HR 5734 - Pedestrian Safety Enhancement Act of 2008 - GreenHybrid

bwilson4web · #1 (**permalink**) 04-12-2008, 03:02 AM

Hi folks,

Our representative government only works when we let our Congress critters know what we think. Unfortunately, HR 5734, the "Bell the Hybrid" Act, has been proposed and we need to let our voices (and in November our votes) be known too.

There is a real problem with pedestrian and bike accidents since our car can easily cause death and severe injuries. But the right answer is to focus on vehicle-pedestrian accidents. The blind may be at the leading edge but of the 4,784 pedestrians killed in 2006, I suspect the blind were a small percentage. Unfortunately this proposed legislation is fatally flawed but it is correctable. My suggestions show deletes in italics and additions in bold:

http://www.govtrack.us/congress/bill...bill=h110-5734

Quote:

Originally Posted by HR_5734

HR 5734 IH
110th CONGRESS2d Session H. R. 5734To direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation.
IN THE HOUSE OF REPRESENTATIVESApril 9, 2008
Mr. TOWNS (for himself and Mr. STEARNS) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILLTo direct the Secretary of Transportation to study and establish a motor vehicle safety standard that provides for a means of alerting blind and other pedestrians of motor vehicle operation.

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 `Pedestrian Safety Enhancement Act of 2008'.

SEC. 2. DEFINITIONS.

As used in this Act--
- (1) the term `Secretary' means the Secretary of Transportation; and
  (2) the term `motor vehicle' has the meaning given such term in section 30102(a)(6) of title 49, United States Code.

SEC. 3. FINDINGS.

Congress finds that--
- (1) motor vehicles designed to provide the desirable benefits of reducing harmful pollutants and operating with greater fuel efficiency include gasoline-electric hybrid and electric-only vehicles, and in the foreseeable future may include vehicles powered by hydrogen fuel cell and other engine designs that rely on fuels and technologies other than the gasoline-powered internal combustion engine;
  (2) these vehicle engine designs operate or are likely to operate with virtually no sound being produced by the vehicle;
  (3) the total number of hybrid motor vehicles sold per year in the United States is growing dramatically, and may someday equal or exceed the number of internal combustion engine motor vehicles on the Nation's roads;
  (4) blind pedestrians cannot locate and evaluate traffic by sight and instead must listen to traffic to discern its speed, direction, and other attributes in order to travel safely and independently;
  (5) other people, including pedestrians who are not blind, bicyclists, runners, and small children, benefit from multi-sensory information available from vehicle traffic, including the sound of vehicle engines, in 2006 there were 4,784 pedestrians and 773 pedalcyclists killed in accidents;
  (6) when operating on their electric engines, hybrid vehicles cannot be heard by blind people and others, rendering such vehicles extremely dangerous when driving on the street, emerging from driveways, moving through parking lots, and in other situations where pedestrians and vehicles come into proximity with each other;
  (7) failure to take immediate action assuring that blind pedestrians can hear hybrid and other silent vehicles in all phases of their operation will inevitably lead to pedestrian injuries and fatalities and some part of the 4,784 pedestrians killed in 2006 were blind and struck but some percentage of hybrid vehicles with their engines off; and
  (8) such accidents are preventable through vehicle designs which take into account the multi-sensory nature of traffic detection and avoidance, operator information and require that vehicle [delete: emit a minimum level of sound] designed to [delete: alert] protect all pedestrians, especially blind pedestrians, [delete: to the presence of such vehicles] from injury and death.

SEC. 4. STUDY OF METHOD TO PROTECT BLIND AND OTHER PEDESTRIANS.

