FMCSA moves forward with procedural rule; other CDL rulemaking faces pushback

The Federal Motor Carrier Safety Administration has issued a final rule that amends the regulations to incorporate the most recent edition of the American Association of Motor Vehicle Administrators CDL Information System State Procedures Manual.

The rule, which is scheduled to be published in the Federal Register on Thursday, June 13, will require all state driver licensing agencies to follow standard administrative practices required by the states.

These updates were required by statute.

“The rule solely defines processes and procedures which ensure that other regulations are uniformly implemented and imposes no new regulatory requirements,” FMCSA wrote. “The rule will impose no new costs, and any benefits that will result from it are expected to be de minimis.”

Other CDL rulemaking

Although FMCSA’s most recent final rule is mostly procedural, the agency is working on another CDL rulemaking that will be of interest to drivers and motor carriers.

In February, FMCSA published a notice of proposed rulemaking aimed at increasing flexibility for state driver licensing agencies and applicants.

FMCSA’s proposed changes include:

• Giving applicants the option to take a CDL skills test in a state that isn’t their home state
• Allowing commercial learner’s permit holders who have passed the CDL skills test to operate commercial motor vehicles on public roads, without a qualified CDL holder in the passenger seat
• Removing the requirement that an applicant wait at least 14 days to take the CDL skills test following the initial issuance of a commercial learner’s permit
• Requiring third-party knowledge examiners be subject to the training, certification and record-check standards currently applicable to state knowledge examiners

The Owner-Operator Independent Drivers Association, which represents small-business truckers, said there is no justification for making it easier for an unqualified truck driver to receive a CDL.

“Currently, far too many new drivers are entering the trucking industry and driving on the nation’s roads without the basic skills to safely operate a commercial vehicle,” OOIDA President Todd Spence wrote in comments submitted in April. “With that in mind, we question the agency’s proposal amending CDL regulations that would weaken driver training standards and fail to improve highway safety … FMCSA should be finding ways to bolster training requirements, not dilute them.”

FMCSA received nearly 650 comments on the proposal. Many of the comments echoed OOIDA’s concerns.

“There are several reasons this petition should be denied,” the Truck Safety Coalition wrote. “The first is that FMCSA lacks any data that would suggest this petition would not have an adverse safety impact.” LL