Sec. 4306. Hours of service
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Notwithstanding the authority of the Secretary of Transportation to issue regulations under section 31502 of title 49, United States Code, the Secretary shall delay the effective date of the final rule published on June 1, 2020, titled Hours of Service of Drivers (85 Fed. Reg. 33396) until 60 days after the date on which the Secretary submits the report required under subsection (d). Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate a comprehensive review of hours of service rules and the impacts of waivers, exemptions, and other allowances that limit the applicability of such rules.
In carrying out the comprehensive review required under paragraph (1), the Secretary shall— compile a list of waivers, exemptions, and other allowances— under which a driver may operate in excess of the otherwise applicable limits on on-duty or driving time in absence of such exemption, waiver, or other allowance; under which a driver may operate without recording compliance with hours of service rules through the use of an electronic logging device; and applicable— to specific segments of the motor carrier industry or sectors of the economy; on a periodic or seasonal basis; and to specific types of operations, including the short haul exemption under part 395 of title 49, Code of Federal Regulations; specify whether each such waiver, exemption, or other allowance was granted by the Department of Transportation or enacted by Congress, and how long such waiver, exemption, or other allowance has been in effect; and estimate the number of motor carriers, motor private carriers, and drivers that may qualify to use each waiver, exemption, or other allowance.
In carrying out the comprehensive review under paragraph (1), the Secretary, in consultation with State motor carrier enforcement entities, shall undertake a statistically valid analysis to determine the safety impact, including on enforcement, of the exemptions, waivers, or other allowances compiled under paragraph
(2)by— using available data, or collecting from motor carriers or motor private carriers and drivers operating under an exemption, waiver, or other allowance if the Secretary does not have sufficient data, to determine the incidence of accidents, fatigue-related incidents, and other relevant safety information related to hours of service among motor carriers, private motor carriers, and drivers permitted to operate under each exemption, waiver, or other allowance; comparing the data described in subparagraph
(A)to safety data from motor carriers, motor private carriers, and drivers that are subject to the hours of service rules and not operating under an exemption, waiver, or other allowance; and based on the comparison under subparagraph (B), determining whether waivers, exemptions, and other allowances in effect provide an equivalent level of safety as would exist in the absence of exemptions, waivers, or other allowances. The Secretary shall consult with State motor carrier enforcement entities in carrying out this paragraph. The Secretary shall exclude data related to exemptions, waivers, or other allowances made pursuant to an emergency declaration under section 390.23 of title 49, Code of Federal Regulations, or extended under section 390.25 of title 49, Code of Federal Regulations, from the analysis required under this paragraph. In carrying out the comprehensive review under paragraph (1), the Secretary shall further consider— data on driver detention collected by the Secretary pursuant to section 4304 of this Act and other conditions affecting the movement of goods by commercial motor vehicle, and how such conditions interact with the Secretary’s regulations on hours of service; whether exemptions, waivers, or other allowances that permit additional on-duty time or driving time have a deleterious effect on the physical condition of drivers; and whether differences in the manner in which drivers are compensated result in different levels of burden for drivers in complying with hours of service rules. Prior to the publication of the review required under subsection (d), the analyses performed by the Secretary shall undergo an independent peer review. Not later than 18 months after the date that the Secretary initiates the comprehensive review under subsection (b)(1), the Secretary shall publish the findings of such review in the Federal Register and provide for a period for public comment. Not later than 30 days after the conclusion of the public comment period under subsection (d), the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available on a website of the Department of Transportation a report containing the information and analyses required under subsection (b). Notwithstanding subsection (a), the Secretary shall replace the Department of Transportation guidance published on June 7, 2018, titled Hours of Service of Drivers of Commercial Motor Vehicles: Regulatory Guidance Concerning the Use of a Commercial Motor Vehicle for Personal Conveyance (83 Fed. Reg. 26377) with specific mileage or time limits, or both, for the use of personal conveyance established through a rulemaking. In this section: The terms motor carrier and motor private carrier have the meanings given such terms in section 31501 of title 49, United States Code. The terms on-duty time , driving time , and electronic logging device have the meanings given such terms in section 395.2 of title 49, Code of Federal Regulations (as in effect on June 1, 2020).
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- 85 FR 33396
- 83 FR 26377
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Sec. 4306
Hours of service
Fed. Reg.85 FR 33396
Fed. Reg.83 FR 26377
Cites 2Cited by 0 across 0 sources