I
104TH CONGRESS
1ST SESSION
H. R. 2144
To amend title 49, United States Code, in a manner which ensures to
a greater degree 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 in regard to utility vehicle operators
and drivers; and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 31, 1995
Mr. BARRETT of Nebraska (for himself, Mr. HAMILTON, Mr. JACOBS, Mr.
SKELTON, Mr. EMERSON, Mr. VOLKMER, Mr. BEREUTER, Mr.
FUNDERBURK, Mr. EHLERS, Mr. BROWNBACK, Mr. KINGSTON, Mr. BRY-
ANT of Tennessee, Mr. BUNNING of Kentucky, Mr. HEINEMAN, and Mr.
CHAMBLISS) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, in a manner which
ensures to a greater degree the ability of utility providers
to establish, improve, operate and maintain utility struc-
tures, facilities and equipment for the benefit, safety
and well-being of consumers by removing limitations on
maximum driving and on-duty time in regard 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 Protection Act of 1995’’.
SEC. 2. EXEMPTION FROM CERTAIN REGULATIONS PER-
TAINING TO COMMERCIAL MOTOR VEHICLES
AND DRIVERS.
(a) DEFINITIONS.—Section 31132 of title 49, United
States Code, is amended by adding at the end the follow-
ing new paragraphs:
‘‘(11) ‘utility service vehicle’ means any motor
vehicle, regardless of gross weight—
‘‘(A) used on the highways in interstate or
intrastate commerce in the furtherance of build-
ing, repairing, expanding, improving, maintain-
ing, or operating any structures, facilities, exca-
vations, poles, lines, or any other physical fea-
ture necessary for the delivery of public utility
services, including the furnishing of electric,
water, sanitary sewer, telephone, and television
cable or community antenna service;
‘‘(B) while engaged in any activity nec-
essarily related to the ultimate delivery of such
public utility services to consumers, including
travel or movement to, from, upon, or between
activity sites (including occasional travel or
movement outside the service area necessitated
by any utility emergency as determined by the
utility provider); and
‘‘(C) except for any occasional emergency
use, operated primarily within the service area
of a utility’s subscribers or consumers, without
regard to whether the vehicle is owned, leased,
or rented or otherwise contracted for by the
utility;
‘‘(12) ‘utility driver’ means any employee of a
utility provider or other operator (including an inde-
pendent contractor) of a utility service vehicle while
such vehicle is being utilized upon an activity site or
is being moved from place to place in the course of
performing any of the activities described in para-
graph (11)(A).’’.
(b) NONAPPLICABILITY
OF ON-DUTY TIME RE-
QUIREMENTS.—Section 31147 of title 49, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(c) LIMITATION WITH RESPECT TO UTILITY SERV-
ICE
VEHICLES
AND
DRIVERS.—Notwithstanding any
other provision of law, the provisions of this subchapter,
the provisions of chapter 315, and the provisions of any
other relevant authority—as such provisions relate to es-
tablishing maximum driving and on-duty time for drivers
used by motor carriers and any related testing, reporting,
recordkeeping or automatic recording device requirements
associated with establishing such maximum driving and
on-duty time—shall not apply to utility service vehicles or
to utility drivers or to employers engaged primarily in the
business of providing a utility service as described in sec-
tion 31132(11), nor to such vehicles or drivers during a
utility emergency.’’.
Æ