[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4861 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4861

 To amend title 49, United States Code, to exempt employees in certain 
  farm-related service industries and employees of State, local, and 
 Tribal governments from entry-level driver training requirements for 
    operating a commercial motor vehicle and allow States to issue 
  restricted commercial driver's licenses to owners and employees of 
           certain small businesses, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2022

  Mr. Rounds (for himself, Mr. Hoeven, Mr. Marshall, and Mr. Cramer) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to exempt employees in certain 
  farm-related service industries and employees of State, local, and 
 Tribal governments from entry-level driver training requirements for 
    operating a commercial motor vehicle and allow States to issue 
  restricted commercial driver's licenses to owners and employees of 
           certain small businesses, 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 ``Trucking Regulations Unduly 
Constricting Known Service-providers Act of 2022'' or the ``TRUCKS Act 
of 2022''.

SEC. 2. ENTRY-LEVEL DRIVER TRAINING.

    (a) In General.--Section 31305 of title 49, United States Code, is 
amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), in the first sentence, by inserting ``(referred to in this 
        section as the `Secretary')'' after ``Secretary of 
        Transportation''; and
            (2) by adding at the end the following:
    ``(e) Exemption From Entry-Level Training Requirements.--
            ``(1) Definition of tribal government.--In this subsection, 
        the term `Tribal government' means the governing body of an 
        Indian Tribe (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304)).
            ``(2) Exemption.--A State may exempt from all entry-level 
        training requirements established under subsection (c) any 
        individual who is--
                    ``(A) an employee of--
                            ``(i) an agri-chemical business;
                            ``(ii) a custom harvester;
                            ``(iii) a farm retail outlet or supplier;
                            ``(iv) a livestock feeder; or
                            ``(v) any other farm-related service 
                        industry that the Secretary, by regulation, 
                        determines to be appropriate; or
                    ``(B) an employee of--
                            ``(i) the State;
                            ``(ii) any unit of local government in the 
                        State, including a county (or equivalent 
                        jurisdiction); or
                            ``(iii) a Tribal government.
            ``(3) Application.--An exemption under this subsection may 
        be applied with respect to--
                    ``(A) obtaining or upgrading a commercial driver's 
                license with respect to any commercial motor vehicle 
                group described in section 383.91(a) of title 49, Code 
                of Federal Regulations (or a successor regulation); and
                    ``(B) obtaining an endorsement to operate any type 
                of commercial motor vehicle described in section 
                383.93(b) of that title (or a successor regulation).
    ``(f) Restricted CDLs for Small Businesses.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Endorsement.--The term `endorsement' has the 
                meaning given the term in section 383.5 of title 49, 
                Code of Federal Regulations (or a successor 
                regulation).
                    ``(B) Good driving record.--
                            ``(i) In general.--The term `good driving 
                        record', with respect to a driver, means that, 
                        for the applicable period described in clause 
                        (ii), the driver--
                                    ``(I) subject to clause (iii), has 
                                not held more than 1 driver's license;
                                    ``(II) has not had a driver's 
                                license suspended, revoked, or 
                                canceled;
                                    ``(III) has not been convicted of 
                                any disqualifying offense described in 
                                section 383.51(b) of title 49, Code of 
                                Federal Regulations (or a successor 
                                regulation), with respect to any type 
                                of motor vehicle described in that 
                                section;
                                    ``(IV) has not been convicted of 
                                any serious traffic violation with 
                                respect to any type of motor vehicle;
                                    ``(V) has not been convicted of any 
                                violation of a State or local law 
                                relating to motor vehicle traffic 
                                control (other than a parking 
                                violation) arising in connection with 
                                any traffic accident; and
                                    ``(VI) has no record of an accident 
                                with respect to which the driver was at 
                                fault.
                            ``(ii) Period described.--The period 
                        referred to in clause (i) is--
                                    ``(I) for a driver with not less 
                                than 1 year, and not more than 2 years, 
                                of driving experience, the period 
                                constituting the entire driving history 
                                of the driver; and
                                    ``(II) for a driver with more than 
                                2 years of driving experience, the 2-
                                year period ending on, as applicable--
                                            ``(aa) the date on which 
                                        the driver is issued a 
                                        restricted driver's license 
                                        under this subsection; or
                                            ``(bb) the date on which 
                                        the applicable restricted 
                                        driver's license issued under 
                                        this subsection is renewed.
                            ``(iii) Number of driver's licenses.--
                        Subject to any applicable regulations 
                        promulgated or guidance issued by the 
                        Secretary, a State may consider certain 