(a) Required Study- Not later than 90 days following enactment of this Act, the Secretary shall conduct a study to--
- (1) determine the most practical means of assuring that blind and other pedestrians [delete: receive substantially similar information to information such pedestrians receive from sound emitted by vehicles that use internal combustion engines] are protected from vehicle accidents;
  (2) including determine the minimum level of sound emitted from a motor vehicle that is necessary to provide blind pedestrians with the information needed to make safe travel judgments; and
  (3) consider including whether the minimum level of sound requirement or another method that conveys information essential for pedestrian safety provides the most reliable information to support safe travel of blind and other pedestrians, including--
  - (A) which method provides blind and other pedestrians the greatest amount of information regarding location, motion, speed, and direction of travel of a motor vehicle and other vehicle and operator based systems;
    (B) the cost and feasibility of each method, including the cost and feasibility of equipping each individual [delete: pedestrian] and vehicle owner with any technology tailored to their need [delete: necessary] to receive safety information; and
    (C) which method assures the best safety outcome for cost [delete: least reliance] by blind and other pedestrians and operators upon technology they must possess when traveling and thereby provides the greatest amount of independence and opportunity for spontaneous travel for these pedestrians.
(b) Required Consultation- When conducting the study, the Secretary shall--
- (1) review all available research regarding pedestrian and pedalcyclists accidents and not limited to just the effect of traffic sounds on pedestrian safety, and commission such research as may be necessary;
  (2) consult consumer groups representing individuals who are blind, other pedestrians, cyclists, and advocates for children; and
  (3) consult with automobile manufacturers and professional organizations representing them; and
- (4) insurance industry, other governmental agencies including states to quantify the risk.
(c) Report- The Secretary shall complete the study within 2 years of its commencement and shall transmit a report of the findings to Congress.

SEC. 5. MINIMUM SOUND REQUIREMENT FOR MOTOR VEHICLES.

Not later than 90 days after conclusion of the study required under section 4, the Secretary shall [delete: promulgate] propose a motor vehicle safety standard under section 30111 of title 49, United States Code, to establish a method for [delete: alerting] improved safety for blind and other pedestrians of the presence and operation of nearby motor vehicles to enable such pedestrians to travel safely and independently in urban, rural, and residential environments. Such standard shall provide that every motor vehicle be equipped with a method--
- (1) to provide blind and other pedestrians with improved safety around any motor vehicle [delete: a non-visual alert regarding the location, motion, speed, and direction of travel of a motor vehicle that provides substantially the same protection of such pedestrians as that provided by a motor vehicle with an internal combustion engine]; and
  (2) that [delete: will] of the different solutions, may permit a blind or other pedestrian to determine the location, motion, speed, and direction of travel of a motor vehicle with substantially the same degree of certainty as such pedestrians are able to determine the location, motion, speed, and direction of travel of a motor vehicle with an internal combustion engine.

Any system of rules and regulations implemented will be performance monitored and if the predicted results are not met, sunset after 10 years.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this Act.

SEC. 7. EFFECTIVE DATE.

The standard promulgated under section 5 shall apply to all new motor vehicles manufactured or sold in the United States beginning on that date that is 2 years after the issuance of such standard.

My proposed edits have the goal of solving the bigger problem, the 5,000 deaths per year from vehicle and people and biker accidents. We need to quantify the problem; look at all possible solutions; pick the one that has the highest probability of success; and verify the results by monitoring what happens,. If the system fails to perform, make sure that it goes away, which will also let us evaluate if it was working.

Bob Wilson

UTAlumnus · #2 (**permalink**) 04-12-2008, 10:11 AM

Quote:

(B) the cost and feasibility of each method, including the cost and feasibility of equipping each individual [delete: pedestrian] and vehicle owner with any technology tailored to their need [delete: necessary] to receive safety information; and
(C) which method assures the best safety outcome for cost [delete: least reliance] by blind and other pedestrians and operators upon technology they must possess when traveling and thereby provides the greatest amount of independence and opportunity for spontaneous travel for these pedestrians.

Leave in pedestrian and don't add vehicle owner or operators. If these are included I will place a money bet that the solution will be to require a minimum noise level from vehicles. Unless the study says that they already make enough noise, that will mean including a noise generator on hybrids. Providing a device to the relative handful of blind people that are effected should be cheaper that requiring a redesign of every hybrid model made.

The whole idea is fatally flawed because there is nothing wrong with vehicles, including hybrids, as designed. If they leave well enough alone this problem will solve itself just like in the early eighties. In the 70's vehicles made more engine & road noise. Sometime in the early eighties the engines and tires got quieter. You still don't. Pedestrians had to change what I considered to be a car that was too close to toping the hill. Pedestrians can learn the new sound today just like they did back then.

