[110th Congress Public Law 189]
[From the U.S. Government Printing Office]
[DOCID: f:publ189.110]
[[Page 122 STAT. 639]]
Public Law 110-189
110th Congress
An Act
To direct the Secretary of Transportation to issue regulations to reduce
the incidence of child injury and death occurring inside or outside of
light motor vehicles, and for other purposes. <<NOTE: Feb. 28,
2008 - [H.R. 1216]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Cameron
Gulbransen Kids Transportation Safety Act of 2007.>>
SECTION 1. <<NOTE: 49 USC 30111 note.>> SHORT TITLE.
This Act may be cited as the ``Cameron Gulbransen Kids
Transportation Safety Act of 2007'' or the ``K.T. Safety Act of 2007''.
SEC. 2. <<NOTE: 49 USC 30111 note.>> RULEMAKING REGARDING CHILD
SAFETY.
(a) Power Window Safety.--
(1) <<NOTE: Deadline.>> Consideration of rule.--Not later
than 18 months after the date of the enactment of this Act, the
Secretary of Transportation (referred to in this Act as the
``Secretary'') shall initiate a rulemaking to consider
prescribing or amending Federal motor vehicle safety standards
to require power windows and panels on motor vehicles to
automatically reverse direction when such power windows and
panels detect an obstruction to prevent children and others from
being trapped, injured, or killed.
(2) Deadline for decision.--If the Secretary determines such
safety standards are reasonable, practicable, and appropriate,
the Secretary shall prescribe, under section 30111 of title 49,
United States Code, the safety standards described in paragraph
(1) not later than 30 months after the date of enactment of this
Act. If the Secretary determines that no additional safety
standards are reasonable, practicable, and appropriate, the
Secretary shall--
(A) <<NOTE: Reports.>> not later than 30 months
after the date of enactment of this Act, transmit a
report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate describing the
reasons such standards were not prescribed; and
(B) <<NOTE: Public information. Website.>> publish
and otherwise make available to the public through the
Internet and other means (such as the ``Buying a Safer
Car'' brochure) information regarding which vehicles are
or are not equipped with power windows and panels that
automatically reverse direction when an obstruction is
detected.
(b) <<NOTE: Deadlines.>> Rearward Visibility.--Not later than 12
months after the date of the enactment of this Act, the Secretary shall
initiate a rulemaking to revise Federal Motor Vehicle Safety Standard
[[Page 122 STAT. 640]]
111 (FMVSS 111) to expand the required field of view to enable the
driver of a motor vehicle to detect areas behind the motor vehicle to
reduce death and injury resulting from backing incidents, particularly
incidents involving small children and disabled persons. The Secretary
may prescribe different requirements for different types of motor
vehicles to expand the required field of view to enable the driver of a
motor vehicle to detect areas behind the motor vehicle to reduce death
and injury resulting from backing incidents, particularly incidents
involving small children and disabled persons. Such standard may be met
by the provision of additional mirrors, sensors, cameras, or other
technology to expand the driver's field of view. The Secretary shall
prescribe final standards pursuant to this subsection not later than 36
months after the date of enactment of this Act.
(c) Phase-In Period.--
(1) <<NOTE: Deadline.>> Phase-in period required.--The
safety standards prescribed pursuant to subsections (a) and (b)
shall establish a phase-in period for compliance, as determined
by the Secretary, and require full compliance with the safety
standards not later than 48 months after the date on which the
final rule is issued.
(2) Phase-in priorities.--In establishing the phase-in
period of the rearward visibility safety standards required
under subsection (b), the Secretary shall consider whether to
require the phase-in according to different types of motor
vehicles based on data demonstrating the frequency by which
various types of motor vehicles have been involved in backing
incidents resulting in injury or death. If the Secretary
determines that any type of motor vehicle should be given
priority, the Secretary shall issue regulations that specify--
(A) which type or types of motor vehicles shall be
phased-in first; and
(B) the percentages by which such motor vehicles
shall be phased-in.
(d) Preventing Motor Vehicles From Rolling Away.--
(1) Requirement.--Each motor vehicle with an automatic
transmission that includes a ``park'' position manufactured for
sale after September 1, 2010, shall be equipped with a system
that requires the service brake to be depressed before the
transmission can be shifted out of ``park''. This system shall
function in any starting system key position in which the
transmission can be shifted out of ``park''.
