II 

112TH CONGRESS 

1ST SESSION S. 1499 

To direct the Secretary of Transportation to promulgate a rule to improve 

the daytime and nighttime visibility of agricultural equipment that may 

be operated on a public road. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Ms. KLOBUCHAR (for herself, Mr. THUNE, and Ms. STABENOW) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To direct the Secretary of Transportation to promulgate 

a rule to improve the daytime and nighttime visibility 

of agricultural equipment that may be operated on a 

public road. 

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

3 SECTION 1. RULEMAKING ON VISIBILITY OF AGRICUL4 TURAL EQUIPMENT. 

5 (a) DEFINITIONS.—In this section: 

6 (1) AGRICULTURAL EQUIPMENT.—The term 

7 ‘‘agricultural equipment’’ has the meaning given the 

8 term ‘‘agricultural field equipment’’ in ASABE 


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1 Standard 390.4, entitled ‘‘Definitions and Classifica2 tions of Agricultural Field Equipment’’, which was 

3 published in January 2005 by the American Society 

4 of Agriculture and Biological Engineers, or any suc5 cessor standard. 

6 (2) PUBLIC ROAD.—The term ‘‘public road’’ 

7 has the meaning given such term in section 

8 101(a)(27) of title 23, United States Code. 

9 (b) RULEMAKING.— 

10 (1) IN GENERAL.—Not later than 2 years after 

11 the date of the enactment of this Act, the Secretary 

12 of Transportation, after consultation with represent13 atives of the American Society of Agricultural and 

14 Biological Engineers and appropriate Federal agen15 cies, and with other appropriate persons, shall pro16 mulgate a rule to improve the daytime and nighttime 

17 visibility of agricultural equipment that may be oper18 ated on a public road. 

19 (2) MINIMUM STANDARDS.—The rule promul20 gated pursuant to this subsection shall— 

21 (A) establish minimum lighting and mark22 ing standards for applicable agricultural equip23 ment manufactured at least 1 year after the 

24 date on which such rule is promulgated; and 


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1 (B) provide for the methods, materials, 

2 specifications, and equipment to be employed to 

3 comply with such standards, which shall be 

4 equivalent to ASABE Standard 279.14, entitled 

5 ‘‘Lighting and Marking of Agricultural Equip6 ment on Highways’’, which was published in 

7 July 2008 by the American Society of Agricul8 tural and Biological Engineers, or any successor 

9 standard. 

10 (c) REVIEW.—Not less frequently than once every 5 

11 years, the Secretary of Transportation shall— 

12 (1) review the standards established pursuant 

13 to subsection (b); and 

14 (2) revise such standards to reflect the revision 

15 of ASABE Standard 279 that is in effect at the 

16 time of such review. 

17 (d) LIMITATIONS.— 

18 (1) COMPLIANCE WITH SUCCESSOR STAND19 ARDS.—Any rule promulgated pursuant to this sec20 tion may not prohibit the operation on public roads 

21 of agricultural equipment that is equipped in accord22 ance with any adopted revision of ASABE Standard 

23 279 that is later than the revision of such standard 

24 that was referenced during the promulgation of the 

25 rule. 


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1 (2) NO RETROFITTING REQUIRED.—Any rule 

2 promulgated pursuant to this section may not re3 quire the retrofitting of agricultural equipment that 

4 was manufactured before the date on which the 

5 lighting and marking standards are enforceable 

6 under subsection (b)(2)(A). 

7 (3) NO EFFECT ON ADDITIONAL MATERIALS

8 AND EQUIPMENT.—Any rule promulgated pursuant 

9 to this section may not prohibit the operation on 

10 public roads of agricultural equipment that is 

11 equipped with materials or equipment that are in 

12 addition to the minimum materials and equipment 

13 specified in the standard upon which such rule is 

14 based. 

Æ 


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