To require increased safety testing of 15-passenger vans, ensure the compliance of 15-passenger vans used as schoolbuses with motor vehicle safety standards applicable to schoolbuses, and for other purposes.

April 3, 2003

Mr. UDALL of Colorado introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To require increased safety testing of 15-passenger vans, ensure the compliance of 15-passenger vans used as schoolbuses with motor vehicle safety standards applicable to schoolbuses, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Passenger Van Safety Act of 2003'.

SEC. 2. DEFINITIONS.

In this Act:

(1) 15-PASSENGER VAN- The term `15-passenger van' means a van designed or used to carry 9 to 15 passengers, including the driver.

(2) SECRETARY- The term `Secretary' means the Secretary of Transportation.

TITLE I--ENHANCED VAN SAFETY

SEC. 101. DYNAMIC ROLLOVER TESTING PROGRAM.

(a) REQUIREMENT FOR ROLLOVER TESTING- Not later than 2 years after the date of the enactment of this Act, the Secretary shall, under Section 30117(c) of title 49, United States Code--

(1) develop a dynamic test on rollovers by 15-passenger vans for the purposes of a consumer information program; and

(2) carry out a program of conducting such tests.

(b) AMENDMENT- Section 30117(c) of title 49, United States Code, is amended by--

(1) in paragraph (1), striking `Not later than 2 years from the date of the enactment of this subsection,'; and

(2) in paragraph (3), after `or less', inserting `, and to vans designed or used to carry 9 to 15 passengers, including the driver, irrespective of gross vehicle weight rating'.

SEC. 102. NEW CAR ASSESSMENT PROGRAM.

The Secretary shall require the testing of 15-passenger vans at various load condition levels as part of the rollover resistance program of the National Highway Traffic Safety Administration's New Car Assessment Program.

SEC. 103. TESTING AND EVALUATION OF VAN STABILITY TECHNOLOGICAL SYSTEMS.

(a) REQUIREMENT FOR TESTING AND EVALUATION- The Secretary shall test and evaluate various technological systems to determine the effectiveness of such systems in assisting drivers of 15-passenger vans to control the vans under conditions that cause vehicle rollover.

(b) SYSTEMS TESTED- The technological systems tested and evaluated under this section shall include electronic stability control systems, rear-view mirror-based rollover warning systems, traction systems, lane departure systems, and antilock brakes.

(c) CONSULTATION- The Secretary shall consult with manufacturers of 15-passenger vans in the testing and evaluation of technological systems under this section.

SEC. 104. APPLICATION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION REGULATIONS.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a final rule initiated pursuant to the proposed rulemaking published in the Federal Register on January 11, 2001, Docket No. FMCSA-2000-7017, relating to the application of Federal Motor Carrier Safety Regulations to the commercial operation of 15-passenger vans.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title.

TITLE II--APPLICABILITY OF SCHOOL BUS SAFETY STANDARDS

SEC. 201. PROHIBITION ON PURCHASE, RENTAL, OR LEASE OF NONCOMPLYING 15-PASSENGER VANS FOR USE AS SCHOOLBUSES.

(a) PROHIBITION- Section 30112(a) of title 49, United States Code, is amended--

(1) by inserting `(1)' before `Except as provided in this section'; and

(2) by adding at the end the following:

`(2) Except as provided in this section, sections 30113 and 30114 of this title, and subchapter III of this chapter, a person may not purchase, rent, or lease any motor vehicle designed or used to transport 9 to 15 passengers that the person knows or reasonably should know will be used significantly to transport preprimary, primary, and secondary school students to or from school or an event related to school, unless the motor vehicle complies with the motor vehicle standards prescribed for schoolbuses under section 30125 of this title.'.

(b) LIMITATION ON APPLICATION- Subsection (a) shall not apply to any purchase, rental, or lease of a motor vehicle required under a contract entered into before the date of the enactment of this Act.

SEC. 202. PENALTY.

Section 30165(a)(1) of title 49, United States Code, is amended--

(1) by striking `A' before `person' and inserting `(A) Except as provided in subparagraph (B) of this paragraph, a'; and

(2) by adding at the end the following:

`(B) The maximum amount of a civil penalty under this paragraph shall be $25,000, in the case of--

`(i) the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a schoolbus or schoolbus equipment (as those terms are defined in section 30125(a) of this title) in violation of section 30112(a)(1) of this title; or

`(ii) a violation of section 30112(a)(2) of this title.

`(C) Subparagraph (B) does not affect the maximum penalty that may be imposed under subparagraph (A) for a related series of violations.

`(D) Notwithstanding section 3302(b) of title 31, penalties collected under subparagraph (B)--

`(i) shall be credited as offsetting collections to the account that funds the enforcement of subparagraph (B);

`(ii) shall be available for expenditure only to pay the costs of such enforcement; and

`(iii) shall remain available until expended.'.

END