May 8, 2022
The recently signed infrastructure law continues the UnitedStates’ over-reliance on the most dangerous way to travel: drivinga vehicle. Did Congress make sufficient safety improvements todecrease the dangers posed by driving in the United States? Thisepisode will examine all vehicle-related safety provisions to helpyou weigh your own transportation options.
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Why You Should Be Afraid of Cars
“Number of worldwide air traffic fatalities from 2006 to 2021.”Apr 12, 2022. Statista.
National Highway Traffic Safety Administration. Mar 2022.“Overview of Motor Vehicle Crashes in 2020.” U.S.Department of Transportation.
“Number of deaths / injuries directly linked to boating accidentsin the U.S. from 2002 to 2020.” Jun 2021.Statista.
Injury Facts. “Railroad Deaths and Injuries.” National SafetyCouncil.
Jon Ziomek. Sept 28, 2020. “Disaster on Tenerife: History’s Worst Airline Accident.”Historynet.
National Highway Traffic Safety Administration. “DistractedDriving.” U.S. Department of Transportation.
Problems the Law Does (and Does Not) Address
Jake Blumgart. Nov 15, 2021. “The Infrastructure Bill May Not Be So Historic After All.”Governing.
Self Driving Cars
Neal E. Boudette. May 3, 2022. “Paying customers could hail driverless taxis in San Franciscolater this year.” San Francisco Examiner.
Natasha Yee. Apr 1, 2022. “Waymo Bringing Driverless Vehicles to Downtown Phoenix ...Soon.” Phoenix New Times.
“24Self-Driving Car Statistics & Facts.” Feb 20, 2022.Carsurance.
Neal E. Boudette. Jul 5, 2021. “Tesla Says Autopilot Makes Its Cars Safer. Crash Victims Say ItKills.” The New York Times.
Clifford Law Offices PC. May 5, 2021. “TheDangers of Driverless Cars.” The National LawReview.
Katie Shepherd and Faiz Siddiqui. Apr. 19, 2021. “A driverless Tesla crashed and burned for four hours, police said,killing two passengers in Texas.” The WashingtonPost.
Riley Beggin. Jan 15, 2021. “Self-Driving Vehicles Allowed to Skip Some Crash SafetyRules.” Government Technology.
Faiz Siddiqui. Oct 22, 2020. “Tesla is putting ‘self-driving’ in the hands of drivers amidcriticism the tech is not ready.” The WashingtonPost.
Niraj Chokshi. Feb 25, 2020. “Tesla Autopilot System Found Probably at Fault in 2018 Crash.”The New York Times.
Michael Laris. Feb 11, 2020. “Tesla running on ‘Autopilot’ repeatedly veered toward the spotwhere Apple engineer later crashed and died, federal investigatorssay.” The Washington Post.
Alex Davies. May 16, 2019. “Tesla’s Latest Autopilot Death Looks Just Like a Prior Crash.”Wired.
Neal E. Boudette and Bill Vlasic. Sept 12, 2017. “Tesla Self-Driving System Faulted by Safety Agency in Crash.”The New York Times.
Rachel Abrams and Annalyn Kurtz. Jul 1, 2016. “Joshua Brown, Who Died in Self-Driving Accident, Tested Limits ofHis Tesla.” The New York Times.
Alcohol Detection Systems
Isaac Serna-Diez. Nov 23, 2021. “Alcohol Detection Systems Will Now Be Mandatory In All New Cars ToPrevent Drunk Driving. YourTango.
Keyless Entry Carbon Monoxide Deaths
“Toyota Introduces Automatic Engine Shut Off to Prevent CarbonMonoxide Deaths.” Jun 20, 2019. Kelley Uustal TrialAttorneys.
“Toyota Has the Most Keyless Ignition Related Deaths, But Takes noAction.” Jun 7, 2019. KidsAndCars.org.
Kids Left in Cars
Morgan Hines. Aug 2, 2019. “There's science behind why parents leave kids in hot cars.”USA Today.
Scottie Andrew and AJ Willingham. July 30, 2019. “More than 38 kids die in hot cars every year, and July is thedeadliest month.” CNN.
John Bacon. Jul 28, 2019. “'He will never forgive himself': Wife defends husband indevastating hot car deaths of twins.” USA Today.
Eric Stafford. May 6, 2019. [“Children Can Die When Left in theBack Seat on a Warm Day—and 800 Already Have. “Children Can Die When Left in the Back Seat on a Warm Day—and 800Already Have.” Car and Driver.
National Highway Traffic Safety Administration. “Child HeatstrokePrevention: Prevent Hot Car Deaths.” U.S. Department ofTransportation.
Motorcycle Helmets
“Motorcycle helmet use laws by state.” May 2022. InsuranceInstitute for Highway Safety.
“Facts + Statistics: Motorcycle crashes.” InsuranceInformation Institute.
Adam E. M. Eltorai et. al. March 16, 2016. “Federallymandating motorcycle helmets in the United States.” BMCPublic Health.
Truck Safety
“How ManyMiles Do Semi Trucks Last?” Rechtien.
