Cullum Owings Large Truck Safe Operating Speed Act of 2021
Bill: H.R.3523 | Sponsor: Rep. McBath, Lucy (D-GA)
Policy area: Transportation and Public Works

Summary:
Cullum Owings Large Truck Safe Operating Speed Act of 2021
This bill directs the National Highway Traffic Safety Administration (NHTSA) to implement regulations to require (1) all new commercial motor vehicles with a gross weight of 26,001 pounds or more to be equipped with speed-limiting technology; (2) any existing speed-limiting technology already installed in such vehicles manufactured after December 31, 1992, to be used while in operation; and (3) the speed-limiting technology to be set to a maximum speed of 65 miles per hour, or 70 miles per hour with the use of adaptive cruise control systems and automatic emergency braking systems.
The NHTSA must also prescribe performance standards for speed-limiting technologies, automatic braking systems, and adaptive cruise control systems that reduce or mitigate collisions at speeds of not faster than 70 miles per hour.

To require the Secretary of Transportation to promulgate standards and 
regulations requiring all new commercial motor vehicles to be equipped 
 with technology to limit maximum operating speed, to require existing 
   speed-limiting technologies already installed in commercial motor 
vehicles manufactured after 1992 to be used while in operation, and to 
   require that the maximum safe operating speed of commercial motor 
vehicles shall not exceed 65 miles per hour, or 70 miles per hour with 
                      certain safety technologies.

    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 ``Cullum Owings Large Truck Safe 
Operating Speed Act of 2021''.

SEC. 2. FEDERAL MOTOR VEHICLE SAFETY STANDARD AND FEDERAL MOTOR CARRIER 
              SAFETY REGULATION FOR SPEED-LIMITING TECHNOLOGIES.

