[Congressional Record Volume 143, Number 110 (Wednesday, July 30, 1997)]
[Senate]
[Pages S8363-S8364]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS (for himself, Mr. Johnson, Mr. McConnell, Mr. 
        Grassley, Mr. Brownback, Mr. Thurmond, Mr. Helms, Mr. Daschle, 
        Mr. Cochran, Mr. Hatch, Mr. Inhofe, and Mr. Conrad):
  S. 1090. A bill to specify that States may waive requirements 
relating to commercial drivers' licenses under chapter 313 of title 49, 
United States Code, with respect to certain farm vehicles, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.


                           waiver legislation

  Mr. BURNS. Mr. President, today I rise to correct an unintentional 
Federal burden that has been placed on a sector of our Nation's 
agricultural community.
  The Commercial Motor Vehicle Safety Act of 1986 subjected operators 
of large trucks and buses to new regulations including the requirement 
that States devise a commercial driver's license [CDL] program by April 
1, 1992.
  The intent of this act was to improve highway safety by requiring a 
higher level of qualification and knowledge for those engaged in 
commercial trucking activities and was primarily aimed at addressing 
the safety issue of over-the-road, long-haul truckers.
  In 1988, the Federal Highway Administration [FHwA] granted States the 
authority to waive the CDL requirements for farmers and others who 
operate large vehicles incidental to their occupations. States retained 
the right to impose restrictions and conditions on those for whom the 
waiver was applied.
  Unfortunately, the CDL requirement continues to apply to many vehicle 
operators who are neither a highway safety hazard or engaged in 
commercial trucking enterprises. Such is the case of those engaged in 
the unique, seasonal business of harvesting the Nation's crops.
  Custom harvesting is a service industry which, for a fee, provides 
farmers the personnel and equipment necessary to harvest their crops; 
relieving them of the need to invest, operate and maintain the costly, 
specialized equipment which can only be utilized on a limited seasonal 
basis.
  Incidental to this service is providing the transportation equipment 
and drivers necessary to deliver those crops to on-farm or local 
storage or processing facilities.
  This service harvests nearly 60 percent of the Nation's entire wheat 
crop from my State of Montana to Texas and many wheat growing States in 
between.
  The vast majority of miles driven in providing this service are off-
road or on low traffic density rural roads and highways. Because of the 
unique nature of this business and the substantial investment in 
equipment, the owner-operator of these predominantly small, family-
owned businesses devote a significant amount of time and resources to 
employee training and safety education which is relevant to the service 
they provide, rather than simply accepting the generally inappropriate 
standards based on the urban-suburban driving needs requires for a CDL.
  In addition, close supervision of the harvesting and transport 
activities is provided both during the actual harvesting operations and 
the movement of equipment from site to site.
  Given the failure of the FHwA to acknowledge the unique 
characteristics of the custom harvesting business and to provide a 
reasonable waiver to States to determine an appropriate level of 
regulation for this industry, we are introducing legislation to provide 
States the authority to grant an exemption from the CDL requirements.
  This legislation does not mandate that those engaged in activities 
such as custom harvesting will be unregulated. It does provide those 
States, who wish to do so, the opportunity to provide regulatory relief 
to an industry which is critical to the production of food and fiber in 
this country.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    June 26, 1997.
     Hon. Conrad Burns,
     U.S. Senate, Washington, DC.
       Dear Senator Burns: Recently you received a letter from 
     Senator Conrad Burns and Tim Johnson requesting your co-
     sponsorship of legislation to modify the Commercial Driver's 
     License (CDL) requirements for those engaged in custom 
     harvesting and processing of our nation's crops. The 
     membership of the undersigned organizations urge you to join 
     in supporting the legislative relief provided in their bill.
       The Commercial Motor Vehicle Safety Act of 1996, required 
     that states develop and implement a CDL program by April 1, 
     1992 and a drug and alcohol testing program in 1996. It was 
     intended to improve the safety performance of commercial, 
     over-the-road trucking enterprises. In recognition of the 
     unique nature of some trucking activities, the Federal 
     Highway Administration provided States the authority to waive 
     the CDL requirements for farmers, firefighters and others who 
     operate large vehicles as part of their day-to-day business, 
     but who were not engaged in commercial trucking. Individual 
     states retained the ability to develop conditions and 
     restrictions as part of the waiver process. Unfortunately, 
     the CDL requirements still apply to that sector of 
     agriculture which provides an important seasonal service by 
     harvesting this nation's food and fiber crops and delivering 
     the harvest to storage or processing for

[[Page S8364]]

     individual farmers. These businesses pose little safety 
     hazard, and are not engaged in hauling crops on a commercial 
     basis. Their operations predominantly require skills 
     associated with driving off-road or in low traffic density 
     areas. Unlike commercial trucking operations, the drivers 
     involved in the harvest are closely supervised both during 
     the harvest activities and those limited times when they must 
     utilize the nation's highway system to move from farm to 
     farm.
       Harvesters and agriculture processors currently provide 
     education, training and experience for drivers that is 
     directly applicable to the conditions those drivers will face 
     throughout their employment. The CDL requirements force the 
     employer to also train their drivers so they can obtain a 
     license which is of little practical use in their workplace. 
     This dual burden is costly, time consuming and has reduced 
     the ability of the industry to find competent employees.
       The legislation proposed by Senator Burns and Johnson does 
     not eliminate the CDL requirement for all drivers in all 
     states. It does, however, provide States the opportunity to 
     determine the appropriate level of regulation which should be 
     applied to this important segment of the agriculture 
     industry.
       We urge you contact Senator Conrad Burns (Randall Popelka 
     224-2644) or Senator Tim Johnson (Sarah Dahlin 224-5842) and 
     join them in ensuring that custom harvesters and agriculture 
     processors are able to continue providing this safe, 
     professional, efficient and competitive service which 
     benefits all Americans.
           Sincerely,
       American Farm Bureau Federation; National Barley Growers 
     Association, National Cotton Ginners Association; U.S. Custom 
     Harvesters, Inc.; National Association of Wheat Growers; 
     National Cotton Council, and the National Grain Sorghum 
     Producers Association.
                                 ______