[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1220 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1220

To amend title 49, United States Code, to provide certain exemptions to 
drivers of intrastate commercial motor vehicles engaged in agricultural 
                   purposes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2009

 Mr. Boren (for himself and Ms. Fallin) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to provide certain exemptions to 
drivers of intrastate commercial motor vehicles engaged in agricultural 
                   purposes, 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. EXEMPTIONS FOR CERTAIN COMMERCIAL MOTOR VEHICLE DRIVERS.

    Section 31102 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Exemptions for Certain Commercial Motor Vehicle Drivers.--The 
Secretary of Transportation shall not require a State that receives a 
grant under this section to require drivers of intrastate commercial 
vehicles engaged in agricultural-related purposes to comply with the 
following provisions of title 49, Code of Federals Regulations--
            ``(1) parts 380, 383, and 390;
            ``(2) paragraphs (1), (6), or (8) of section 391.11(b) of 
        part 391;
            ``(3) subparts C, D, E (excluding section 391.41 which 
        shall apply to a driver), and F of part 391;
            ``(4) part 395; and
            ``(5) sections 396.11, 396.13, and 396.15, and paragraphs 
        (b) and (c) of section 396.3 of part 396.''.

SEC. 2. MOTOR VEHICLE WEIGHT CHANGES.

    (a) Safety Regulation.--Section 31132(1)(A) of title 49, United 
States Code, is amended by striking ``10,001'' and inserting 
``26,001''.
    (b) Commercial Motor Vehicle Operators.--Section 31301(4) of title 
49, United States Code, is amended to read as follows:
            ``(4) `commercial motor vehicle' means a motor vehicle used 
        in commerce to transport passengers or property that--
                    ``(A) has a gross vehicle weight rating or gross 
                vehicle weight of at least 26,001 pounds, whichever is 
                greater;
                    ``(B) is designed to transport at least 16 
                passengers, including the driver; or
                    ``(C) is used to transport material found by the 
                Secretary to be hazardous under section 5103, except 
                that a vehicle shall not be included as a commercial 
                motor vehicle under this subparagraph if--
                            ``(i) the vehicle is transporting material 
                        listed as hazardous under section 306(a) of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9656(a)) and is not otherwise regulated 
                        by the Secretary or is transporting a consumer 
                        commodity or limited quantity of hazardous 
                        material as defined in section 171.8 of title 
                        49, Code of Federal Regulations; and
                            ``(ii) the Secretary does not deny the 
                        application of this exception to the vehicle 
                        (individually or as part of a class of motor 
                        vehicles) in the interest of safety.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date that 
is 90 days after the date of enactment of this Act.
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