643 
provided to restricted commercial driver’s license holders 
under section 383.3(f) of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of this Act. 
SEC. 6406. PROGRAM TO ASSIST VETERANS TO ACQUIRE 
COMMERCIAL DRIVER’S LICENSES. 
(a) ESTABLISHMENT.—Not later than 1 year after the 
date of enactment of this Act, the Secretary, in consultation 
with the Secretary of Defense and in cooperation with the 
States, shall establish accelerated licensing procedures to as-
sist veterans to acquire commercial driver’s licenses. 
(b) ACCELERATED
LICENSING
PROCEDURES.—The 
procedures established under subsection (a) shall be designed 
to be applicable to any veteran who— 
(1) is attempting to acquire a commercial driv-
er’s license; and 
(2) obtained, during military service, driving ex-
perience that, in the determination of the Secretary, 
makes the use of accelerated licensing procedures ap-
propriate. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) COMMERCIAL DRIVER’S LICENSE.—The term 
‘‘commercial driver’s license’’ has the meaning given 
that term in section 31301 of title 49, United States 
Code. 
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(2) STATE.—The term ‘‘State’’ has the meaning 
given that term in section 31301 of title 49, United 
States Code. 
(3) VETERAN.—The term ‘‘veteran’’ has the 
meaning given that term in section 101 of title 38, 
United States Code. 
Subtitle E—Motor Carrier Safety 
SEC. 6501. MOTOR CARRIER TRANSPORTATION. 
Section 13506(a)(4) is amended by inserting ‘‘in inter-
state or intrastate commerce’’ after ‘‘a motor vehicle’’. 
SEC. 6502. HOURS OF SERVICE STUDY. 
(a) HOURS OF SERVICE STUDY.— 
(1) IN
GENERAL.—Not later than March 31, 
2013, the Secretary shall complete a field study on the 
efficacy of the restart rule published on December 27, 
2011 (in this section referred to as the ‘‘2011 restart 
rule’’), applicable to operators of commercial motor 
vehicles of property subject to maximum driving time 
requirements of the Secretary. 
(2) REQUIREMENT.—The study shall expand 
upon the results of the laboratory-based study relating 
to commercial motor vehicle driver fatigue sponsored 
by the Federal Motor Carrier Safety Administration 
presented in the report of December 2010 titled ‘‘In-
vestigation into Motor Carrier Practices to Achieve 
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Optimal Commercial Motor Vehicle Driver Perform-
ance: Phase I’’. 
(3) CRITERIA.—In conducting the field study, 
the Secretary shall ensure that— 
(A) the methodology for the field study is 
consistent, to the maximum extent possible, with 
the laboratory-based study methodology; 
(B) the data collected is representative of 
the drivers and motor carriers affected by the 
maximum driving time requirements; 
(C) the analysis is statistically valid; and 
(D) the field study follows the plan for the 
‘‘Scheduling and Fatigue Recovery Project’’ de-
veloped by the Federal Motor Carrier Safety Ad-
ministration. 
(b) REPORT TO CONGRESS.—Not later than April 30, 
2013, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing the results 
of the study. 
(c) RULE MODIFICATION AND IMPLEMENTATION.— 
(1) APPLICABLE
RESTART
RULE.—The restart 
rule published on November 19, 2008, shall remain in 
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effect until the Secretary completes the field study on 
the 2011 restart rule under subsection (a). 
(2) IMPLEMENTATION
ON
SCHEDULE.—If the 
Secretary determines that the results of the field study 
support the 2011 restart rule, the rule shall be imple-
mented beginning on the effective date established in 
the rule. 
(3) MODIFICATION.— 
(A) IN GENERAL.—If the Secretary deter-
mines that the results of the field study do not 
support the 2011 restart rule, the Secretary 
shall— 
(i) stay the implementation of the rule; 
and 
(ii) conduct a rulemaking to modify 
the rule based on the results of the study. 
(B) INTERIM RULE.—If the Secretary stays 
the implementation of the 2011 restart rule 
under subparagraph (A)(i), the restart rule pub-
lished on November 19, 2008, shall remain in ef-
fect until the effective date of a final rule issued 
under subparagraph (A)(ii). 
