Sec. 23010. AUTOMATIC EMERGENCY BRAKING
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## SEC. 23010 AUTOMATIC EMERGENCY BRAKING **[**[49 U.S.C. 31136 note](/us/usc/t49/s31136)**]** ###
(a)Definitions In this section: ####
(1)Automatic emergency braking system The term “automatic emergency braking system” means a system on a commercial motor vehicle that, based on a predefined distance and closing rate with respect to an obstacle in the path of the commercial motor vehicle— #####
(A)alerts the driver of the obstacle; and #####
(B)if necessary to avoid or mitigate a collision with the obstacle, automatically applies the brakes of the commercial motor vehicle. ####
(2)Commercial motor vehicle The term “commercial motor vehicle” has the meaning given the term in section 31101 of title 49, United States Code. ###
(b)Federal Motor Vehicle Safety Standard ####
(1)In general Not later than 2 years after the date of enactment of this Act, the Secretary shall— #####
(A)prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires any commercial motor vehicle subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) that is manufactured after the effective date of the standard prescribed under this subparagraph to be equipped with an automatic emergency braking system; and #####
(B)as part of the standard under subparagraph (A), establish performance requirements for automatic emergency braking systems. ####
(2)Considerations Prior to prescribing the motor vehicle safety standard under paragraph (1)(A), the Secretary shall— #####
(A)conduct a review of automatic emergency braking systems in use in applicable commercial motor vehicles and address any identified deficiencies with respect to those automatic emergency braking systems in the rulemaking proceeding to prescribe the standard, if practicable; and #####
(B)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 any malfunctions or unwarranted activations of those automatic emergency braking systems. ###
(c)Federal Motor Carrier Safety Regulation Not later than 1 year after the date of enactment of this Act, the Secretary shall prescribe 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 manufactured after the effective date of the standard prescribed under subsection (b)(1)(A) that is in operation on or after that date and is subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) be used at any time during which the commercial motor vehicle is in operation. ###
(d)Report on Automatic Emergency Braking in Other Commercial Motor Vehicles ####
(1)Study Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a study on equipping a variety of commercial motor vehicles not subject to section 571.136 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 136) (or a successor regulation) as of that date of enactment with automatic emergency braking systems to avoid or mitigate a collision with an obstacle in the path of the commercial motor vehicle, including an assessment of the feasibility, benefits, and costs associated with installing automatic emergency braking systems on a variety of newly manufactured commercial motor vehicles with a gross vehicle weight rating greater than 10,001 pounds. ####
(2)Independent research If the Secretary enters into a contract with a third party to perform research relating to the study required under paragraph (1), the Secretary shall ensure that the third party does not have any financial or contractual ties to, or relationships with— #####
(A)a motor carrier that transports passengers or property for compensation; #####
(B)the motor carrier industry; or #####
(C)an entity producing or supplying automatic emergency braking systems. ####
(3)Public comment Not later than 90 days after the date on which the study under paragraph
(1)is completed, the Secretary shall— #####
(A)issue a notice in the Federal Register containing the findings of the study; and #####
(B)provide an opportunity for public comment. ####
(4)Report to congress Not later than 90 days after the conclusion of the public comment period under paragraph (3)(B), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committees on Transportation and Infrastructure and Energy and Commerce of the House of Representatives a report that includes— #####
(A)the results of the study under paragraph (1); #####
(B)a summary of any comments received under paragraph (3)(B); and #####
(C)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 that determination. ####
(5)Rulemaking Not later than 2 years after the date on which the study under paragraph
(1)is completed, the Secretary shall— #####
(A)determine whether a motor vehicle safety standard relating to equipping the commercial motor vehicles described in that paragraph with automatic emergency braking systems would meet the requirements and considerations described in subsections
(a)and
(b)of section 30111 of title 49, United States Code; and #####
(B)if the Secretary determines that a motor vehicle safety standard described in subparagraph
(A)would meet the requirements and considerations described in that subparagraph, initiate a rulemaking to prescribe such a motor vehicle safety standard.
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Sec. 23010
AUTOMATIC EMERGENCY BRAKING
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