II 

117TH CONGRESS 

1ST SESSION S. 3054 

To require the Secretary of Transportation to modify certain regulations 

relating to hours of service requirements for drivers of property-carrying 

commercial motor vehicles, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 21, 2021 

Mr. LEE introduced the following bill; which was read twice and referred to 

the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Secretary of Transportation to modify certain 

regulations relating to hours of service requirements for 

drivers of property-carrying commercial motor vehicles, 

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 ‘‘Truck Driver Safety 

5 and Flexibility Act’’. 

6 SEC. 2. HOURS OF SERVICE REQUIREMENTS; COMMERCIAL 

7 DRIVER’S LICENSES. 

8 (a) HOURS OF SERVICE REQUIREMENTS.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date of enactment of this Act, the Secretary of 

3 Transportation, acting through the Administrator of 

4 the Federal Motor Carrier Safety Administration 

5 (referred to in this Act as the ‘‘Secretary’’), shall re6 vise section 395.3 of title 49, Code of Federal Regu7 lations— 

8 (A) to increase the maximum driving time 

9 for a driver of a property-carrying commercial 

10 motor vehicle from 11 hours to 12 hours; 

11 (B) to establish a maximum on-duty time 

12 of 14 hours during any 24-hour period (as de13 fined in section 395.2 of that title (or a suc14 cessor regulation)) for a driver of a property15 carrying commercial motor vehicle; 

16 (C) to provide that the on-duty time of a 

17 driver of a property-carrying commercial motor 

18 vehicle may not begin unless— 

19 (i)(I) the driver has first taken 10 

20 consecutive hours off duty; and 

21 (II) during the period of on-duty time, 

22 the driver complies with all applicable re23 quirements of section 395.3 of that title, 

24 including the requirement described in subVerDate Sep 11 2014 04:00 Oct 26, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3054.IS S3054

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1 section (a)(3)(ii) of that section (or a suc2 cessor regulation); or 

3 (ii) at the election of the driver— 

4 (I) the driver has taken 8 con5 secutive hours off duty; 

6 (II) during the period of on-duty 

7 time, the driver complies with all ap8 plicable requirements of section 395.3 

9 of that title, including the requirement 

10 described in subsection (a)(3)(ii) of 

11 that section (or a successor regula12 tion); and 

13 (III) the driver— 

14 (aa) takes 2 rest breaks of 

15 30 minutes each, which may be 

16 taken separately or consecutively, 

17 at the election of the driver, dur18 ing the period of on-duty time if 

19 the driving time of the driver 

20 during that period of on-duty 

21 time is not more than 8 hours; 

22 (bb) takes 3 rest breaks of 

23 30 minutes each, which, subject 

24 to the requirement described in 

25 section 395.3(a)(3)(ii) of that 


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1 title (or a successor regulation), 

2 may be taken separately or con3 secutively, at the election of the 

4 driver, during the period of on5 duty time if the driving time of 

6 the driver during that period of 

7 on-duty time is more than 8, but 

8 not more than 10, hours; or 

9 (cc) takes 4 rest breaks of 

10 30 minutes each, which, subject 

11 to the requirement described in 

12 section 395.3(a)(3)(ii) of that 

13 title (or a successor regulation), 

14 may be taken separately or con15 secutively, at the election of the 

16 driver, during the period of on17 duty time if the driving time of 

18 the driver during that period of 

19 on-duty time is more than 10, 

20 but not more than 12, hours; 

21 (D) to provide that any rest break taken 

22 by a driver shall be considered to be off-duty 

23 time excluded from the calculation of on-duty 

24 time; and 


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1 (E) to provide that, if, at the time that the 

2 driver of a property-carrying commercial motor 

3 vehicle reaches 14 hours of on-duty time or 12 

4 hours of driving time, the driver is within 150 

5 miles of the destination of the trip, as estab6 lished at the outset of the trip— 

7 (i) the driver may continue driving 

8 until that destination is reached; 

9 (ii) the driving time of the driver shall 

10 exclude all time— 

11 (I) during the period beginning 

12 when the driver reaches 12 hours of 

13 driving time and ending on completion 

14 of the trip; and 

15 (II) that is necessary to reach, or 

16 otherwise complete the trip at, that 

17 destination; and 

18 (iii) the on-duty time of the driver 

19 shall exclude all time— 

20 (I) during the period beginning 

21 when the driver reaches 14 hours of 

22 on-duty time and ending on comple23 tion of the trip; and 

24 (II) during which the driver car25 ries out an activity necessary to reach, 


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1 or otherwise complete the trip at, that 

2 destination, including any time de3 scribed in paragraph (3) or (5) of the 

4 definition of the term ‘‘on-duty time’’ 

5 in section 395.2 of that title (or a suc6 cessor regulation). 

7 (2) REQUIREMENT.—In carrying out paragraph 

8 (1), the Secretary shall not modify the limits de9 scribed in section 395.3(b) of title 49, Code of Fed10 eral Regulations. 

11 (3) LIMITATION.—Beginning on the date of en12 actment of this Act, if the Secretary revises section 

13 395.1(e)(1) of title 49, Code of Federal Regula14 tions— 

15 (A) the Secretary may not decrease the 

16 150 air-mile radius described in that section, 

17 but may increase that radius, as the Secretary 

18 determines to be appropriate; and 

19 (B) the Secretary may not revise any 14- 

20 hour period described in that section to a period 

21 that is less than 14 hours, but may increase the 

22 length of the period beyond 14 hours, as the 

23 Secretary determines to be appropriate. 

24 (b) COMMERCIAL DRIVER’S LICENSES.—Not later 

25 than 90 days after the date of enactment of this Act, the 


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1 Secretary shall revise section 391.11 of title 49, Code of 

2 Federal Regulations, to lower the minimum age for obtain3 ing a commercial driver’s license from 21 to 18 years of 

4 age. 

5 SEC. 3. ELECTRONIC LOGGING DEVICE OVERSIGHT. 

6 (a) REPORT ON PROCESSES OF THE FEDERAL

7 MOTOR CARRIER SAFETY ADMINISTRATION.—Not later 

8 than 180 days after the date of enactment of this Act, 

9 the Secretary shall submit to Congress a report detailing 

10 the processes— 

11 (1) used by the Federal Motor Carrier Safety 

12 Administration— 

13 (A) to review electronic logging device logs; 

14 and 

15 (B) to protect proprietary information and 

16 personally identifiable information obtained 

17 from electronic logging device logs; and 

18 (2) through which an operator may challenge or 

19 appeal a violation notice issued by the Federal 

20 Motor Carrier Safety Administration relating to an 

21 electronic logging device. 

22 (b) STUDY ON THE COSTS AND EFFECTIVENESS OF

23 ELECTRONIC LOGGING DEVICES.—Not later than 180 

24 days after the date of enactment of this Act, the Comp25 troller General of the United States shall— 


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1 (1) complete a study on the costs and effective2 ness of electronic logging devices; and 

3 (2) submit to Congress a report on the results 

4 of the study under paragraph (1). 

Æ 


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