I 

108TH CONGRESS 

1ST SESSION H. R. 1641

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. 

IN THE HOUSE OF REPRESENTATIVES 

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 

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Passenger Van Safety 

5 Act of 2003’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) 15-PASSENGER VAN.—The term ‘‘15-pas2 senger van’’ means a van designed or used to carry 

3 9 to 15 passengers, including the driver. 

4 (2) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Transportation. 

6 TITLE I—ENHANCED VAN 

7 SAFETY 

8 SEC. 101. DYNAMIC ROLLOVER TESTING PROGRAM. 

9 (a) REQUIREMENT FOR ROLLOVER TESTING.—Not 

10 later than 2 years after the date of the enactment of this 

11 Act, the Secretary shall, under Section 30117(c) of title 

12 49, United States Code—

13 (1) develop a dynamic test on rollovers by 15-

14 passenger vans for the purposes of a consumer infor15 mation program; and 

16 (2) carry out a program of conducting such 

17 tests. 

18 (b) AMENDMENT.—Section 30117(c) of title 49, 

19 United States Code, is amended by—

20 (1) in paragraph (1), striking ‘‘Not later than 

21 2 years from the date of the enactment of this sub22 section,’’; and 

23 (2) in paragraph (3), after ‘‘or less’’, inserting 

24 ‘‘, and to vans designed or used to carry 9 to 15 
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1 passengers, including the driver, irrespective of gross 

2 vehicle weight rating’’. 

3 SEC. 102. NEW CAR ASSESSMENT PROGRAM. 

4 The Secretary shall require the testing of 15-pas5 senger vans at various load condition levels as part of the 

6 rollover resistance program of the National Highway Traf7 fic Safety Administration’s New Car Assessment Pro8 gram. 

9 SEC. 103. TESTING AND EVALUATION OF VAN STABILITY 

10 TECHNOLOGICAL SYSTEMS. 

11 (a) REQUIREMENT FOR TESTING AND EVALUA12 TION.—The Secretary shall test and evaluate various tech13 nological systems to determine the effectiveness of such 

14 systems in assisting drivers of 15-passenger vans to con15 trol the vans under conditions that cause vehicle rollover. 

16 (b) SYSTEMS TESTED.—The technological systems 

17 tested and evaluated under this section shall include elec18 tronic stability control systems, rear-view mirror-based 

19 rollover warning systems, traction systems, lane departure 

20 systems, and antilock brakes. 

21 (c) CONSULTATION.—The Secretary shall consult 

22 with manufacturers of 15-passenger vans in the testing 

23 and evaluation of technological systems under this section. 
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1 SEC. 104. APPLICATION OF FEDERAL MOTOR CARRIER 

2 SAFETY ADMINISTRATION REGULATIONS. 

3 Not later than 180 days after the date of the enact4 ment of this Act, the Secretary shall issue a final rule initi5 ated pursuant to the proposed rulemaking published in the 

6 Federal Register on January 11, 2001, Docket No. 

7 FMCSA–2000–7017, relating to the application of Fed8 eral Motor Carrier Safety Regulations to the commercial 

9 operation of 15-passenger vans. 

10 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

11 There are authorized to be appropriated such sums 

12 as may be necessary to carry out the provisions of this 

13 title. 

14 TITLE II—APPLICABILITY OF 

15 SCHOOL BUS SAFETY STAND16 ARDS 

17 SEC. 201. PROHIBITION ON PURCHASE, RENTAL, OR LEASE 

18 OF NONCOMPLYING 15-PASSENGER VANS FOR 

19 USE AS SCHOOLBUSES. 

20 (a) PROHIBITION.—Section 30112(a) of title 49, 

21 United States Code, is amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘Except as pro23 vided in this section’’; and 

24 (2) by adding at the end the following: 

25 ‘‘(2) Except as provided in this section, sections 

26 30113 and 30114 of this title, and subchapter III of this 
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1 chapter, a person may not purchase, rent, or lease any 

2 motor vehicle designed or used to transport 9 to 15 pas3 sengers that the person knows or reasonably should know 

4 will be used significantly to transport preprimary, pri5 mary, and secondary school students to or from school or 

6 an event related to school, unless the motor vehicle com7 plies with the motor vehicle standards prescribed for 

8 schoolbuses under section 30125 of this title.’’. 

9 (b) LIMITATION ON APPLICATION.—Subsection (a) 

10 shall not apply to any purchase, rental, or lease of a motor 

11 vehicle required under a contract entered into before the 

12 date of the enactment of this Act. 

13 SEC. 202. PENALTY. 

14 Section 30165(a)(1) of title 49, United States Code, 

15 is amended—

16 (1) by striking ‘‘A’’ before ‘‘person’’ and insert17 ing ‘‘(A) Except as provided in subparagraph (B) of 

18 this paragraph, a’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(B) The maximum amount of a civil penalty 

21 under this paragraph shall be $25,000, in the case 

22 of—

23 ‘‘(i) the manufacture, sale, offer for sale, 

24 introduction or delivery for introduction into 

25 interstate commerce, or importation of a school-
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1 bus or schoolbus equipment (as those terms are 

2 defined in section 30125(a) of this title) in vio3 lation of section 30112(a)(1) of this title; or 

4 ‘‘(ii) a violation of section 30112(a)(2) of 

5 this title. 

6 ‘‘(C) Subparagraph (B) does not affect the 

7 maximum penalty that may be imposed under sub8 paragraph (A) for a related series of violations. 

9 ‘‘(D) Notwithstanding section 3302(b) of title 

10 31, penalties collected under subparagraph (B)—

11 ‘‘(i) shall be credited as offsetting collec12 tions to the account that funds the enforcement 

13 of subparagraph (B); 

14 ‘‘(ii) shall be available for expenditure only 

15 to pay the costs of such enforcement; and 

16 ‘‘(iii) shall remain available until ex17 pended.’’.

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