SEC. 6503. ELECTRONIC LOGGING DEVICES. 
(a) IN GENERAL.—If the Secretary issues regulations 
regarding electronic logging devices to be used to monitor 
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compliance with the Secretary’s requirements for hours of 
service of drivers under part 395 of title 49, Code of Federal 
Regulations, the regulations shall include performance 
standards. 
(b) PERFORMANCE STANDARDS AND CERTIFICATION 
CRITERIA.— 
(1) PERFORMANCE STANDARDS.—Any perform-
ance standards issued under subsection (a) shall en-
sure, at a minimum, that an electronic logging device 
installed in a commercial motor vehicle— 
(A) is synchronized to the operation of the 
vehicle engine or is capable of recognizing when 
the vehicle is being operated; 
(B) is able to identify each individual who 
operates the vehicle and track the periods during 
which such individual operates the vehicle; 
(C) automatically creates a record of all 
changes in duty status necessary to determine 
compliance with part 395 of title 49, Code of 
Federal Regulations; 
(D) enables law enforcement personnel to 
access information contained in the recorder 
quickly and easily during a roadside inspection; 
and 
(E) is tamperproof. 
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(2) CERTIFICATION CRITERIA.— 
(A) IN GENERAL.—If the Secretary issues 
regulations described in subsection (a), the Sec-
retary, in issuing the regulations, shall establish 
the criteria and a process for the certification of 
electronic logging devices to ensure that such de-
vices meet the performance standards issued 
under subsection (a). 
(B) EFFECT OF NONCERTIFICATION.—Elec-
tronic logging devices that are not certified in 
accordance with the certification process estab-
lished under subparagraph (A) shall not be ac-
ceptable evidence of hours of service and record 
of duty status requirements under part 395 of 
title 49, Code of Federal Regulations. 
(3) ADDITIONAL
REQUIREMENTS.—If the Sec-
retary issues regulations described in subsection (a), 
the Secretary, in issuing the regulations, shall— 
(A) define a standardized user interface to 
aid vehicle operator compliance and law enforce-
ment reviews; 
(B) establish a secure process for— 
(i) standardized and unique vehicle op-
erator identification; 
(ii) data access; 
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(iii) data transfer for vehicle operators 
between motor vehicles; 
(iv) data storage for motor carriers; 
and 
(v) data transfer and transportability 
for law enforcement; 
(C) establish a standard security level for 
electronic logging devices to be tamperproof; and 
(D) establish rules necessary to ensure that 
electronic logging devices will not be used to har-
ass a vehicle operator. 
(c) ADDITIONAL CONSIDERATIONS.—If the Secretary 
issues regulations described in subsection (a), the Secretary, 
in issuing the regulations, shall— 
(1) evaluate the ability of electronic logging de-
vice technologies that meet the performance standards 
described in subsection (b)— 
(A) to record accurately the time an indi-
vidual operating a commercial motor vehicle 
spends on duty but not driving, including time 
spent loading and unloading; and 
(B) to ensure all time on duty is accounted 
for and cannot be altered or otherwise tampered 
with by the operator or motor carrier; 
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(2) reduce or eliminate requirements for drivers 
and motor carriers to retain supporting documenta-
tion associated with paper-based records of duty sta-
tus if— 
(A) data contained in an electronic logging 
device supplants such documentation; and 
(B) using such data without paper-based 
records does not diminish the Secretary’s ability 
to audit and review compliance with the Sec-
retary’s hours of service regulations; 
(3) include such measures as the Secretary deter-
mines are necessary to protect the privacy of individ-
uals whose personal information is contained in an 
electronic logging device; 
(4) include such measures as are necessary to en-
sure that any information collected by the electronic 
logging device is used by enforcement personnel only 
for the purpose of determining compliance with 
hours-of-service requirements and is stored no longer 
than necessary under the rules; and 
(5) include such measures as are necessary to 
prohibit public access to data collected by electronic 
logging devices. 
