[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3054 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3054

     To require the Secretary of Transportation to modify certain 
 regulations relating to hours of service requirements for drivers of 
  property-carrying commercial motor vehicles, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2021

    Mr. Lee introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To require the Secretary of Transportation to modify certain 
 regulations relating to hours of service requirements for drivers of 
  property-carrying commercial motor vehicles, 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 ``Truck Driver Safety and Flexibility 
Act''.

SEC. 2. HOURS OF SERVICE REQUIREMENTS; COMMERCIAL DRIVER'S LICENSES.

    (a) Hours of Service Requirements.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary of Transportation, acting 
        through the Administrator of the Federal Motor Carrier Safety 
        Administration (referred to in this Act as the ``Secretary''), 
        shall revise section 395.3 of title 49, Code of Federal 
        Regulations--
                    (A) to increase the maximum driving time for a 
                driver of a property-carrying commercial motor vehicle 
                from 11 hours to 12 hours;
                    (B) to establish a maximum on-duty time of 14 hours 
                during any 24-hour period (as defined in section 395.2 
                of that title (or a successor regulation)) for a driver 
                of a property-carrying commercial motor vehicle;
                    (C) to provide that the on-duty time of a driver of 
                a property-carrying commercial motor vehicle may not 
                begin unless--
                            (i)(I) the driver has first taken 10 
                        consecutive hours off duty; and
                            (II) during the period of on-duty time, the 
                        driver complies with all applicable 
                        requirements of section 395.3 of that title, 
                        including the requirement described in 
                        subsection (a)(3)(ii) of that section (or a 
                        successor regulation); or
                            (ii) at the election of the driver--
                                    (I) the driver has taken 8 
                                consecutive hours off duty;
                                    (II) during the period of on-duty 
                                time, the driver complies with all 
                                applicable requirements of section 
                                395.3 of that title, including the 
                                requirement described in subsection 
                                (a)(3)(ii) of that section (or a 
                                successor regulation); and
                                    (III) the driver--
                                            (aa) takes 2 rest breaks of 
                                        30 minutes each, which may be 
                                        taken separately or 
                                        consecutively, at the election 
                                        of the driver, during the 
                                        period of on-duty time if the 
                                        driving time of the driver 
                                        during that period of on-duty 
                                        time is not more than 8 hours;
                                            (bb) takes 3 rest breaks of 
                                        30 minutes each, which, subject 
                                        to the requirement described in 
                                        section 395.3(a)(3)(ii) of that 
                                        title (or a successor 
                                        regulation), may be taken 
                                        separately or consecutively, at 
                                        the election of the driver, 
                                        during the period of on-duty 
                                        time if the driving time of the 
                                        driver during that period of 
                                        on-duty time is more than 8, 
                                        but not more than 10, hours; or
                                            (cc) takes 4 rest breaks of 
                                        30 minutes each, which, subject 
                                        to the requirement described in 
                                        section 395.3(a)(3)(ii) of that 
                                        title (or a successor 
                                        regulation), may be taken 
                                        separately or consecutively, at 
                                        the election of the driver, 
                                        during the period of on-duty 
                                        time if the driving time of the 
                                        driver during that period of 
                                        on-duty time is more than 10, 
                                        but not more than 12, hours;
                    (D) to provide that any rest break taken by a 
                driver shall be considered to be off-duty time excluded 
                from the calculation of on-duty time; and
                    (E) to provide that, if, at the time that the 
                driver of a property-carrying commercial motor vehicle 
                reaches 14 hours of on-duty time or 12 hours of driving 
                time, the driver is within 150 miles of the destination 
                of the trip, as established at the outset of the trip--
                            (i) the driver may continue driving until 
                        that destination is reached;
                            (ii) the driving time of the driver shall 
                        exclude all time--
                                    (I) during the period beginning 
                                when the driver reaches 12 hours of 
                                driving time and ending on completion 
                                of the trip; and
                                    (II) that is necessary to reach, or 
                                otherwise complete the trip at, that 
                                destination; and
                            (iii) the on-duty time of the driver shall 
                        exclude all time--
                                    (I) during the period beginning 
                                when the driver reaches 14 hours of on-
                                duty time and ending on completion of 
                                the trip; and
                                    (II) during which the driver 
                                carries out an activity necessary to 
                                reach, or otherwise complete the trip 
                                at, that destination, including any 
                                time described in paragraph (3) or (5) 
                                of the definition of the term ``on-duty 
                                time'' in section 395.2 of that title 
                                (or a successor regulation).
            (2) Requirement.--In carrying out paragraph (1), the 
        Secretary shall not modify the limits described in section 
        395.3(b) of title 49, Code of Federal Regulations.
            (3) Limitation.--Beginning on the date of enactment of this 
        Act, if the Secretary revises section 395.1(e)(1) of title 49, 
        Code of Federal Regulations--
                    (A) the Secretary may not decrease the 150 air-mile 
                radius described in that section, but may increase that 
                radius, as the Secretary determines to be appropriate; 
                and
                    (B) the Secretary may not revise any 14-hour period 
                described in that section to a period that is less than 
                14 hours, but may increase the length of the period 
                beyond 14 hours, as the Secretary determines to be 
                appropriate.
    (b) Commercial Driver's Licenses.--Not later than 90 days after the 
date of enactment of this Act, the Secretary shall revise section 
391.11 of title 49, Code of Federal Regulations, to lower the minimum 
age for obtaining a commercial driver's license from 21 to 18 years of 
age.

SEC. 3. ELECTRONIC LOGGING DEVICE OVERSIGHT.

    (a) Report on Processes of the Federal Motor Carrier Safety 
Administration.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall submit to Congress a report detailing the 
processes--
            (1) used by the Federal Motor Carrier Safety 
        Administration--
                    (A) to review electronic logging device logs; and
                    (B) to protect proprietary information and 
                personally identifiable information obtained from 
                electronic logging device logs; and
            (2) through which an operator may challenge or appeal a 
        violation notice issued by the Federal Motor Carrier Safety 
        Administration relating to an electronic logging device.
    (b) Study on the Costs and Effectiveness of Electronic Logging 
Devices.--Not later than 180 days after the date of enactment of this 
Act, the Comptroller General of the United States shall--
            (1) complete a study on the costs and effectiveness of 
        electronic logging devices; and
            (2) submit to Congress a report on the results of the study 
        under paragraph (1).
                                 <all>