FMCSA grants exemption to thousands of commercial learner’s permit holders

The Federal Motor Carrier Safety Administration has granted an exemption that is expected to apply to thousands of commercial learner’s permit holders annually.

In a notice that is scheduled to be published in the Federal Register on Tuesday, July 30, FMCSA announced its decision to approve an exemption request from Covenant Logistics. The exemption will remain in effect for two years.

Covenant Transport and Landair Transport – who are working jointly as Covenant Logistics – asked for an exemption from the requirement that a CDL holder must be in the passenger seat while a commercial learner’s permit holder is driving.

Current regulations require a CDL holder with the proper class and endorsements to be seated in the front while a commercial learner’s permit holder drives on public roads or highways.

The exemption allows Covenant Logistics student drivers who passed the skills test but have not yet received the CDL document to drive a commercial motor vehicle accompanied by a CDL holder “who is not necessarily in the passenger seat.”

Covenant Logistics expects about 4,000 of its drivers to operate under the exemption each year.

Opposition

FMCSA received 27 comments on Covenant’s exemption request, with 25 opposed.

The Owner-Operator Independent Drivers Association questioned the carriers’ ability to ensure that the exemption will meet an equivalent safety standard.

“The exemption request fails to explain how the commercial learner’s permit holder will be adequately monitored if the CDL holder is not in the passenger seat,” OOIDA wrote. “Given the minimum nature of current entry-level driver training standards, inexperienced drivers will face countless conditions, scenarios and other challenges they had absolutely no training for during their first months and even years on the road. Granting (the) exemptions … ignores the fact that well-trained, more experienced drivers have better safety records and can pass their knowledge along to less-seasoned drivers.”

The Truck Safety Coalition also opposed the request.

“Requiring commercial learner’s permit holders to receive physically direct CDL holder supervision and observation reduces the likelihood that mistakes will occur in the first place,” the safety group wrote. “The Truck Safety Coalition calls on FMCSA to demonstrate its unwavering commitment to safety and to deny this inadequately justified exemption application for renewal.”

Previous exemptions

Covenant Logistics’ request is similar to an exemption that FMCSA already granted to several other carriers.

FMCSA recently renewed a similar exemption for CRST. Stevens Transport, New Prime, CR England, Werner Enterprises and Wilson Logistics also are operating under exemptions that no longer require the trainer to be in the passenger seat.

The American Trucking Associations and AWM Associates wrote comments in support of Covenant’s request, saying that the current regulation hinders the supply chain, as there are long waiting periods for drivers to receive their CDL documentation. LL