§ 30111. Standards

§ 30111. Standards

(a) General Requirements.— The Secretary of Transportation shall prescribe motor vehicle safety standards. Each standard shall be practicable, meet the need for motor vehicle safety, and be stated in objective terms.

(b) Considerations and Consultation.— When prescribing a motor vehicle safety standard under this chapter, the Secretary shall—

(1) consider relevant available motor vehicle safety information;

(2) consult with the agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635), and other appropriate State or interstate authorities (including legislative committees);

(3) consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of motor vehicle or motor vehicle equipment for which it is prescribed; and

(4) consider the extent to which the standard will carry out section 30101 of this title.

(c) Cooperation.— The Secretary may advise, assist, and cooperate with departments, agencies, and instrumentalities of the United States Government, States, and other public and private agencies in developing motor vehicle safety standards.

(d) Effective Dates of Standards.— The Secretary shall specify the effective date of a motor vehicle safety standard prescribed under this chapter in the order prescribing the standard. A standard may not become effective before the 180th day after the standard is prescribed or later than one year after it is prescribed. However, the Secretary may prescribe a different effective date after finding, for good cause shown, that a different effective date is in the public interest and publishing the reasons for the finding.

(e) 5-Year Plan for Testing Standards.— The Secretary shall establish and periodically review and update on a continuing basis a 5-year plan for testing motor vehicle safety standards prescribed under this chapter that the Secretary considers capable of being tested. In developing the plan and establishing testing priorities, the Secretary shall consider factors the Secretary considers appropriate, consistent with section 30101 of this title and the Secretary’s other duties and powers under this chapter. The Secretary may change at any time those priorities to address matters the Secretary considers of greater priority. The initial plan may be the 5-year plan for compliance testing in effect on December 18, 1991.

(f) Motor Vehicle Safety Guidelines.—

(1) In general.— No guidelines issued by the Secretary with respect to motor vehicle safety shall confer any rights on any person, State, or locality, nor shall operate to bind the Secretary or any person to the approach recommended in such guidelines. In any enforcement action with respect to motor vehicle safety, the Secretary shall allege a violation of a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation. The Secretary may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate a provision of this subtitle, a motor vehicle safety standard issued under this subtitle, or another relevant statute or regulation.

(2) Rule of construction.— Nothing in this subsection shall be construed to confer any authority upon or negate any authority of the Secretary to issue guidelines under this chapter.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 944; Pub. L. 114–94, div. B, title XXIV, § 24406, Dec. 4, 2015, 129 Stat. 1725.)

In subsection (a), the words “shall prescribe” are substituted for “shall establish by order” in 15:1392(a) and “may by order” in 15:1392(e) (1st sentence) for consistency. The words “amend or revoke” in 15:1392(e) (1st sentence) and 1397(b)(1) (last sentence) are omitted because they are included in “prescribe”. The words “appropriate Federal” in 15:1392(a) and “Federal” in 15:1392(e) (1st sentence) are omitted as surplus. The words “established under this section” are omitted because of the restatement. The text of 15:1392(b) is omitted as surplus because 5:chs. 5, subch. II, and 7 apply unless otherwise stated.

In subsection (b)(1), the words “including the results of research, development, testing and evaluation activities conducted pursuant to this chapter” are omitted as surplus.

In subsection (b)(2), the words “agency established under the Act of August 20, 1958 (Public Law 85–684, 72 Stat. 635)” are substituted for 15:1391(13) and “the Vehicle Equipment Safety Commission” in 15:1392(f) because of the restatement. The citation in parenthesis is included only for information purposes.

In subsection (b)(4), the words “contribute to” are omitted as surplus.

In subsection (c), the words “departments, agencies, and instrumentalities of the United States Government, States, and other public and private agencies” are substituted for “other Federal departments and agencies, and State and other interested public and private agencies” for consistency. The words “planning and” are omitted as surplus.

In subsection (d), the words “The Secretary” are added for clarity. The words “effective date” are substituted for “the date . . . is to take effect” to eliminate unnecessary words. The words “under this chapter” are added for clarity. The words “However, the Secretary may prescribe a different effective date” are substituted for “unless the Secretary” for clarity. The word “different” is substituted for “earlier or later” to eliminate unnecessary words.

In subsection (e), the words “duties and powers” are substituted for “responsibilities”, and the word “change” is substituted for “adjust”, and for clarity and consistency in the revised title.

Editorial Notes

References in Text

Act of August 20, 1958, referred to in subsec. (b)(2), is set out as a note under former section 313 of Title 23, Highways.

Amendments

2015—Subsec. (f). Pub. L. 114–94 added subsec. (f).

