Opposition to Proposed CDL Testing Changes
WASHINGTON — Regulators faced significant pushback from truck owner-operators and safety advocates over a proposal aimed at simplifying the process for testing and hiring new drivers.
The Federal Motor Carrier Safety Administration (FMCSA) has proposed a rule titled “Increased Flexibility for Testing and for Drivers after Passing the Skills Test,” which would relax existing regulations surrounding commercial driver’s license (CDL) testing. The changes that FMCSA published for public comment in February follow temporary waivers and exemptions introduced during and after the pandemic, as well as a petition from the American Trucking Associations (ATA) made in 2020. The public comment period closed on April 2.
ATA advocates for these changes, believing that a more streamlined CDL testing process could help recruit more drivers. Brenna Lyles, ATA’s safety policy director, stated, “If the industry and broader supply chain doesn’t effectively address the driver shortage, it could reach 160,000 drivers by 2030.”
Lyles emphasized the need for over a million new drivers to meet industry demands and mitigate the loss of existing drivers. She argued that reducing regulatory barriers in the CDL testing process is critical for enabling new entrants into the driving workforce.
Werner Enterprises supports the proposal allowing Commercial Learner’s Permit (CLP) holders to drive while a CDL holder rests in the sleeper berth, instead of requiring the CDL holder to supervise from the passenger seat. They believe this change will create more team-driving opportunities, enhance productivity, and help recruit qualified drivers to enter the workforce more efficiently.
Meanwhile, the Commercial Vehicle Training Association (CVTA) favors the amendments, claiming that they would shorten waiting periods for license processing and widen testing locations, thereby lowering costs and increasing tax revenue. CVTA Chairman Danny Bradford cited that delays have adversely affected almost 259,000 drivers and led to over $1 billion in lost wages since 2016.
Concerns About Safety Standards
Conversely, owner-operators and safety advocates contend that easing CDL testing regulations compromises essential safety objectives that FMCSA should prioritize. Todd Spencer, President and CEO of the Owner-Operator Independent Drivers Association, remarked that FMCSA does not clarify how CLP holders would receive adequate mentorship if CDL holders are not required to supervise them in the vehicle.
Spencer noted that the current entry-level driver training standards are minimal, leaving inexperienced drivers unprepared for various conditions and challenges. He cautioned against eliminating the requirement for CDL holders to be in the passenger seat, asserting that experienced drivers have better safety records and can impart crucial knowledge to less seasoned drivers.
Furthermore, Peter Kurdock, general counsel for Advocates for Highway and Auto Safety, mentioned that the proposed rule lacks data or analysis to justify claims of long wait times for scheduling skills tests. He expressed concern that by permitting any out-of-state applicant to take a skills test in a different state, the potential for “test shopping” could arise, as applicants may choose states with looser standards.
Kurdock also recalled an investigation by The Boston Globe, revealing FMCSA’s failure to adequately oversee unsafe carriers and drivers. Therefore, he argued, it is doubtful that FMCSA could ensure proper regulation of a less rigorous testing process with fewer safeguards to prevent unqualified individuals from operating Commercial Motor Vehicles (CMVs).
Further Reading
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