Trucker Bathroom Access Act
The Trucker Bathroom Access Act would create a federal rulebook that expands restroom access for certain commercial drivers. It adds a new provision (Sec. 14105) to title 49 U.S. Code that requires “covered drivers” to be granted access to “covered restroom facilities” at any “covered establishment” where they deliver goods or are waiting to be loaded. It clarifies that establishments are not required to make physical changes to restrooms to comply. In addition, the bill requires port and intermodal facilities to provide a sufficient number of restrooms for “covered drayage truck operators” (drivers moving containers through ports or intermodal yards), including access to existing restrooms, additional restrooms where needed, and parking for vehicles while restrooms are used. The bill defines key terms to determine who is covered and what facilities qualify. In short, the act aims to improve restroom access for truck drivers in the supply chain, including at ports, without mandating new bathroom construction, while setting criteria to determine which facilities must be accessible and under what conditions.
Key Points
- 1New federal standard: Establishes a right for “covered drivers” to access “covered restroom facilities” at covered establishments where they deliver goods or are waiting to be loaded.
- 2No mandatory restroom construction: Section 2(b) makes clear that compliance does not require physically changing or retrofitting restrooms.
- 3Definitions to determine coverage:
- 4- Covered driver: A commercial motor vehicle operator under the DOT’s hours-of-service authority (per 49 U.S.C. §31502).
- 5- Covered restroom facility: A restroom on the premises intended for customers or employees, located where access would not pose health/safety or security risks to the driver.
- 6- Covered establishment: A public business that sells goods/services or a business entity involved in receiving/sending goods by CMV; excludes very small (800 sq ft or less) structures whose restrooms are only for employees (e.g., some filling stations, service stations, or restaurants).
- 7Drayage/restroom access at ports: Section 3 requires terminal operators to provide a sufficient number of covered restrooms for covered drayage truck operators on port or intermodal yard property, with three requirements:
- 8- Access existing restrooms when on port property unless there is an obvious safety risk.
- 9- Add restrooms where there is the most need.
- 10- Provide a place for drivers to park while using the restrooms.
- 11Drayage/delivery-specific definitions:
- 12- Covered drayage truck operator: Driver of an in-use vehicle > 33,000 pounds gross vehicle weight rating operating on/through port or intermodal yard to load/unload or transport cargo.
- 13- Terminal operator: The entity operating a marine terminal (including port authorities when directly operating the terminal).
- 14- Covered restroom (for drayage): A restroom or portable toilet located where there is no obvious health/safety risk to the driver.