II 

118TH CONGRESS 

2D SESSION S. 4452 

To amend title 23, United States Code, to improve the safety of children 

purchasing food items from frozen dessert trucks. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2024 

Mr. BLUMENTHAL introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend title 23, United States Code, to improve the 

safety of children purchasing food items from frozen 

dessert trucks. 

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 ‘‘Tristan’s Law’’. 

5 SEC. 2. RESERVATION OF FUNDS TO INCREASE SAFETY OF 

6 FROZEN DESSERT TRUCK PATRONS. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) in 2016, more than 20 percent of the 1,233 

9 children killed in traffic crashes were pedestrians; 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 4452 IS

1 (2) frozen dessert trucks present a very specific 

2 hazard for children; 

3 (3) in approaching, or departing from, a frozen 

4 dessert truck— 

5 (A) children may pay little attention to 

6 traffic; and 

7 (B) the truck may screen the children from 

8 driver visibility; 

9 (4) States and units of local government have 

10 issued ordinances to modify the behavior of drivers 

11 in the vicinity of frozen dessert trucks to reduce 

12 speeds and improve the safety of children approach13 ing, or departing from, the trucks; 

14 (5) requiring drivers to come to a complete stop 

15 before passing a frozen dessert truck that is stopped 

16 to vend can reduce safety threats posed to children; 

17 (6) requiring frozen dessert trucks to be 

18 equipped with flashing signal lamps, a stop signal 

19 arm, a convex mirror, and a front crossing arm can 

20 reduce safety threats posed to children visiting the 

21 trucks; and 

22 (7) the Federal Government can play a role in 

23 reducing pedestrian injuries associated with frozen 

24 dessert truck operations. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 4452 IS

1 (b) NATIONAL PRIORITY SAFETY PROGRAMS RES2 ERVATION OF FUNDS.—Section 405 of title 23, United 

3 States Code (as amended by section 24105 of Public Law 

4 117–58 (135 Stat. 795)), is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (7), by striking ‘‘7 per7 cent’’ and inserting ‘‘6 percent’’; 

8 (B) in paragraph (10)— 

9 (i) by striking ‘‘through (9)’’ and in10 serting ‘‘through (10)’’; and 

11 (ii) by striking ‘‘through (i)’’ and in12 serting ‘‘through (j)’’; 

13 (C) by redesignating paragraphs (10) and 

14 (11) as paragraphs (11) and (12), respectively; 

15 and 

16 (D) by inserting after paragraph (9) the 

17 following: 

18 ‘‘(10) SAFETY OF FROZEN DESSERT TRUCK PA19 TRONS.—In each fiscal year, 1 percent of the funds 

20 provided under this section shall be allocated among 

21 States that adopt and implement laws to increase 

22 the safety of frozen dessert truck patrons (as de23 scribed in subsection (j)).’’; and 

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


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 4452 IS

1 ‘‘(j) SAFETY OF FROZEN DESSERT TRUCK PA2 TRONS.— 

3 ‘‘(1) DEFINITION OF FROZEN DESSERT

4 TRUCK.—In this subsection, the term ‘frozen dessert 

5 truck’ means a motor vehicle in which 1 or more fro6 zen desserts (within the meaning of part 135 of title 

7 21, Code of Federal Regulations (or successor regu8 lations)) are carried on the highway for purposes of 

9 retail sale from a door or window of the motor vehi10 cle to an individual consumer at any location. 

11 ‘‘(2) GENERAL AUTHORITY.—Subject to the re12 quirements of this subsection, the Secretary shall 

13 award grants to States for the purpose of estab14 lishing and implementing laws (including regula15 tions) that require frozen dessert trucks to be 

16 equipped as described in paragraph (3). 

17 ‘‘(3) FROZEN DESSERT TRUCK EQUIPMENT.— 

18 For purposes of paragraph (2), a frozen dessert 

19 truck shall be equipped with each of the following: 

20 ‘‘(A) SIGNAL LAMPS.—1 or more signal 

21 lamps that— 

22 ‘‘(i) are mounted— 

23 ‘‘(I) at the same level; and 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 4452 IS

1 ‘‘(II) as high on the frozen des2 sert truck, and as widely spaced lat3 erally, as is practicable; 

4 ‘‘(ii) are not less than 5, and not more 

5 than 7, inches in diameter; and 

6 ‘‘(iii) display 2 alternately flashing red 

7 lights visible at a distance of not less than 

8 500 feet, to the front and rear of the fro9 zen dessert truck, in normal sunlight on a 

10 straight, level highway. 

11 ‘‘(B) STOP SIGNAL ARM.— 

12 ‘‘(i) IN GENERAL.—A stop signal 

13 arm— 

14 ‘‘(I) that can be extended hori15 zontally from the left side of the fro16 zen dessert truck; 

17 ‘‘(II) when extended— 

18 ‘‘(aa) the side nearest the 

19 frozen dessert truck of which 

20 shall be— 

21 ‘‘(AA) 7.25 inches long; 

22 and 

23 ‘‘(BB) parallel to the 

24 side of the frozen dessert 

25 truck; 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 4452 IS

1 ‘‘(bb) the side farthest from 

2 the frozen dessert truck of which 

3 shall be— 

4 ‘‘(AA) 18 inches long; 

5 and 

6 ‘‘(BB) parallel to the 

7 side nearest the frozen des8 sert truck; 

9 ‘‘(cc) the 2 sides of which 

10 shall be 18 inches apart, creating 

11 a symmetrical, trapezoidal shape; 

