OOIDA opposes driver training school’s exemption request

June 27, 2022

Mark Schremmer

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When it comes to improving highway safety, the Owner-Operator Independent Drivers Association said there is no substitute for an experienced and qualified trainer.

That’s why OOIDA opposed a truck driving school’s request to exempt its instructors from a regulation that requires them to have at least two years of experience driving a commercial motor vehicle.

In May, South Carolina-based SBL Driving Academy asked the Federal Motor Carrier Safety Administration to exempt two of its employees from the theory and behind-the-wheel instructor qualification requirements contained in the entry-level driver training regulations.

On Friday, June 24, OOIDA formally opposed the request and urged FMCSA to deny the exemption.

“CDL experience is essential in providing comprehensive training to entry-level drivers,” OOIDA wrote. “We feel there is no substitute for an experienced behind-the-wheel trainer and employing these instructors will help achieve the objectives of the entry-level driver training rulemaking.”

FMCSA’s entry-level driver training regulations went into effect in February. The rule included qualification requirements for instructors.

For years, OOIDA pushed for entry-level driver training requirements.

“In our opinion, the best way to promote safety is to improve driver training requirements,” OOIDA wrote. “Currently, too many new drivers enter the industry without the basic skills to safely operate a CMV. While the ELDT rulemaking that went into effect earlier this year is far from sufficient, the regulation does establish minimum qualifications for training instructors. If these standards are maintained and enforced, highway safety will undoubtedly improve.”

Company alleges driver shortage

In its application for exemption, SBL said that it has two employees who do not have the two years of required driving experience. The driving school said the employees meet the qualifications under current state regulations and the federal regulations in effect before February’s implementation of the entry-level driver training rule. In addition, SBL said both instructors have Class A CDLs with tanker endorsements and are medically qualified.

“SBL states that the instructor qualifications required by the ELDT regulations will have a severe negative impact on its business and on the driver shortage,” FMCSA wrote in the notice. “SBL requests an exemption that would allow the two instructors to accumulate two years of experience while continuing to provide behind-the-wheel and theory instruction.”

The driving school said the exemption would allow for full instructor staffing, resulting in a “50% increase of approximately 96 students annually.” Without the exemption, SBL said it would be forced to terminate the employees and replace them “with less-qualified individuals.”

Comments on SBL’s request ended June 24.

Another trainer exemption request

Following SBL’s request, the Western Area Career and Technology Center asked for a similar exemption.

WACTC, a Pennsylvania-based college, said it needs the exemption because of the difficulty involved in finding qualified instructors. The college said that the instructor for whom it is seeking the exemption would reach the two-year threshold in August.

According to the notice, WACTC said it believes its instructor – Dan Ley – would make up for the lack of driving experience with his knowledge of FMCSA regulations and his qualifications.

“Prior to FMCSA’s implementation of the entry-level driver training regulations, Mr. Ley successfully trained four WACTC classes and achieved a 100% student completion rate,” the notice stated. “As an employee of the Commonwealth of Pennsylvania DOT, Mr. Ley audited and verified third-party testing sites, routes, and CDL examiners to assure compliance with PennDOT regulations. He also assisted in the training and biannual reviews of experienced and new CDL examiners and has extensive knowledge operating Class B vehicles with school bus and passenger endorsements.”

The school also noted that the instructor would need the exemption only until August. FMCSA will accept comments on WACTC’s driver training request through July 15. Comments can be made here, or by going to the regulations.gov website and entering Docket No. FMCSA-2022-0082. LL