet all ap- 2 plicable Federal motor vehicle safety standards. 3 (2) INCOMPLETE VEHICLE.—The term ‘‘incom- 4 plete vehicle’’ has the meaning given such term in 5 section 567.3 of title 49, Code of Federal Regula- 6 tions. 7 (3) STRETCH LIMOUSINE.—The term ‘‘stretch 8 limousine’’ means a new or used passenger motor ve- 9 hicle that has been altered in a manner that in- 10 creases the overall wheelbase of the vehicle, exceed- 11 ing the original equipment manufacturer’s wheelbase 12 dimension for the base model and year of the vehi- 13 cle, in any amount sufficient to accommodate addi- 14 tional passengers with a seating capacity of not 15 fewer than 9 passengers including the driver. 16 (4) STRETCH LIMOUSINE ALTERER.—The term 17 ‘‘stretch limousine alterer’’ means a person who al- 18 ters by addition, substitution, or removal of compo- 19 nents (other than readily attachable components) a 20 certified passenger motor vehicle before or after the 21 first purchase of the vehicle to produce a stretch 22 limousine. 23 (5) STRETCH LIMOUSINE OPERATOR.—The 24 term ‘‘stretch limousine operator’’ means a person 25 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2606 IS who owns or leases and operates a stretch limousine 1 in interstate commerce. 2 (6) PASSENGER MOTOR VEHICLE.—The term 3 ‘‘passenger motor vehicle’’ has the meaning given 4 that term in section 32101 of title 49, United States 5 Code. 6 (7) SAFETY BELT.—The term ‘‘safety belt’’ 7 means an occupant restraint system consisting of in- 8 tegrated lap shoulder belts. 9 (8) SECRETARY.—The term ‘‘Secretary’’ means 10 the Secretary of Transportation. 11 SEC. 3. STRETCH LIMOUSINE STANDARDS. 12 (a) SAFETY BELT STANDARDS FOR STRETCH LIM- 13 OUSINES.—Not later than 2 years after the date of enact- 14 ment of this Act, the Secretary shall prescribe a final rule 15 amending Federal Motor Vehicle Safety Standard Num- 16 bers 208 to require safety belts to be installed in stretch 17 limousines with a gross vehicle weight rating greater than 18 8,500 pounds at each designated seating position, includ- 19 ing on side-facing seats. 20 (b) SEATING SYSTEM STANDARDS FOR STRETCH 21 LIMOUSINES.—Not later than 2 years after the date of 22 enactment of this Act, the Secretary shall prescribe a final 23 rule amending Federal Motor Vehicle Safety Standard 24 Number 207 to require stretch limousines to meet stand- 25 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2606 IS ards for seats (including side-facing seats), attachment as- 1 semblies, and installation to minimize the possibility of 2 their failure by forces acting on them as a result of vehicle 3 impact. 4 (c) REPORT ON RETROFIT ASSESSMENT FOR 5 STRETCH LIMOUSINES.—Not later than 2 years after the 6 date of enactment of this Act, the Secretary shall submit 7 to the Committee on Energy and Commerce of the House 8 of Representatives and the Committee on Commerce, 9 Science, and Transportation of the Senate a report that 10 assesses the feasibility, benefits, and costs with respect to 11 the application of any requirement established under sub- 12 section (a) or (b) to a stretch limousine altered before the 13 date on which the requirement applies to a new stretch 14 limousine. 15 (d) SAFETY STANDARDS FOR ALTERING USED VEHI- 16 CLES INTO STRETCH LIMOUSINES.—Not later than 1 year 17 after the date of enactment of this Act, the Secretary shall 18 prescribe a final rule revising the regulations under section 19 567.7 of title 49, Code of Federal Regulations, to require 20 a stretch limousine alterer to comply with the require- 21 ments for persons who alter certified vehicles. 22 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2606 IS SEC. 4. STRETCH LIMOUSINE COMPLIANCE WITH FEDERAL 1 SAFETY STANDARDS. 2 (a) IN GENERAL.—Chapter 301 of subtitle VI of title 3 49, United States Code, is amended by inserting after sec- 4 tion 30128 the following new section: 5 ‘‘§ 30129. Stretch limousine compliance with Federal 6 safety standards 7 ‘‘(a) GUIDELINES, BEST PRACTICES, AND REC- 8 OMMENDATIONS.—Not later than 2 years after the date 9 of enactment of this section, and not less than every 4 10 years thereafter, the Secretary shall develop and issue 11 guidelines, best practices, and recommendations to assist 12 a stretch limousine alterer to develop and administer the 13 vehicle modifier plan required under subsection (c). 