    (a) Findings.--Congress finds that--
            (1) according to the Federal Motor Carrier Safety 
        Administration, during the period beginning on January 1, 2004, 
        and ending on December 31, 2013, 10,440 people were killed in 
        motor vehicle crashes in which the speed of a commercial motor 
        vehicle likely contributed to severity;
            (2) a 2007 survey of truck drivers by the Insurance 
        Institute for Highway Safety determined that 64 percent of the 
        drivers were in favor of a speed-limiting requirement;
            (3) according to a 2012 study commissioned by the Federal 
        Motor Carrier Safety Administration, trucks not using a speed-
        limiting technology had a speed limit-relevant crash rate 
        almost 2 times higher than the rate of trucks using a speed-
        limiting technology;
            (4) speed-limiting devices have been required to be 
        installed and used on commercial motor vehicles throughout the 
        world, including in--
                    (A) Australia, which has required the use of those 
                devices since 1990;
                    (B) the United Kingdom, which has required the use 
                of those devices since 1992; and
                    (C) the European Union, which has required the use 
                of those devices since 1994; and
            (5) the Department of Transportation has been examining the 
        issues involving speed-limiting technologies since at least 
        2006.
    (b) Definitions.--In this section:
            (1) Adaptive cruise control system.--The term ``adaptive 
        cruise control system'' means a system on a commercial motor 
        vehicle that is designed--
                    (A) to maintain a set speed; and
                    (B) when applicable, to adjust the set speed to 
                maintain a specified distance from a lead vehicle.
            (2) Automatic emergency braking system.--The term 
        ``automatic emergency braking system'' means a system on a 
        commercial motor vehicle that--
                    (A) detects potential collisions;
                    (B) provides to the driver a warning of each 
                detected potential collision; and
                    (C) applies brakes automatically when a forward 
                collision is imminent.
            (3) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' means a motor vehicle that--
                    (A) is used in interstate commerce; and
                    (B) has a gross vehicle weight rating or a gross 
                vehicle weight of not less than 26,001 pounds.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (5) Speed-limiting technology.--The term ``speed-limiting 
        technology'' means a technology that prevents a commercial 
        motor vehicle from exceeding a preprogrammed maximum speed.
    (c) Federal Motor Vehicle Safety Standard and Motor Carrier Safety 
Regulation.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall--
                    (A) acting through the Administrator of the 
                National Highway Traffic Safety Administration, issue a 
                final rule that--
                            (i) establishes a Federal motor vehicle 
                        safety standard that requires that all 
                        commercial motor vehicles manufactured after 
                        the effective date of the standard shall be 
                        equipped with a speed-limiting technology; and
                            (ii) prescribes performance standards for 
                        speed-limiting technologies, automatic 
                        emergency braking systems, and adaptive cruise 
                        control systems that reduce or mitigate 
                        collisions at speeds of not faster than 70 
                        miles per hour; and
                    (B) acting through the Administrator of the Federal 
                Motor Carrier Safety Administration, issue a final rule 
                that establishes a Federal motor carrier safety 
                regulation that requires that any existing speed-
                limiting technology already installed in a commercial 
                motor vehicle manufactured after December 31, 1992, 
                shall be used at any time during which the commercial 
                motor vehicle is in operation, in accordance with 
                paragraph (2).
            (2) Requirements.--In issuing a final rule pursuant to 
        paragraph (1), the Secretary shall--
                    (A) include requirements to ensure that each speed-
                limiting technology--
                            (i) accurately measures the speed of the 
                        applicable commercial motor vehicle; and
                            (ii) maintains a maximum speed of not 
                        faster than 65 miles per hour, or not faster 
                        than 70 miles per hour with the use of an 
                        adaptive cruise control system and an automatic 
                        emergency braking system, to ensure the safety 
                        of commercial motor vehicle drivers and the 
                        public, regardless of whether the speed-
                        limiting technology was installed in the 
                        commercial motor vehicle--
                                    (I) prior to the effective date of 
                                the standard or regulation; or
                                    (II) for purposes of achieving 
                                compliance with the standard under 
                                paragraph (1)(A); and
                    (B) as necessary, amend any Federal motor vehicle 
                safety standards or Federal motor carrier safety 
                regulations to require that all commercial motor 
                vehicles shall travel at a speed of not faster than--
                            (i) 65 miles per hour; or
                            (ii) 70 miles per hour with the use of 
                        adaptive cruise control systems and automatic 
                        emergency braking systems.
            (3) Secretarial review.--
                    (A) In general.--Not less frequently than once 
                every 5 years, the Secretary shall conduct a review of 
                all applicable Federal speed-governing regulations, 
                taking into consideration--
                            (i) deployed safety technologies available 
                        in commercial motor vehicles;
                            (ii) the overall impact of the safety 
                        technologies described in clause (i) on highway 
                        safety; and
                            (iii) available data relating to the use of 
                        speed-limiting technologies by commercial motor 
                        vehicles.
                    (B) Purpose.--The purpose of each review under this 
                paragraph shall be to ensure that proven technologies 
                and data are considered in the context of speed-
                governing regulations to enhance road safety.
                    (C) Recommendations; publication.--On conclusion of 
                each review under this paragraph, the Secretary shall--
                            (i) submit to Congress recommendations for 
                        improvement of Federal speed-governing 
                        regulations, if any; and
                            (ii) publish and provide an opportunity for 
                        public comment regarding the findings of the 
                        review and recommendations, if any.
    (d) Implementation.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, each commercial motor vehicle that is 
        subject to the standard established under subsection (c)(1)(A) 
        shall ensure that a speed-limiting technology establishes and 
        maintains for the commercial motor vehicle a maximum safe speed 
        of not faster than--
                    (A) 65 miles per hour; or
                    (B) 70 miles per hour with the use of an adaptive 
                cruise control system and an automatic emergency 
                braking system.
            (2) Verification of compliance with requirements.--The 
        owner of each commercial motor vehicle subject to a requirement 
        under this section shall verify, and submit to the Secretary a 
        certification of, compliance with the requirement at such time 
        and in such manner as the Secretary may establish, by 
        regulation.
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