II 

115TH CONGRESS 

1ST SESSION S. 2219 

To reduce the number of preventable deaths and injuries caused by underride 

crashes, to improve motor carrier and passenger motor vehicle safety, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2017 

Mrs. GILLIBRAND (for herself, Mr. RUBIO, and Mr. NELSON) introduced the 

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

Commerce, Science, and Transportation 

A BILL 

To reduce the number of preventable deaths and injuries 

caused by underride crashes, to improve motor carrier 

and passenger motor vehicle safety, 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 ‘‘Stop Underrides Act 

5 of 2017’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) Underride crashes involving passenger 

2 motor vehicles striking and traveling underneath a 

3 truck or trailer are a significant public health and 

4 safety threat. 

5 (2) The National Highway Traffic Safety Ad6 ministration has reported that hundreds of prevent7 able fatalities and life-threatening injuries have oc8 curred as a result of underride crashes. 

9 (3) The National Transportation Safety Board 

10 has recommended the installation of rear, side, and 

11 front underride guards on tractor-trailers to improve 

12 passenger motor vehicle safety. 

13 (4) This bill is introduced in the memory of the 

14 thousands of victims of underride crashes, includ15 ing— 

16 (A) Roya Christine Sadigh, AnnaLeah 

17 Karth, Mary Lydia Karth, Roderick Cota, 

18 Moonjohn Kim, Corey Moore, Gregg Williams, 

19 Guy Champ Crawford, Carl Hall, Michael 

20 Higginbotham, Sandra Maddamma, David 

21 Mathis, Mary Katherine Mathis, James Moon22 ey, Christopher Weigl, Bill Zink, David 

23 Magnan, Jasen Swift, Samuel Sierra, Brittany 

24 McHargue, Christopher Samuel Padilla, and 

25 Edward Hall; 


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1 (B) those whose catastrophic injuries dra2 matically changed their lives, including Julie 

3 Magnan, Nancy Meuleners, Joshua Rojas, Maiv 

4 Yang, and Anita Plantage Bomgaars; and 

5 (C) those whose precious lives were cut far 

6 too short as a result of preventable underride 

7 crashes. 

8 (b) PURPOSE.—The purpose of this Act is— 

9 (1) to reduce the number of preventable deaths 

10 and injuries caused by underride crashes; and 

11 (2) to improve motor carrier and passenger 

12 motor vehicle safety. 

13 SEC. 3. DEFINITIONS. 

14 Section 30102(a) of title 49 is amended— 

15 (1) by redesignating paragraphs (5), (6), (7), 

16 (8), (9), (10), (11), (12), and (13) as paragraphs 

17 (6), (7), (8), (9), (10), (11), (14), (19), and (21), 

18 respectively; 

19 (2) by inserting after paragraph (4) the fol20 lowing: 

21 ‘‘(5) ‘front underride guard’ means a device in22 stalled on or near the front of a motor vehicle that 

23 limits the distance that a vehicle struck in the rear 

24 by the vehicle with the device will slide under the 

25 front of the striking vehicle.’’; 


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1 (3) by inserting after paragraph (11), as redes2 ignated, the following: 

3 ‘‘(12) ‘passenger motor vehicle’ has the mean4 ing given that term in section 32101. 

5 ‘‘(13) ‘rear underride guard’ means a device in6 stalled on or near the rear of a motor vehicle that 

7 limits the distance that the front end of a vehicle 

8 striking the rear of the vehicle with the device will 

9 slide under the rear of the impacted vehicle.’’; 

10 (4) by inserting after paragraph (14), as redes11 ignated, the following: 

12 ‘‘(15) ‘Secretary’ means the Secretary of Trans13 portation. 

14 ‘‘(16) ‘semi-trailer’ means a trailer, other than 

15 a pole trailer, which is designed to rest upon, or be 

16 carried by, a motor vehicle. 

