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104TH CONGRESS
2D SESSION
H. R. 3492
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 consum-
ers, 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. VOLKMER 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 re-
moving limitations on maximum driving and on-duty time
pertaining to utility vehicle operators and drivers, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Utility Consumer Serv-
ice Improvement and Protection Act of 1996’’.
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SEC. 2. EXEMPTION FROM CERTAIN REGULATIONS FOR
UTILITY SERVICE COMMERCIAL MOTOR VE-
HICLE DRIVERS.
Section 31502 of title 49, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) EXCEPTION.—
‘‘(1) IN GENERAL.—Notwithstanding with other
provision of law, regulations promulgated under this
section or section 31136 regarding—
‘‘(A) maximum driving and on-duty times
applicable to operators of commercial motor ve-
hicles;
‘‘(B) physical testing, reporting, or record-
keeping; and
‘‘(C) the installation of automatic record-
ing devices associated with establishing the
maximum driving and on-duty times referred to
in subparagraph (A),
shall not apply to any driver of a utility service
vehicle.
‘‘(2) DEFINITIONS.—For purposes of this sub-
section, the following definitions shall apply:
‘‘(A) DRIVER OF A UTILITY SERVICE VEHI-
CLE.—The term ‘driver of a utility service vehi-
cle’ means any driver who is considered to be
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a driver of a utility service vehicle for purposes
of section 345(a)(4) of the National Highway
System Designation Act of 1995 (19 U.S.C.
31136 note).
‘‘(B) UTILITY
SERVICE
VEHICLE.—The
term ‘utility service vehicle’ has the same mean-
ing as in section 345(e)(6) of the National
Highway System Designation Act of 1995 (49
U.S.C. 31136 note).’’.
SEC. 3. CONTINUED APPLICATION OF SAFETY AND MAINTE-
NANCE REQUIREMENTS.
(a) IN GENERAL.—The amendment made by this Act
may not be construed—
(1) to exempt any utility service vehicle from
compliance with any applicable provision of law re-
lating to vehicle mechanical safety, maintenance re-
quirements, or inspections; or
(2) to exempt any driver of a utility service ve-
hicle from any applicable provision of law (including
any regulation) established for the issuance, mainte-
nance, or periodic renewal of a commercial driver’s
license for that driver.
(b) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
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(1) COMMERCIAL
DRIVER’S
LICENSE:—The
term ‘‘commercial driver’s license’’ has the same
meaning as in section 31301(3) of title 49, United
States Code.
(2) DRIVER OF A UTILITY SERVICE VEHICLE.—
The term ‘‘driver of a utility service vehicle’’ has the
same meaning as in section 31502(e)(2)(A) of title
49, United States Code, as added by section 2 of
this Act.
(3) REGULATION.—The term ‘‘regulation’’ has
the same meaning as in section 31132(7) of title 49,
United States Code.
(4) UTILITY
SERVICE
VEHICLE.—The term
‘‘utility service vehicle’’ has the same meaning as in
section 345(e)(6) of the National Highway System
Designation Act of 1995 (49 U.S.C. 31136 note).
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