Sec. 5404. Graduated commercial driver’s license pilot program
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/bill/114/hr/22/eah/section-5404A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall convene a task force to evaluate and make recommendations to the Secretary on elements for inclusion in a graduated commercial driver’s license pilot program that would allow a novice licensed driver between the ages of 19 years and 6 months and 21 years to safely operate a commercial motor vehicle in a limited capacity in interstate commerce between States that enter into a bi-State agreement. The task force convened under paragraph
(1)shall include representatives of State motor vehicle administrators, motor carriers, labor organizations, safety advocates, and other stakeholders determined appropriate by the Secretary. The task force convened under paragraph
(1)shall evaluate and make recommendations on the following elements for inclusion in a graduated commercial driver’s license pilot program: A specified length of time for a learner’s permit stage. A requirement that drivers under the age of 21 years be accompanied by experienced drivers over the age of 21 years. A restriction on travel distances. A restriction on maximum allowable driving hours. Mandatory driver training that exceeds the requirements for drivers over the age of 21 years issued by the Secretary under section 31305(c) of title 49, United States Code. Use of certain safety technologies in the vehicles of drivers under the age of 21 years. Any other element the task force considers appropriate. Not later than 1 year after the date of enactment of this Act, the task force convened under paragraph
(1)shall recommend to the Secretary the elements the task force has determined appropriate for inclusion in a graduated commercial driver’s license pilot program. Not later than 1 year after receiving the recommendations of the task force under subsection (a), the Secretary shall establish a graduated commercial driver’s license pilot program in accordance with such recommendations and section 31315(c) of title 49, United States Code. Prior to the establishment of the pilot program under paragraph (1), the Secretary shall— submit to Congress a report outlining the recommendations of the task force received under subsection (a); and publish in the Federal Register, and provide sufficient notice of and an opportunity for public comment on, the— proposed requirements for State and driver participation in the pilot program, based on the recommendations of the task force and consistent with paragraph (3); measures the Secretary will utilize under the pilot program to ensure safety; and standards the Secretary will use to evaluate the pilot program, including to determine any changes in the level of motor carrier safety as a result of the pilot program. The pilot program established under paragraph (1)— may not allow an individual under the age of 19 years and 6 months to participate; may not allow a driver between the ages of 19 years and 6 months and 21 years to— operate a commercial motor vehicle in special configuration; or transport hazardous cargo; shall be carried out in a State (including the District of Columbia) only if the Governor of the State (or the Mayor of the District of Columbia, if applicable) approves an agreement with a contiguous State to allow a licensed driver under the age of 21 years to operate a commercial motor vehicle across both States in accordance with the pilot program; may not recognize more than 6 agreements described in subparagraph (C); may not allow more than 10 motor carriers to participate in the pilot program under each agreement described in subparagraph (C); shall require each motor carrier participating in the pilot program under an agreement described in subparagraph
(C)to— have in effect a satisfactory safety fitness determination that was issued by the Federal Motor Carrier Safety Administration during the 2-year period preceding the date of the Federal Register publication required under paragraph (2)(B); and agree to have its safety performance monitored by the Secretary during participation in the pilot program; shall allow for the revocation of a motor carrier’s participation in the pilot program if a State or the Secretary determines that the motor carrier violated the requirements, including safety requirements, of the pilot program; and shall ensure that a valid graduated commercial driver’s license issued by a State that has entered into an agreement described in subparagraph
(C)and is approved by the Secretary to participate in the pilot program is recognized as valid in both States that are participating in the agreement. The Inspector General of the Department of Transportation shall monitor and review the implementation of the pilot program established under subsection (b). The Inspector General shall submit to Congress and the Secretary— not later than 1 year after the establishment of the pilot program under subsection (b), an interim report on the results of the review conducted under paragraph (1); and not later than 60 days after the conclusion of the pilot program, a final report on the results of the review conducted under paragraph (1). The interim report required under paragraph (2)(A) shall address whether the Secretary has established sufficient mechanisms and generated sufficient data to determine if the pilot program is having any adverse effects on motor carrier safety. The final report required under paragraph (2)(B) shall address the impact of the pilot program on— safety; and the number of commercial motor vehicle drivers available for employment.