[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 659 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 659
To require the Secretary of Transportation to promulgate regulations
relating to commercial motor vehicle drivers under the age of 21, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10, 2021
Mr. Young (for himself, Mr. Tester, Mr. Moran, Mr. Manchin, Mr. Inhofe,
Mr. King, Mr. Cotton, and Ms. Sinema) 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 promulgate regulations
relating to commercial motor vehicle drivers under the age of 21, 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 ``Developing Responsible Individuals
for a Vibrant Economy Act'' or the ``DRIVE Safe Act''.
SEC. 2. APPRENTICESHIP PROGRAM FOR COMMERCIAL DRIVERS UNDER THE AGE OF
21.
(a) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an employee
under the age of 21 who holds a commercial driver's license
required to operate a class of vehicles described in part 383
of title 49, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section
31301 of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' means a commercial motor vehicle that meets the
definition under paragraph (1) or (4) of the definition of the
term ``commercial motor vehicle'' contained in section 390.5 of
title 49, Code of Federal Regulations (as in effect on the date
of enactment of this Act).
(4) Driving time.--The term ``driving time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(5) Employee.--The term ``employee'' has the meaning given
the term in section 31132 of title 49, United States Code.
(6) Employer.--The term ``employer'' has the meaning given
the term in section 31132 of title 49, United States Code.
(7) Experienced driver.--The term ``experienced driver''
means an individual who--
(A) is not younger than 21 years of age;
(B) has a minimum of 2 years of experience driving
a commercial motor vehicle in interstate commerce; and
(C) as of the date on which the individual serves
as an experienced driver for purposes of subsection
(c)(3)(B)--
(i) has held a commercial driver's license
for each of the 2 preceding calendar years; and
(ii) for the preceding calendar year, has
had no--
(I) preventable accidents
reportable to the Department of
Transportation; or
(II) pointed moving violations.
(8) On-duty time.--The term ``on-duty time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(9) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being
added to the license of a driver, or a similar comparable
violation, as determined by the Secretary.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Apprentices.--An apprentice may--
(1) drive a commercial motor vehicle in interstate commerce
while participating in the 120-hour probationary period under
subsection (c)(1) or the 280-hour probationary period under
subsection (c)(2), pursuant to an apprenticeship program
established by an employer in accordance with this section; and
(2) drive a commercial motor vehicle in interstate commerce
after the apprentice completes an apprenticeship program
described in subsection (c).
(c) Apprenticeship Program.--An apprenticeship program referred to
in subsection (b) is a program that consists of the following
requirements:
(1) 120-hour probationary period.--
(A) In general.--An apprentice shall complete 120
hours of on-duty time, of which not fewer than 80 hours
shall be driving time in a commercial motor vehicle.
(B) Performance benchmarks.--To complete the 120-
hour probationary period under subparagraph (A), the
employer of an apprentice shall determine that the
apprentice is competent in each of the following areas:
(i) Interstate, city traffic, rural 2-lane,
and evening driving.
(ii) Safety awareness.
(iii) Speed and space management.
(iv) Lane control.
(v) Mirror scanning.
(vi) Right and left turns.
(vii) Logging and complying with rules
relating to hours of service.
(2) 280-hour probationary period.--
(A) In general.--After completing the 120-hour
probationary period under paragraph (1), an apprentice
shall complete 280 hours of on-duty time, of which not
fewer than 160 hours shall be driving time in a
commercial motor vehicle.
(B) Performance benchmarks.--To complete the 280-
hour probationary period under subparagraph (A), the
employer of an apprentice shall determine that the
apprentice is competent in each of the following areas:
(i) Backing and maneuvering in close
quarters.
(ii) Pretrip inspections.
(iii) Fueling procedures.
(iv) Weighing loads, weight distribution,
and sliding tandems.
(v) Coupling and uncoupling procedures.
(vi) Trip planning, truck routes, map
reading, navigation, and permits.
(3) Restrictions.--During each probationary period under
paragraphs (1) and (2)--
(A) an apprentice may only drive a commercial motor
vehicle that has--
(i) an automatic manual or automatic
transmission;
(ii) an active braking collision mitigation
system;
(iii) forward-facing video event capture;
and
(iv) a governed speed of 65 miles per
hour--
(I) at the pedal; and
(II) under adaptive cruise control;
and
(B) an apprentice shall be accompanied in the cab
of the commercial motor vehicle by an experienced
driver.
(4) Records retention.--An employer shall maintain records,
in a manner required by the Secretary, relating to the
satisfaction of the performance benchmarks described in
paragraphs (1)(B) and (2)(B) by each apprentice of the
employer.
(5) Reportable incidents.--If an apprentice is involved in
a preventable accident reportable to the Department of
Transportation or a pointed moving violation while driving a
commercial motor vehicle as part of an apprenticeship program
described in this subsection, the apprentice shall undergo
remediation and additional training until the apprentice can
demonstrate, to the satisfaction of the employer, competence in
each of the performance benchmarks described in paragraphs
(1)(B) and (2)(B).
(6) Completion of program.--An apprentice shall be
considered to have completed an apprenticeship program on the
date on which the apprentice completes the 280-hour
probationary period under paragraph (2).
(7) Minimum requirements.--
(A) In general.--Nothing in this section prevents
an employer from imposing any additional requirement on
an apprentice participating in an apprenticeship
program under this section.
(B) Technologies.--Nothing in this section prevents
an employer from requiring or installing a technology
in a commercial motor vehicle in addition to the
technologies described in paragraph (3)(A).
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall promulgate regulations to implement
this section.
(e) No Effect on License Requirement.--Nothing in this section
exempts an apprentice from any requirement to hold a commercial
driver's license in order to operate a commercial motor vehicle.
(f) Employer Responsibility.--An employer shall not knowingly
allow, require, permit, or authorize a driver under the age of 21 to
operate a commercial motor vehicle in interstate commerce, unless the
driver is participating in, or has completed, an apprenticeship program
that meets the requirements of subsection (c).
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