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119th CONGRESS
2d Session |
To direct the Administrator of the Federal Motor Carrier Safety Administration to issue certain regulations to extend the time period for the waiver of the commercial driver’s license skills test for certain members of the military, and for other purposes.
Mr. Mast (for himself and Mr. Carter of Georgia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
To direct the Administrator of the Federal Motor Carrier Safety Administration to issue certain regulations to extend the time period for the waiver of the commercial driver’s license skills test for certain members of the military, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Freedom Haulers Act”.
SEC. 2. Military skills test waiver program.
Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Motor Safety Administration shall issue such regulations as are necessary to extend the waiver for the commercial driver’s license skills test from 12 months to 24 months after a qualified individual separates from the military under the military skills test waiver program of the Federal Motor Carrier Safety Administration.
SEC. 3. Mandatory even exchange program for military commercial driver’s license applicants.
(a) In general.—Section 31305 of title 49, United States Code, is amended by striking subsection (d) and inserting the following:
“(d) Even exchange program for military commercial motor vehicle operators.—
“(1) DEFINITIONS.—In this subsection:
“(A) COVERED MILITARY OPERATOR.—The term ‘covered military operator’ means a current or former member of a regular or reserve component of the Armed Forces (as those terms are defined in section 101(a) of title 10) who, during the applicable covered period described in subparagraph (2)(B), (3)(B), or (4)(D), as applicable, was regularly employed and designated in a military occupational specialty, Air Force specialty code, or occupational classification (or a substantially equivalent successor designation) as—
“(i) a Motor Transport Operator (88M), a PATRIOT Launching Station Operator (14T), or a Fueler (92F), in the Army;
“(ii) a Vehicle Operator (2T1), a Fueler (2F0), or a Pavement and Construction Equipment Operator (3E2), in the Air Force;
“(iii) a Motor Vehicle Operator (3531), in the Marine Corps; or
“(iv) an Equipment Operator (E.O.), in the Navy.
“(B) COVERED PERIOD.—Except as otherwise specified, the term ‘covered period’ means the 24-month period immediately preceding the date of the individual’s application for a waiver under this paragraph.
“(A) IN GENERAL.—The State shall waive, for a covered military operator, the requirement to pass a knowledge test otherwise applicable for issuance of a commercial learner’s permit or commercial driver’s license.
“(B) CONDITIONS.—A waiver under clause (A) applies only if the covered military operator certifies and provides evidence that, during the 24-month period immediately preceding the application, the operator—
“(i) is or was regularly employed and designated as described in subparagraph (1)(A);
“(ii) is operating, or immediately before separation from the Armed Forces operated, a commercial motor vehicle representative of the type of commercial motor vehicle the operator expects to operate;
“(iii) has not simultaneously held more than one civilian driver’s license, in addition to a military license;
“(iv) has not had a driver’s license suspended, revoked, or canceled;
“(v) has not been convicted, in any type of motor vehicle, of an offense described in subsections (b) through (e) of section 31310 of this title;
“(vi) has not been convicted, more than once, of a serious traffic violation, as defined by the Secretary under section 31305(a) of this title; and
“(vii) has not been convicted of a violation of military, State, or local law relating to motor vehicle traffic control (other than a parking violation) arising from a traffic crash, and has no record of a crash in which the operator was at fault.
“(A) IN GENERAL.—The State shall waive, for a covered military operator who holds a valid civilian driver’s license at the time of application, the driving test otherwise required for issuance of a commercial driver’s license.
“(B) CONDITIONS AND LIMITATIONS.—The State shall condition a waiver under clause (A) on the covered military operator certifying and providing evidence that the operator—
“(i) is regularly employed, or was regularly employed during the 24-month period immediately preceding the application, in a military position requiring operation of a commercial motor vehicle;
“(ii) was exempt from commercial driver’s license requirements while operating in that military position; and
“(iii) operated a commercial motor vehicle representative of the type the operator operates or expects to operate for not less than the 2 years immediately preceding separation from the Armed Forces.
“(C) CLEAN RECORD.—The State shall further condition a waiver under clause (A) on the covered military operator certifying that, during the 2-year period immediately preceding the application, the operator satisfies subclauses (iii) through (vii) of subparagraph (2)(B).
“(A) PASSENGER ENDORSEMENT.—The State shall waive the driving test and specialized knowledge test otherwise required for a passenger endorsement for a covered military operator described in subparagraph (1)(A) who meets the conditions in clause (D).
“(B) TANK VEHICLE ENDORSEMENT.—The State shall waive the specialized knowledge test otherwise required for a tank vehicle endorsement for a covered military operator described in subparagraph (1)(A) who meets the conditions in clause (D).
“(C) HAZARDOUS MATERIALS ENDORSEMENT.—The State shall waive the specialized knowledge test otherwise required for a hazardous materials endorsement for a covered military operator described in subparagraph (1)(A) who meets the conditions in clause (D), except that a State shall continue to apply all other federally required standards for issuance of a hazardous materials endorsement, including any background check required by law.
“(D) CONDITIONS.—A waiver under clause (A), (B), or (C) applies only if the covered military operator certifies and provides evidence that, during the 24-month period immediately preceding the application, the operator—
“(i) is or was regularly employed in a military position requiring operation of a passenger-carrying commercial motor vehicle, a tank vehicle, or the transportation of hazardous materials, as applicable to the endorsement sought; and
“(ii) satisfies subclauses (iii) through (vii) of subparagraph (2)(B).
“(5) STATE IMPLEMENTATION.—A State shall establish procedures and forms necessary to administer the waivers required by this paragraph and shall accept applications under this paragraph in the same manner as other applications for a commercial learner’s permit or commercial driver’s license.
“(6) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to waive any requirement for a medical certification, background check, or other qualification standard applicable to commercial driver’s license holders generally under this chapter or regulations issued under section 31305(a) of this title.”.
(b) Requirements for State participation.—Section 31311(a) of title 49, United States Code, is amended by adding at the end the following:
“(26) The State shall adopt and carry out an even exchange program for military commercial motor vehicle operators as set forth in section 31305(d) and consistent with the standards prescribed by the Secretary of Transportation.”.