Non-motorist Safety
“Pedestrian TrafficFatalities by State: 2020 Preliminary Data.” GovernorsHighway Safety Association.
“Pedestrian Traffic Fatalities by State: 2020 Preliminary Data.”[Full Report] March 2021. Governors Highway SafetyAssociation.
John Wenzel. Jan 6, 2020. “BollardInstallation Cost.” Saint Paul Sign & Bollard.
Richard Peace. Feb 20, 2019. “Why You Don’tWant a Superfast Electric Bicycle.” Electric BikeReport.
911 System Upgrades
Mark L. Goldstein. January 2018. “Next Generation 911:National 911 Program Could Strengthen Efforts to Assist States”[GAO-18-252]. Government Accountability Office.
National 911 Program. December 2016. “2016 National 911 Progress Report.” U.S. Department ofTransportation.
CD021: Trailblazer vs. ThinThread Followup
“MichaelHayden, Principal, Strategic Advisory Services.” TheChertoff Group.
“Boardof Directors.” Atlantic Council.
Tim Shorrock. Apr 15 2013. “Obama’s Crackdown on Whistleblowers.” The Nation.
H.R.3684 - Infrastructure Investment and Jobs Act
Law Outline
DIVISION A: SURFACE TRANSPORTATION
TITLE I - FEDERAL-AID HIGHWAYS
Subtitle A - Authorizations and Programs
Sec. 11101: Authorization of Appropriations
- Authorizes appropriations for Federal-Aid for highways atbetween $52 billion and $56 billion per year through fiscal year2026 (over $273 billion total).
- Authorizes $300 million for "charging andfueling infrastructure grants" for 2022, which increases by$100 million per year (maxing out at $700 million in 2026)
- Authorizes between $25 million and $30 million per year for"community resilience and evacuation route grants" on top of equalamounts for "at risk coastal infrastructure grants"
- Authorizes a total of $6.53 billion (from two funds) for thebridge investment program
Sec. 11102: Obligation Ceiling
- Caps the annual total funding from all laws (with manyexceptions) that can be spent on Federal highway programs.
- Total through 2026: $300.3 billion
Sec. 11111: Highway Safety Improvement Program
- Adds protected bike lanes to the list of projects allowed to befunded by the highway safety improvement project
- Adds "vulnerable road users" (non-motorists) to the list ofpeople who must be protected by highway safety improvement projects
- If 15% or more of a state's annual crash fatalities are made upof non-motorists, that state will be required to spend at least 15%of its highway safety improvement project money on projectsdesigned to improve safety for non-motorists.
- Each state, by the end of 2023, will have to complete avulnerable road user safety assessment that includes specificinformation about each non-motorist fatality and serious injury inthe last five years, identifies high-risk locations, and identifiespossible projects and strategies for improving safety fornon-motorists in those locations.
Sec. 11119: Safe Routes to School
- Creates a new program to improve the ability of children towalk and ride their bikes to school by funding projects includingsidewalk improvements, speed reduction improvements, crosswalkimprovements, bike parking, and traffic diversions away fromschools.
- Up to 30% of the money can be used for public awarenesscampaigns, media relations, education, and staffing.
- No additional funding is provided. It will be funded withexisting funds for "administrative expenses". Each state will get aminimum of $1 million.
- Non-profit organizations are eligible, along with localgovernments, to receive and spend the funding. Non-profits are theonly entities eligible to receive money for educational programsabout safe routes to school.
Sec. 11130: Public Transportation
- Allows the Transportation Secretary to allocate funds fordedicated bus lanes
Sec. 11133: Bicycle Transportation and Pedestrian Walkways
- Adds "shared micromobility" projects (like bike shares) to thelist of projects that can be funded as a highway project
- Electric bike-share bikes must stop assisting the rider at amaximum of 28 mph to be classified as an "electric bicycle"
Subtitle B - Planning and Performance
Sec. 11206: Increasing Safe and Accessible TransportationOptions.
- Requires each state, in return for funding, to carry out 1 ormore project to increase accessible for multiple travel modes. Theprojects can be...
- The enactment of "complete streets standards" (which ensure thesafe and adequate accommodation of all users of the transportationsystem)
- Connections of bikeways, pedestrian walkways, and publictransportation to community centers and neighborhoods
- Increasing public transportation ridership
- Improving safety of bike riders and pedestrians
- Intercity passenger rail
- There's a way for State's to get this requirement waived ifthey already have Complete Streets standards in place
Sec. 11404: Congestion Relief Program
- Creates a grant program, funded at a minimum of $10 million pergrant, for projects aimed at reducing highway congestion. Eligibleprojects include congestion management systems, fees for enteringcities, deployment of toll lanes, parking fees, and congestionpricing, operating commuter buses and vans, and carpoolencouragement programs.
- Buses, transit, and paratransit vehicles "shall" be allowed touse toll lanes "at a discount rate or without charge"
Sec. 11502: Stopping Threats on Pedestrians
- By the end of 2022, the Secretary of Transportation needs tocreate a competitive grant pilot program to fund "bollardinstallation projects", which are projects that raise concrete ormetal posts on a sidewalk next to a road that are designed to slowor stop a motor vehicle.
