[Congressional Record Volume 164, Number 125 (Wednesday, July 25, 2018)]
[Senate]
[Page S5387]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3590. Mr. SASSE (for himself, Mr. Jones, Mr. Rubio, Mr. Daines,
Mrs. Ernst, Mr. Risch, Mr. Enzi, and Mr. Lankford) submitted an
amendment intended to be proposed to amendment SA 3399 proposed by Mr.
Shelby to the bill H.R. 6147, making appropriations for the Department
of the Interior, environment, and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place in title I of division D, insert
the following:
Sec. 1__. The Secretary of Transportation shall amend part
395 of title 49, Code of Federal Regulations, to ensure that,
in the case of a driver transporting livestock (as defined in
section 602 of the Agricultural Act of 1949 (7 U.S.C. 1471))
or insects within a 300 air-mile radius from the point at
which the on-duty time of the driver begins with respect to
the trip--
(1) the on-duty time of the driver shall exclude all time
spent--
(A) at a plant, terminal, facility, or other property of a
motor carrier or shipper or on any public property during
which the driver is waiting to be dispatched;
(B) loading or unloading a commercial motor vehicle;
(C) supervising or assisting in the loading or unloading of
a commercial motor vehicle;
(D) attending to a commercial motor vehicle while the
vehicle is being loaded or unloaded;
(E) remaining in readiness to operate a commercial motor
vehicle; and
(F) giving or receiving receipts for shipments loaded or
unloaded;
(2) except as provided in paragraph (5), the driving time
under section 395.3(a)(3)(i) of that title is modified to a
maximum of not less than 15, and not more than 18, hours
within a 24-hour period;
(3) the driver may take 1 or more rest periods during the
trip, which shall not be included in the calculation of the
driving time;
(4) after completion of the trip, the driver shall be
required to take a rest break for a period that is 5 hours
less than the maximum driving time under paragraph (2);
(5) if the driver is within 150 air-miles of the point of
delivery, any additional driving to that point of delivery
shall not be included in the calculation of the driving time;
and
(6) the 10-hour rest period under section 395.3(a)(1) of
that title shall not apply.
______