17 ‘‘(17) ‘side underride guard’ means a device in18 stalled on or near the side of a motor vehicle that 

19 limits the distance that the front end of a vehicle 

20 striking the side of the vehicle with the device will 

21 slide under the side of the impacted vehicle. 

22 ‘‘(18) ‘single unit truck’ means a truck with a 

23 gross vehicle weight rating greater than 10,000 

24 pounds (excluding any attached trailer).’’; and 


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1 (5) by inserting after paragraph (19), as redes2 ignated, the following: 

3 ‘‘(20) ‘trailer’ means a vehicle, with or without 

4 motive power, which is designed— 

5 ‘‘(A) to carry persons or property; and 

6 ‘‘(B) to be drawn by a motor vehicle.’’. 

7 SEC. 4. UNDERRIDE GUARD RULEMAKING. 

8 (a) IN GENERAL.—Subchapter II of chapter 301 of 

9 title 49, United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘§ 30129. Underride guards 

12 ‘‘(a) REAR UNDERRIDE GUARDS.— 

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 the date of the enactment of this section, the Sec15 retary shall issue a final rule to require the installa16 tion of rear underride guards that meet the perform17 ance standards described in paragraph (2) on all 

18 trailers, semi-trailers, and single unit trucks with a 

19 gross vehicle weight rating of more than 10,000 

20 pounds that are manufactured on or after the effec21 tive date of the rule. 

22 ‘‘(2) PERFORMANCE STANDARDS.—A rear 

23 underride guard shall be considered to meet the per24 formance standard referred to in paragraph (1) if a 

25 passenger motor vehicle traveling at 35 miles per 


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1 hour is prevented, as verified through crash testing 

2 while attached to a trailer, from moving underneath 

3 the rear of a trailer, semi-trailer, or single unit truck 

4 on which the rear underride guard has been installed 

5 after— 

6 ‘‘(A) an impact in which the passenger ve7 hicle impacts the center of the rear of the trail8 er, semi-trailer, or single unit truck; 

9 ‘‘(B) an impact in which 50 percent the 

10 width of the passenger vehicle overlaps the rear 

11 of the trailer, semi-trailer, or single unit truck; 

12 and 

13 ‘‘(C) an impact in which 30 percent of the 

14 width of the passenger vehicle overlaps the rear 

15 of the trailer, semi-trailer, or single unit truck. 

16 ‘‘(3) RETROFIT REQUIREMENTS.—Not later 

17 than 2 years after the date of the enactment of this 

18 section, the Secretary shall issue a final rule requir19 ing the installation of rear underride guards de20 scribed in paragraph (1) on all trailers, semi-trailers, 

21 and single unit trucks with a gross vehicle weight 

22 rating of more than 10,000 pounds that are manu23 factured before the effective date of the rule required 

24 by paragraph (1). 

25 ‘‘(4) COMPLIANCE DATES.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), compliance with each of the 

3 rules issued by the Secretary under paragraphs 

4 (1) and (3) shall be required beginning 1 year 

5 after the date on which the final rule is pub6 lished in the Federal Register. 

7 ‘‘(B) PHASE-IN.—The Secretary may per8 mit a phase-in period (not to exceed 2 years) 

9 for the installation of rear underride guards on 

10 trailers, semi-trailers, and single unit trucks de11 scribed in paragraph (3). 

12 ‘‘(b) SIDE UNDERRIDE GUARDS.— 

13 ‘‘(1) IN GENERAL.—Not later than 1 year after 

14 the date of the enactment of this section, the Sec15 retary shall issue a final rule requiring the installa16 tion of side underride guards that meet the perform17 ance standards described in paragraph (3) on all 

18 trailers, semi-trailers, and single unit trucks with a 

19 gross vehicle rating of more than 10,000 pounds 

20 manufactured on or after the effective date of the 

21 rule. 

22 ‘‘(2) RETROFIT REQUIREMENTS.—Not later 

23 than 2 years after the date of the enactment of this 

24 section, the Secretary shall issue a final rule requir25 ing all trailers, semi-trailers, and single unit trucks 


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1 with a gross vehicle rating of more than 10,000 

2 pounds manufactured before the effective date of the 

3 rule required by paragraph (1) to be equipped with 

4 side underride guards that meet the performance 

5 standards described in paragraph (3). 

