Pub. L. 105-178, tit. IV, sec. 4012
EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS.
SEC. 4012. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS. (a) In General.— Section 31502 is amended by adding at the end the following: “(e) Exception.— “(1) In general.— Notwithstanding any other provision of law, regulations issued under this section or section 31136 regarding— “(A) maximum driving and on-duty times applicable to operators of commercial motor vehicles, “(B) physical testing, reporting, or recordkeeping, and “(C) the installation of automatic recording devices associated with establishing the maximum driving and on-duty times referred to in subparagraph (A), shall not apply to any driver of a utility service vehicle during an emergency period of not more than 30 days declared by an elected State or local government official under paragraph (2) in the area covered by the declaration. “(2) Declaration of emergency.— An elected State or local government official or elected officials of more than one State or local government jointly may issue an emergency declaration for purposes of paragraph (1) after notice to the Regional Director of the Federal Highway Administration with jurisdiction over the area covered by the declaration. “(3) Incident report.— Within 30 days after the end of the declared emergency period the official who issued the emergency declaration shall file with the Regional Director a report 112 STAT. 409of each safety-related incident or accident that occurred during the emergency period involving— “(A) a utility service vehicle driver to which the declaration applied; or “(B) a utility service vehicle of the driver to which the declaration applied. “(4) Definitions.— In this subsection, the following definitions apply: “(A) Driver of a utility service vehicle.— The term ‘driver of a utility service vehicle’ means any driver who is considered to be a driver of a utility service vehicle for purposes of section 345(a)(4) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 613). “(B) Utility service vehicle.—The term ‘utility service vehicle’ has the meaning that term has under section 345(e)(6) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat 614–615).” . (b) Continued Application of Safety and Maintenance Requirements.— (1) In general.— The amendment made by subsection (a) may not be construed— (A) to exempt any utility service vehicle from compliance with any applicable provision of law relating to vehicle mechanical safety, maintenance requirements, or inspections; or (B) to exempt any driver of a utility service vehicle from any applicable provision of law (including any regulation) established for the issuance, maintenance, or periodic renewal of a commercial driver’s license for that driver. (2) Definitions.— In this subsection, the following definitions apply: (A) Commercial driver’s license.— The term “commercial driver’s license” has the meaning that term has under section 31301 of title 49, United States Code. (B) Driver of a utility service vehicle.— The term “driver of a utility service vehicle” has the meaning that term has under section 31502(e)(2) of such title. (C) Regulation.— The term “regulation” has the meaning that term has under section 31132 of such title. (D) Utility service vehicle.— The term “utility service vehicle” has the meaning that term has under section 345(e)(6) of the National Highway System Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat. 614–615).