(d) USE OF DATA.— 
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(1) IN GENERAL.—The Secretary may utilize in-
formation contained in an electronic logging device 
only to enforce the Secretary’s motor carrier safety 
and related regulations, including record-of-duty sta-
tus regulations. 
(2) MEASURES TO PRESERVE CONFIDENTIALITY 
OF PERSONAL DATA.—The Secretary shall institute 
appropriate measures to preserve the confidentiality 
of any personal data contained in an electronic log-
ging device and disclosed in the course of actions 
taken by the Secretary or law enforcement officials to 
enforce the regulations referred to in paragraph (1). 
(e) DEFINITIONS.—In this section, the following defini-
tions apply: 
(1) COMMERCIAL
MOTOR
VEHICLE.—The term 
‘‘commercial motor vehicle’’ has the meaning given 
that term in section 31132 of title 49, United States 
Code. 
(2) ELECTRONIC
LOGGING
DEVICE.—The term 
‘‘electronic logging device’’ means an electronic device 
that acquires and stores data showing the record of 
duty status of the vehicle operator. 
(3) TAMPERPROOF.—The term ‘‘tamperproof’’ 
means to not allow any individual to cause an elec-
tronic device to record the incorrect duty status of a 
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commercial motor vehicle operator under part 395 of 
title 49, Code of Federal Regulations, or to subse-
quently alter the record created by that device. 
SEC. 6504. MOTOR CARRIER SAFETY ADVISORY COMMITTEE. 
Section 4144(d) of SAFETEA–LU (49 U.S.C. 31100 
note; 119 Stat. 1748) is amended by striking ‘‘shall termi-
nate’’ and all that follows through the period at the end 
and inserting ‘‘shall terminate on September 30, 2017.’’. 
SEC. 6505. TRANSPORTATION OF AGRICULTURAL COMMOD-
ITIES AND FARM SUPPLIES. 
Section 229(a)(1) of the Motor Carrier Safety Im-
provement Act of 1999 (49 U.S.C. 31136 note) is amended 
to read as follows: 
‘‘(1) TRANSPORTATION OF AGRICULTURAL COM-
MODITIES AND FARM SUPPLIES.—Regulations issued 
by the Secretary under sections 31136 and 31502 of 
title 49, United States Code, regarding maximum 
driving and on-duty time for a driver used by a 
motor carrier, shall not apply during a planting or 
harvest period of a State, as that period is determined 
by the State, to— 
‘‘(A) drivers transporting agricultural com-
modities in the State from the source of the agri-
cultural commodities to a location within a 150 
air-mile radius from the source; 
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‘‘(B) drivers transporting farm supplies for 
agricultural purposes in the State from a whole-
sale or retail distribution point of the farm sup-
plies to a farm or other location where the farm 
supplies are intended to be used within a 150 
air-mile radius from the distribution point; or 
‘‘(C) drivers transporting farm supplies for 
agricultural purposes in the State from a whole-
sale distribution point of the farm supplies to a 
retail distribution point of the farm supplies 
within a 150 air-mile radius from the wholesale 
distribution point.’’. 
SEC. 6506. EXEMPTION RELATING TO TRANSPORTATION OF 
GRAPES DURING HARVEST PERIODS. 
Regulations issued by the Secretary of Transportation 
under sections 31136 and 31502 of title 49, United States 
Code, regarding maximum driving and on-duty time for 
a driver used by a motor carrier, shall not apply, beginning 
on the date of enactment of this Act, to a driver trans-
porting grapes in a State if the transportation— 
(1) is during a harvest period (as that period is 
determined by the State); and 
(2) is limited to an area within a 175 air-mile 
radius from the location where the grapes are picked 
or distributed. 
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Subtitle F—Miscellaneous 
SEC. 6601. EXEMPTIONS FROM REQUIREMENTS FOR CER-
TAIN FARM VEHICLES. 
(a) FEDERAL REQUIREMENTS.—A covered farm vehi-
cle, including the individual operating that vehicle, shall 
be exempt from the following: 
(1) Any requirement relating to commercial 
driver’s licenses established under chapter 313 of title 
49, United States Code. 
