I 118th CONGRESS 1st Session H. R. 3869 IN THE HOUSE OF REPRESENTATIVES June 6, 2023 Mr. Nehls (for himself and Ms. Houlahan ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, with respect to restroom access for certain drivers, and for other purposes.

1. Short title This Act may be cited as the Trucker Bathroom Access Act . 2. Restroom access for drivers (a) In general Subchapter I of chapter 141 of title 49, United States Code, is amended by adding at the end the following: 14105. Restroom access for drivers (a) In general A covered driver shall be granted access to any covered restroom facility at any covered establishment to which such employee delivers any goods or cargo or is waiting to be loaded to transport goods or cargo. (b) Rule of construction Nothing in this section shall be construed to require a covered establishment to make any physical changes to a restroom to be in compliance with this section. (c) Definitions In this section: (1) Covered driver The term covered driver means any commercial motor vehicle operator with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502. (2) Covered restroom facility The term covered restroom facility means a restroom located on the premises of a covered establishment that is intended for use by customers or employees of the establishment and that is— (A) located in an area where providing access would not create an obvious health or safety risk to a covered driver; and (B) located in an area where providing access would not pose an obvious security risk to the covered establishment. (3) Covered establishment The term covered establishment — (A) means a place of business open to the general public for the sale of goods or services; (B) a shipper, receiver, manufacturer, warehouse, distribution center, or any other business entity that is receiving or sending goods by commercial motor vehicle; and (C) does not include any structure such as a filling station, service station, or restaurant of 800 square feet or less that has a restroom located within such structure that is only intended for use by employees. . (b) Clerical amendment The analysis for chapter 141 of title 49, United States Code, is amended by inserting after the item relating to section 14104 the following new item: 14105. Restroom access for drivers. . 3. Restroom access for drayage truck operators (a) In general A terminal operator shall provide a sufficient number of covered restrooms for use by covered drayage truck operators in areas of the terminal that such operators typically have access to. (b) Requirements To be in compliance with subsection (a), a terminal operator shall provide— (1) access to existing restrooms while covered drayage truck operators are on port property and when such access does not pose an obvious safety risk to such truck operators and other employees of the terminal operator in the area; (2) additional restrooms, if necessary, at locations where there is the most need; and (3) a place for covered drayage truck operators to park vehicles while accessing such restrooms. (c) Definitions In this section: (1) Covered drayage truck operator The term covered drayage truck operator means the driver of any in-use on-road vehicle with a gross vehicle weight rating of greater than 33,000 pounds operating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading, or transporting cargo, including containerized, bulk, or break-bulk goods. (2) Terminal operator The term terminal operator — (A) means the business entity operating a marine terminal for loading and unloading cargo to and from marine vessels; and (B) includes the port authority if the port is directly operating the marine terminal in loading and unloading cargo to and from marine vessels. (3) Covered restroom The term covered restroom means a restroom or portable chemical toilet that is located in an area that does not pose an obvious health or safety risk to a covered drayage truck operator.