[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5358 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5358
To direct the Secretary of Transportation to issue regulations relating
to commercial motor vehicle drivers under the age of 21, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2018
Mr. Hunter (for himself, Mr. Hollingsworth, Mr. Jones, Mr. Grothman,
and Mr. Sensenbrenner) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To direct the Secretary of Transportation to issue regulations relating
to commercial motor vehicle drivers under the age of 21, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Developing Responsible Individuals
for a Vibrant Economy Act'' or the ``DRIVE-Safe Act''.
SEC. 2. APPRENTICESHIP PROGRAM FOR COMMERCIAL DRIVERS UNDER THE AGE OF
21.
(a) In General.--For purposes of this section, the term
``apprentice'' means an individual under the age of 21 who holds a
commercial driver's license.
(b) Apprentice.--An apprentice--
(1) may drive a commercial motor vehicle in interstate
commerce while taking part in the 120-hour probationary period
(as described in subsection (c)(1)) and the 280-hour
probationary period (as described in subsection (c)(2)),
pursuant to an apprenticeship program established by an
employer that complies with the requirements of this section;
and
(2) may drive a commercial motor vehicle in interstate
commerce once such apprentice completes such an apprenticeship
program.
(c) Form of Apprenticeship Program.--For purposes of this section,
the term ``apprenticeship program'' means one that is defined and
structured as follows:
(1) 120-hour probationary period.--
(A) In general.--The apprentice shall complete 120
hours of on-duty time, of which at least 80 hours are
driving time in a commercial motor vehicle.
(B) Performance benchmarks.--In order to complete
the 120-hour probationary period, an employer shall
determine that the apprentice is competent in the
following areas:
(i) Interstate, light city traffic, rural
two-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
concerning hours of service.
(2) 280-hour probationary period.--
(A) In general.--After completion of the
requirements of paragraph (1), the apprentice shall
complete 280 hours of on-duty time, of which at least
160 hours are driving time in a commercial motor
vehicle.
(B) Performance benchmarks.--In order to complete
the 280-hour probationary period, an employer shall
determine that the apprentice is competent in the
following areas:
(i) Backing and maneuvering in close
quarters.
(ii) Pre-trip 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.
(vii) Transporting hazardous materials, if
properly endorsed.
(3) Restrictions for first period.--During the driving time
described in paragraph (1), the apprentice may not operate a
commercial motor vehicle on which hazardous materials placards
are placed.
(4) Restrictions for both periods.--During the driving time
described in paragraphs (1) and (2)--
(A) the apprentice may only drive a commercial
motor vehicle that has--
(i) automatic manual or automatic
transmissions;
(ii) active braking collision mitigation
systems;
(iii) forward-facing video event capture;
and
(iv) governed speeds of 65 miles per hour
at the pedal and 65 miles per hour under
adaptive cruise control; and
(B) the apprentice shall be accompanied in the cab
of the commercial motor vehicle by an experienced
driver.
(5) Records retention.--The employer shall maintain
records, in a manner required by the Secretary of
Transportation, concerning an apprentice's satisfaction of the
requirements of paragraphs (1)(B) and (2)(B).
(6) Reportable incidents.--If the apprentice is involved in
a preventable, reportable to the Department of Transportation
accident or pointed moving violation while driving a commercial
motor vehicle as part of an apprenticeship program described in
this section, the apprentice shall undergo remediation and
additional training, until such apprentice can demonstrate to
the employer's satisfaction the performance benchmarks
described in paragraphs (1)(B) and (2)(B).
(7) Completion of program.--The apprentice completes the
apprenticeship program on the date such apprentice completes
the probationary period described in paragraph (2).
(8) Minimum requirements.--
(A) In general.--Nothing in this Act shall preclude
an employer from imposing additional requirements on an
apprentice taking part in an apprenticeship program
established pursuant to this section.
(B) Technologies.--Nothing in this Act shall
preclude an employer from requiring or installing
additional technologies in a commercial motor vehicle
in addition to the technologies described in paragraph
(4)(A).
(d) Definitions.--In this section:
(1) The term ``commercial motor vehicle'' has the meaning
given such term in section 390.5 of title 49, Code of Federal
Regulations, as in effect on the date of enactment of this Act.
(2) The term ``driving time'' has the meaning given such
term in section 395.2 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this Act.
(3) The term ``experienced driver'' means an individual
who--
(A) is at least 21 years of age;
(B) has held a commercial driver's license for the
2 years preceding the date on which such individual
serves as an experienced driver;
(C) has had no preventable, reportable to the
Department of Transportation accidents or pointed
moving violations for the year preceding the date on
which such individual serves as an experienced driver;
and
(D) has a minimum of 1 year of experience driving a
commercial motor vehicle in interstate commerce.
(4) The term ``on-duty time'' has the meaning given such
term in section 395.2 of title 49, Code of Federal Regulations,
as in effect on the date of enactment of this Act.
(5) The term ``pointed moving violation'' means a violation
that results in points being added to the license of a driver,
or a similar violation that the Secretary determines is
comparable.
(e) Issuance of Regulations.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall issue regulations that
comply with the requirements of this Act.
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