TRUCKS Act of 2022

Bill: 117-s-4861
Sponsor: full_name: Sen. Rounds, Mike [R-SD]
Introduced: 2022-09-15
Policy area: Transportation and Public Works
Latest action: action_date: 2022-09-15
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2022-09-15
action_desc: Introduced in Senate
text: <p><b>Trucking Regulations Unduly Constricting Known Service-providers Act of 2022 or the</b> <b>TRUCKS Act of 2022</b></p> <p>This bill revises requirements for obtaining a commercial driver's license.</p> <p>The bill allows states to exempt employees in certain agriculture-related industries and employees of state, local, and tribal governmental entities from entry-level driver training requirements to obtain a commercial driver's license.</p> <p>Additionally, a state may issue restricted commercial driver's licenses to owners and employees of certain small businesses, including those that employ not more than nine employees who hold a commercial driver's license as of the date on which the restricted commercial driver's license is issued.</p>

tv_txt: II 117th CONGRESS 2d Session S. 4861 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Rounds (for himself, Mr. Hoeven , Mr. Marshall , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to exempt employees in certain farm-related service industries and employees of State, local, and Tribal governments from entry-level driver training requirements for operating a commercial motor vehicle and allow States to issue restricted commercial driver’s licenses to owners and employees of certain small businesses, and for other purposes.

