Section 1 Short title
This Act may be cited as the “Developing Responsible Individuals for a Vibrant Economy Safe Integrity Act of 2023” or the “DRIVE Safe Integrity Act of 2023”.
Developing Responsible Individuals for a Vibrant Economy Safe Integrity Act of 2023
A BILL
To establish an apprenticeship program for commercial drivers under the age of 21, and for other purposes.
Sec. 2 Findings
Congress finds the following:
Seamless, efficient, and resilient supply chains are essential to the production and delivery of goods across the nation to meet the needs of American consumers and maintain the economic security of the country.
These supply chains are heavily dependent on trucking across a variety of sectors and require a steady pipeline of professional truck drivers to transport goods in a safe and timely manner.
In 2022, the shortage of qualified drivers reached a near-record level of 78,000. The already substantial shortage is expected to increase to 160,000 drivers by 2031 absent any changes to the status quo.
Over the next decade, roughly 1,200,000 new drivers will need to be hired to keep pace with increasing demand and the aging workforce.
Trucking is a crucial profession that links every component of the supply chain, and it offers diverse opportunities to workers, from over the road to local and regional trucking, and fulfilling careers with family-sustaining salaries, all without the debt that often accompanies a college degree.
Regulatory barriers prevent motor carriers from offering these pathways to 18- to 20-year-olds who may otherwise want to pursue a career in trucking, resulting in the loss of these individuals to other professions.
To address these barriers and confront the driver shortage, Congress included section 23022 in the Infrastructure Investment and Jobs Act, which requires the Secretary of Transportation to create a pilot program for commercial drivers between the ages of 18 and 20.
Section 23022 of the Infrastructure Investment and Jobs Act was based on bicameral bipartisan legislation, the “Developing Responsible Individuals for a Vibrant Economy Act” or the “DRIVE-SAFE Act”.
To meet the requirements of section 23022 of the Infrastructure Investment and Jobs Act, the U.S. Department of Transportation established the Safe Driver Apprenticeship Pilot Program.
The 3-year pilot program included in the Infrastructure Investment and Jobs Act was the result of a carefully crafted bipartisan compromise by the Senate Commerce Committee.
The pilot program enables 18- to 20-year-old drivers to receive rigorous training as professional truck drivers and drive in interstate commerce, much as they are able to do in intrastate commerce in 49 States plus the District of Columbia.
For purposes of the pilot program, section 23022 of the Infrastructure Investment and Jobs Act defined the term apprentice as an individual who is under the age of 21 and holds a commercial driver’s license.
As directed by section 23022 of the Infrastructure Investment and Jobs Act, this pilot program requires advanced safety equipment and hours of supervision that go significantly beyond the requirements that 18- to 20-year-olds must fulfill in order to receive a commercial driver’s license to operate in intrastate commerce in those 49 States plus the District of Columbia.
Through this pilot program, modeled in part on graduated drivers licensing concepts that have been found to improve the safety of new drivers, the U.S. Department of Transportation is able to collect data demonstrating that individuals who receive rigorous training and develop good habits early in their career can safely operate motor vehicles in interstate commerce.
Congress supports the successful implementation of the Safe Driver Apprenticeship Pilot Program and should consider actions to ensure that program requirements not specified in the statute do not limit or inhibit participation in the pilot program or the ability to collect sufficient and credible data.
Sec. 3 Report on apprenticeship program
In general— Not later than 90 days after the Federal Motor Carrier Safety Administration begins accepting applications from motor carriers to participate in the apprenticeship pilot program under section 23022 of the Infrastructure Investment and Jobs Act (49 U.S.C. 31315 note), and quarterly thereafter, the Secretary of Transportation shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of the Safe Driver Apprenticeship Pilot Program.
Contents— The report under subsection (a) shall include the following:
The number of motor carriers that have applied to participate in the apprenticeship pilot program and the number of motor carriers approved by the Federal Motor Carrier Safety Administration to participate in the program.
