Text: H.R.1745 — 117th Congress (2021-2022)All Information (Except Text)

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Introduced in House (03/10/2021)

 
[Congressional Bills 117th Congress]
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[H.R. 1745 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 1745

To direct the Secretary of Transportation to issue regulations relating 
to commercial motor vehicle drivers under the age of 21, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2021

 Mr. Hollingsworth (for himself, Mr. Cuellar, Ms. Slotkin, Mr. LaHood, 
Mr. Westerman, Mr. Cooper, Mr. Balderson, Mr. Golden, and Mrs. Hinson) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Transportation to issue 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.
            (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'' 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 
        such term in section 31132 of title 49, United States Code.
            (6) Employer.--The term ``employer'' has the meaning given 
        such term in section 31132 of title 49, United States Code.
            (7) Experienced driver.--The term ``experienced driver'' 
        means an individual who--
                    (A) is not less than 21 years of age;
                    (B) has held a commercial driver's license for the 
                2-year period ending on the date on which the 
                individual serves as an experienced driver under 
                subsection (c)(3)(B);
                    (C) has had no preventable accidents reportable to 
                the Department of Transportation or pointed moving 
                violations during the 1-year period ending on the date 
                on which the individual serves as an experienced driver 
                under subsection (c)(3)(B); and
                    (D) has a minimum of 2 years of experience driving 
                a commercial motor vehicle in interstate commerce.
            (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) Apprentice.--An apprentice may--
            (1) drive a commercial motor vehicle in interstate commerce 
        while taking part 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 paragraph (1).
    (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.--The apprentice shall complete 120 
                hours of on-duty time, of which not less than 80 hours 
                are driving time in a commercial motor vehicle.
                    (B) Performance benchmarks.--In order to complete 
                the 120-hour probationary period under subparagraph 
                (A), an employer 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), the apprentice 
                shall complete 280 hours of on-duty time, of which not 
                less than 160 hours are driving time in a commercial 
                motor vehicle.
                    (B) Performance benchmarks.--In order to complete 
                the 280-hour probationary period under subparagraph 
                (A), an employer shall determine that the apprentice is 
                competent in each of the following areas:
                            (i) Backing and maneuvering in close 
                        quarters.
                            (ii) Pre-trip 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 for 120-hour and 280-hour probationary 
        periods.--During the 120-hour probationary period under 
        paragraph (1) and the 280-hour probationary period under 
        paragraph (2)--
                    (A) the apprentice may only drive a commercial 
                motor vehicle that has--
                            (i) automatic manual or automatic 
                        transmissions;
                            (ii) active braking collision mitigation 
                        systems;
                            (iii) forward-facing video event capture; 
                        and
                            (iv) governed speeds of 65 miles per hour 
                        at the pedal and 65 miles per hour under 
                        adaptive cruise control; and
                    (B) the apprentice shall be accompanied in the cab 
                of the commercial motor vehicle by an experienced 
                driver.
            (4) Records retention.--The employer shall maintain 
        records, in a manner required by the Secretary, relating to the 
        satisfaction of the requirements of paragraphs (1)(B) and 
        (2)(B) by the apprentice.
            (5) Reportable incidents.--If the 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.--The apprentice shall be 
        considered to have completed the 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 Act prevents an 
                employer from imposing additional requirements on an 
                apprentice taking part in an apprenticeship program 
                established pursuant to this section.
                    (B) Technologies.--Nothing in this Act prevents an 
                employer from requiring or installing additional 
                technologies 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 Act.
    (e) No Effect on License Requirement.--Nothing in this Act 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).
                                 <all>

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