FMCSA says yes to Railsback, no to National Ground Water Association

The Federal Motor Carrier Safety Administration is granting one exemption request regarding its entry-level driver training rule and denying another.

In separate notices scheduled to publish in the Federal Register on Thursday, Jan. 12, the agency approved an exemption for Railsback HazMat Safety Professionals and denied a request from the National Ground Water Association.

The entry-level driver training rule took effect in February 2022. Since then, the agency has received numerous exemption requests.

Railsback’s request

In 2022, owner Rex Railsback requested an exemption on behalf of his company from the requirement that a driver training instructor must possess a commercial driver’s license with all applicable endorsements to perform theory instruction.

Railsback contended that his experience in the hazardous material field would be equal to or supersede theory training offered by others and would enhance the safety of hazardous material transportation for prospective driver trainees. Railsback has spent nearly a quarter century as a certified truck inspector.

The Owner-Operator Independent Drivers Association, which pushed for the implementation of an entry-level driver training rule for years, opposed the request.

“We feel there is no substitute for an experienced behind-the-wheel trainer and employing these instructors will help achieve the objectives of the ELDT rulemaking,” OOIDA wrote. “For these reasons, OOIDA opposes Railsback HazMat’s request to exempt Mr. Railsback from the requirement … Exempting instructors without CDL experience or the proper endorsements will not result in an equivalent or greater level of safety.”

In its decision to grant the exemption, FMCSA noted that there is no skills test required for a hazmat endorsement.

The exemption will remain in effect through Jan. 12, 2028.

National Ground Water Association’s request

The National Ground Water Association asked FMCSA to exempt individuals operating Class B ground water well-drilling rigs from the entry-level driver training requirements.

As part of its request, the group told FMCSA that the additional requirements “can be especially onerous” to their operations. Supply and labor shortages also were offered as justification for the exemption.

“We hope this request will be taken under consideration, and we look forward to continuing the conversation on how to better serve those who rely on private water wells,” the National Ground Water Association wrote in a letter signed by CEO Terry Morse and President Brian Snelten.

In August, OOIDA asked the agency to deny the request.

“The skills outlined in the Class B core curricula are inherent to highway safety and were implemented to ensure that new drivers have basic commercial motor vehicle operational skills and knowledge,” OOIDA wrote. “We believe this exemption could allow individuals who drive Class B water well-drilling rigs to drive other types of Class B vehicles without sufficient knowledge of basic commercial motor vehicle maneuvers.”

FMCSA agreed, saying the National Ground Water Association provided no details of its training or how it would achieve equivalent safety levels as the regulation. LL