Sec. 4220. Advanced impaired driving technology
698 words·~3 min read·
/bill/117/s/2016/is/section-4220·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Congress finds that— alcohol-impaired driving fatalities represent approximately 1/3 of all highway fatalities in the United States each year; in 2019, there were 10,142 alcohol-impaired driving fatalities in the United States involving drivers with a blood alcohol concentration level of .08 or higher, and 68 percent of the crashes that resulted in those fatalities involved a driver with a blood alcohol concentration level of .15 or higher; the estimated economic cost for alcohol-impaired driving in 2010 was $44,000,000,000; according to the Insurance Institute for Highway Safety, advanced drunk and impaired driving prevention technology can prevent more than 9,400 alcohol-impaired driving fatalities annually; and to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driving prevention technology must be standard equipment in all new passenger motor vehicles.
In this section: The term advanced drunk and impaired driving prevention technology means a system that— can— passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired; and prevent or limit motor vehicle operation if an impairment is detected; can— passively and accurately detect whether the blood alcohol concentration of a driver of a motor vehicle is equal to or greater than the blood alcohol concentration described in section 163(a) of title 23, United States Code; and prevent or limit motor vehicle operation if a blood alcohol concentration above the legal limit is detected; or is a combination of systems described in subparagraphs
(A)and (B). The term new , with respect to a passenger motor vehicle, means that the passenger motor vehicle— is a new vehicle (as defined in section 37.3 of title 49, Code of Federal Regulations (or a successor regulation)); and has not been purchased for purposes other than resale. The term passenger motor vehicle has the meaning given the term in section 32101 of title 49, United States Code. The term Secretary means the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration. Subject to subsection
(e)and not later than 3 years after the date of enactment of this Act, the Secretary shall issue a final rule prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires passenger motor vehicles manufactured after the effective date of that standard to be equipped with advanced drunk and impaired driving prevention technology. To allow sufficient time for manufacturer compliance, the compliance date of the rule issued under subsection
(c)shall be not earlier than 2 years and not more than 3 years after the date on which that rule is issued. Any advanced drunk and impaired driving prevention technology required for new passenger motor vehicles under subsection
(c)that measures blood alcohol concentration shall use the blood alcohol concentration described in section 163(a) of title 23, United States Code. If the Secretary determines that the Federal motor vehicle safety standard required under subsection
(c)cannot meet the requirements and considerations described in subsections
(a)and
(b)of section 30111 of title 49, United States Code, by the applicable date, the Secretary— may extend the time period to such date as the Secretary determines to be necessary, but not later than the date that is 3 years after the date described in subsection (c); and shall, not later than the date described in subsection
(c)and not less frequently than annually thereafter until the date on which the rule under that subsection is issued, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing, as of the date of submission of the report— the reasons for not prescribing a Federal motor vehicle safety standard under section 30111 of title 49, United States Code, that requires advanced drunk and impaired driving prevention technology in all new passenger motor vehicles; the deployment of advanced drunk and impaired driving prevention technology in vehicles; any information relating to the ability of vehicle manufacturers to include advanced drunk and impaired driving prevention technology in new passenger motor vehicles; and an anticipated timeline for prescribing the Federal motor vehicle safety standard described in subsection (c).