I 111th CONGRESS 1st Session H. R. 1220 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.

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. .

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. .

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.