DRIVE Safe Act

Bill: 117-s-659
Sponsor: full_name: Sen. Young, Todd [R-IN]
Introduced: 2021-03-10
Policy area: Transportation and Public Works
Subjects: Accidents

Business records

Employment and training programs

Motor carriers

Motor vehicles

Personnel records

Transportation employees

Transportation safety and security
Latest action: action_date: 2021-03-10
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2021-03-10
action_desc: Introduced in Senate
text: <p><STRONG>Developing Responsible Individuals for a Vibrant Economy Act or the DRIVE Safe Act</STRONG></p> <p>This bill directs the Department of Transportation to promulgate regulations to implement an apprenticeship program for licensed commercial motor vehicle drivers under the age of 21. </p> <p>Under the program, an apprentice must complete two probationary periods that total 400 hours of on-duty time, of which at least 240 hours must be driving time in a commercial motor vehicle. Additionally, the apprentice must be accompanied in the cab of the commercial motor vehicle by an experienced driver.</p> <p>Further, the bill requires all commercial motor vehicles used in the program for training to be equipped with safety technology such as active braking collision mitigation systems and video event capturing systems.</p> <p>An employer shall not knowingly allow, require, permit, or authorize a driver under the age of 21 to operate a commercial motor vehicle unless the driver is participating in, or has completed, an apprenticeship program that meets the requirements set forth in this bill.</p>

tv_txt: II 117th CONGRESS 1st Session S. 659 IN THE SENATE OF THE UNITED STATES March 10, 2021 Mr. Young (for himself, Mr. Tester , Mr. Moran , Mr. Manchin , Mr. Inhofe , Mr. King , Mr. Cotton , and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to promulgate regulations relating to commercial motor vehicle drivers under the age of 21, and for other purposes.

1. Short title This Act may be cited as the Developing Responsible Individuals for a Vibrant Economy Act or the DRIVE Safe Act . 2. Apprenticeship program for commercial drivers under the age of 21 (a) Definitions In this section: (1) Apprentice The term apprentice means an employee under the age of 21 who holds a commercial driver’s license required to operate a class of vehicles described in part 383 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Commercial driver's license The term commercial driver's license has the meaning given the term in section 31301 of title 49, United States Code. (3) Commercial motor vehicle The term commercial motor vehicle means a commercial motor vehicle that meets the definition under paragraph (1) or (4) of the definition of the term commercial motor vehicle contained in section 390.5 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) Driving time The term driving time has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (5) Employee The term employee has the meaning given the term in section 31132 of title 49, United States Code. (6) Employer The term employer has the meaning given the term in section 31132 of title 49, United States Code. (7) Experienced driver The term experienced driver means an individual who— (A) is not younger than 21 years of age; (B) has a minimum of 2 years of experience driving a commercial motor vehicle in interstate commerce; and (C) as of the date on which the individual serves as an experienced driver for purposes of subsection (c)(3)(B)— (i) has held a commercial driver’s license for each of the 2 preceding calendar years; and (ii) for the preceding calendar year, has had no— (I) preventable accidents reportable to the Department of Transportation; or (II) pointed moving violations. (8) On-duty time The term on-duty time has the meaning given the term in section 395.2 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act). (9) Pointed moving violation The term pointed moving violation means a violation that results in points being added to the license of a driver, or a similar comparable violation, as determined by the Secretary. (10) Secretary The term Secretary means the Secretary of Transportation. (b) Apprentices An apprentice may— (1) drive a commercial motor vehicle in interstate commerce while participating in the 120-hour probationary period under subsection (c)(1) or the 280-hour probationary period under subsection (c)(2), pursuant to an apprenticeship program established by an employer in accordance with this section; and (2) drive a commercial motor vehicle in interstate commerce after the apprentice completes an apprenticeship program described in subsection (c). (c) Apprenticeship program An apprenticeship program referred to in subsection (b) is a program that consists of the following requirements: (1) 120-hour probationary period (A) In general An apprentice shall complete 120 hours of on-duty time, of which not fewer than 80 hours shall be driving time in a commercial motor vehicle. (B) Performance benchmarks To complete the 120-hour probationary period under subparagraph (A), the employer of an apprentice shall determine that the apprentice is competent in each of the following areas: (i) Interstate, city traffic, rural 2-lane, and evening driving. (ii) Safety awareness. (iii) Speed and space management. (iv) Lane control. (v) Mirror scanning. (vi) Right and left turns. (vii) Logging and complying with rules relating to hours of service. (2) 280-hour probationary period (A) In general After completing the 120-hour probationary period under paragraph (1), an apprentice shall complete 280 hours of on-duty time, of which not fewer than 160 hours shall be driving time in a commercial motor vehicle. (B) Performance benchmarks To complete the 280-hour probationary period under subparagraph (A), the employer of an apprentice shall determine that the apprentice is competent in each of the following areas: (i) Backing and maneuvering in close quarters. (ii) Pretrip inspections. (iii) Fueling procedures. (iv) Weighing loads, weight distribution, and sliding tandems. (v) Coupling and uncoupling procedures. (vi) Trip planning, truck routes, map reading, navigation, and permits. (3) Restrictions During each probationary period under paragraphs (1) and (2)— (A) an apprentice may only drive a commercial motor vehicle that has— (i) an automatic manual or automatic transmission; (ii) an active braking collision mitigation system; (iii) forward-facing video event capture; and (iv) a governed speed of 65 miles per hour— (I) at the pedal; and (II) under adaptive cruise control; and (B) an apprentice shall be accompanied in the cab of the commercial motor vehicle by an experienced driver. (4) Records retention An employer shall maintain records, in a manner required by the Secretary, relating to the satisfaction of the performance benchmarks described in paragraphs (1)(B) and (2)(B) by each apprentice of the employer. (5) Reportable incidents If an apprentice is involved in a preventable accident reportable to the Department of Transportation or a pointed moving violation while driving a commercial motor vehicle as part of an apprenticeship program described in this subsection, the apprentice shall undergo remediation and additional training until the apprentice can demonstrate, to the satisfaction of the employer, competence in each of the performance benchmarks described in paragraphs (1)(B) and (2)(B). (6) Completion of program An apprentice shall be considered to have completed an apprenticeship program on the date on which the apprentice completes the 280-hour probationary period under paragraph (2). (7) Minimum requirements (A) In general Nothing in this section prevents an employer from imposing any additional requirement on an apprentice participating in an apprenticeship program under this section. (B) Technologies Nothing in this section prevents an employer from requiring or installing a technology in a commercial motor vehicle in addition to the technologies described in paragraph (3)(A). (d) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations to implement this section. (e) No effect on license requirement Nothing in this section exempts an apprentice from any requirement to hold a commercial driver’s license in order to operate a commercial motor vehicle. (f) Employer responsibility An employer shall not knowingly allow, require, permit, or authorize a driver under the age of 21 to operate a commercial motor vehicle in interstate commerce, unless the driver is participating in, or has completed, an apprenticeship program that meets the requirements of subsection (c).