S. 4874

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4874 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4874

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

June 23, 2026

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.

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 ``Tristan's Law''.

SEC. 2. RESERVATION OF FUNDS TO INCREASE SAFETY OF FROZEN DESSERT TRUCK 
PATRONS.

(a) Findings.--Congress finds that--
(1) in 2023, nearly 17 percent of the 1,019 children killed 
in traffic crashes were pedestrians;
(2) frozen dessert trucks present a very specific hazard 
for children;
(3) in approaching, or departing from, a frozen dessert 
truck--
(A) children may pay little attention to traffic; 
and
(B) the truck may screen the children from driver 
visibility;
(4) States and units of local government have issued 
ordinances to modify the behavior of drivers in the vicinity of 
frozen dessert trucks to reduce speeds and improve the safety 
of children approaching, or departing from, the trucks;
(5) requiring drivers to come to a complete stop before 
passing a frozen dessert truck that is stopped to vend can 
reduce safety threats posed to children;
(6) requiring frozen dessert trucks to be equipped with 
flashing signal lamps, a stop signal arm, a convex mirror, and 
a front crossing arm can reduce safety threats posed to 
children visiting the trucks; and
(7) the Federal Government can play a role in reducing 
pedestrian injuries associated with frozen dessert truck 
operations.
(b) National Priority Safety Programs Reservation of Funds.--
Section 405 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``7 percent'' and 
inserting ``6 percent'';
(B) in paragraph (10)--
(i) by striking ``through (9)'' and 
inserting ``through (10)''; and
(ii) by striking ``through (i)'' and 
inserting ``through (j)'';
(C) by redesignating paragraphs (10) and (11) as 
paragraphs (11) and (12), respectively; and
(D) by inserting after paragraph (9) the following:
``(10) Safety of frozen dessert truck patrons.--In each 
fiscal year, 1 percent of the funds provided under this section 
shall be allocated among States that adopt and implement laws 
to increase the safety of frozen dessert truck patrons (as 
described in subsection (j)).''; and
(2) by adding at the end the following:
``(j) Safety of Frozen Dessert Truck Patrons.--
``(1) Definition of frozen dessert truck.--In this 
subsection, the term `frozen dessert truck' means a motor 
vehicle in which 1 or more frozen desserts (within the meaning 
of part 135 of title 21, Code of Federal Regulations (or 
successor regulations)) are carried on the highway for purposes 
of retail sale from a door or window of the motor vehicle to an 
individual consumer at any location.
``(2) General authority.--Subject to the requirements of 
this subsection, the Secretary shall award grants to States for 
the purpose of establishing and implementing laws (including 
regulations) that require frozen dessert trucks to be equipped 
as described in paragraph (3).
``(3) Frozen dessert truck equipment.--For purposes of 
paragraph (2), a frozen dessert truck shall be equipped with 
each of the following:
``(A) Signal lamps.--1 or more signal lamps that--
``(i) are mounted--
``(I) at the same level; and
``(II) as high on the frozen 
dessert truck, and as widely spaced 
laterally, as is practicable;
``(ii) are not less than 5, and not more 
than 7, inches in diameter; and
``(iii) display 2 alternately flashing red 
lights visible at a distance of not less than 
500 feet, to the front and rear of the frozen 
dessert truck, in normal sunlight on a 
straight, level highway.
``(B) Stop signal arm.--
``(i) In general.--A stop signal arm--
``(I) that can be extended 
horizontally from the left side of the 
frozen dessert truck;
``(II) when extended--
``(aa) the side nearest the 
frozen dessert truck of which 
shall be--

``(AA) 7.25 inches 
long; and

``(BB) parallel to 
the side of the frozen 
dessert truck;

``(bb) the side farthest 
from the frozen dessert truck 
of which shall be--

``(AA) 18 inches 
long; and

``(BB) parallel to 
the side nearest the 
frozen dessert truck;

