Trucker Bathroom Access Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3869 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3869

To amend title 49, United States Code, with respect to restroom access 
              for certain drivers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2023

Mr. Nehls (for himself and Ms. Houlahan) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, with respect to restroom access 
              for certain drivers, 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 ``Trucker Bathroom Access Act''.

SEC. 2. RESTROOM ACCESS FOR DRIVERS.

    (a) In General.--Subchapter I of chapter 141 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 14105. Restroom access for drivers
    ``(a) In General.--A covered driver shall be granted access to any 
covered restroom facility at any covered establishment to which such 
employee delivers any goods or cargo or is waiting to be loaded to 
transport goods or cargo.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to require a covered establishment to make any physical 
changes to a restroom to be in compliance with this section.
    ``(c) Definitions.--In this section:
            ``(1) Covered driver.--The term `covered driver' means any 
        commercial motor vehicle operator with respect to whom the 
        Secretary of Transportation has power to establish 
        qualifications and maximum hours of service pursuant to the 
        provisions of section 31502.
            ``(2) Covered restroom facility.--The term `covered 
        restroom facility' means a restroom located on the premises of 
        a covered establishment that is intended for use by customers 
        or employees of the establishment and that is--
                    ``(A) located in an area where providing access 
                would not create an obvious health or safety risk to a 
                covered driver; and
                    ``(B) located in an area where providing access 
                would not pose an obvious security risk to the covered 
                establishment.
            ``(3) Covered establishment.--The term `covered 
        establishment'--
                    ``(A) means a place of business open to the general 
                public for the sale of goods or services;
                    ``(B) a shipper, receiver, manufacturer, warehouse, 
                distribution center, or any other business entity that 
                is receiving or sending goods by commercial motor 
                vehicle; and
                    ``(C) does not include any structure such as a 
                filling station, service station, or restaurant of 800 
                square feet or less that has a restroom located within 
                such structure that is only intended for use by 
                employees.''.
    (b) Clerical Amendment.--The analysis for chapter 141 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 14104 the following new item:

``14105. Restroom access for drivers.''.

SEC. 3. RESTROOM ACCESS FOR DRAYAGE TRUCK OPERATORS.

    (a) In General.--A terminal operator shall provide a sufficient 
number of covered restrooms for use by covered drayage truck operators 
in areas of the terminal that such operators typically have access to.
    (b) Requirements.--To be in compliance with subsection (a), a 
terminal operator shall provide--
            (1) access to existing restrooms while covered drayage 
        truck operators are on port property and when such access does 
        not pose an obvious safety risk to such truck operators and 
        other employees of the terminal operator in the area;
            (2) additional restrooms, if necessary, at locations where 
        there is the most need; and
            (3) a place for covered drayage truck operators to park 
        vehicles while accessing such restrooms.
    (c) Definitions.--In this section:
            (1) Covered drayage truck operator.--The term ``covered 
        drayage truck operator'' means the driver of any in-use on-road 
        vehicle with a gross vehicle weight rating of greater than 
        33,000 pounds operating on or transgressing through port or 
        intermodal rail yard property for the purpose of loading, 
        unloading, or transporting cargo, including containerized, 
        bulk, or break-bulk goods.
            (2) Terminal operator.--The term ``terminal operator''--
                    (A) means the business entity operating a marine 
                terminal for loading and unloading cargo to and from 
                marine vessels; and
                    (B) includes the port authority if the port is 
                directly operating the marine terminal in loading and 
                unloading cargo to and from marine vessels.
            (3) Covered restroom.--The term ``covered restroom'' means 
        a restroom or portable chemical toilet that is located in an 
        area that does not pose an obvious health or safety risk to a 
        covered drayage truck operator.
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