PUBLIC LAW 111–373—JAN. 4, 2011 

PEDESTRIAN SAFETY ENHANCEMENT 

ACT OF 2010 


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124 STAT. 4086 PUBLIC LAW 111–373—JAN. 4, 2011 

Public Law 111–373 

111th Congress 

An Act 

To direct the Secretary of Transportation to study and establish a motor vehicle 

safety standard that provides for a means of alerting blind and other pedestrians 

of motor vehicle operation. 

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 ‘‘Pedestrian Safety Enhancement 

Act of 2010’. 

SEC. 2. DEFINITIONS. 

As used in this Act— 

(1) the term ‘‘Secretary’’ means the Secretary of Transportation; 

(2) the term ‘‘alert sound’’ (herein referred to as the 

‘‘sound’’) means a vehicle-emitted sound to enable pedestrians 

to discern vehicle presence, direction, location, and operation; 

(3) the term ‘‘cross-over speed’’ means the speed at which 

tire noise, wind resistance, or other factors eliminate the need 

for a separate alert sound as determined by the Secretary; 

(4) 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 a trailer (as such 

term is defined in section 571.3 of title 49, Code of Federal 

Regulations); 

(5) the term ‘‘conventional motor vehicle’’ means a motor 

vehicle powered by a gasoline, diesel, or alternative fueled 

internal combustion engine as its sole means of propulsion; 

(6) the term ‘‘manufacturer’’ has the meaning given such 

term in section 30102(a)(5) of title 49, United States Code; 

(7) the term ‘‘dealer’’ has the meaning given such term 

in section 30102(a)(1) of title 49, United States Code; 

(8) the term ‘‘defect’’ has the meaning given such term 

in section 30102(a)(2) of title 49, United States Code; 

(9) the term ‘‘hybrid vehicle’’ means a motor vehicle which 

has more than one means of propulsion; and 

(10) the term ‘‘electric vehicle’’ means a motor vehicle with 

an electric motor as its sole means of propulsion. 

SEC. 3. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES. 

(a) RULEMAKING REQUIRED.—Not later than 18 months after 

the date of enactment of this Act the Secretary shall initiate rulemaking, under section 30111 of title 49, United States Code, to 

promulgate a motor vehicle safety standard— 

Deadlines. 

Pedestrian Safety 

Enhancement 

Act of 2010. 

49 USC 30111 

note. 

Jan. 4, 2011 

[S. 841] 


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PUBLIC LAW 111–373—JAN. 4, 2011 124 STAT. 4087 

(1) establishing performance requirements for an alert 

sound that allows blind and other pedestrians to reasonably 

detect a nearby electric or hybrid vehicle operating below the 

cross-over speed, if any; and 

(2) requiring new electric or hybrid vehicles to provide 

an alert sound conforming to the requirements of the motor 

vehicle safety standard established under this subsection. 

The motor vehicle safety standard established under this subsection 

shall not require either driver or pedestrian activation of the alert 

sound and shall allow the pedestrian to reasonably detect a nearby 

electric or hybrid vehicle in critical operating scenarios including, 

but not limited to, constant speed, accelerating, or decelerating. 

The Secretary shall allow manufacturers to provide each vehicle 

with one or more sounds that comply with the motor vehicle safety 

standard at the time of manufacture. Further, the Secretary shall 

require manufacturers to provide, within reasonable manufacturing 

tolerances, the same sound or set of sounds for all vehicles of 

the same make and model and shall prohibit manufacturers from 

providing any mechanism for anyone other than the manufacturer 

or the dealer to disable, alter, replace, or modify the sound or 

set of sounds, except that the manufacturer or dealer may alter, 

replace, or modify the sound or set of sounds in order to remedy 

a defect or non-compliance with the motor vehicle safety standard. 

The Secretary shall promulgate the required motor vehicle safety 

standard pursuant to this subsection not later than 36 months 

after the date of enactment of this Act. 

(b) CONSIDERATION.—When conducting the required rulemaking, the Secretary shall— 

(1) determine the minimum level of sound emitted from 

a motor vehicle that is necessary to provide blind and other 

pedestrians with the information needed to reasonably detect 

a nearby electric or hybrid vehicle operating at or below the 

cross-over speed, if any; 

(2) determine the performance requirements for an alert 

sound that is recognizable to a pedestrian as a motor vehicle 

in operation; and 

(3) consider the overall community noise impact. 

(c) PHASE-IN REQUIRED.—The motor vehicle safety standard 

prescribed pursuant to subsection (a) of this section shall establish 

a phase-in period for compliance, as determined by the Secretary, 

and shall require full compliance with the required motor vehicle 

safety standard for motor vehicles manufactured on or after September 1st of the calendar year that begins 3 years after the 

date on which the final rule is issued. 

(d) REQUIRED CONSULTATION.—When conducting the required 

study and rulemaking, the Secretary shall— 

(1) consult with the Environmental Protection Agency to 

assure that the motor vehicle safety standard is consistent 

with existing noise requirements overseen by the Agency; 

(2) consult consumer groups representing individuals who 

are blind; 

(3) consult with automobile manufacturers and professional 

organizations representing them; 

Determinations. 


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124 STAT. 4088 PUBLIC LAW 111–373—JAN. 4, 2011 

LEGISLATIVE HISTORY—S. 841: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

Dec. 9, considered and passed Senate. 

Dec. 15, 16, considered and passed House. 

Æ 

(4) consult technical standardization organizations responsible for measurement methods such as the Society of Automotive Engineers, the International Organization for Standardization, and the United Nations Economic Commission for 

Europe, World Forum for Harmonization of Vehicle Regulations. 

(e) REQUIRED STUDY AND REPORT TO CONGRESS.—Not later 

than 48 months after the date of enactment of this Act, the Secretary shall complete a study and report to Congress as to whether 

there exists a safety need to apply the motor vehicle safety standard 

required by subsection (a) to conventional motor vehicles. In the 

event that the Secretary determines there exists a safety need, 

the Secretary shall initiate rulemaking under section 30111 of 

title 49, United States Code, to extend the standard to conventional 

motor vehicles. 

SEC. 4. FUNDING. 

Notwithstanding any other provision of law, $2,000,000 of any 

amounts made available to the Secretary of Transportation under 

under section 406 of title 23, United States Code, shall be made 

available to the Administrator of the National Highway Transportation Safety Administration for carrying out section 3 of this Act. 

Approved January 4, 2011. 


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