Statutory Notes and Related Subsidiaries

Underride Protection

Pub. L. 117–58, div. B, title III, § 23011, Nov. 15, 2021, 135 Stat. 768, provided that: “(a) Definitions.—In this section:“(1) Committee.—The term ‘Committee’ means the Advisory Committee on Underride Protection established under subsection (d)(1). “(2) Motor carrier.—The term ‘motor carrier’ has the meaning given the term in section 13102 of title 49, United States Code. “(3) Passenger motor vehicle.—The term ‘passenger motor vehicle’ has the meaning given the term in section 32101 of title 49, United States Code. “(4) Underride crash.—The term ‘underride crash’ means a crash in which a trailer or semitrailer intrudes into the passenger compartment of a passenger motor vehicle. “(b) Rear Underride Guards.—“(1) Trailers and semitrailers.—“(A) In general.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall promulgate such regulations as are necessary to revise sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively), to require trailers and semitrailers manufactured after the date on which those regulations are promulgated to be equipped with rear impact guards that are designed to prevent passenger compartment intrusion from a trailer or semitrailer when a passenger motor vehicle traveling at 35 miles per hour makes—“(i) an impact in which the passenger motor vehicle impacts the center of the rear of the trailer or semitrailer; “(ii) an impact in which 50 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer; and “(iii) an impact in which 30 percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer, if the Secretary determines that a revision of sections 571.223 and 571.224 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Numbers 223 and 224, respectively) to address such an impact would meet the requirements and considerations described in subsections (a) and (b) of section 30111 of title 49, United States Code. “(B) Effective date.—The regulations promulgated under subparagraph (A) shall require full compliance with each Federal Motor Vehicle Safety Standard revised pursuant to those regulations not later than 2 years after the date on which those regulations are promulgated. “(2) Additional research.—The Secretary shall conduct additional research on the design and development of rear impact guards that can—“(A) prevent underride crashes in cases in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour; and “(B) protect passengers in passenger motor vehicles against severe injury in crashes in which the passenger motor vehicle is traveling at speeds of up to 65 miles per hour. “(3) Review of standards.—Not later than 5 years after the date on which the regulations under paragraph (1)(A) are promulgated, the Secretary shall—“(A) review the Federal Motor Vehicle Safety Standards revised pursuant to those regulations and any other requirements of those regulations relating to rear underride guards on trailers or semitrailers to evaluate the need for changes in response to advancements in technology; and “(B) update those Federal Motor Vehicle Safety Standards and those regulations accordingly. “(4) Inspections.—“(A) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as are necessary to revise the regulations relating to minimum periodic inspection standards under appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, and the regulations relating to driver vehicle inspection reports under section 396.11 of that title to include requirements relating to rear impact guards and rear end protection that are consistent with the requirements described in section 393.86 of that title. “(B) Considerations.—In revising the regulations described in subparagraph (A), the Secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing an, or has a corroded or compromised, element that affects the structural integrity and protective feature of the rear impact guard. “(c) Side Underride Guards.—“(1) In general.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall—“(A) complete additional research on side underride guards to better understand the overall effectiveness of side underride guards; “(B) assess the feasibility, benefits, and costs of, and any impacts on intermodal equipment, freight mobility (including port operations), and freight capacity associated with, installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more; “(C) consider the unique structural and operational aspects of—“(i) intermodal chassis (as defined in section 340.2 of title 46, Code of Federal Regulations; and “(ii) pole trailers (as defined in section 390.5 of title 49, Code of Federal Regulations; and “(D) if warranted, develop performance standards for side underride guards. “(2) Independent research.—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 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 underride guards. “(3) Publication of assessment.—Not later than 90 days after completion of the assessment required under paragraph (1)(B), the Secretary shall—“(A) issue a notice in the Federal Register containing the findings of the assessment; 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 Committee on Transportation and Infrastructure of the House of Representatives a report that includes—“(A) the results of the assessment under paragraph (1)(B); “(B) a summary of any comments received by the Secretary under paragraph (3)(B); and “(C) a determination as to whether the Secretary intends to develop performance requirements for side underride guards, including any analysis that led to that determination. “(d) Advisory Committee on Underride Protection.—“(1) Establishment.—The Secretary shall establish an Advisory Committee on Underride Protection to provide advice and recommendations to the Secretary on safety regulations to reduce underride crashes and fatalities relating to underride crashes. “(2) Membership.—“(A) In general.—The Committee shall be composed of not more than 20 members, appointed by the Secretary, who—“(i) are not employees of the Department [of Transportation]; and “(ii) are qualified to serve on the Committee because of their expertise, training, or experience. “(B) Representation.—The Committee shall include 2 representatives of each of the following:“(i) Truck and trailer manufacturers. “(ii) Motor carriers, including independent owner-operators. “(iii) Law enforcement. “(iv) Motor vehicle engineers. “(v) Motor vehicle crash investigators. “(vi) Truck safety organizations. “(vii) The insurance industry. “(viii) Emergency medical service providers. “(ix) Families of underride crash victims. “(x) Labor organizations. “(3) Compensation.—Members of the Committee shall serve without compensation. “(4) Meetings.—The Committee shall meet not less frequently than annually. “(5) Support.—On request of the Committee, the Secretary shall provide information, administrative services, and supplies necessary for the Committee to carry out the duties of the Committee. “(6) Report.—The Committee shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a biennial report that—“(A) describes the advice and recommendations made to the Secretary; and “(B) includes an assessment of progress made by the Secretary in advancing safety regulations relating to underride crashes. “(e) Data Collection.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall implement the recommendations described in the report of the Government Accountability Office entitled ‘Truck Underride Guards: Improved Data Collection, Inspections, and Research Needed’, published on March 14, 2019, and numbered GAO–19–264.”

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