Training required

The Owner-Operator Independent Drivers Association has long argued that a well-trained driver is the best way to improve highway safety.

So it’s no surprise that OOIDA is opposing a proposal from the Federal Motor Carrier Safety Administration that would lessen some of its CDL requirements.

“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 wrote in comments signed by President Todd Spencer. “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.”

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

OOIDA, which refutes any claims of there being a driver shortage, says there is no justification for making it easier for unqualified truckers to possess a commercial driver’s license. The Association filed formal comments on April 2.

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 Association has concerns about each of the proposed changes.

On CDL skills testing for out-of-state applicants:

“FMCSA, in conjunction with the state driver licensing agencies, must present more information about how different states are administering CDL skills tests and what information is available regarding pass/fail rates, procedures for retaking exams upon failure and other irregularities between states’ testing data,” OOIDA wrote. “While we understand the intent of alleviating CDL delays and waiting times, we must ensure all states are meeting minimum entry-level driver training standards.”

On learner’s permit holders who passed the skills test:

“The notice of proposed rulemaking fails to explain how the commercial learner’s permit holder will be adequately mentored 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.”

On removing the 14-day waiting period:

“The agency should only remove the 14-day waiting period if they first amend entry-level driver training requirements to include a minimum level of behind-the-wheel training,” OOIDA wrote. “Since the ELDT rule does not have a minimum number of behind-the-wheel hours, FMCSA should not weaken training opportunities by eliminating the 14-day waiting period for commercial learner’s permit holders to take the CDL skills test absent other appropriate agency actions.”

On third-party knowledge examiners and testers:

“OOIDA has historically raised concerns about the reliance and expanded use of third-party knowledge examiners and skills testers as we continue seeing instances of third-party examiner fraud and bribery,” the Association wrote. “Certainly, more oversight is warranted as more and more states increasingly utilize third-party examiners.”

Other opposition

Individual truckers also have been vocal about their opposition to FMCSA’s proposed changes.

According to Regulations.gov, the agency received 644 comments. Many of the submissions came from truck drivers who echoed OOIDA’s concerns.

“I’ve been driving for the last four years, and I don’t think it’s a good move,” Darwyn Williams wrote. “Our families drive on these roads every day, and (less)-skilled drivers would make it more dangerous on every highway in the world. The new drivers lack discipline and knowing the importance of the profession. It’s not just about getting out here and making money. It’s about being aware, defensive driving, protecting yourself and others from fatal situations. I say no to this change!”

Many truck drivers said the changes would be a detriment to highway safety.

“I thought the FMCSA had the job of making things safer on our nation’s roads? The proposed rules change will only make things less safe and more dangerous,” Deshay Mcclinchy wrote. “People want to pick and choose testing states because they can’t maneuver the truck per some state tests. Having a skilled CDL driver in (the) truck with a trainee is crucial to safety.”

The Truck Safety Coalition also criticized the proposal following the latest crash statistics from the National Highway Traffic Safety Administration.

“Shockingly, amid this truck crash fatality crisis, FMCSA is proposing to roll back safety standards under the guise of ‘flexibility’ for carriers,” Truck Safety Coalition Executive Director Zach Cahalan wrote in a statement. “The proposed changes have a clear negative impact on safety, which the agency fails to even attempt to assess in its analysis. Secretary Buttigieg calls the reality of today’s roadway crisis ‘Unacceptable.’ Yet, FMCSA is moving forward with unacceptable proposals that weaken and compromise existing safety regulations.”

Proponents

The proposal was prompted by petitions from the American Trucking Associations and the New Hampshire Department of Transportation.

The organizations say the changes are needed to “ensure continuity in the American supply chain.”

FMCSA said it believes the changes will improve the efficiency and convenience of obtaining a CDL without hindering safety. LL