Developing Responsible Individuals for a Vibrant Economy Act or the DRIVE-SAFE Act
This bill directs the Department of Transportation to promulgate regulations to implement an apprenticeship program for licensed commercial motor vehicle drivers under the age of 21.
Under the program, an apprentice must complete two probationary periods that total 400 hours of on-duty time, of which at least 240 hours must be driving time in a commercial motor vehicle. Additionally, the apprentice must be accompanied in the cab of the commercial motor vehicle by an experienced driver.
Further, the bill requires all commercial motor vehicles used in the program for training to be equipped with safety technology such as active braking collision mitigation systems and video event capturing systems.
An employer shall not knowingly allow, require, permit, or authorize a driver under the age of 21 to operate a commercial motor vehicle unless the driver is participating in, or has completed, an apprenticeship program that meets the requirements set forth in this bill.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1745 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1745
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 10, 2021
Mr. Hollingsworth (for himself, Mr. Cuellar, Ms. Slotkin, Mr. LaHood,
Mr. Westerman, Mr. Cooper, Mr. Balderson, Mr. Golden, and Mrs. Hinson)
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) Definitions.--In this section:
(1) Apprentice.--The term ``apprentice'' means an employee
under the age of 21 who holds a commercial driver's license
required to operate a class of vehicles described in part 383
of title 49, Code of Federal Regulations.
(2) Commercial driver's license.--The term ``commercial
driver's license'' has the meaning given the term in section
31301 of title 49, United States Code.
(3) Commercial motor vehicle.--The term ``commercial motor
vehicle'' means a commercial motor vehicle that meets the
definition under paragraph (1) or (4) of the definition of the
term ``commercial motor vehicle'' in section 390.5 of title 49,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(4) Driving time.--The term ``driving time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(5) Employee.--The term ``employee'' has the meaning given
such term in section 31132 of title 49, United States Code.
(6) Employer.--The term ``employer'' has the meaning given
such term in section 31132 of title 49, United States Code.
(7) Experienced driver.--The term ``experienced driver''
means an individual who--
(A) is not less than 21 years of age;
(B) has held a commercial driver's license for the
2-year period ending on the date on which the
individual serves as an experienced driver under
subsection (c)(3)(B);
(C) has had no preventable accidents reportable to
the Department of Transportation or pointed moving
violations during the 1-year period ending on the date
on which the individual serves as an experienced driver
under subsection (c)(3)(B); and
(D) has a minimum of 2 years of experience driving
a commercial motor vehicle in interstate commerce.
(8) On-duty time.--The term ``on-duty time'' has the
meaning given the term in section 395.2 of title 49, Code of
Federal Regulations (as in effect on the date of enactment of
this Act).
(9) Pointed moving violation.--The term ``pointed moving
violation'' means a violation that results in points being
added to the license of a driver, or a similar comparable
violation, as determined by the Secretary.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Apprentice.--An apprentice may--
(1) drive a commercial motor vehicle in interstate commerce
while taking part in the 120-hour probationary period under
subsection (c)(1) or the 280-hour probationary period under
subsection (c)(2), pursuant to an apprenticeship program
established by an employer in accordance with this section; and
(2) drive a commercial motor vehicle in interstate commerce
after the apprentice completes an apprenticeship program
described in paragraph (1).
(c) Apprenticeship Program.--An apprenticeship program referred to
in subsection (b) is a program that consists of the following
requirements:
(1) 120-hour probationary period.--
(A) In general.--The apprentice shall complete 120
hours of on-duty time, of which not less than 80 hours
are driving time in a commercial motor vehicle.
(B) Performance benchmarks.--In order to complete
the 120-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of the following areas:
(i) Interstate, city traffic, rural 2-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
relating to hours of service.
(2) 280-hour probationary period.--
(A) In general.--After completing the 120-hour
probationary period under paragraph (1), the apprentice
shall complete 280 hours of on-duty time, of which not
less than 160 hours are driving time in a commercial
motor vehicle.
(B) Performance benchmarks.--In order to complete
the 280-hour probationary period under subparagraph
(A), an employer shall determine that the apprentice is
competent in each of 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.
(3) Restrictions for 120-hour and 280-hour probationary
periods.--During the 120-hour probationary period under
paragraph (1) and the 280-hour probationary period under
paragraph (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.
(4) Records retention.--The employer shall maintain
records, in a manner required by the Secretary, relating to the
satisfaction of the requirements of paragraphs (1)(B) and
(2)(B) by the apprentice.
(5) Reportable incidents.--If the apprentice is involved in
a preventable accident reportable to the Department of
Transportation or a pointed moving violation while driving a
commercial motor vehicle as part of an apprenticeship program
described in this subsection, the apprentice shall undergo
remediation and additional training until the apprentice can
demonstrate, to the satisfaction of the employer, competence in
each of the performance benchmarks described in paragraphs
(1)(B) and (2)(B).
(6) Completion of program.--The apprentice shall be
considered to have completed the apprenticeship program on the
date on which the apprentice completes the 280-hour
probationary period under paragraph (2).
(7) Minimum requirements.--
(A) In general.--Nothing in this Act prevents 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 prevents an
employer from requiring or installing additional
technologies in a commercial motor vehicle in addition
to the technologies described in paragraph (3)(A).
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall promulgate regulations to implement
this Act.
(e) No Effect on License Requirement.--Nothing in this Act exempts
an apprentice from any requirement to hold a commercial driver's
license in order to operate a commercial motor vehicle.
(f) Employer Responsibility.--An employer shall not knowingly
allow, require, permit, or authorize a driver under the age of 21 to
operate a commercial motor vehicle in interstate commerce unless the
driver is participating in or has completed an apprenticeship program
that meets the requirements of subsection (c).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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