[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3492 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3492

To amend title 49, United States Code, to ensure 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 pertaining to utility vehicle operators and drivers, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 1996

 Mr. Volkmer introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to ensure 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 pertaining 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 Improvement 
and Protection Act of 1996''.

SEC. 2. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY SERVICE 
              COMMERCIAL MOTOR VEHICLE DRIVERS.

    Section 31502 of title 49, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Exception.--
            ``(1) In general.--Notwithstanding with other provision of 
        law, regulations promulgated under this section or section 
        31136 regarding--
                    ``(A) maximum driving and on-duty times applicable 
                to operators of commercial motor vehicles;
                    ``(B) physical testing, reporting, or 
                recordkeeping; and
                    ``(C) the installation of automatic recording 
                devices associated with establishing the maximum 
                driving and on-duty times referred to in subparagraph 
                (A),
        shall not apply to any driver of a utility service vehicle.
            ``(2) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Driver of a utility service vehicle.--The 
                term `driver of a utility service vehicle' means any 
                driver who is considered to be a driver of a utility 
                service vehicle for purposes of section 345(a)(4) of 
                the National Highway System Designation Act of 1995 (19 
                U.S.C. 31136 note).
                    ``(B) Utility service vehicle.--The term `utility 
                service vehicle' has the same meaning as in section 
                345(e)(6) of the National Highway System Designation 
                Act of 1995 (49 U.S.C. 31136 note).''.

SEC. 3. CONTINUED APPLICATION OF SAFETY AND MAINTENANCE REQUIREMENTS.

    (a) In General.--The amendment made by this Act may not be 
construed--
            (1) to exempt any utility service vehicle from compliance 
        with any applicable provision of law relating to vehicle 
        mechanical safety, maintenance requirements, or inspections; or
            (2) to exempt any driver of a utility service vehicle from 
        any applicable provision of law (including any regulation) 
        established for the issuance, maintenance, or periodic renewal 
        of a commercial driver's license for that driver.
    (b) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Commercial driver's license:--The term ``commercial 
        driver's license'' has the same meaning as in section 31301(3) 
        of title 49, United States Code.
            (2) Driver of a utility service vehicle.--The term ``driver 
        of a utility service vehicle'' has the same meaning as in 
        section 31502(e)(2)(A) of title 49, United States Code, as 
        added by section 2 of this Act.
            (3) Regulation.--The term ``regulation'' has the same 
        meaning as in section 31132(7) of title 49, United States Code.
            (4) Utility service vehicle.--The term ``utility service 
        vehicle'' has the same meaning as in section 345(e)(6) of the 
        National Highway System Designation Act of 1995 (49 U.S.C. 
        31136 note).
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