(2) Any requirement relating to drug testing es-
tablished under chapter 313 of title 49, United States 
Code. 
(3) Any requirement relating to medical certifi-
cates established under— 
(A) subchapter III of chapter 311 of title 
49, United States Code; or 
(B) chapter 313 of title 49, United States 
Code. 
(4) Any requirement relating to hours of service 
established under— 
(A) subchapter III of chapter 311 of title 
49, United States Code; or 
(B) chapter 315 of title 49, United States 
Code. 
(b) STATE REQUIREMENTS.— 
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(1) IN GENERAL.—Federal transportation fund-
ing to a State may not be terminated, limited, or oth-
erwise interfered with as a result of the State exempt-
ing a covered farm vehicle, including the individual 
operating that vehicle, from any State requirement 
relating to the operation of that vehicle. 
(2) EXCEPTION.—Paragraph (1) does not apply 
with respect to a covered farm vehicle transporting 
hazardous materials that require a placard. 
(c) COVERED FARM VEHICLE DEFINED.— 
(1) IN GENERAL.—In this section, the term ‘‘cov-
ered farm vehicle’’ means a motor vehicle— 
(A) that— 
(i) is traveling in the State in which 
the vehicle is registered or another State; 
(ii) is operated by— 
(I) a farm owner or operator; 
(II) a ranch owner or operator; or 
(III) an employee or family mem-
ber of an individual specified in sub-
clause (I) or (II); 
(iii) is transporting to or from a farm 
or ranch— 
(I) agricultural commodities; 
(II) livestock; or 
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(III) machinery or supplies; 
(iv) except as provided in paragraph 
(2), is not used in the operations of a for- 
hire motor carrier; and 
(v) is equipped with a special license 
plate or other designation by the State in 
which the vehicle is registered to allow for 
identification of the vehicle as a farm vehi-
cle by law enforcement personnel; and 
(B) that has a gross vehicle weight rating or 
gross vehicle weight, whichever is greater, that 
is— 
(i) 26,001 pounds or less; or 
(ii) greater than 26,001 pounds and 
traveling within 150 air miles of the farm 
or ranch with respect to which the vehicle is 
being operated. 
(2) INCLUSION.—In this section, the term ‘‘cov-
ered farm vehicle’’ includes a motor vehicle that meets 
the requirements of paragraph (1) (other than para-
graph (1)(A)(iv)) and is— 
(A) operated pursuant to a crop share farm 
lease agreement; 
(B) owned by a tenant with respect to that 
agreement; and 
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(C) transporting the landlord’s portion of 
the crops under that agreement. 
SEC. 6602. TECHNICAL CORRECTION. 
Section 306(c)(2)(B) of the SAFETEA–LU Technical 
Corrections Act of 2008 (29 U.S.C. 207 note; 122 Stat. 
1621) is amended— 
(1) in clause (ii) by striking ‘‘or’’ at the end; 
(2) in clause (iii) by striking ‘‘and’’ at the end 
and inserting ‘‘or’’; and 
(3) by adding at the end the following: 
‘‘(iv) operating under contracts with 
rail carriers subject to part A of subtitle IV 
of title 49, United States Code, and used to 
transport employees of such rail carriers; 
and’’. 
SEC. 6603. STUDY OF IMPACT OF REGULATIONS ON SMALL 
TRUCKING COMPANIES. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study to assess trends in motor car-
rier safety relating to small trucking companies and inde-
pendent operators, including the extent to which Federal 
motor carrier safety regulation adversely impacts and eco-
nomically and competitively disadvantages small trucking 
companies and independent operators and the extent to 
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which there is a correlation between company size and crash 
rates and crash causation. 
(b) CONTENTS.—The study shall contain the following: 
(1) Overall trends in highway crashes involving 
large trucks for the past 2 decades, including a sepa-
rate analysis of the annual number of incidents in-
volving a large truck only, a truck and automobile, 
and more than one large truck. 
