S.Amdt. 2259

SA 2259. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REGULATION OF DRIVERS OF PROPERTY-CARRYING
COMMERCIAL MOTOR VEHICLES.

(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of Transportation, acting
through the Administrator of the Federal Motor Carrier Safety
Administration.
(b) Hours of Service.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary, shall revise section
395.3 of title 49, Code of Federal Regulations--
(A) to increase the maximum driving time for a driver of a
property-carrying commercial motor vehicle from 11 hours to
12 hours;
(B) to establish a maximum on-duty time of 14 hours during
any 24-hour period (as defined in section 395.2 of that title
(or a successor regulation)) for a driver of a property-
carrying commercial motor vehicle;
(C) to provide that the on-duty time of a driver of a
property-carrying commercial motor vehicle may not begin
unless--
(i)(I) the driver has first taken 10 consecutive hours off
duty; and
(II) during the period of on-duty time, the driver complies
with all applicable requirements of section 395.3 of that
title, including the requirement described in subsection
(a)(3)(ii) of that section (or a successor regulation); or
(ii) at the election of the driver--

(I) the driver has taken 8 consecutive hours off duty;
(II) during the period of on-duty time, the driver complies
with all applicable requirements of section 395.3 of that
title, including the requirement described in subsection
(a)(3)(ii) of that section (or a successor regulation); and
(III) the driver--

(aa) takes 2 rest breaks of 30 minutes each, which may be
taken separately or consecutively, at the election of the
driver, during the period of on-duty time if the driving time
of the driver during that period of on-duty time is not more
than 8 hours;
(bb) takes 3 rest breaks of 30 minutes each, which, subject
to the requirement described in section 395.3(a)(3)(ii) of
that title (or a successor regulation), may be taken
separately or consecutively, at the election of the driver,
during the period of on-duty time if the driving time of the
driver during that period of on-duty time is more than 8, but
not more than 10, hours; or
(cc) takes 4 rest breaks of 30 minutes each, which, subject
to the requirement described in section 395.3(a)(3)(ii) of
that title (or a successor regulation), may be taken
separately or consecutively, at the election of the driver,
during the period of on-duty time if the driving time of the
driver during that period of on-duty time is more than 10,
but not more than 12, hours;
(D) to provide that any rest break taken by a driver shall
be considered to be off-duty time excluded from the
calculation of on-duty time;
(E) to provide that the driving time of a driver of a
property-carrying commercial motor vehicle begins when the
driver is 150 air miles from the starting location of the
trip; and
(F) to provide that, if, at the time that the driver of a
property-carrying commercial motor vehicle reaches 14 hours
of on-duty time or 12 hours of driving time, the driver is
within 150 air miles of the destination of the trip, as
established at the outset of the trip--
(i) the driver may continue driving until that destination
is reached;
(ii) the driving time of the driver shall exclude all
time--

(I) during the period beginning when the driver reaches 12
hours of driving time and ending on completion of the trip;
and
(II) that is necessary to reach, or otherwise complete the
trip at, that destination; and

(iii) the on-duty time of the driver shall exclude all
time--

(I) during the period beginning when the driver reaches 14
hours of on-duty time and ending on completion of the trip;
and
(II) during which the driver carries out an activity
necessary to reach, or otherwise complete the trip at, that
destination, including any time described in paragraph (3) or
(5) of the definition of the term ``on-duty time'' in section
395.2 of that title (or a successor regulation).

(2) Requirement.--In carrying out paragraph (1), the
Secretary shall not modify the limits described in section
395.3(b) of title 49, Code of Federal Regulations.
(c) Commercial Driver's Licenses.--Not later than 90 days
after the date of enactment of this Act, the Secretary shall
revise section 391.11 of title 49, Code of Federal
Regulations, to lower the minimum age for obtaining a
commercial driver's license from 21 to 18 years of age.
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