- The grants will pay for 100% of the project costs
- Appropriates only $5 million per year through 2026
Sec. 11504: Study of Impacts on Roads from Self-drivingVehicles
- By early 2023, the Transportation Department has to conduct astudy on the existing and future effects of self-driving cars oninfrastructure, mobility, the environment, and safety.
Sec. 11529: Active Transportation Infrastructure InvestmentProgram
- Creates a grant program authorized for $1 billion total thatwill fund walking and biking infrastructure projects that each cost$15 million or more and connect communities to each other,including communities in different states, and to connect to publictransportation.
- The Federal government will pay for 80% of the project costs,except in communities with a poverty rate over 40% (the Federalgovernment will pay 100% of the project costs in impoverishedcommunities).
TITLE III - MOTOR CARRIER SAFETY
Sec. 23010: Automatic Emergency Braking: Automatic EmergencyBraking
- A Federal regulation will be created by November 2023 whichwill require new commercial vehicles to be equipped with automaticbraking systems and there will be performance standards for thosebraking systems.
Sec. 23022: Apprenticeship Pilot Program
- Creates a three year pilot program, capped at 3,000participants at a time, for people under 21 to be trained by peopleover the age of 26 to become commercial truck drivers.
- Drivers under the age of 21 are not allowed to transport anypassengers or hazardous cargo
Sec. 23023: Limousine Compliance With Federal SafetyStandards
- A Federal regulation will be created by November 2023 requiringthat limousines have a seat belts at every seating position,including side facing seats.
TITLE IV - HIGHWAY AND MOTOR VEHICLE SAFETY
Subtitle A - Highway Traffic Safety
Sec. 24102: Highway Safety Programs
- Prohibit the Federal Government from withholding highway safetymoney to the states that refuse to require helmets for motorcycledrivers or passengers who are over the age of 18.
Sec. 24103: Highway Safety Research and Development
- Creates a grant program (by November 2023) that will fundstates that want to create a process for notifying vehicle ownersabout any open recalls on their cars when they register their carswith the DMV.
- The state receiving the money is only required to provide thenotifications for two years and participation in general isvoluntary.
- Creates financial incentives for states to create laws thatprohibit drivers from holding "a personal wireless communicationsdevice" while driving, has fines for breaking that law, and has noexemptions for texting when stopped in traffic.
- There are exceptions for using a cell phone for navigation in a"hands-free manner"
- Creates financial incentives for states to create laws thatrequire curriculum in driver's education courses to includeinformation about law enforcement procedures during traffic stopsand the rights and responsibilities of the drivers when beingstopped. The states would also have to have training programs forthe officers for implementing the procedures that would beexplained to drivers.
Sec. 24113: Implementation of GAO Recommendations
- Requires the Secretary of Transportation to implement all ofthe national-level recommendations outlined in a 2018 GAO report bythe end of November 2022.
Sec. 24201: Authorization of Appropriations
- Authorizes a little over $1 billion total for vehicle safetyprograms from 2022 through 2026
- By November 2023, the Transportation Department will have toissue a regulation requiring fossil fuel powered vehicles withkeyless ignitions to have an automatic shutoff system to preventcarbon monoxide poisoning.
- The amount of time that must trigger the shut off will bedetermined by the regulators.
- If the regulation is issued on time, this would go into effectmost likely on September 1, 2024.
Sec. 24208: Crash Avoidance Technology
- The Secretary of Transportation must issue a regulationestablishing minimum standards for crash avoidance technology thatmust be included in all vehicles sold in the United States startingon a date that will be chosen by the Secretary of Transportation.
- The technology must alert the driver of an imminent crash andapply the breaks automatically if the driver doesn't do so.
- The technology must include a land departure system that warnsthe driver that they are not in their lane and correct the courseof travel if the driver doesn't do so.
Sec. 24215: Emergency Medical Services and 9-1-1
- Repeals the part of the law that required the Transportation Departmentto publish criteria that established timelines and performancerequirements for anyone who got a grant to implement the NextGeneration 9-1-1 project.
Sec. 24220: Advanced Impaired Driving Technology
- By November 2024, the Secretary of Transportation will have tofinish a regulation that requires passenger motor vehicles to bestandard equipped with "advanced and impaired driving preventiontechnology"
- The technology must be able to monitor the performance of adriver and/or their blood alcohol level and be able to prevent orlimit the car's operation if impairment is detected or if the bloodalcohol is above the legal limit.
- This will apply to new cars sold after November 2030 at thelatest.
- By November 2023, the Secretary of Transportation must finish aregulation requiring all new passenger vehicles to have a systemalerting the driver visually and audibly to check the back seatwhen the car is turned off.
- Says it will be activated "when the vehicle motor isdeactivated by the operator"
The Road Ahead for Automated Vehicles
House Committee on Transportation and Infrastructure,Subcommittee on Highways and Transit
February 2, 2022
Overview: The purpose of this hearing is for Members of theSubcommittee to explore the impact of automated vehicle deployment,including automated trucks and buses, on mobility, infrastructure,safety, workforce, and other economic and societal implications orbenefits.
Cover Art
Design by Only Child Imaginations