(2) Crash causation factors typical in each type 
of incident described in paragraph (1), including the 
frequency of large truck crashes caused by or in which 
an automobile driver was predominately at fault, and 
the ratio of truck driver fatigue versus automobile 
driver fatigue. 
(3) The correlation of— 
(A) truck driver turnover and truck driver 
retention and longevity rates with a given truck-
ing company to company crash rates, crash cau-
sation, the severity of injuries, number of fatali-
ties, and fault; and 
(B) truck driver experience and safety 
records proportional to company size. 
(4) The role of truck driver experience level, lon-
gevity with a given trucking company, retention rate, 
high driver turnover rates, and truck driver inexperi-
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ence in highway crashes involving trucks, and the de-
gree to which each is a factor in a crash. 
(5) The degree and frequency of such contrib-
uting factors as weather conditions, traffic congestion, 
daytime or nighttime conditions, variety of road and 
vehicle types, and types of pick-up and delivery loca-
tions (such as urban, rural, and small metropolitan 
areas) in crashes involving a truck. 
(6) Impacts and incentives perceived by truck 
drivers caused by current Federal motor carrier safety 
regulations and the inflexibility in the application 
and enforcement of regulations. 
(7) An assessment of the data quality of the 
Compliance, Safety, and Accountability initiative of 
the Federal Motor Carrier Safety Administration, in-
cluding compliance with the Data Quality Act (Pub-
lic Law 106–554; section 515 of H.R. 5658, as intro-
duced on December 14, 2000), the number of carriers 
for which there is insufficient data, discrepancies in 
measurements and methodologies, complaints about 
data quality, and whether company size impacts data 
quality. 
(c) REPORT.—Not later than 9 months after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Committee on Transportation and Infrastructure 
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of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the results of the study, including recommendations for 
achieving a better balance of safety with competition and 
efficiency and recommendations to reduce adverse regu-
latory impacts on small trucking companies and inde-
pendent operators. 
(d) PROHIBITION.—No proposed regulations from the 
Federal Motor Carrier Safety Administration that relate to 
the contents of the study may become final or take effect 
before the expiration of the 180-day period beginning on 
the date the Comptroller General submits to the Committees 
the report described in subsection (c). 
SEC. 6604. REPORT ON SMALL TRUCKING COMPANIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, and annually thereafter, the 
Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate a report on the efforts of the Department of 
Transportation to better balance truck competition and effi-
ciency with safety. 
(b) CONTENTS.—The report shall contain the fol-
lowing: 
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(1) A description of specific steps that modal ad-
ministrations within the Department have taken and 
plan to take to reduce economic and competitive dis-
advantages imposed by specific regulations on small 
trucking companies, their truck drivers, and inde-
pendent operators. 
(2) A description of specific performance goals, 
plans for, and performance to date on regulatory 
flexibility measures, pursuant to the Regulatory 
Flexibility Act (Public Law 96–354), the Data Qual-
ity Act (Public Law 106–554; section 515 of H.R. 
5658, as introduced on December 14, 2000), and the 
Paperwork Reduction Act of 1980 (Public Law 96– 
511), that are affirmatively and precisely designed to 
achieve greater flexibility with respect to regulatory 
compliance, in particular detailing concrete steps to 
reasonably accommodate the needs unique to small 
trucking companies, independent operators, and spe-
cial load haulers (such as of livestock, frozen food-
stuffs, and automobiles), relating to hours of service 
rules, log- and recordkeeping, and the accounting of 
driver time lost due to loading and unloading, traffic, 
or weather delays. 
(3) A table showing the relation of truck driver 
experience and tenure with a trucking company or as 
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an independent operator to incidence of being at fault 
in an accident. 
SEC. 6605. RULEMAKING ON ROAD VISIBILITY OF AGRICUL-
TURAL EQUIPMENT. 
