[Congressional Record Volume 143, Number 140 (Thursday, October 9, 1997)]
[Senate]
[Page S10811]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

       THE ENHANCED INTERMODAL TRANSPORTATION SAFETY ACT OF 1997

                                 ______
                                 

                        BURNS AMENDMENT NO. 1320

  (Ordered referred to the Committee on Commerce, Science, and 
Transportation.)
  Mr. BURNS submitted an amendment intended to be proposed by him to 
the bill (S. 1267) to amend title 49, United States Code, to provide 
for enhanced intermodal transportation safety, and for other purposes; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY 
                   SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS.

       (a) In General.--Section 31502 of title 49, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e) Exception.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, regulations promulgated under this section or section 
     31136 regarding--
       ``(A) maximum driving and on-duty times applicable to 
     operators of commercial motor vehicles;
       ``(B) physical testing, reporting, or recordkeeping; and
       ``(C) the installation of automatic recording devices 
     associated with establishing the maximum driving and on-duty 
     times referred to in subparagraph (A),
     shall not apply to any driver of a utility service vehicle.
       ``(2) Definitions.--For purposes of this subsection, the 
     following definitions shall apply:
       ``(A) Driver of a utility service vehicle.--The term 
     `driver of a utility service vehicle' means any driver who is 
     considered to be a driver of a utility service vehicle for 
     purposes of section 345(a)(4) of the National Highway System 
     Designation Act of 1995 (49 U.S.C. 31136 note).
       ``(B) Utility service vehicle.--The term `utility service 
     vehicle' has the meaning given that term in section 345(e)(6) 
     of the National Highway System Designation Act of 1995 (49 
     U.S.C. 31136 note).''.
       (b) Continued Application of Safety and Maintenance 
     Requirements.--
       (1) In general.--The amendment made by subsection (a) may 
     not be construed--
       (A) to exempt any utility service vehicle from compliance 
     with any applicable provision of law relating to vehicle 
     mechanical safety, maintenance requirements, or inspections; 
     or
       (B) to exempt any driver of a utility service vehicle from 
     any applicable provision of law (including any regulation) 
     established for the issuance, maintenance, or periodic 
     renewal of a commercial driver's license for that driver.
       (2) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (A) Commercial driver's license.--The term ``commercial 
     driver's license'' has the meaning given that term in section 
     31301(3) of title 49, United States Code.
       (B) Driver of a utility service vehicle.--The term ``driver 
     of a utility service vehicle'' has the meaning given that 
     term in section 31502(e)(2)(A) of title 49, United States 
     Code, as added by subsection (a) of this section.
       (C) Regulation.--The term ``regulation'' has the meaning 
     given that term in section 31132(6) of title 49, United 
     States Code.
       (D) Utility service vehicle.--The term ``utility service 
     vehicle'' has the meaning given that term in section 
     345(e)(6) of the National Highway System Designation Act of 
     1995 (49 U.S.C. 31136 note).

                          ____________________