FMCSA Further Delays New Entry-Level Driver Rule

Last week, the Federal Motor Carrier Safety Administration (FMCSA) announced it will further delay the implementation date of the new entry-level driver training requirements rule from May 22, 2017 until June 5, 2017. The extension allows FMCSA more time to review the rule’s provisions to decide whether they fit within the new Trump Administration’s regulatory requirements. This process is consistent with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review,’’ which temporarily delays pre-Trump Administration regulatory action.

The Entry-Level Driver Training Rule, should it go into effect, would establish guidelines for minimum training requirements for individuals seeking to obtain a commercial drivers license (CDL) to operate a commercial motor vehicle (CMV). The rule establishes, for the first time ever, a universal and comprehensive training standard requiring both behind-the-wheel (BTW) instruction and specific topics to be covered during classroom instruction. The new requirements apply to "individuals applying for their initial CDL; an upgrade of their CDL or a hazardous materials, passenger, or school bus endorsement for their license." The training also has to be conducted by a certified entity listed on the new "Training Provider Registry". The requirements for obtaining a Class B CDL to operate a ready mixed concrete truck are included in the new rule. While there is not a minimum number of BTW and classroom instruction hours, there is a required comprehensive curriculum that needs to be covered followed by the driver’s demonstration of proficiency of the curriculum and BTW training elements.

This new rule was required by the 2012 transportation bill known as "MAP-21" which stated that FMCSA must develop regulations "concerning ELDT for drivers operating commercial motor vehicles in interstate or intrastate commerce." In complying with the MAP-21 requirement, FMCSA implemented a process for a "negotiated rulemaking" whereby "25 key FMCSA stakeholders... [consisting of] motor carrier transportation, highway safety, driver training, state licensing, law enforcement, labor union, and insurance organizations... convened for six two-day negotiating sessions to reach a consensus on minimum training standards for entry-level drivers."