Driving school seeks exemption from instructors’ qualification requirements

A truck driving school is asking the Federal Motor Carrier Safety Administration to exempt its instructors from a regulation that requires them to have at least two years of experience driving a commercial motor vehicle.

In a notice that is scheduled to publish in the Federal Register on Wednesday, May 25, Greer, S.C.-based SBL Driving Academy asked the agency to exempt two of its employees from the theory and behind-the-wheel instructor qualification requirements contained in the entry-level driver training regulations.

“Specifically, SBL seeks an exemption from the requirement that instructors have at least two years of experience driving a commercial motor vehicle requiring a commercial driver’s license of the same or higher class and/or the same endorsement necessary to operate the CMV for which training is provided,” the notice states.

FMCSA’s entry-level driver training regulations went into effect in February. The rule included qualification requirements for instructors.

Company alleges driver shortage

In its application for exemption, SBL said that it has two employees who do not have the two years of required driving experience. The driving school said the employees meet the qualifications under current state regulations and the federal regulations in effect before February’s implementation of the entry-level driver training rule. In addition, SBL said both instructors have Class A CDLs with tanker endorsements and are medically qualified.

“SBL states that the instructor qualifications required by the (entry-level driver training) regulations will have a severe negative impact on its business and on the driver shortage,” FMCSA wrote in the notice. “SBL requests an exemption that would allow the two instructors to accumulate two years of experience while continuing to provide behind-the-wheel and theory instruction.”

The driving school said the exemption would allow for full instructor staffing, resulting in a “50% increase of approximately 96 students annually.” Without the exemption, SBL said it would be forced to terminate the employees and replace them “with less-qualified individuals.”

In addition, SBL noted that the agency has included “grandfathering” provisions in previous regulations. Specifically, individuals who obtained a commercial learner’s permit before Feb. 7 are not required to comply with the entry-level driver training rule if they obtain a CDL before the learner’s permit expires. SBL is requesting similar consideration for instructors who met federal requirements before Feb. 7.

How to comment

Once the notice is published in the Federal Register, the public will have 30 days to comment. To do so, go to the Regulations.gov website and enter Docket No. FMCSA-2021-0169. LL