14 ‘‘(b) PROCESS AND ANALYSIS.— 15 ‘‘(1) NOTICE REQUIRED.—Not later than 2 16 years after the date of enactment of this section, 17 and as necessary thereafter, the Secretary shall pub- 18 lish a notice in the Federal Register that describes 19 the process and analysis used for approving or deny- 20 ing a vehicle modifier plan submitted by a stretch 21 limousine alterer. 22 ‘‘(2) ELEMENTS.—The notice required under 23 paragraph (1) shall include— 24 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2606 IS ‘‘(A) a description of the safety elements 1 described in subsection (c) in a vehicle modifier 2 plan; and 3 ‘‘(B) a description of the process and cri- 4 terion that the Secretary will use for deter- 5 mining whether a vehicle modifier plan ensures 6 that a stretch limousine meets applicable Fed- 7 eral motor vehicle safety standards. 8 ‘‘(c) REQUIREMENT.—Not later than 2 years after 9 the Secretary has released the notice required by sub- 10 section (b), a new stretch limousine may not be offered 11 for sale, lease, or rent, introduced or delivered for intro- 12 duction in interstate commerce, or imported into the 13 United States unless the stretch limousine alterer has de- 14 veloped, and the Secretary has approved, a vehicle modi- 15 fier plan. A vehicle modifier plan includes the following 16 safety elements: 17 ‘‘(1) Design, quality control, manufacturing, 18 and training practices adopted by a stretch lim- 19 ousine alterer to ensure that a stretch limousine 20 complies with Federal motor vehicle safety stand- 21 ards. 22 ‘‘(2) Customer support guidelines, including in- 23 structions for stretch limousine occupants to wear 24 seatbelts and stretch limousine operators to notify 25 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2606 IS occupants of the date and results of the most recent 1 inspection of the stretch limousine. 2 ‘‘(3) Any other safety elements that the Sec- 3 retary determines to be necessary. 4 ‘‘(d) VEHICLE MODIFIER PLAN.— 5 ‘‘(1) APPLICATION.—A stretch limousine alterer 6 shall submit to the Secretary an application for ap- 7 proval of a vehicle modifier plan in such a form, at 8 such a time, and containing the information required 9 to be included in the notice published pursuant to 10 subsection (b). A vehicle modifier plan required 11 under subsection (a) may be approved for not more 12 than 4 years after the date on which the plan is ap- 13 proved. 14 ‘‘(2) REVIEW.—The Secretary may approve a 15 vehicle modifier plan submitted under paragraph (1) 16 on a finding that the plan ensures that a stretch 17 limousine will meet Federal motor vehicle safety 18 standards. 19 ‘‘(3) TIMELY CONSIDERATION OF APPLICA- 20 TIONS.—The Secretary shall approve or reject a ve- 21 hicle modifier plan not later than 1 year after receiv- 22 ing an application from a stretch limousine alterer. 23 ‘‘(e) DEFINITIONS.—In this section: 24 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2606 IS ‘‘(1) INCOMPLETE VEHICLE.—The term ‘incom- 1 plete vehicle’ has the meaning given such term in 2 section 567.3 of title 49, Code of Federal Regula- 3 tions. 4 ‘‘(2) STRETCH LIMOUSINE.—The term ‘stretch 5 limousine’ means a new or used passenger motor ve- 6 hicle that has been altered in a manner that in- 7 creases the overall wheelbase of the vehicle, exceed- 8 ing the original equipment manufacturer’s wheelbase 9 dimension for the base model and year of the vehi- 10 cle, in any amount sufficient to accommodate addi- 11 tional passengers with a seating capacity of not 12 fewer than 9 passengers including the driver. 13 ‘‘(3) STRETCH LIMOUSINE ALTERER.—The 14 term ‘stretch limousine alterer’ means a person who 15 alters by addition, substitution, or removal of com- 16 ponents (other than readily attachable components) 17 an incomplete vehicle or a certified passenger motor 18 vehicle before or after the first purchase of the vehi- 19 cle to produce a stretch limousine. 20 ‘‘(4) PASSENGER MOTOR VEHICLE.—The term 21 ‘passenger motor vehicle’ has the meaning given that 22 term in section 32101.’’. 23 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2606 IS (b) ENFORCEMENT.