FMCSA denies UPS driver training exemption

The Federal Motor Carrier Safety Administration has once again denied a request from the United Parcel Service for an exemption from part of the entry-level driver training rule.

In a notice set to publish in the Federal Register on Tuesday, Sept. 6, FMCSA denied UPS’ petition for reconsideration. The agency said UPS failed to show evidence that the exemption would ensure an equivalent safety level.

FMCSA’s entry-level driver training rule took effect in February.

UPS first filed an exemption request in 2019, asking FMCSA to waive the requirement that training instructors have at least two years of experience. The agency denied that request.

In 2020, UPS asked FMCSA to reconsider. As part of the most recent request, UPS said the exemption was necessary because of “turnover issues” with driver trainers. According to the FMCSA notice, UPS said it had to hire 100 candidates in an attempt to get 50 trainers across the United States. Of the 100 hired, UPS said it was able to retain only 38 trainers.

The Owner-Operator Independent Drivers Association filed comments in opposition of the exemption.

“OOIDA has supported national entry-level driver training standards for decades,” the Association wrote. “In our opinion, the best way to promote safety is to improve driver training requirements. Currently, too many new drivers enter the industry without the basic skills to safely operate a commercial motor vehicle.”

The Commercial Vehicle Training Association also opposed the exemption.

FMCSA agreed with OOIDA and the Commercial Vehicle Training Association that UPS didn’t provide a suitable analysis of the safety impacts that the exemption could cause.

“It also does not provide countermeasures to be undertaken to ensure that the request would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the entry-level driver training regulations,” FMCSA wrote. LL