The number of motor carriers that are prequalified but have not provided the Federal Motor Carrier Safety Administration with a valid registered apprenticeship number.
The number of experienced drivers that have applied to participate in the program and the number of experienced drivers approved by the Federal Motor Carrier Safety Administration to participate in the program.
The number of prospective apprentices that have applied to participate in the program and the number of apprentices approved by the Federal Motor Carrier Safety Administration to participate in the program.
The number of apprentices currently participating in the program.
The number of apprentices who have been removed from the program, as well as an explanation for each removal.
The number of apprentices who have withdrawn from the program, as well as an explanation for each withdrawal.
The average number of days for the Federal Motor Carrier Safety Administration to process applications from motor carriers, experienced drivers, and prospective apprentices to participate in the program.
A description of any incidents in which the Federal Motor Carrier Safety Administration took longer than 30 days to approve or reject an application from a motor carrier, experienced driver, or prospective apprentice to participate in the program.
A description of program requirements currently in effect that were not specifically mandated in section 23022 of the Infrastructure Investment and Jobs Act (49 U.S.C. 31315 note), including justifications for the inclusion of these program requirements as well as expected implications on motor carrier, experienced driver, and prospective apprentice participation.
Promotion— Notwithstanding any other provision of law, the Secretary of Transportation shall promote the apprenticeship pilot program under section 23022 of the Infrastructure Investment and Jobs Act (49 U.S.C. 31315 note) and, if necessary, remove requirements for participation in the program that go beyond section 23022 of the Infrastructure Investment and Jobs Act (49 U.S.C. 31315 note) in order to improve participation rates and collect sufficient data.
Sec. 4 Apprenticeship program for commercial drivers under the age of 21
Definitions— In this section:
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.
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.
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).
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).
Employee— The term employee has the meaning given such term in section 31132 of title 49, United States Code.
Employer— The term employer has the meaning given such term in section 31132 of title 49, United States Code.
Experienced driver— The term experienced driver means an individual who—
is not less than 21 years of age;
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);
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
has a minimum of 2 years of experience driving a commercial motor vehicle in interstate commerce.
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).
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.
Secretary— The term Secretary means the Secretary of Transportation.
Apprentice— An apprentice may—
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
drive a commercial motor vehicle in interstate commerce after the apprentice completes an apprenticeship program described in paragraph (1).
Apprenticeship program— An apprenticeship program referred to in subsection (b) is a program that consists of the following requirements:
120-hour probationary period—
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.
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:
Interstate, city traffic, rural 2-lane, and evening driving.
Safety awareness.
Speed and space management.
Lane control.
Mirror scanning.
Right and left turns.
Logging and complying with rules relating to hours of service.
280-hour probationary period—
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.
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:
Backing and maneuvering in close quarters.
Pre-trip inspections.
Fueling procedures.
Weighing loads, weight distribution, and sliding tandems.
Coupling and uncoupling procedures.
Trip planning, truck routes, map reading, navigation, and permits.
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)—
the apprentice may only drive a commercial motor vehicle that has—
automatic manual or automatic transmissions;
active braking collision mitigation systems;
forward-facing video event capture; and
governed speeds of 65 miles per hour at the pedal and 65 miles per hour under adaptive cruise control; and
the apprentice shall be accompanied in the cab of the commercial motor vehicle by an experienced driver.
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.
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).
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).
Minimum requirements—
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.
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).
Regulations— Notwithstanding any other provision of law, not later than 1 year after the sunset of the apprenticeship pilot program under section 23022 of the Infrastructure Investment and Jobs Act (49 U.S.C. 31315 note), barring credible and sufficient data from a representative sample producing evidence that drivers participating in the pilot program are less safe than drivers operating a commercial motor vehicle in interstate or intrastate commerce on the day before the date of enactment of such Act, the Secretary of Transportation shall promulgate regulations for commercial drivers between the ages of 18 and 20, pursuant to this section.
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.
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).