I 112th CONGRESS 1st Session H. R. 756 IN THE HOUSE OF REPRESENTATIVES February 17, 2011 Mr. DeFazio introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to prescribe standards for the maximum number of hours that an operator of a commercial motor vehicle may be reasonably detained by a shipper or receiver, and for other purposes.

1.

Detention of operators of commercial motor vehicles by shippers and receivers

(a)

Study

The Secretary of Transportation shall conduct a study on the detention of operators of commercial motor vehicles by shippers and receivers before the loading and unloading of such vehicles. (b)

Elements of study

In conducting the study, the Secretary shall assess— (1)the average length of time that operators of commercial motor vehicles are detained before the loading and unloading of such vehicles; (2)how such detentions impact such operators under various compensation structures in the motor carrier industry; (3)the extent to which such detentions result in violations of the Secretary’s regulations on maximum hours of service prescribed under section 31502 of title 49, United States Code; and (4)the feasibility of tracking the causes of violations of such regulations. (c)

Report

Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study.

2.

Rulemaking

(a)

In general

Not later than one year after the date of submission of the report under section 1, the Secretary of Transportation shall prescribe, by regulation, standards for the maximum number of hours that an operator of a commercial motor vehicle transporting property in interstate commerce may be reasonably detained by a shipper or receiver before the loading or unloading of the vehicle, if the operator is not compensated for time detained. (b)

Contents

As part of the rulemaking, the Secretary shall— (1)consider whether the effect on safety of unreasonable detention of operators of commercial motor vehicles differs based on how an operator is compensated; (2)consider any correlation between unreasonable detention time of such an operator and a violation of the Secretary’s regulations on maximum hours of service prescribed under section 31502 of title 49, United States Code; (3)establish a process for an employer, shipper, receiver, broker, or commercial motor vehicle operator to report violations of the Secretary’s standards on detention time, including by providing data contained in an electronic on-board recorder or through another mechanism authorized by the Secretary; and (4)institute appropriate enforcement measures, including penalties, for violations of the Secretary’s standards on detention time.

3.

Loading and unloading motor vehicles

(a)

Limitations on certain detentions

Section 14103 of title 49, United States Code, is amended by adding at the end the following: (c)

Limitations on certain detentions

A shipper or receiver may not detain a person who operates a commercial motor vehicle transporting property in interstate commerce before the loading or unloading of such vehicle without providing compensation for time detained beyond the maximum number of hours that the Secretary determines, by regulation, is reasonable. . (b)

Penalties

Section 14905 of such title is amended by striking of subsection (a) or (b) and inserting of subsection (a), (b), or (c).

4.

Definitions

In this section, the following definitions apply: (1)

Shipper

The term shipper means a person who offers property for transportation subject to jurisdiction under subchapter I of chapter 135 of title 49, United States Code. (2)

Receiver

The term receiver means a person who accepts property for transportation subject to jurisdiction under subchapter I of chapter 135 of such title. (3)

Employer

The term employer has the meaning such term has under section 31301 of such title. (4)

Broker

The term broker has the meaning such term has under section 13102 of such title. (5)

Commercial Motor Vehicle

The term commercial motor vehicle has the meaning such term has under section 31101 of such title. (6)

Interstate commerce

The term interstate commerce has the meaning such term has under section 390.5 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act.