[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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