                        combinations of driver's or operator's 
                        licenses, such as a regular license and a 
                        school bus license or a regular license and a 
                        restricted commercial driver's license issued 
                        pursuant to this subsection, to be a single 
                        license for purposes of clause (i)(I), as the 
                        State determines to be appropriate.
                    ``(C) Qualified applicant.--The term `qualified 
                applicant' means an applicant for a restricted 
                commercial driver's license who--
                            ``(i) is an owner or employee of a business 
                        that employs not more than 9 employees who hold 
                        a commercial driver's license as of the date on 
                        which the restricted commercial driver's 
                        license is issued, regardless of the total 
                        number of employees employed by the business;
                            ``(ii) has held a driver's license for at 
                        least 1 year as of the date on which the 
                        restricted commercial driver's license is 
                        issued; and
                            ``(iii) has a good driving record.
                    ``(D) Restricted commercial driver's license.--The 
                term `restricted commercial driver's license' means a 
                commercial driver's license that complies with, and is 
                issued in compliance with, this subsection.
            ``(2) Issuance of restricted cdl.--
                    ``(A) In general.--A State may issue a restricted 
                commercial driver's license pursuant to this subsection 
                only to a qualified applicant.
                    ``(B) Commercial motor vehicle groups.--A State may 
                issue a restricted commercial driver's license pursuant 
                to this subsection with respect to any commercial motor 
                vehicle group, or any combination of commercial motor 
                vehicle groups, described in section 383.91(a) of title 
                49, Code of Federal Regulations (or a successor 
                regulation), as the State determines to be appropriate.
                    ``(C) Waiver of entry-level training 
                requirements.--With respect to the issuance of a 
                restricted commercial driver's license to a qualified 
                applicant pursuant to this subsection, a State may 
                waive all entry-level training requirements established 
                under subsection (c).
            ``(3) Requirement.--
                    ``(A) In general.--Except as otherwise provided in 
                this subsection, a restricted commercial driver's 
                license issued pursuant to this subsection, and the 
                issuance of that restricted commercial driver's license 
                by a State, shall comply with all applicable 
                requirements of--
                            ``(i) this chapter; and
                            ``(ii) part 383 of title 49, Code of 
                        Federal Regulations (or successor regulations).
                    ``(B) Nonapplication of certain regulations.--
                Sections 383.131, 383.133, and 383.135 of title 49, 
                Code of Federal Regulations (or successor regulations), 
                shall not apply with respect to a restricted commercial 
                driver's license, or the issuance of a restricted 
                commercial driver's license, pursuant to this 
                subsection.
            ``(4) Endorsements and privileges.--
                    ``(A) In general.--A restricted commercial driver's 
                license issued pursuant to this subsection shall not be 
                issued with any endorsements on the license document.
                    ``(B) Tank vehicles and hazardous materials 
                privileges.--Notwithstanding any other provision of law 
                (including regulations), a State may provide that the 
                holder of a restricted commercial driver's license 
                issued pursuant to this subsection may drive vehicles 
                carrying placarded quantities of hazardous materials of 
                the type and in the quantities described in section 
                383.3(f)(3)(v) of title 49, Code of Federal Regulations 
                (or a successor regulation), or in such lesser 
                quantities as the State determines to be appropriate.
            ``(5) Renewal.--
                    ``(A) Renewal cycle.--A restricted commercial 
                driver's license issued pursuant to this subsection 
                shall have the same renewal cycle as an unrestricted 
                commercial driver's license issued by the same State.
                    ``(B) Good driving record.--Prior to renewal of a 
                restricted commercial driver's license issued under 
                this subsection, the State issuing the restricted 
                commercial driver's license shall confirm that the 
                holder of the restricted commercial driver's license 
                has a good driving record.
            ``(6) Reciprocity.--A restricted commercial driver's 
        license issued pursuant to this subsection shall be accorded 
        the same reciprocity as a commercial driver's license meeting 
        all of the requirements of part 383 of title 49, Code of 
        Federal Regulations (or successor regulations).
            ``(7) Limitation on additional restrictions.--Any 
        restrictions imposed on a restricted commercial driver's 
        license issued pursuant to this subsection, the holder of such 
        a license, or the issuance of such a license by a State shall 
        not--
                    ``(A) limit the use by the holder of the restricted 
                commercial driver's license in a motor vehicle that is 
                not a commercial motor vehicle; or
                    ``(B) affect the power of a State to administer the 
                driver licensing program of the State for operators of 
                vehicles that are not commercial motor vehicles.
            ``(8) Prohibition.--An individual may not hold a restricted 
        commercial driver's license issued pursuant to this subsection 
        and an unrestricted commercial driver's license at the same 
        time.''.
    (b) Commercial Driver's License Uniform Standards.--Section 
31308(1) of title 49, United States Code, is amended, in the matter 
preceding subparagraph (A), by inserting ``except as otherwise provided 
in subsections (d) through (f) of section 31305 or any other provision 
of Federal law (including regulations),'' before ``an individual 
issued''.
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