—Section 30165(a)(1) of title 49, 1 United States Code, is amended by inserting ‘‘30129,’’ 2 after ‘‘30127,’’. 3 SEC. 5. STRETCH LIMOUSINE CRASHWORTHINESS. 4 (a) RESEARCH.—Not later than 4 years after the 5 date of enactment, the Secretary shall complete research 6 into side impact protection, roof crush resistance, and air 7 bag systems for the protection of occupants in stretch lim- 8 ousines given alternative seating positions or interior con- 9 figurations, including perimeter seating arrangements. 10 (b) RESEARCH REQUIREMENTS.—In conducting the 11 research required under subsection (a), the Secretary 12 shall— 13 (1) develop one or more tests to evaluate side 14 impact protection, roof crush resistance, and air bag 15 systems of stretch limousines; 16 (2) determine metrics that would be most effec- 17 tive at evaluating the side impact protection, roof 18 crush resistance, and air bag systems of stretch lim- 19 ousines; and 20 (3) determine criteria to assure the stretch lim- 21 ousines are protecting occupants in any alternative 22 seating positions or interior configurations. 23 (c) REPORT.—Not later than 5 years after the date 24 of enactment of this Act, the Secretary shall submit a re- 25 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2606 IS port describing the findings of the research required under 1 this section to the Committee on Energy and Commerce 2 of the House of Representatives and the Committee on 3 Commerce, Science, and Transportation of the Senate. 4 (d) VEHICLE MODIFIER PLANS.—The Secretary shall 5 incorporate the findings of the research conducted under 6 this section into the guidelines required under section 7 30129(a) of title 49 and the process and analysis required 8 under section 30129(b) of title 49, United States Code, 9 as added by section 4(a). 10 (e) CRASHWORTHINESS STANDARDS.—The Secretary 11 shall issue final motor vehicle safety standards for side 12 impact protection, roof crush resistance, and air bag sys- 13 tems for stretch limousines if the Secretary determines 14 that such standards meet the requirements and consider- 15 ations set forth in subsections (a) and (b) of section 30111 16 of title 49, United States Code. 17 SEC. 6. STRETCH LIMOUSINE EVACUATION. 18 (a) RESEARCH.—Not later than 2 years after the 19 date of enactment of this Act, the Secretary of Transpor- 20 tation shall complete research into safety features and 21 standards that aid egress and regress in the event that 22 one exit in the passenger compartment of a stretch lim- 23 ousine is blocked. 24 VerDate Sep 11 2014 02:34 Oct 19, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2606 IS (b) STANDARDS.—Not later than 3 years after the 1 date of enactment of this Act, the Secretary shall issue 2 stretch limousine evacuation standards based on the re- 3 sults of the Secretary’s research. 4 SEC. 7. STRETCH LIMOUSINE INSPECTION DISCLOSURE. 5 (a) STRETCH LIMOUSINE INSPECTION DISCLO- 6 SURE.—A stretch limousine operator introducing a stretch 7 limousine into interstate commerce may not deploy for 8 commercial use a stretch limousine unless the stretch lim- 9 ousine operator has prominently disclosed in a clear and 10 conspicuous notice, including on its website to the extent 11 the stretch limousine operator uses a website, that in- 12 cludes— 13 (1) the date of the most recent inspection of the 14 stretch limousine required under State or Federal 15 law; 16 (2) the results of the inspection; and 17 (3) any corrective action taken by the stretch 18 limousine operator to ensure the stretch limousine 19 passed inspection. 20 (b) FEDERAL TRADE COMMISSION ENFORCE- 21 MENT.—A violation of subsection (a) shall be treated as 22 an unfair or deceptive act or practice within the meaning 23 of section 5(a)(1) of the Federal Trade Commission Act 24 (15 U.S.C. 45(a)(1)). The Federal Trade Commission 25 VerDate Sep 11 2014 01:25 Oct 24, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2606.IS S2606 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2606 IS shall enforce this section in the same manner, by the same 1 means, and with the same jurisdiction, powers, and duties 2 as though all applicable terms and provisions of the Fed- 3 eral Trade Commission Act [Text truncated for display. Full text available on Congress.gov.]