I 
112TH CONGRESS 
1ST SESSION 
H. R. 756 
To direct the Secretary of Transportation to prescribe standards for the 
maximum number of hours that an operator of a commercial motor 
vehicle may be reasonably detained by a shipper or receiver, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2011 
Mr. DEFAZIO introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To direct the Secretary of Transportation to prescribe stand-
ards for the maximum number of hours that an operator 
of a commercial motor vehicle may be reasonably de-
tained by a shipper or receiver, 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. DETENTION OF OPERATORS OF COMMERCIAL 
MOTOR VEHICLES BY SHIPPERS AND RECEIV-
ERS. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a study on the detention of operators of commer-
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cial motor vehicles by shippers and receivers before the 
loading and unloading of such vehicles. 
(b) ELEMENTS OF STUDY.—In conducting the study, 
the Secretary shall assess— 
(1) the average length of time that operators of 
commercial motor vehicles are detained before the 
loading and unloading of such vehicles; 
(2) how such detentions impact such operators 
under various compensation structures in the motor 
carrier industry; 
(3) the extent to which such detentions result 
in violations of the Secretary’s regulations on max-
imum hours of service prescribed under section 
31502 of title 49, United States Code; and 
(4) the feasibility of tracking the causes of vio-
lations of such regulations. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Secretary shall submit to 
the Committee on Transportation and Infrastructure 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. 
SEC. 2. RULEMAKING. 
(a) IN GENERAL.—Not later than one year after the 
date of submission of the report under section 1, the Sec-
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retary of Transportation shall prescribe, by regulation, 
standards for the maximum number of hours that an oper-
ator of a commercial motor vehicle transporting property 
in interstate commerce may be reasonably detained by a 
shipper or receiver before the loading or unloading of the 
vehicle, if the operator is not compensated for time de-
tained. 
(b) CONTENTS.—As part of the rulemaking, the Sec-
retary shall— 
(1) consider whether the effect on safety of un-
reasonable detention of operators of commercial 
motor vehicles differs based on how an operator is 
compensated; 
(2) consider any correlation between unreason-
able detention time of such an operator and a viola-
tion of the Secretary’s regulations on maximum 
hours of service prescribed under section 31502 of 
title 49, United States Code; 
(3) establish a process for an employer, shipper, 
receiver, broker, or commercial motor vehicle oper-
ator to report violations of the Secretary’s standards 
on detention time, including by providing data con-
tained in an electronic on-board recorder or through 
another mechanism authorized by the Secretary; and 
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