Sec. 4404. Automatic emergency braking
757 words·~3 min read·
/bill/117/hr/3684/eh/section-4404·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall— prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires all commercial motor vehicles subject to Federal motor vehicle safety standard 136 under section 571.136 of title 49, Code of Federal Regulations, (relating to electronic stability control systems for heavy vehicles) manufactured after the effective date of such standard to be equipped with an automatic emergency braking system; and as part of such standard, establish performance requirements for automatic emergency braking systems, including operation of such systems in a variety of driving conditions.
Prior to prescribing the standard required under paragraph (1)(A), the Secretary shall— conduct a review of automatic emergency braking systems in use in applicable commercial motor vehicles and address any identified deficiencies with such systems in the rulemaking proceeding to prescribe the standard, if practicable; assess the feasibility of updating the software of emergency braking systems in use in applicable commercial motor vehicles to address any deficiencies and to enable such systems to meet the new standard; and consult with representatives of commercial motor vehicle drivers regarding the experiences of drivers with automatic emergency braking systems in use in applicable commercial motor vehicles, including malfunctions or unwarranted activations of such systems.
The Secretary shall ensure that the compliance date of the standard prescribed pursuant to paragraph
(1)shall be not later than 2 years after the date of publication of the final rule prescribing such standard. Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a regulation under section 31136 of title 49, United States Code, that requires that an automatic emergency braking system installed in a commercial motor vehicle subject to Federal motor vehicle safety standard 136 under section 571.136 of title 49, Code of Federal Regulations,(relating to electronic stability control systems for heavy vehicles) that is in operation on or after the effective date of the standard prescribed under subsection
(a)be used at any time during which such commercial motor vehicle is in operation. Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation shall, with respect to commercial motor vehicles not subject to Federal motor vehicle safety standard 136 under section 571.136 of title 49, Code of Federal Regulations— complete research on equipping commercial motor vehicles with automatic emergency braking systems to better understand the overall effectiveness of such systems on a variety of commercial motor vehicles; assess the feasibility of installing automatic emergency braking systems on newly manufactured commercial motor vehicles with a gross vehicle weight rating of 10,001 pounds or more; and if warranted, develop performance standards for such automatic emergency braking systems. If the Secretary enters into a contract with a third party to perform the research required under paragraph (1)(A), the Secretary shall ensure that such third party does not have any financial or contractual ties or relationship with a motor carrier that transports passengers or property for compensation, the motor carrier industry, or an entity producing or supplying automatic emergency braking systems. Not later than 90 days after completing the assessment required under paragraph (1)(B), the Secretary shall issue a notice in the Federal Register containing the findings of the assessment and provide an opportunity for public comment. After the conclusion of the public comment period under paragraph (3), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides— the results of the assessment under paragraph (1)(B); a summary of the public comments received by the Secretary under paragraph (3); and a determination as to whether the Secretary intends to develop performance requirements for automatic emergency braking systems for applicable commercial motor vehicles, including any analysis that led to such determination. In this section: The term automatic emergency braking system means a crash avoidance system installed and operational in a vehicle that consists of— a forward collision warning function— to detect vehicles and vulnerable road users ahead of the vehicle; and to alert the operator of the vehicle of an impending collision; and a crash-imminent braking function to provide automatic braking when forward-looking sensors of the vehicle indicate that— a crash is imminent; and the operator of the vehicle is not applying the brakes. The term commercial motor vehicle has the meaning given such term in section 31101 of title 49, United States Code.