II

104TH CONGRESS

2D SESSION S. 1714

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 SENATE OF THE UNITED STATES

APRIL 29, 1996

Mr. DOLE (for Mr. BURNS) introduced the following bill; which was read twice

and referred to the Committee on Commerce, Science, and Transportation

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Utility Consumer Serv5 ice Improvement and Protection Act of 1996’’.
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1 SEC. 2. EXEMPTION FROM CERTAIN REGULATIONS FOR

2 UTILITY SERVICE COMMERCIAL MOTOR VE3 HICLE DRIVERS.

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

5 amended by adding at the end the following new sub6 section:

7 ‘‘(e) EXCEPTION.—

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

9 provision of law, regulations promulgated under this

10 section or section 31136 regarding—

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

12 applicable to operators of commercial motor ve13 hicles;

14 ‘‘(B) physical testing, reporting, or record15 keeping; and

16 ‘‘(C) the installation of automatic record17 ing devices associated with establishing the

18 maximum driving and on-duty times referred to

19 in subparagraph (A),

20 shall not apply to any driver of a utility service vehi21 cle.

22 ‘‘(2) DEFINITIONS.—For purposes of this sub23 section, the following definitions shall apply:

24 ‘‘(A) DRIVER OF A UTILITY SERVICE VEHI25 CLE.—The term ‘driver of a utility service vehi26 cle’ means any driver who is considered to be
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1 a driver of a utility service vehicle for purposes

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

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

4 31136 note).

5 ‘‘(B) UTILITY SERVICE VEHICLE.—The

6 term ‘utility service vehicle’ has the same mean7 ing as in section 345(e)(6) of the National

8 Highway System Designation Act of 1995 (49

9 U.S.C. 31136 note).’’.

10 SEC. 3. CONTINUED APPLICATION OF SAFETY AND MAINTE11 NANCE REQUIREMENTS.

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

13 may not be construed—

14 (1) to exempt any utility service vehicle from

15 compliance with any applicable provision of law re16 lating to vehicle mechanical safety, maintenance re17 quirements, or inspections; or

18 (2) to exempt any driver of a utility service ve19 hicle from any applicable provision of law (including

20 any regulation) established for the issuance, mainte21 nance, or periodic renewal of a commercial driver’s

22 license for that driver.

23 (b) DEFINITIONS.—For purposes of this section, the

24 following definitions shall apply:
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1 (1) COMMERCIAL DRIVER’S LICENSE.—The

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

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

4 States Code.

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

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

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

8 49, United States Code, as added by section 2 of

9 this Act.

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

11 the same meaning as in section 31132(7) of title 49,

12 United States Code.

13 (4) UTILITY SERVICE VEHICLE.—The term

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

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

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

Æ