``(cc) the 2 sides of which 
shall be 18 inches apart, 
creating a symmetrical, 
trapezoidal shape; and
``(dd) the bottom of which 
shall be approximately 42 
inches above the street;
``(III) the outside corners of 
which--
``(aa) when extended, 
feature 2 alternately flashing 
red lights, each of which shall 
be--

``(AA) not less 
than 3, and not more 
than 5, inches in 
diameter; and

``(BB) visible at a 
distance of not less 
than 300 feet, to the 
front and rear of the 
frozen dessert truck, 
in normal sunlight on a 
straight, level 
highway; and

``(bb) are rounded to 
conform to the shape of the 
lights described in item (aa); 
and
``(IV) both sides of which shall 
feature--
``(aa) a red, reflectorized 
background; and
``(bb) a legend described 
in clause (ii).
``(ii) Description of legend.--A legend 
referred to in clause (i)(IV)(bb) is a legend 
in which--
``(I) the word `STOP' appears in 6-
inch-high white letters, not to exceed 
4 inches in length, in the middle of 
the stop signal arm;
``(II) above the word `STOP', the 
phrase `IF SAFE' appears in 2-inch-high 
white letters, not to exceed 1.75 
inches in length;
``(III) below the word `STOP', the 
phrase `THEN GO' appears in 2-inch-high 
white letters, not to exceed 1.75 
inches in length; and
``(IV) the colors (including the 
colors of the background) conform to 
the requirements described in the 
Manual on Uniform Traffic Control 
Devices for Streets and Highways 
published by the Federal Highway 
Administration.
``(C) Mirror.--A convex mirror mounted on the front 
of the frozen dessert truck in a manner that ensures 
that the operator of the frozen dessert truck, when 
sitting in a normal operating seating position, is 
capable of seeing the area in front of the frozen 
dessert truck that, absent the mirror, would be 
obscured by the hood of the frozen dessert truck.
``(D) Front crossing arm.--A front crossing arm--
``(i) that is--
``(I) attached to the front bumper 
of the frozen dessert truck; and
``(II) hinged from the right side 
of the frozen dessert truck;
``(ii) the bottom of which shall be not 
less than 16, and not more than 20, inches 
above the street;
``(iii) that is--
``(I) made of any durable material; 
and
``(II) covered with yellow or white 
reflective material; and
``(iv) that extends--
``(I) in conjunction with the stop 
signal arm described in subparagraph 
(B);
``(II) when extended outward in 
front of the frozen dessert truck, not 
less than 4, and not more than 6, feet 
parallel to the street; and
``(III) when retracted against the 
front of the frozen dessert truck, not 
past the width of the frozen dessert 
truck on the left side of the frozen 
dessert truck operator.
``(4) Grant amount.--The allocation of grant funds to a 
State under this subsection for a fiscal year shall be in 
proportion to the apportionment of the State under section 402 
for fiscal year 2022.
``(5) Study.--
``(A) In general.--The Secretary shall conduct a 
study of--
``(i) the extent of pedestrian injuries and 
fatalities relating to frozen dessert trucks, 
including the percentage of those injuries and 
fatalities experienced by children;
``(ii) potential countermeasures to modify 
the behavior of drivers in the vicinity of 
frozen dessert trucks to reduce speeds and 
improve safety when children approach the 
frozen dessert trucks; and
``(iii) the feasibility of requiring 
operators of frozen dessert trucks not to stop 
or park the frozen dessert trucks to vend to a 
child in any location at which the child would 
be required to cross a highway to approach the 
frozen dessert truck.
``(B) Countermeasures for states.--Based on the 
results of the study under subparagraph (A), the 
Secretary, acting through the Administrator of the 
National Highway Traffic Safety Administration, shall 
issue guidance for State highway safety officers 
relating to methods of improving the safety of frozen 
dessert trucks and frozen dessert truck patrons.
``(C) Report.--The Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives a report 
describing the results of the study under subparagraph 
(A).''.
(c) Effective Date.--The amendments made by subsection (b) shall 
take effect with respect to any grant application or State highway 
safety plan submitted under chapter 4 of title 23, United States Code, 
for fiscal year 2026 or thereafter.
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