(2) Treatment as motor vehicle safety standard.--A violation
of paragraph (1) shall be treated as a violation of a motor
vehicle safety standard prescribed under section 30111 of title
49, United States Code, and shall be subject to enforcement by
the Secretary under chapter 301 of such title.
(3) Publication of noncompliant vehicles.--
(A) <<NOTE: Deadline.>> Information submission.--Not
later than 60 days after the date of the enactment of
this Act, for the current model year and annually
thereafter through 2010, each motor vehicle manufacturer
shall transmit to the Secretary the make and model of
motor vehicles with automatic transmissions that include
a ``park'' position that do not comply with the
requirements of paragraph (1).
[[Page 122 STAT. 641]]
(B) <<NOTE: Deadline. Public
information. Website.>> Publication.--Not later than 30
days after receiving the information submitted under
subparagraph (A), the Secretary shall publish and
otherwise make available to the public through the
Internet and other means the make and model of the
applicable motor vehicles that do not comply with the
requirements of paragraph (1). Any motor vehicle not
included in the publication under this subparagraph
shall be presumed to comply with such requirements.
(e) Definition of Motor Vehicle.--As used in this Act and for
purposes of the motor vehicle safety standards described in subsections
(a) and (b), the term ``motor vehicle'' has the meaning given such term
in section 30102(a)(6) of title 49, United States Code, except that such
term shall not include--
(1) a motorcycle or trailer (as such terms are defined in
section 571.3 of title 49, Code of Federal Regulations); or
(2) any motor vehicle that is rated at more than 10,000
pounds gross vehicular weight.
(f) Database on Injuries and Deaths in Nontraffic, Noncrash
Events.--
(1) <<NOTE: Deadline.>> In general.--Not later than 12
months after the date of the enactment of this Act, the
Secretary shall establish and maintain a database of injuries
and deaths in nontraffic, noncrash events involving motor
vehicles.
(2) Contents.--The database established pursuant to
paragraph (1) shall include information regarding--
(A) the number, types, and causes of injuries and
deaths resulting from the events described in paragraph
(1);
(B) the make, model, and model year of motor
vehicles involved in such events, when practicable; and
(C) other variables that the Secretary determines
will enhance the value of the database.
(3) <<NOTE: Public information. Website.>> Availability.--
The Secretary shall make the information contained in the
database established pursuant to paragraph (1) available to the
public through the Internet and other means.
SEC. 3. <<NOTE: 49 USC 30111 note.>> CHILD SAFETY INFORMATION
PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than 9 months after
the date of the enactment of this Act, the Secretary shall provide
information about hazards to children in nontraffic, noncrash incident
situations by--
(1) supplementing an existing consumer information program
relating to child safety; or
(2) creating a new consumer information program relating to
child safety.
(b) Program Requirements.--In carrying out the program under
subsection (a), the Secretary shall--
(1) utilize information collected pursuant to section 2(f)
regarding nontraffic, noncrash injuries, and other relevant data
the Secretary considers appropriate, to establish priorities for
the program;
(2) address ways in which parents and caregivers can reduce
risks to small children arising from back over incidents,
hyperthermia in closed motor vehicles, accidental actuation
[[Page 122 STAT. 642]]
of power windows, and any other risks the Secretary determines
should be addressed; and
(3) <<NOTE: Public information. Website.>> make information
related to the program available to the public through the
Internet and other means.
SEC. 4. <<NOTE: 49 USC 30111 note.>> DEADLINES.
If the Secretary determines that the deadlines applicable under this
Act cannot be met, the Secretary shall--
(1) establish new deadlines; and
(2) <<NOTE: Notification.>> notify the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate of the
new deadlines and describing the reasons the deadlines specified
under this Act could not be met.
Approved February 28, 2008.
LEGISLATIVE HISTORY--H.R. 1216:
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CONGRESSIONAL RECORD:
Vol. 153 (2007):
Dec. 19, considered and passed
House.
Vol. 154 (2008):
Feb. 14, considered and passed
Senate.
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