FMCSA grants Werner’s CDL exemption for permit holders

March 30, 2022

Mark Schremmer

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Despite opposition from OOIDA and others, the Federal Motor Carrier Safety Administration is granting Werner Enterprises an exemption from a regulation that requires a commercial learner’s permit holder to be accompanied by a CDL holder in the passenger seat.

A notice to approve the exemption is scheduled to be published in the Federal Register on Thursday, March 31.

The exemption, which has been granted to such other trucking companies as CR England, CRST and New Prime, applies only to permit holders who have already passed the CDL skills test but have not yet obtained the CDL document from their home state. The CDL holder also will have to remain in the vehicle but will not be required to sit in the front seat.

Werner filed the exemption request in August, citing a “historic driver shortage” as part of the reasoning.

The Owner-Operator Independent Drivers Association opposed the request, calling it another example of large carriers using the false premise of a driver shortage to get around safety regulations.

OOIDA argues that there is not a driver shortage. Rather, the Association contends the issue is a driver retention problem that could be fixed by improving pay and working conditions.

“In reality, evidence from the federal government and industry analysis show that driver turnover is the problem,” OOIDA wrote in comments signed by President Todd Spencer. “For one, FMCSA estimates that over 400,000 new commercial driver’s licenses are issued every year. On top of that, the U.S. Department of Labor did not find any indications of a driver shortage when examining the issue in 2019. Instead, they identified the high turnover experienced by large carriers as one reason for the perception of a shortage.”

OOIDA said that false claims of a driver shortage shouldn’t lead to the removal of a safety regulation.

“The regulations requiring an experienced driver in the front seat with a permit holder were implemented with safety in mind,” OOIDA wrote in its comments filed in September. “Because Werner has not demonstrated that this exemption would achieve a level of safety equivalent or greater than the safety level under the current regulations, a waiver should not be granted.”

Several individuals also spoke out against the exemption request.

“Werner does not need this exemption,” Shadi Ahmad wrote. “It’s already too easy to obtain a CDL, and this will lead to even less driver training. The reasons Werner (are) claiming are unfounded. Smaller companies who pay their drivers better keep their drivers longer. Werner is only looking to circumvent the rules that should apply to everyone. Especially Werner, rather than exempting Werner.”

Roger Issacs also filed comments in opposition.

“I don’t think this should be approved,” he wrote. “This would open the door for permit holders to run as a team driver, when some may not be able to pass a driver’s test, with no eyes on anything they could do wrong, when trainer is asleep in the sleeper.”

The American Trucking Associations and other organizations wrote in support of the exemption. Like Werner, ATA used the “driver shortage” as a key argument.

“Given the ongoing driver shortage, ATA is vitally interested in removing employment barriers to increase efficiency without hindering safety,” the group wrote. “Specifically, ATA believes that granting Werner’s exemption would achieve an equivalent or greater level of safety, mitigate the impact of state driver’s licensing agency processing delays, address the needs of a mobile workforce and minimize costs and burdens for the trucking industry.”

FMCSA said it approved the exemption because the drivers in question have already met the requirements for a CDL but haven’t picked up the document from their home state. The agency also noted that it previously granted similar exemptions to CR England and others.

“The agency is not aware of data or information that would suggest Werner has lapses in safety management controls, especially those involving its supervision of commercial motor vehicle drivers,” FMCSA wrote. “The exemption will enable these drivers to operate a commercial motor vehicle as a team driver without requiring that the accompanying CDL holder be on duty and in the front seat while the vehicle is moving.”

The exemption goes into effect once the notice is published in the Federal Register and will expire on March 31, 2027. LL