(a) RULEMAKING.—Not later than 2 years after the 
date of enactment of this Act, the Secretary, after consulta-
tion with the American Society of Agricultural and Biologi-
cal Engineers, other appropriate Federal agencies, and 
other appropriate persons, shall issue a rule to improve the 
daytime and nighttime visibility of agricultural equipment 
that may be operated on a public road. Such rule shall es-
tablish minimum lighting and marking standards for ap-
plicable agricultural equipment manufactured 1 year or 
more subsequent to the effective date of the rule. Such rule 
shall provide for methods, materials, specifications, or 
equipment employed, equivalent to the standard set in 
ANSI/ASAE S279.14 published in July 2008 by the Amer-
ican Society of Agriculture and Biological Engineers and 
entitled ‘‘Lighting and Marking of Agricultural Equipment 
on Highways’’, or any successor standard. 
(b) REVIEW.—The Secretary shall periodically, and 
not less than once every 5 years, review the standards estab-
lished under this section and shall revise the standards to 
reflect the provisions of the edition of ANSI/ASAE S279 
that is in effect at the time of the review. 
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(c) RULES OF CONSTRUCTION.— 
(1) COMPLIANCE
WITH
SUCCESSOR
STAND-
ARDS.—No provision of any rule issued pursuant to 
this section shall prohibit the operation on public 
roads of agricultural equipment that is equipped ac-
cording to any adopted edition of ANSI/ASAE S279 
that is later than the edition of such standard that 
is referenced during the issuance of the rule. 
(2) NO RETROFITTING REQUIRED.—No provision 
of any rule issued pursuant to this section shall re-
quire the retrofitting of agricultural equipment that is 
manufactured prior to 1 year after the date on which 
a final rule is issued pursuant to subsection (a). 
(3) NO EFFECT ON ADDITIONAL MATERIALS AND 
EQUIPMENT.—No provision of any rule issued pursu-
ant to this section shall prohibit the operation on 
public roads of agricultural equipment that is 
equipped with materials or equipment that are in ad-
dition to the minimum materials and equipment 
specified by the standards established under the rule. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) AGRICULTURAL EQUIPMENT.—The term ‘‘ag-
ricultural equipment’’ means ‘‘agricultural field 
equipment’’ as defined under the standard ANSI/ 
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ASABE S390.4 published by the American Society of 
Agriculture and Biological Engineers, or any suc-
cessor standard. 
(2) PUBLIC ROAD.—The term ‘‘public road’’ has 
the meaning given that term in section 101 of title 
23, United States Code. 
SEC. 6606. TRANSPORTATION OF HORSES. 
Section 80502 of title 49, United States Code, is 
amended— 
(1) in subsection (c) by striking ‘‘This section 
does not’’ and inserting ‘‘Subsections (a) and (b) do 
not’’; 
(2) by redesignating subsection (d) as subsection 
(e); 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) TRANSPORTATION OF HORSES.— 
‘‘(1) PROHIBITION.—No person may transport, 
or cause to be transported, a horse from a place in 
a State, the District of Columbia, or a territory or 
possession of the United States through or to a place 
in another State, the District of Columbia, or a terri-
tory or possession of the United States in a motor ve-
hicle containing 2 or more levels stacked on top of 
each other. 
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665 
‘‘(2) MOTOR VEHICLE DEFINED.—In this sub-
section, the term ‘motor vehicle’ has the meaning 
given that term in section 13102.’’; and 
(4) in subsection (e) (as redesignated by para-
graph (2) of this subsection)— 
(A) by striking ‘‘A rail carrier’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—A rail carrier’’; 
(B) by striking ‘‘this section’’ and inserting 
‘‘subsection (a) or (b)’’; 
(C) by striking ‘‘On learning of a violation’’ 
and inserting the following: 
‘‘(2) TRANSPORTATION
OF
HORSES
IN
MULTI-
LEVEL TRAILER.— 
‘‘(A) CIVIL PENALTY.—A person that know-
ingly violates subsection (d) is liable to the 
United States Government for a civil penalty of 
at least $100 but not more than $500 for each 
violation. A separate violation occurs under sub-
section (d) for each horse that is transported, or 
caused to be transported, in violation of sub-
section (d). 
‘‘(B) RELATIONSHIP TO OTHER LAWS.—The 
penalty provided under subparagraph (A) shall 
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