This is a non issue that the Congress critter in question is trying to make into one. The chance that you will be a pedestrian killed by an automobile is 1 in more than 54000.

bwilson4web · #3 (**permalink**) 04-12-2008, 10:29 AM

I appreciate the comment but wanted to include in the solution set vehicle based sensors that might automatically sound the horn. Properly designed, these sensors could be the basis for "smart highway" and cruise control systems.

I would to see every hybrid have a sensor and data system that allowed us to form "hybrid trains" on the highway. Like a string of competition cyclers, we would form up with one lead and a group of followers. Then after a bit, the lead vehicle would drop back and join the end of the train. Only vehicles equipped with this technology would be allowed to follow at single car length distances. A sensor that detects 'deaf' people would be a perfect receiver for a data system, a wireless network, to give us an edge on the highway.

In 'systems engineering,' we look at the whole system, not just the blind, and that is why I'm trying to open up the solution set. But I see there needs to be something to include secondary effects such as improved vehicle efficiency such as "smart highway" systems.

Bob Wilson

nark · #4 (**permalink**) 04-12-2008, 11:05 AM

why dont the blind use a radar gun to determine if there is a vehicle coming their way? Like have a gun that makes an auditory noise that gets louder the closer a vehicle is to a person

SteveHansen · #5 (**permalink**) 04-12-2008, 11:28 AM

What about pedestrians who are both blind and deaf? Shouldn't they be saved from these terrible, unsafe contraptions, too? Adding a noisemaker won't do that. This proposed legislation is fatally flawed, because it fails to actually solve the "problem" that it claims to address.

Fortunately, this problem has already been solved. But the solution was repealed in a fit of ill advised deregulation, a few decades ago. We just need to reenact an old law. There were different versions in different states, but here are a couple:

Most states used to have a law that no motor vehicle could travel faster than three (3) miles per hour. That prevents most collisions between motor vehicles and pedestrians, and it also prevents the horses from being frightened.

An even better law, in a few states, required that every motor vehicle must be preceded by a servant on foot. The foot-servant must wave a red flag during the day, or a lantern at night to warn other people of the oncoming motor vehicle. That servant is also responsible to guide any deaf or blind people out of harms way.

Steve

GeekGal · #6 (**permalink**) 04-12-2008, 02:44 PM

A hybrid's tires on the roadway surface make noise, as does the electric motor (a high pitched whirr or similar sound). Pedestrians (even the blind or deaf) will adapt, just as they learn to look and/or listen for bicyclists in areas where cyclists are prevalent.

I find that squirrels and feral cats like to hop out in front of me (I've never hit one, for the record,) so perhaps we should mandate a critter scoop on the snout of our hybrids, as well?

As for "hybrid trains" on the highway, it's an interesting thought but I would wager the pedestrian deaths are by and large not on highways but rather busy city streets with lots of background noise. I'm all for a sound generator if the gov't will foot the bill

Let's see, Death Star explosion, the USS Enterprise going to warp, the Twilight Zone theme, Jaws theme, Knight Rider's KIT voice... this could be fun. <grin>

Bobs Metallic Pearl · #7 (**permalink**) 04-12-2008, 04:32 PM

How abut Niclelback at 100db

.

GeekGal · #8 (**permalink**) 04-12-2008, 04:47 PM

I think that'd work perfectly, Bob--it'd create noise for the vision-impaired and vibrations for the hearing-impaired.

bwilson4web · #9 (**permalink**) 04-12-2008, 04:59 PM

Uh folks, we can laugh among ourselves but we need to be serious with our Congress critters and deal with them as we would want to be dealt with. Our honorable competition is willing to man phone banks and spend time supporting the election of congress critters who will be asked to 'bell the cat', our hybrids.

Fun is fun but we really need to deal with the political realities.

Bob Wilson

habu968 · #10 (**permalink**) 04-12-2008, 06:32 PM

Your tax dollars at work again............it COULD be a problem, but no statistics yet to show that hybrids are a problem.