[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3054 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3054
To require the Secretary of Transportation to modify certain
regulations relating to hours of service requirements for drivers of
property-carrying commercial motor vehicles, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 21, 2021
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to modify certain
regulations relating to hours of service requirements for drivers of
property-carrying commercial motor vehicles, and for other purposes.
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 ``Truck Driver Safety and Flexibility
Act''.
SEC. 2. HOURS OF SERVICE REQUIREMENTS; COMMERCIAL DRIVER'S LICENSES.
(a) Hours of Service Requirements.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Transportation, acting
through the Administrator of the Federal Motor Carrier Safety
Administration (referred to in this Act as the ``Secretary''),
shall revise section 395.3 of title 49, Code of Federal
Regulations--
(A) to increase the maximum driving time for a
driver of a property-carrying commercial motor vehicle
from 11 hours to 12 hours;
(B) to establish a maximum on-duty time of 14 hours
during any 24-hour period (as defined in section 395.2
of that title (or a successor regulation)) for a driver
of a property-carrying commercial motor vehicle;
(C) to provide that the on-duty time of a driver of
a property-carrying commercial motor vehicle may not
begin unless--
(i)(I) the driver has first taken 10
consecutive hours off duty; and
(II) during the period of on-duty time, the
driver complies with all applicable
requirements of section 395.3 of that title,
including the requirement described in
subsection (a)(3)(ii) of that section (or a
successor regulation); or
(ii) at the election of the driver--
(I) the driver has taken 8
consecutive hours off duty;
(II) during the period of on-duty
time, the driver complies with all
applicable requirements of section
395.3 of that title, including the
requirement described in subsection
(a)(3)(ii) of that section (or a
successor regulation); and
(III) the driver--
(aa) takes 2 rest breaks of
30 minutes each, which may be
taken separately or
consecutively, at the election
of the driver, during the
period of on-duty time if the
driving time of the driver
during that period of on-duty
time is not more than 8 hours;
(bb) takes 3 rest breaks of
30 minutes each, which, subject
to the requirement described in
section 395.3(a)(3)(ii) of that
title (or a successor
regulation), may be taken
separately or consecutively, at
the election of the driver,
during the period of on-duty
time if the driving time of the
driver during that period of
on-duty time is more than 8,
but not more than 10, hours; or
(cc) takes 4 rest breaks of
30 minutes each, which, subject
to the requirement described in
section 395.3(a)(3)(ii) of that
title (or a successor
regulation), may be taken
separately or consecutively, at
the election of the driver,
during the period of on-duty
time if the driving time of the
driver during that period of
on-duty time is more than 10,
but not more than 12, hours;
(D) to provide that any rest break taken by a
driver shall be considered to be off-duty time excluded
from the calculation of on-duty time; and
(E) to provide that, if, at the time that the
driver of a property-carrying commercial motor vehicle
reaches 14 hours of on-duty time or 12 hours of driving
time, the driver is within 150 miles of the destination
of the trip, as established at the outset of the trip--
(i) the driver may continue driving until
that destination is reached;
(ii) the driving time of the driver shall
exclude all time--
(I) during the period beginning
when the driver reaches 12 hours of
driving time and ending on completion
of the trip; and
(II) that is necessary to reach, or
otherwise complete the trip at, that
destination; and
(iii) the on-duty time of the driver shall
exclude all time--
(I) during the period beginning
when the driver reaches 14 hours of on-
duty time and ending on completion of
the trip; and
(II) during which the driver
carries out an activity necessary to
reach, or otherwise complete the trip
at, that destination, including any
time described in paragraph (3) or (5)
of the definition of the term ``on-duty
time'' in section 395.2 of that title
(or a successor regulation).
(2) Requirement.--In carrying out paragraph (1), the
Secretary shall not modify the limits described in section
395.3(b) of title 49, Code of Federal Regulations.
(3) Limitation.--Beginning on the date of enactment of this
Act, if the Secretary revises section 395.1(e)(1) of title 49,
Code of Federal Regulations--
(A) the Secretary may not decrease the 150 air-mile
radius described in that section, but may increase that
radius, as the Secretary determines to be appropriate;
and
(B) the Secretary may not revise any 14-hour period
described in that section to a period that is less than
14 hours, but may increase the length of the period
beyond 14 hours, as the Secretary determines to be
appropriate.
(b) Commercial Driver's Licenses.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall revise section
391.11 of title 49, Code of Federal Regulations, to lower the minimum
age for obtaining a commercial driver's license from 21 to 18 years of
age.
SEC. 3. ELECTRONIC LOGGING DEVICE OVERSIGHT.
(a) Report on Processes of the Federal Motor Carrier Safety
Administration.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to Congress a report detailing the
processes--
(1) used by the Federal Motor Carrier Safety
Administration--
(A) to review electronic logging device logs; and
(B) to protect proprietary information and
personally identifiable information obtained from
electronic logging device logs; and
(2) through which an operator may challenge or appeal a
violation notice issued by the Federal Motor Carrier Safety
Administration relating to an electronic logging device.
(b) Study on the Costs and Effectiveness of Electronic Logging
Devices.--Not later than 180 days after the date of enactment of this
Act, the Comptroller General of the United States shall--
(1) complete a study on the costs and effectiveness of
electronic logging devices; and
(2) submit to Congress a report on the results of the study
under paragraph (1).
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