6 ‘‘(3) PERFORMANCE STANDARDS.—A side 

7 underride guard meets the performance standards 

8 described in this paragraph if the side underride 

9 guard is able to prevent intrusion from the body or 

10 frame of a vehicle described in paragraph (1) into 

11 the passenger compartment of a passenger motor ve12 hicle that contacts the guard while traveling 35 

13 miles per hour at any angle between 10 degrees and 

14 90 degrees. 

15 ‘‘(4) COMPLIANCE DATES.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraph (B), compliance with each of the 

18 rules issued by the Secretary under paragraphs 

19 (1) and (2) shall be required beginning on the 

20 date that is 1 year after the respective issuance 

21 date of each such rule. 

22 ‘‘(B) PHASE-IN.—The Secretary may per23 mit a phase-in period, not to exceed 3 years, 

24 pursuant to paragraph (2) for the installation 


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1 of side underride guards on trailers and semi2 trailers described in that paragraph. 

3 ‘‘(c) FRONT UNDERRIDE GUARDS.— 

4 ‘‘(1) RULE REQUIRED.—Not later than 2 years 

5 after the date of the enactment of this section, the 

6 Secretary shall issue a final rule requiring all com7 mercial motor vehicles with a gross vehicle weight 

8 rating of more than 10,000 pounds manufactured on 

9 or after the effective date of the rule to be equipped 

10 with front underride guards. 

11 ‘‘(2) REPORT.—Not later than 1 year after the 

12 date of enactment of this section, the Secretary 

13 shall— 

14 ‘‘(A) complete research on equipping com15 mercial motor vehicles with a gross weight rat16 ing of more than 10,000 pounds with a front 

17 underride guard to prevent trucks from over18 riding the passenger vehicle; and 

19 ‘‘(B) submit to the Committee on Com20 merce, Science, and Transportation of the Sen21 ate and the Committees on Transportation and 

22 Infrastructure and Energy and Commerce of 

23 the House of Representatives a report on the 

24 research described in subparagraph (A). 


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1 ‘‘(3) RETROFIT REQUIREMENTS.—Not later 

2 than 3 years after the date of the enactment of this 

3 section, the Secretary shall issue a rule requiring all 

4 commercial motor vehicles with a gross vehicle 

5 weight rating of more than 10,000 pounds to be 

6 equipped with a front underride guard. 

7 ‘‘(4) COMPLIANCE DATES.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), compliance with each of the 

10 rules issued by the Secretary under paragraphs 

11 (1) and (3) shall be required beginning on the 

12 date that is 1 year after the respective issuance 

13 date of each such rule. 

14 ‘‘(B) PHASE-IN.—The Secretary may per15 mit a phase-in period (not to exceed 3 years) 

16 pursuant to paragraph (3) for the installation 

17 of front underride guards on commercial motor 

18 vehicles. 

19 ‘‘(d) MAINTENANCE REQUIREMENTS.— 

20 ‘‘(1) REVISED STANDARD.— 

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

22 require that the underride guard required under 

23 this section be maintained in safe and proper 

24 operating condition to maximize its effective25 ness in saving lives. 


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1 ‘‘(B) PERIODIC INSPECTIONS.—The Sec2 retary shall require periodic inspections of the 

3 comprehensive underride protection system in 

4 trailers, semi-trailers, and single unit trucks to 

5 ensure that the guards are in safe and proper 

6 operating condition, including identification of 

7 any rust, corrosion, cracked welds, cracked or 

8 fractured vertical members, cuts, or tears in 

9 any underride guard to ensure the integrity of 

10 the guard. 

