Sec. 4304. Driver detention time
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Not later than 30 days after the date of enactment of this Act, the Secretary shall— begin to collect data on delays experienced by operators of commercial motor vehicles, as required under section 5501 of the FAST Act ( 49 U.S.C. 14103 note) and as referenced in the request for information published on June 10, 2019, titled Request for Information Concerning Commercial Motor Vehicle Driver Detention Times During Loading and Unloading (84 Fed. Reg. 26932); and make such data available on a publicly accessible website of the Department of Transportation.
Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a rulemaking to establish limits on the amount of time that an operator of a commercial motor vehicle may be reasonably detained by a shipper or receiver before the loading or unloading of the vehicle, if the operator is not compensated for such time detained. As part of the rulemaking conducted pursuant to subsection (a), the Secretary shall— consider the diverse nature of operations in the movement of goods by commercial motor vehicle; examine any correlation between time detained and violations of the hours-of-service rules under part 395 of title 49, Code of Federal Regulations; determine whether the effect of detention time on safety differs based on— how an operator is compensated; and the contractual relationship between the operator and the motor carrier, including whether an operator is an employee, a leased owner-operator, or an owner-operator with independent authority; and establish a process for a motor carrier, shipper, receiver, broker, or commercial motor vehicle operator to report instances of time detained beyond the Secretary’s established limits.
The Secretary shall incorporate information received under paragraph (2)(D) into the process established pursuant to subsection
(a)once a final rule takes effect. Data made available pursuant to this section shall be made available in a manner that— precludes the connection of the data to any individual motor carrier or commercial motor vehicle operator; and protects privacy and confidentiality of individuals, operators, and motor carriers submitting the data. In this section, the term commercial motor vehicle has the meaning given such term in section 31101 of title 49, United States Code.
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- 84 FR 26932
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