OOIDA opposes exemption request for student drivers

June 25, 2024

Mark Schremmer

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The Federal Motor Carrier Safety Administration shouldn’t grant motor carriers exemptions from safety regulations based on the false premise of a driver shortage, the Owner-Operator Independent Drivers Association said in formal comments to the agency.

Covenant Transport and Landair Transport – who are working jointly as Covenant Logistics – recently asked FMCSA for an exemption that would allow thousands of their student drivers to operate a commercial motor vehicle without a CDL holder in the passenger seat. The companies requested a two-year exemption that would apply to about 4,000 drivers annually.

Current regulations require a CDL holder with the proper class and endorsements to be seated in the front while a commercial learner’s permit holder is driving on public roads or highways. The exemption would allow Covenant Logistics student drivers who passed the skills test but have not yet received the CDL document to drive a commercial motor vehicle accompanied by a CDL holder “who is not necessarily in the passenger seat.”

OOIDA filed comments on Monday, June 24 in opposition of the exemption request.

“Covenant’s exemption request is another example of a carrier using the false premise of a driver shortage to take advantage of safety regulations,” OOIDA wrote in comments signed by President Todd Spencer. “In reality, evidence from the federal government and industry analysis shows that driver turnover is the problem. For one, FMCSA estimates that over 400,000 new CDLs are issued every year. … The nation’s largest truck fleets routinely report annual turnover rates above 90%. Clearly, there is no shortage of drivers entering the industry.”

Covenant Logistics’ request is similar to an exemption that FMCSA already has granted to several carriers.

FMCSA recently renewed a similar exemption for CRST. Stevens Transport, New Prime, CR England, Werner Enterprises and Wilson Logistics also are operating under exemptions that no longer require the trainer to be in the passenger seat.

“The exemption request fails to explain how the commercial learner’s permit holder will be adequately monitored 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. Granting (the) exemptions … ignores the fact that well-trained, more experienced drivers have better safety records and can pass their knowledge along to less-seasoned drivers.”

According to Regulations.gov, FMCSA received 27 comments regarding Covenant’s exemption request. Many of the comments opposed the exemption. The American Trucking Associations, however, offered support.

“Eliminating barriers that result in unproductive work hours, such as foregoing the requirement of a CDL holder (being) in the front seat, would subsequently lead to bolstered cargo movement and cost-effectiveness,” ATA wrote. “The solution would contribute to improvements in short- and long-term supply chain efficiency and alleviate pressure due to driver shortages.” LL