1. Short title This Act may be cited as the Trucking Regulations Unduly Constricting Known Service-providers Act of 2022 or the TRUCKS Act of 2022 . 2. Entry-level driver training (a) In general Section 31305 of title 49, United States Code, is amended— (1) in subsection (a), in the matter preceding paragraph (1), in the first sentence, by inserting (referred to in this section as the Secretary ) after Secretary of Transportation ; and (2) by adding at the end the following: (e) Exemption from entry-Level training requirements (1) Definition of Tribal government In this subsection, the term Tribal government means the governing body of an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )). (2) Exemption A State may exempt from all entry-level training requirements established under subsection (c) any individual who is— (A) an employee of— (i) an agri-chemical business; (ii) a custom harvester; (iii) a farm retail outlet or supplier; (iv) a livestock feeder; or (v) any other farm-related service industry that the Secretary, by regulation, determines to be appropriate; or (B) an employee of— (i) the State; (ii) any unit of local government in the State, including a county (or equivalent jurisdiction); or (iii) a Tribal government. (3) Application An exemption under this subsection may be applied with respect to— (A) obtaining or upgrading a commercial driver’s license with respect to any commercial motor vehicle group described in section 383.91(a) of title 49, Code of Federal Regulations (or a successor regulation); and (B) obtaining an endorsement to operate any type of commercial motor vehicle described in section 383.93(b) of that title (or a successor regulation). (f) Restricted CDLs for small businesses (1) Definitions In this subsection: (A) Endorsement The term endorsement has the meaning given the term in section 383.5 of title 49, Code of Federal Regulations (or a successor regulation). (B) Good driving record (i) In general The term good driving record , with respect to a driver, means that, for the applicable period described in clause (ii), the driver— (I) subject to clause (iii), has not held more than 1 driver’s license; (II) has not had a driver’s license suspended, revoked, or canceled; (III) has not been convicted of any disqualifying offense described in section 383.51(b) of title 49, Code of Federal Regulations (or a successor regulation), with respect to any type of motor vehicle described in that section; (IV) has not been convicted of any serious traffic violation with respect to any type of motor vehicle; (V) has not been convicted of any violation of a State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident; and (VI) has no record of an accident with respect to which the driver was at fault. (ii) Period described The period referred to in clause (i) is— (I) for a driver with not less than 1 year, and not more than 2 years, of driving experience, the period constituting the entire driving history of the driver; and (II) for a driver with more than 2 years of driving experience, the 2-year period ending on, as applicable— (aa) the date on which the driver is issued a restricted driver’s license under this subsection; or (bb) the date on which the applicable restricted driver’s license issued under this subsection is renewed. (iii) Number of driver’s licenses Subject to any applicable regulations promulgated or guidance issued by the Secretary, a State may consider certain combinations of driver’s or operator’s licenses, such as a regular license and a school bus license or a regular license and a restricted commercial driver’s license issued pursuant to this subsection, to be a single license for purposes of clause (i)(I), as the State determines to be appropriate. (C) Qualified applicant The term qualified applicant means an applicant for a restricted commercial driver’s license who— (i) is an owner or employee of a business that employs not more than 9 employees who hold a commercial driver’s license as of the date on which the restricted commercial driver’s license is issued, regardless of the total number of employees employed by the business; (ii) has held a driver’s license for at least 1 year as of the date on which the restricted commercial driver’s license is issued; and (iii) has a good driving record. (D) Restricted commercial driver’s license The term restricted commercial driver’s license means a commercial driver’s license that complies with, and is issued in compliance with, this subsection. (2) Issuance of restricted CDL (A) In general A State may issue a restricted commercial driver’s license pursuant to this subsection only to a qualified applicant. (B) Commercial motor vehicle groups A State may issue a restricted commercial driver’s license pursuant to this subsection with respect to any commercial motor vehicle group, or any combination of commercial motor vehicle groups, described in section 383.91(a) of title 49, Code of Federal Regulations (or a successor regulation), as the State determines to be appropriate. (C) Waiver of entry-level training requirements With respect to the issuance of a restricted commercial driver’s license to a qualified applicant pursuant to this subsection, a State may waive all entry-level training requirements established under subsection (c). (3) Requirement (A) In general Except as otherwise provided in this subsection, a restricted commercial driver’s license issued pursuant to this subsection, and the issuance of that restricted commercial driver’s license by a State, shall comply with all applicable requirements of— (i) this chapter; and (ii) part 383 of title 49, Code of Federal Regulations (or successor regulations). (B) Nonapplication of certain regulations Sections 383.131, 383.133, and 383.135 of title 49, Code of Federal Regulations (or successor regulations), shall not apply with respect to a restricted commercial driver’s license, or the issuance of a restricted commercial driver’s license, pursuant to this subsection. (4) Endorsements and privileges (A) In general A restricted commercial driver’s license issued pursuant to this subsection shall not be issued with any endorsements on the license document. (B) Tank vehicles and hazardous materials privileges Notwithstanding any other provision of law (including regulations), a State may provide that the holder of a restricted commercial driver’s license issued pursuant to this subsection may drive vehicles carrying placarded quantities of hazardous materials of the type and in the quantities described in section 383.3(f)(3)(v) of title 49, Code of Federal Regulations (or a successor regulation), or in such lesser quantities as the State determines to be appropriate. (5) Renewal (A) Renewal cycle A restricted commercial driver’s license issued pursuant to this subsection shall have the same renewal cycle as an unrestricted commercial driver’s license issued by the same State. (B) Good driving record Prior to renewal of a restricted commercial driver’s license issued under this subsection, the State issuing the restricted commercial driver’s license shall confirm that the holder of the restricted commercial driver’s license has a good driving record. (6) Reciprocity A restricted commercial driver’s license issued pursuant to this subsection shall be accorded the same reciprocity as a commercial driver’s license meeting all of the requirements of part 383 of title 49, Code of Federal Regulations (or successor regulations). (7) Limitation on additional restrictions Any restrictions imposed on a restricted commercial driver’s license issued pursuant to this subsection, the holder of such a license, or the issuance of such a license by a State shall not— (A) limit the use by the holder of the restricted commercial driver’s license in a motor vehicle that is not a commercial motor vehicle; or (B) affect the power of a State to administer the driver licensing program of the State for operators of vehicles that are not commercial motor vehicles. (8) Prohibition An individual may not hold a restricted commercial driver’s license issued pursuant to this subsection and an unrestricted commercial driver’s license at the same time. . (b) Commercial driver's license uniform standards Section 31308(1) of title 49, United States Code, is amended, in the matter preceding subparagraph (A), by inserting except as otherwise provided in subsections (d) through (f) of section 31305 or any other provision of Federal law (including regulations), before an individual issued .