[Congressional Record Volume 149, Number 36 (Thursday, March 6, 2003)]
[Senate]
[Pages S3317-S3318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 559. A bill to amend title 49, United States Code, to permit an 
individual to operate a commercial motor vehicle solely within the 
borders of a State if the individual meets certain minimum standards 
prescribed by the State, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. CAMPBELL. Mr. President, today I am introducing the Commercial 
Driver's License Devolution Act of 2003. This bill is identical to that 
which I introduced in the 107th Congress as a companion bill to 
language originally brought to the floor of the House of 
Representatives by my friend from North Carolina, Representative Howard 
Coble.
  I believe it is no secret to my colleagues here in the Senate, that I 
support small business and returning power to the States. The 
traditional, one-size-fits-all approach to governing has done more harm 
than good, and this bill is an attempt to remedy some of that.

[[Page S3318]]

  This legislation will give States the option to establish their own 
commercial driver's license, CDL, requirements for intrastate drivers. 
It will return power to the States by giving them the option to license 
intrastate drivers of commercial motor vehicles based upon testing 
standards determined by the individual States. And I stress, it will be 
an ``option.''
  I want to emphasize that this legislation is not a Federal mandate 
imposed on States. States that choose not to participate would remain 
under Federal guidelines. A State that chooses to exercise this option 
would in no way diminish the role of the CDL in the long-haul trucking 
industry. Additionally, this legislation effectively precludes two or 
more States from using this option as the basis for an interstate 
compact.
  As I am sure my colleagues are aware, the Commercial Motor Vehicle 
Safety Act of 1986, CMVSA, required States to establish a new and 
uniform program of testing and licensure for all operators of 
commercial vehicles both intra and interstate. The principal objectives 
of the Act have been met, and would not be harmed by this legislation 
I'm introducing here today.
  I have no issue with the CMVSA. It is a good law, and at the time the 
provisions it contained were necessary and timely for improving the 
standards of performance for long-haul truck drivers in this country. 
However, I, like my counterpart in the House, believe the CMVSA was 
imposed upon intrastate commerce where the operation of trucks may be a 
small but necessary part of an individual's job. Therefore, the reality 
was that Washington imposed its will on thousands of small businesses 
across this country who aren't involved in long-haul trucking and we 
expected them to adjust to any circumstance that might arise. That's 
unfair and not what government is supposed to be about.
  When you have conditions such as these, I believe it should be within 
a State's discretion to determine what kind of commercial vehicle 
licensure and testing is required for commerce taking place solely 
within its borders.
  This legislation is important to our nation's small businesses, 
especially those dependent upon commercial truck travel, which means 
it's important to the consumers. I urge my colleagues in the Senate to 
support it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 559

       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 ``Commercial Driver's License 
     Devolution Act of 2003''.

     SEC. 2. INTRASTATE OPERATION OF COMMERCIAL MOTOR VEHICLES.

       (a) In General.--Paragraph (1) of section 31305(b) of title 
     49, United States Code, is amended--
       (1) by striking ``paragraph (2)'' and inserting 
     ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following:
       ``(3) An individual may operate a commercial motor vehicle 
     solely within the borders of a State if the individual--
       ``(A) meets the minimum standards prescribed under the laws 
     of that State for ensuring the fitness of an individual to 
     operate a commercial motor vehicle; and
       ``(B) has passed written and driving tests to operate a 
     commercial motor vehicle that meet the minimum standards 
     prescribed under the laws of that State.''.
       (b) Requirements for State Participation.--Section 31311(a) 
     of such title is amended--
       (1) in paragraph (1)--
       (A) by striking ``with'' and inserting ``with either''; and
       (B) by striking ``under section 31305(a)'' and inserting 
     ``or by the State under section 31305''; and
       (2) in paragraph (2), by striking ``the minimum standards'' 
     and inserting ``either the minimum standards prescribed by 
     the Secretary of Transportation or by the State under section 
     31305 of this title''.
                                 ______