[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2144 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2144

 To amend title 49, United States Code, in a manner which ensures to a 
greater degree the ability of utility providers to establish, improve, 
 operate and maintain utility structures, facilities and equipment for 
the benefit, safety and well-being of consumers by removing limitations 
   on maximum driving and on-duty time in regard to utility vehicle 
             operators and drivers; and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 1995

  Mr. Barrett of Nebraska (for himself, Mr. Hamilton, Mr. Jacobs, Mr. 
 Skelton, Mr. Emerson, Mr. Volkmer, Mr. Bereuter, Mr. Funderburk, Mr. 
   Ehlers, Mr. Brownback, Mr. Kingston, Mr. Bryant of Tennessee, Mr. 
 Bunning of Kentucky, Mr. Heineman, and Mr. Chambliss) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, in a manner which ensures to a 
greater degree the ability of utility providers to establish, improve, 
 operate and maintain utility structures, facilities and equipment for 
the benefit, safety and well-being of consumers by removing limitations 
   on maximum driving and on-duty time in regard to utility vehicle 
             operators and drivers; 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 ``Utility Consumer Service Protection 
Act of 1995''.

SEC. 2. EXEMPTION FROM CERTAIN REGULATIONS PERTAINING TO COMMERCIAL 
              MOTOR VEHICLES AND DRIVERS.

    (a) Definitions.--Section 31132 of title 49, United States Code, is 
amended by adding at the end the following new paragraphs:
            ``(11) `utility service vehicle' means any motor vehicle, 
        regardless of gross weight--
                    ``(A) used on the highways in interstate or 
                intrastate commerce in the furtherance of building, 
                repairing, expanding, improving, maintaining, or 
                operating any structures, facilities, excavations, 
                poles, lines, or any other physical feature necessary 
                for the delivery of public utility services, including 
                the furnishing of electric, water, sanitary sewer, 
                telephone, and television cable or community antenna 
                service;
                    ``(B) while engaged in any activity necessarily 
                related to the ultimate delivery of such public utility 
                services to consumers, including travel or movement to, 
                from, upon, or between activity sites (including 
                occasional travel or movement outside the service area 
                necessitated by any utility emergency as determined by 
                the utility provider); and
                    ``(C) except for any occasional emergency use, 
                operated primarily within the service area of a 
                utility's subscribers or consumers, without regard to 
                whether the vehicle is owned, leased, or rented or 
                otherwise contracted for by the utility;
            ``(12) `utility driver' means any employee of a utility 
        provider or other operator (including an independent 
        contractor) of a utility service vehicle while such vehicle is 
        being utilized upon an activity site or is being moved from 
        place to place in the course of performing any of the 
        activities described in paragraph (11)(A).''.
    (b) Nonapplicability of On-Duty Time Requirements.--Section 31147 
of title 49, United States Code, is amended by adding at the end the 
following new subsection:
    ``(c) Limitation With Respect to Utility Service Vehicles and 
Drivers.--Notwithstanding any other provision of law, the provisions of 
this subchapter, the provisions of chapter 315, and the provisions of 
any other relevant authority--as such provisions relate to establishing 
maximum driving and on-duty time for drivers used by motor carriers and 
any related testing, reporting, recordkeeping or automatic recording 
device requirements associated with establishing such maximum driving 
and on-duty time--shall not apply to utility service vehicles or to 
utility drivers or to employers engaged primarily in the business of 
providing a utility service as described in section 31132(11), nor to 
such vehicles or drivers during a utility emergency.''.
                                 <all>