I

104TH CONGRESS

2D SESSION H. R. 3480

To amend title 49, United States Code, to ensure the ability of utility

providers to establish, improve, operate, and maintain utility structures,

facilities, and equipment for the benefit, safety, and well-being of consumers, by removing limitations on maximum driving and on-duty time

pertaining to utility vehicle operators and drivers, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1996

Mr. LAHOOD (for himself and Mr. PETERSON of Minnesota) introduced the

following bill; which was referred to the Committee on Transportation

and Infrastructure

A BILL

To amend title 49, United States Code, to ensure the ability

of utility providers to establish, improve, operate, and

maintain utility structures, facilities, and equipment for

the benefit, safety, and well-being of consumers, by removing limitations on maximum driving and on-duty time

pertaining to utility vehicle operators and drivers, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Utility Consumer Serv3 ice Improvement and Protection Act of 1996’’.

4 SEC. 2. EXEMPTION FROM CERTAIN REGULATIONS FOR

5 UTILITY SERVICE COMMERCIAL MOTOR VE6 HICLE DRIVERS.

7 Section 31502 of title 49, United States Code, is

8 amended by adding at the end the following new sub9 section:

10 ‘‘(e) EXCEPTION.—

11 ‘‘(1) IN GENERAL.—Notwithstanding any other

12 provision of law, regulations promulgated under this

13 section or section 31136 regarding—

14 ‘‘(A) maximum driving and on-duty times

15 applicable to operators of commercial motor ve16 hicles;

17 ‘‘(B) physical testing, reporting, or record18 keeping; and

19 ‘‘(C) the installation of automatic record20 ing devices associated with establishing the

21 maximum driving and on-duty times referred to

22 in subparagraph (A),

23 shall not apply to any driver of a utility service vehi24 cle.

25 ‘‘(2) DEFINITIONS.—For purposes of this sub26 section, the following definitions shall apply:
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1 ‘‘(A) DRIVER OF A UTILITY SERVICE VEHI2 CLE.—The term ‘driver of a utility service vehi3 cle’ means any driver who is considered to be

4 a driver of a utility service vehicle for purposes

5 of section 345(a)(4) of the National Highway

6 System Designation Act of 1995 (19 U.S.C.

7 31136 note).

8 ‘‘(B) UTILITY SERVICE VEHICLE.—The

9 term ‘utility service vehicle’ has the same mean10 ing as in section 345(e)(6) of the National

11 Highway System Designation Act of 1995 (49

12 U.S.C. 31136 note).’’.

13 SEC. 3. CONTINUED APPLICATION OF SAFETY AND MAINTE14 NANCE REQUIREMENTS.

15 (a) IN GENERAL.—The amendment made by this Act

16 may not be construed—

17 (1) to exempt any utility service vehicle from

18 compliance with any applicable provision of law re19 lating to vehicle mechanical safety, maintenance re20 quirements, or inspections; or

21 (2) to exempt any driver of a utility service ve22 hicle from any applicable provision of law (including

23 any regulation) established for the issuance, mainte24 nance, or periodic renewal of a commercial driver’s

25 license for that driver.
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1 (b) DEFINITIONS.—For purposes of this section, the

2 following definitions shall apply:

3 (1) COMMERCIAL DRIVER’S LICENSE.—The

4 term ‘‘commercial driver’s license’’ has the same

5 meaning as in section 31301(3) of title 49, United

6 States Code.

7 (2) DRIVER OF A UTILITY SERVICE VEHICLE.—

8 The term ‘‘driver of a utility service vehicle’’ has the

9 same meaning as in section 31502(e)(2)(A) of title

10 49, United States Code, as added by section 2 of

11 this Act.

12 (3) REGULATION.—The term ‘‘regulation’’ has

13 the same meaning as in section 31132(6) of title 49,

14 United States Code.

15 (4) UTILITY SERVICE VEHICLE.—The term

16 ‘‘utility service vehicle’’ has the same meaning as in

17 section 345(e)(6) of the National Highway System

18 Designation Act of 1995 (49 U.S.C. 31136 note).

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