PRINTER'S NO. 2891
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2465
Session of
2022
INTRODUCED BY SILVIS, ROTHMAN, SMITH, MAJOR AND DELLOSO,
MARCH 29, 2022
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 29, 2022
AN ACT
Providing for retail restroom access for truck drivers and for
port restroom access for truck drivers; imposing penalties;
imposing a duty on the Department of Health; and providing
for enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Truck Driver
Restroom Access Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Common carrier." A person that transports property, cargo
or materials for the general public via motor vehicle for
compensation.
"Drayage truck driver." A driver of an in-use on-road
vehicle with a gross vehicle weight rating greater than 33,000
pounds operating on or moving through a port or intermodal rail
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
yard property for the purpose of loading, unloading or
transporting cargo, including containerized, bulk or break-bulk
goods.
"Receiver." A person that takes delivery from a motor
carrier or driver of a commercial motor vehicle of property,
cargo or materials transported in interstate or intrastate
commerce.
"Restroom." A bathroom facility on the premises of, and
operated by, a retail establishment, shipper and receiver and
intended for use by customers and employees.
"Retail establishment." A place of business open to the
general public for the sale of goods or service, including
commercial warehouses. The term does not include a structure
such as a filling station, service station or restaurant of 800
square feet or less that has a restroom located within the
structure intended for use by employees only.
"Shipper." A person that tenders property, cargo or
materials to a motor carrier or driver of a commercial motor
vehicle for transportation in interstate or intrastate commerce.
"Terminal operator." The business entity operating a marine
terminal for loading and unloading cargo to and from marine
vessels. The term includes a port if the port is directly
operating the marine terminal in loading and unloading cargo to
and from the marine vessels.
Section 3. Retail restroom access and penalties.
The following apply:
(1) A retail establishment, shipper or receiver that has
a restroom shall allow a common carrier delivering goods to
or picking goods up from the retail establishment to use that
restroom during regular business hours provided that:
20220HB2465PN2891 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(i) The restroom is located in an area where
providing access would not create health or safety risks
to the common carrier.
(ii) Allowing the common carrier to access the
restroom does not pose a security risk to the retail
establishment or the employees or customers of the retail
establishment.
(iii) Restrooms may include fixed bathrooms with
plumbing or portable toilets.
(2) For a first violation of this section, the
Department of Health shall issue a notice letter to the owner
or operator of the retail establishment and to any employee
of the retail establishment, shipper or receiver who denies
access to a restroom in violation of this section, informing
them of the requirements of this section. An additional
violation shall result in a fine of $300.
(3) This section shall not require a retail
establishment, shipper or receiver to make a physical change
to a restroom to be in compliance with this section.
Section 4. Port restroom access.
The following apply:
(1) A terminal operator must provide a sufficient number
of restrooms for use by drayage truck drivers in terminal
areas to which drayage truck drivers have access. Restrooms
may include fixed bathrooms with plumbing or portable
toilets.
(2) A terminal operator is deemed in compliance with
this section if the terminal operator:
(i) Allows drayage truck drivers access to existing
restrooms while the drayage truck drivers are on port
20220HB2465PN2891 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
property and when access does not pose a safety risk to
the drayage truck driver or other port workers.
(ii) When necessary, provides additional restrooms
at locations where there is the most need. Additional
restrooms shall be located in areas where access would
not pose an obvious health or safety risk to drayage
truck drivers and other port workers.
(iii) Has a policy that allows drayage truck drivers
to leave their vehicles at reasonable locations and times
for purposes of accessing restrooms.
Section 5. Enforcement.
The Department of Health and local health departments or
divisions of a county have concurrent jurisdiction to enforce
this act.
Section 6. Effective date.
This act shall take effect in 60 days.
20220HB2465PN2891 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16