FMCSA grants exemption involving CDL skills test procedures

Three states can continue using revised commercial driver’s license pre-trip vehicle inspection and revised control skills test procedures.

The Federal Motor Carrier Safety Administration granted an exemption request by the American Association of Motor Vehicle Administrators from October 2021. The exemption allows Maryland, New Hampshire and Virginia to continue operating under the pilot model “without the burden of reverting to current CDL test model generating costs and delays associated with the reconfiguration of testing locations and retraining of CDL test examiners.”

A notice published in the Federal Register on Tuesday, March 1.

The exemption was retroactive to become effective Feb. 22 and expires on Feb. 22, 2027.

“FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption,” the notice stated.

The CDL regulations require states to develop, administer and score the skills tests based solely on the information and standards contained in the driver and examiner manuals. In addition, a state must use the standardized scores and instructions for administering the tests contained in the examiner manual.

As part of its exemption request, the American Association of Motor Vehicle Administrators said it would be a sound action to allow the three states to continue using revised procedures and that the exemption would allow FMCSA to analyze the field test results and determine if any additional adjustments warrant further review and testing.

All other safety requirements, such as requiring the applicant to pass the traditional on-road test segment of the skills test, would continue to apply.

No comments were filed in opposition to the exemption request.

“FMCSA expects the states of Maryland, New Hampshire and Virginia will continue to maintain their safety record while operating under this exemption,” the agency wrote. “However, should safety be compromised, FMCSA will take all steps necessary to protect the public interest, including revocation or restriction of the exemption.” LL