Trucker Bathroom Access Act

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Trucker Bathroom Ac- 4 cess Act’’. 5 SEC. 2. RESTROOM ACCESS FOR DRIVERS. 6 (a) IN GENERAL.—Subchapter I of chapter 141 of 7 title 49, United States Code, is amended by adding at the 8 end the following: 9 VerDate Sep 11 2014 03:35 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3869.IH H3869 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3869 IH ‘‘§ 14105. Restroom access for drivers 1 ‘‘(a) IN GENERAL.—A covered driver shall be granted 2 access to any covered restroom facility at any covered es- 3 tablishment to which such employee delivers any goods or 4 cargo or is waiting to be loaded to transport goods or 5 cargo. 6 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec- 7 tion shall be construed to require a covered establishment 8 to make any physical changes to a restroom to be in com- 9 pliance with this section. 10 ‘‘(c) DEFINITIONS.—In this section: 11 ‘‘(1) COVERED DRIVER.—The term ‘covered 12 driver’ means any commercial motor vehicle operator 13 with respect to whom the Secretary of Transpor- 14 tation has power to establish qualifications and max- 15 imum hours of service pursuant to the provisions of 16 section 31502. 17 ‘‘(2) COVERED RESTROOM FACILITY.—The 18 term ‘covered restroom facility’ means a restroom lo- 19 cated on the premises of a covered establishment 20 that is intended for use by customers or employees 21 of the establishment and that is— 22 ‘‘(A) located in an area where providing 23 access would not create an obvious health or 24 safety risk to a covered driver; and 25 VerDate Sep 11 2014 03:35 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3869.IH H3869 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3869 IH ‘‘(B) located in an area where providing 1 access would not pose an obvious security risk 2 to the covered establishment. 3 ‘‘(3) COVERED ESTABLISHMENT.—The term 4 ‘covered establishment’— 5 ‘‘(A) means a place of business open to the 6 general public for the sale of goods or services; 7 ‘‘(B) a shipper, receiver, manufacturer, 8 warehouse, distribution center, or any other 9 business entity that is receiving or sending 10 goods by commercial motor vehicle; and 11 ‘‘(C) does not include any structure such 12 as a filling station, service station, or res- 13 taurant of 800 square feet or less that has a 14 restroom located within such structure that is 15 only intended for use by employees.’’. 16 (b) CLERICAL AMENDMENT.—The analysis for chap- 17 ter 141 of title 49, United States Code, is amended by 18 inserting after the item relating to section 14104 the fol- 19 lowing new item: 20 ‘‘14105. Restroom access for drivers.’’. SEC. 3. RESTROOM ACCESS FOR DRAYAGE TRUCK OPERA- 21 TORS. 22 (a) IN GENERAL.—A terminal operator shall provide 23 a sufficient number of covered restrooms for use by cov- 24 VerDate Sep 11 2014 03:35 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3869.IH H3869 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3869 IH ered drayage truck operators in areas of the terminal that 1 such operators typically have access to. 2 (b) REQUIREMENTS.—To be in compliance with sub- 3 section (a), a terminal operator shall provide— 4 (1) access to existing restrooms while covered 5 drayage truck operators are on port property and 6 when such access does not pose an obvious safety 7 risk to such truck operators and other employees of 8 the terminal operator in the area; 9 (2) additional restrooms, if necessary, at loca- 10 tions where there is the most need; and 11 (3) a place for covered drayage truck operators 12 to park vehicles while accessing such restrooms. 13 (c) DEFINITIONS.—In this section: 14 (1) COVERED DRAYAGE TRUCK OPERATOR.— 15 The term ‘‘covered drayage truck operator’’ means 16 the driver of any in-use on-road vehicle with a gross 17 vehicle weight rating of greater than 33,000 pounds 18 operating on or transgressing through port or inter- 19 modal rail yard property for the purpose of loading, 20 unloading, or transporting cargo, including contain- 21 erized, bulk, or break-bulk goods. 22 (2) TERMINAL OPERATOR.—The term ‘‘ter- 23 minal operator’’— 24 VerDate Sep 11 2014 03:35 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3869.IH H3869 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3869 IH (A) means the business entity operating a 1 marine terminal for loading and unloading 2 cargo to and from marine vessels; and 3 (B) includes the port authority if the port 4 is directly operating the marine terminal in 5 loading and unloading cargo to and from ma- 6 rine vessels. 7 (3) COVERED RESTROOM.—The term ‘‘covered 8 restroom’’ means a restroom or portable chemical 9 toilet that is located in an area that does not pose 10 an obvious health or safety risk to a covered drayage 11 truck operator. 12 Æ VerDate Sep 11 2014 03:35 Jul 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3869.IH H3869 pbinns on DSKJLVW7X2PROD with $$_JOB