11 ‘‘(C) EFFECT OF INSPECTION RESULTS.— 

12 ‘‘(i) PASSING.—In carrying out sub13 paragraph (B), the Secretary shall— 

14 ‘‘(I) authorize motor vehicles that 

15 pass the inspection described in sub16 paragraph (B) to display a Commer17 cial Vehicle Safety Alliance Inspection 

18 Decal, which shall be valid for 3 

19 months; and 

20 ‘‘(II) permit the reinspection of 

21 motor vehicles. 

22 ‘‘(ii) NOT PASSING.—The Secretary 

23 shall— 

24 ‘‘(I) require that any motor vehi25 cle that does not pass the inspection 


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1 described in subparagraph (B) be 

2 issued an Out of Service violation and 

3 bear an Out of Service Vehicle sticker; 

4 and 

5 ‘‘(II) require the vehicle owner or 

6 lessor— 

7 ‘‘(aa) to pay a fine; and 

8 ‘‘(bb) to repair or replace 

9 equipment, as necessary, so that 

10 the comprehensive underride pro11 tection system is in safe and 

12 proper operating condition at all 

13 times before a driver may operate 

14 the vehicle. 

15 ‘‘(2) INSPECTIONS AND REPAIRS.— 

16 ‘‘(A) POST-ACCIDENT INSPECTIONS.—To 

17 ensure that underride guards are maintained in 

18 safe and proper operating condition at all times, 

19 the Secretary shall require— 

20 ‘‘(i) the inspection of underride 

21 guards immediately following a crash that 

22 impacts an underride guard; and 

23 ‘‘(ii) the owner or lessor of the vehicle 

24 involved in such crash to inspect and re25 pair or replace the underride guard so that 


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1 it is in safe and proper operating condition 

2 at all times before the vehicle is allowed to 

3 be driven. 

4 ‘‘(B) PRE-TRIP INSPECTIONS.—The Sec5 retary shall require drivers— 

6 ‘‘(i) to conduct a pre-trip inspection of 

7 the comprehensive underride protection 

8 system of their trailer, semi-trailer, or sin9 gle unit truck to identify any rust, corro10 sion, cracked welds, cracked or fractured 

11 vertical members, cuts and tears in any 

12 underride guard, and to ensure the dimen13 sional integrity of such guards; 

14 ‘‘(ii) to include the results of the in15 spection described in clause (i) in the driv16 er vehicle inspection report; and 

17 ‘‘(iii) to complete any necessary re18 pairs to, or replacement of, the underride 

19 protection system before the vehicle is op20 erated.’’. 

21 (b) CLERICAL AMENDMENT.—The chapter analysis 

22 for chapter 301 of title 49, United States Code, is amend23 ed by striking the item relating to section 30128 and in24 serting the following: 

‘‘30128. Vehicle rollover prevention and crash mitigation. 

‘‘30129. Underride guards.’’. 


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1 (c) RULEMAKINGS.—The Secretary shall amend— 

2 (1) section 396.17 of title 49, Code of Federal 

3 Regulations, and appendix G to subchapter B of 

4 chapter III of that title, in accordance with section 

5 30129(d)(1)(B) of title 49, United States Code (as 

6 added by subsection (a)); 

7 (2) section 398.8 of title 49, Code of Federal 

8 Regulations, by revising Form MCS 64 in accord9 ance with section 30129(d)(1)(C)(ii) of title 49, 

10 United States Code (as added by subsection (a)); 

11 (3) section 396.11 of title 49, Code of Federal 

12 Regulations, in accordance with section 

13 30129(d)(2)(B) of title 49, United States Code (as 

14 added by subsection (a)); and 

15 (4) appendix G to subchapter B of chapter III 

16 of title 49, Code of Federal Regulations— 

17 (A) by redesignating paragraphs 6 through 

18 14 as paragraphs 7 through 15, respectively; 

19 and 

20 (B) by inserting after paragraph 5 the fol21 lowing: 

22 ‘‘(6) REAR IMPACT GUARDS AND REAR END

23 PROTECTION.—Any trailer or semitrailer required 

24 under section 393.86 to be equipped with a rear im25 pact guard or rear end protection— 


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1 ‘‘(A) that does not meet the requirements 

2 under section 393.86; 

3 ‘‘(B) that is missing or has rust, corrosion, 

4 cracked welds, cracked or fractured vertical 

5 members, or cuts or tears in any underride 

6 guard component; or 

7 ‘‘(C) for which the dimensional integrity of 

8 the guard or protection is compromised.’’. 