12 and 

13 ‘‘(dd) the bottom of which 

14 shall be approximately 42 inches 

15 above the street; 

16 ‘‘(III) the outside corners of 

17 which— 

18 ‘‘(aa) when extended, fea19 ture 2 alternately flashing red 

20 lights, each of which shall be— 

21 ‘‘(AA) not less than 3, 

22 and not more than 5, inches 

23 in diameter; and 

24 ‘‘(BB) visible at a dis25 tance of not less than 300 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 4452 IS

1 feet, to the front and rear of 

2 the frozen dessert truck, in 

3 normal sunlight on a 

4 straight, level highway; and 

5 ‘‘(bb) are rounded to con6 form to the shape of the lights 

7 described in item (aa); and 

8 ‘‘(IV) both sides of which shall 

9 feature— 

10 ‘‘(aa) a red, reflectorized 

11 background; and 

12 ‘‘(bb) a legend described in 

13 clause (ii). 

14 ‘‘(ii) DESCRIPTION OF LEGEND.—A 

15 legend referred to in clause (i)(IV)(bb) is 

16 a legend in which— 

17 ‘‘(I) the word ‘STOP’ appears in 

18 6-inch-high white letters, not to ex19 ceed 4 inches in length, in the middle 

20 of the stop signal arm; 

21 ‘‘(II) above the word ‘STOP’, the 

22 phrase ‘IF SAFE’ appears in 2-inch23 high white letters, not to exceed 1.75 

24 inches in length; 


ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 4452 IS

1 ‘‘(III) below the word ‘STOP’, 

2 the phrase ‘THEN GO’ appears in 2- 

3 inch-high white letters, not to exceed 

4 1.75 inches in length; and 

5 ‘‘(IV) the colors (including the 

6 colors of the background) conform to 

7 the requirements described in the 

8 Manual on Uniform Traffic Control 

9 Devices for Streets and Highways 

10 published by the Federal Highway 

11 Administration. 

12 ‘‘(C) MIRROR.—A convex mirror mounted 

13 on the front of the frozen dessert truck in a 

14 manner that ensures that the operator of the 

15 frozen dessert truck, when sitting in a normal 

16 operating seating position, is capable of seeing 

17 the area in front of the frozen dessert truck 

18 that, absent the mirror, would be obscured by 

19 the hood of the frozen dessert truck. 

20 ‘‘(D) FRONT CROSSING ARM.—A front 

21 crossing arm— 

22 ‘‘(i) that is— 

23 ‘‘(I) attached to the front bumper 

24 of the frozen dessert truck; and 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 4452 IS

1 ‘‘(II) hinged from the right side 

2 of the frozen dessert truck; 

3 ‘‘(ii) the bottom of which shall be not 

4 less than 16, and not more than 20, inches 

5 above the street; 

6 ‘‘(iii) that is— 

7 ‘‘(I) made of any durable mate8 rial; and 

9 ‘‘(II) covered with yellow or white 

10 reflective material; and 

11 ‘‘(iv) that extends— 

12 ‘‘(I) in conjunction with the stop 

13 signal arm described in subparagraph 

14 (B); 

15 ‘‘(II) when extended outward in 

16 front of the frozen dessert truck, not 

17 less than 4, and not more than 6, feet 

18 parallel to the street; and 

19 ‘‘(III) when retracted against the 

20 front of the frozen dessert truck, not 

21 past the width of the frozen dessert 

22 truck on the left side of the frozen 

23 dessert truck operator. 

24 ‘‘(4) GRANT AMOUNT.—The allocation of grant 

25 funds to a State under this subsection for a fiscal 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 4452 IS

1 year shall be in proportion to the apportionment of 

2 the State under section 402 for fiscal year 2022. 

3 ‘‘(5) STUDY.— 

4 ‘‘(A) IN GENERAL.—The Secretary shall 

5 conduct a study of— 

6 ‘‘(i) the extent of pedestrian injuries 

7 and fatalities relating to frozen dessert 

8 trucks, including the percentage of those 

9 injuries and fatalities experienced by chil10 dren; 

11 ‘‘(ii) potential countermeasures to 

12 modify the behavior of drivers in the vicin13 ity of frozen dessert trucks to reduce 

14 speeds and improve safety when children 

15 approach the frozen dessert trucks; and 

16 ‘‘(iii) the feasibility of requiring oper17 ators of frozen dessert trucks not to stop 

18 or park the frozen dessert trucks to vend 

19 to a child in any location at which the 

20 child would be required to cross a highway 

21 to approach the frozen dessert truck. 

22 ‘‘(B) COUNTERMEASURES FOR STATES.— 

23 Based on the results of the study under sub24 paragraph (A), the Secretary, acting through 

25 the Administrator of the National Highway 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 4452 IS

1 Traffic Safety Administration, shall issue guid2 ance for State highway safety officers relating 

3 to methods of improving the safety of frozen 

4 dessert trucks and frozen dessert truck patrons. 

5 ‘‘(C) REPORT.—The Secretary shall sub6 mit to the Committee on Commerce, Science, 

7 and Transportation of the Senate and the Com8 mittee on Transportation and Infrastructure of 

9 the House of Representatives a report describ10 ing the results of the study under subparagraph 

11 (A).’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 subsection (b) shall take effect with respect to any grant 

14 application or State highway safety plan submitted under 

15 chapter 4 of title 23, United States Code, for fiscal year 

16 2024 or thereafter. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS