II 

117TH CONGRESS 

1ST SESSION S. 2380 

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 

JULY 19, 2021 

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; 


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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. 


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

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (7), by striking ‘‘5 per6 cent’’ and inserting ‘‘4 percent’’; 

7 (B) in paragraph (8)— 

8 (i) by striking ‘‘through (7)’’ and in9 serting ‘‘through (8)’’; and 

10 (ii) by striking ‘‘through (h)’’ and in11 serting ‘‘through (i)’’; 

12 (C) by redesignating paragraphs (8) 

13 through (10) as paragraphs (9) through (11), 

14 respectively; and 

15 (D) by inserting after paragraph (7) the 

16 following: 

17 ‘‘(8) SAFETY OF FROZEN DESSERT TRUCK PA18 TRONS.—In each fiscal year, 1 percent of the funds 

19 provided under this section shall be allocated among 

20 States that adopt and implement laws to increase 

21 the safety of frozen dessert truck patrons (as de22 scribed in subsection (i)).’’; and 

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

24 ‘‘(i) SAFETY OF FROZEN DESSERT TRUCK PA25 TRONS.— 


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1 ‘‘(1) DEFINITION OF FROZEN DESSERT

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

3 truck’ means a motor vehicle in which 1 or more fro4 zen desserts (within the meaning of part 135 of title 

5 21, Code of Federal Regulations (or successor regu6 lations)) are carried on the highway for purposes of 

7 retail sale from a door or window of the motor vehi8 cle to an individual consumer at any location. 

9 ‘‘(2) GENERAL AUTHORITY.—Subject to the re10 quirements of this subsection, the Secretary shall 

11 award grants to States for the purpose of estab12 lishing and implementing laws (including regula13 tions) that require frozen dessert trucks to be 

14 equipped as described in paragraph (3). 

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

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

17 truck shall be equipped with each of the following: 

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

19 lamps that— 

20 ‘‘(i) are mounted— 

21 ‘‘(I) at the same level; and 

22 ‘‘(II) as high on the frozen des23 sert truck, and as widely spaced lat24 erally, as is practicable; 


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

2 than 7, inches in diameter; and 

3 ‘‘(iii) display 2 alternately flashing red 

4 lights visible at a distance of not less than 

5 500 feet, to the front and rear of the fro6 zen dessert truck, in normal sunlight on a 

7 straight, level highway. 

8 ‘‘(B) STOP SIGNAL ARM.— 

9 ‘‘(i) IN GENERAL.—A stop signal 

10 arm— 

11 ‘‘(I) that can be extended hori12 zontally from the left side of the fro13 zen dessert truck; 

14 ‘‘(II) when extended— 

15 ‘‘(aa) the side nearest the 

16 frozen dessert truck of which 

17 shall be— 

18 ‘‘(AA) 7.25 inches long; 

19 and 

20 ‘‘(BB) parallel to the 

21 side of the frozen dessert 

22 truck; 

23 ‘‘(bb) the side farthest from 

24 the frozen dessert truck of which 

25 shall be— 


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1 ‘‘(AA) 18 inches long; 

2 and 

3 ‘‘(BB) parallel to the 

4 side nearest the frozen des5 sert truck; 

6 ‘‘(cc) the 2 sides of which 

7 shall be 18 inches apart, creating 

8 a symmetrical, trapezoidal shape; 

9 and 

10 ‘‘(dd) the bottom of which 

11 shall be approximately 42 inches 

12 above the street; 

13 ‘‘(III) the outside corners of 

14 which— 

15 ‘‘(aa) when extended, fea16 ture 2 alternately flashing red 

17 lights, each of which shall be— 

18 ‘‘(AA) not less than 3, 

19 and not more than 5, inches 

20 in diameter; and 

21 ‘‘(BB) visible at a dis22 tance of not less than 300 

23 feet, to the front and rear of 

24 the frozen dessert truck, in 


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1 normal sunlight on a 

2 straight, level highway; and 

3 ‘‘(bb) are rounded to con4 form to the shape of the lights 

5 described in item (aa); and 

6 ‘‘(IV) both sides of which shall 

7 feature— 

8 ‘‘(aa) a red, reflectorized 

9 background; and 

10 ‘‘(bb) a legend described in 

11 clause (ii). 

12 ‘‘(ii) DESCRIPTION OF LEGEND.—A 

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

14 a legend in which— 

15 ‘‘(I) the word ‘STOP’ appears in 

16 6-inch-high white letters, not to ex17 ceed 4 inches in length, in the middle 

18 of the stop signal arm; 

19 ‘‘(II) above the word ‘STOP’, the 

20 phrase ‘IF SAFE’ appears in 2-inch21 high white letters, not to exceed 1.75 

22 inches in length; 

23 ‘‘(III) below the word ‘STOP’, 

24 the phrase ‘THEN GO’ appears in 2- 


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1 inch-high white letters, not to exceed 

2 1.75 inches in length; and 

3 ‘‘(IV) the colors (including the 

4 colors of the background) conform to 

5 the requirements described in the 

6 Manual on Uniform Traffic Control 

7 Devices for Streets and Highways 

8 published by the Federal Highway 

9 Administration. 

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

11 on the front of the frozen dessert truck in a 

12 manner that ensures that the operator of the 

13 frozen dessert truck, when sitting in a normal 

14 operating seating position, is capable of seeing 

15 the area in front of the frozen dessert truck 

16 that, absent the mirror, would be obscured by 

17 the hood of the frozen dessert truck. 

18 ‘‘(D) FRONT CROSSING ARM.—A front 

19 crossing arm— 

20 ‘‘(i) that is— 

21 ‘‘(I) attached to the front bumper 

22 of the frozen dessert truck; and 

23 ‘‘(II) hinged from the right side 

24 of the frozen dessert truck; 


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

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

3 above the street; 

4 ‘‘(iii) that is— 

5 ‘‘(I) made of any durable mate6 rial; and 

7 ‘‘(II) covered with yellow or white 

8 reflective material; and 

9 ‘‘(iv) that extends— 

10 ‘‘(I) in conjunction with the stop 

11 signal arm described in subparagraph 

12 (B); 

13 ‘‘(II) when extended outward in 

14 front of the frozen dessert truck, not 

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

16 parallel to the street; and 

17 ‘‘(III) when retracted against the 

18 front of the frozen dessert truck, not 

19 past the width of the frozen dessert 

20 truck on the left side of the frozen 

21 dessert truck operator. 

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

23 funds to a State under this subsection for a fiscal 

24 year shall be in proportion to the apportionment of 

25 the State under section 402 for fiscal year 2009. 


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1 ‘‘(5) STUDY.— 

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

3 conduct a study of— 

4 ‘‘(i) the extent of pedestrian injuries 

5 and fatalities relating to frozen dessert 

6 trucks, including the percentage of those 

7 injuries and fatalities experienced by chil8 dren; 

9 ‘‘(ii) potential countermeasures to 

10 modify the behavior of drivers in the vicin11 ity of frozen dessert trucks to reduce 

12 speeds and improve safety when children 

13 approach the frozen dessert trucks; and 

14 ‘‘(iii) the feasibility of requiring oper15 ators of frozen dessert trucks not to stop 

16 or park the frozen dessert trucks to vend 

17 to a child in any location at which the 

18 child would be required to cross a highway 

19 to approach the frozen dessert truck. 

20 ‘‘(B) COUNTERMEASURES FOR STATES.— 

21 Based on the results of the study under sub22 paragraph (A), the Secretary, acting through 

23 the Administrator of the National Highway 

24 Traffic Safety Administration, shall issue guid25 ance for State highway safety officers relating 


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1 to methods of improving the safety of frozen 

2 dessert trucks and frozen dessert truck patrons. 

3 ‘‘(C) REPORT.—The Secretary shall sub4 mit to the Committee on Commerce, Science, 

5 and Transportation of the Senate and the Com6 mittee on Transportation and Infrastructure of 

7 the House of Representatives a report describ8 ing the results of the study under subparagraph 

9 (A).’’. 

Æ 


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