9 SEC. 5. RESEARCH AND PERIODIC REVIEW OF UNDERRIDE 

10 GUARD STANDARDS. 

11 (a) REQUEST FOR PROPOSALS.—As soon as prac12 ticable, the Secretary of Transportation shall issue a Re13 quest for Proposals for the design of 2 high capacity rear 

14 underride barrier prototypes of a generic guard (with en15 ergy absorption and without energy absorption) to prevent 

16 underride crashes and protect motor vehicle passengers 

17 against severe injury at crash speeds of up to 65 miles 

18 per hour. 

19 (b) EVALUATION.—The Secretary shall— 

20 (1) evaluate the proposals received in response 

21 to the Request for Proposals issued pursuant to sub22 section (a); and 

23 (2) update the underride guard standards 

24 under section 30129 of title 49, United States Code, 


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1 as appropriate, to provide the best underride protec2 tion that is technologically feasible. 

3 (c) PERIODIC REVIEWS.— 

4 (1) IN GENERAL.—Not later than 5 years after 

5 the underride guard standards are updated pursuant 

6 to subsection (b)(2), and every 5 years thereafter, 

7 the Secretary shall— 

8 (A) conduct a review of underride guard 

9 standards to evaluate the need for changes in 

10 response to advancements in technology; and 

11 (B) update such standards accordingly. 

12 (2) REPORT.—After each review conducted 

13 under this section, the Secretary shall submit to the 

14 Committee on Commerce, Science, and Transpor15 tation of the Senate and the Committees on Trans16 portation and Infrastructure and Energy and Com17 merce of the House of Representatives a report on 

18 the results of the review. 

19 SEC. 6. COMMITTEE ON UNDERRIDE PROTECTION. 

20 (a) ESTABLISHMENT.—The Secretary of Transpor21 tation shall establish the Committee on Underride Protec22 tion (referred to in this section as the ‘‘Committee’’) to 

23 oversee the ongoing underride rulemaking process. 

24 (b) REPRESENTATION.—The Committee shall be 

25 composed of— 


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1 (1) truck and trailer manufacturers; 

2 (2) motor vehicle engineers, including techni3 cians who work on motor vehicle safety improve4 ments; 

5 (3) motor vehicle crash reconstructionists; 

6 (4) traffic safety organizations; 

7 (5) public health or injury prevention profes8 sionals; and 

9 (6) at least 2 people whose families have been 

10 impacted by an underride crash. 

11 (c) MEETINGS.—The Committee shall meet— 

12 (1) until the final rules have been issued pursu13 ant to section 30129 of title 49, United States Code, 

14 as added by section 4— 

15 (A) monthly, via conference call; and 

16 (B) quarterly, in person, at the Depart17 ment of Transportation headquarters; and 

18 (2) subsequent to the issuance of the final rules 

19 described in paragraph (1), annually, at the Depart20 ment of Transportation headquarters, to assess the 

21 status of underride crash protection. 

22 (d) ANNUAL REPORT.—The Committee shall submit 

23 an annual report to the appropriate congressional commit24 tees that describes the progress made by the Secretary of 

25 Transportation in meeting the rulemaking deadlines set 


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1 forth in section 30129 of title 49, United States Code, 

2 as added by section 4. 

3 SEC. 7. PUBLICATION OF VICTIMS OF TRUCK UNDERRIDE 

4 CRASHES. 

5 The Secretary of Transportation shall— 

6 (1) publish data on victims of truck underride 

7 crashes on a publicly accessible website; and 

8 (2) update the data described in paragraph (1) 

9 not less frequently than quarterly. 

Æ 


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