SUMMARY AND ANALYSIS: FMCSA Notice of Proposed Rule-Making (NPRM)

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1 SUMMARY AND ANALYSIS: FMCSA Notice of Proposed Rule-Making (NPRM) Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators Issued: March 7, 2016 PURPOSE To provide members of NYAPT with a summary review of a recent NPRM published by the Federal Motor Carrier Safety Administration in relation to training requirements for entry-level CDL drivers, including school bus drivers. Members are reminded that this is simply an overview and is not intended to replace or interpret the actual language in the proposed regulation. BACKGROUND The mission of the FMCSA in relation to commercial driver licensing is to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver's license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner. (49 CFR 383.1) Over the years, FMCSA has issued numerous regulations and guidance in response to new federal laws and in response to incidents on our highways. The most recent federal statute is the Moving Ahead for Progress in the 21 st Century or MAP-21 which was enacted in This NPRM is issued following several attempts by FMCSA to resolve the requirement for new regulations following passage of MAP-21. FMCSA engaged in a negotiated rule-making in 2015 that served to resolve many issues expressed by the industry and individuals that are governed by current regulations and would be affected by these proposed regulations upon their taking effect. On March 7, 2016, FMCSA released a Notice of Proposed Rule-Making in relation to Minimum Training Requirements for Entry Level Commercial Motor Vehicle Operators. It is the assertion of FMCSA that this rulemaking would enhance the safety of commercial vehicle operations on our Nation s highways by establishing a more extensive entry-level driver training (ELDT) protocol and by increasing the number of drivers who receive ELDT. The Comment period for the proposed regulations ends on April 6, 2016.

2 DISCUSSION Who Is Affected by This NPRM? The NPRM issued on March 7, 2016, generally affects persons who drive, or intend to drive, Commercial Motor Vehicles in either interstate or intrastate commerce. In particular, it affects individuals (1) applying for their initial CDL, (2) applying for an upgrade of their CDL, or (3) applying for an endorsement such as hazardous materials, passenger or school bus. What Would Be Required of These Individuals? The NPRM spells out new training requirements on a content and knowledge level as well as behind-thewheel skills. Overall, the NPRM proposes a Class A and Class B CDL core curriculum; training currciula related to hazardous materials (H), passenger (P) and School Bus (S) endorsements and a refresher curriculum. The core, endorsement and refresher curricula are subdivided into theory and behind-thewheel segments, with the BTW including range and public-road segments. The minimum number of hours for the theory portions is not prescribed in the regulations, but the regs to provide for a 30-hour minimum of BTW training, including at least 10 hours on a driving range. Specifically, CDL Class A driver-trainees would also need to complete a public-road driving element by either (1) driving 10 hours on a public road or (2) driving 10 public road trips of at least 50 minutes in duration. Class B CDL driver-trainees would need to receive a minimum of 15 hours of BTW training with a minimum of 7 hours of public road driving. In each case, regardless of the number of hours of BTW training, the training provider must not issue a certificate unless the student demonstrates proficiency in operating the CMV. The NPRM allows that the theory training and the BTW training do not need to be provided by the same training entity, provided each training entity is listed on the FMCSA Registry. To be more specific, the theory training for CDL Driver-trainees would include the following content areas among others: Basic Operation Control Systems/Dashboard Pre and Post-trip Inspections Shifting/operating transmissions Backing and Docking Safe Operating Procedures Visual Search Vehicle Communications Speed management Space management

3 Night operation Extreme Driving Conditions Hazard perception Distracted driving Emergency maneuvers/skid avoidance Skid Control and recovery Railroad-highway grade crossings Trip Planning Vehicle Systems and Reporting malfunctions Maintenance Environmental Compliance issues Fatigue and Wellness awareness Post Crash procedures Parallel Parking (blind and sight side) and more Finally, CDL holders who have been disqualified from operating a CMV must successfully complete refresher training and the training entity must provide instruction on all elements of the applicable curriculum. Are Any Limits Placed on Trainers? The regulation, if adopted, would require that the training is provided by an entity that (1) meets minimum qualifications for training providers (see below); (2) is listed on FMCSA s Training Provider Registry; and (3) submits electronically to FMCSA the training certificate for each individual completing the training. What Are the Categories of Trainers and Training Entities? The regulation creates a series of definitions for BTW instructor, BTW range training, BTW public road training, experienced driver, refresher training, theory instruction and more. Moreover, the rule agreed with the negotiated rulemaking team that trainers/instructors should have at least two years of experience to qualify as a BTW instructor. What Are the Minimum Qualifications for Training Entities? The training entities must, at a minimum: Offer and teach a training curriculum that meets all FMCSA standards for entry-level drivers; Meet requirements related to (1) course administration; (2) qualifications of instructional personnel; (3) assessments; (4) issuance of training certificates; (5) and training vehicles. Such entities would be eligible to be listed on the Training Provider Registry (TPR) and must continue to meet the eligibility standards in order to stay listed in the TPR. Entities must also attest that they meet the standards and be able to demonstrate same if they become subject to audits or investigations. When Would These Regulations Take Effect? The NPRM indicates that the regulations would take full effect THREE YEARS from the date of final adoption. They suggest that this will give states time to prepare for implementation and record-keeping

4 and for training entities and the training sector to prepare, develop new program requirements and sign up for the registry. FMCSA STATEMENT ON BENEFITS OF THE NEW RULE FMCSA suggests that the impact of the new rule would be not only to save lives and create greater highway safety but would also result in longer-term costs. There estimate of cost savings focuses on more efficient driving techniques that would save on fuel, repairs and costs; savings in environmental expenditures; improved performance and productivity for operators and companies; and more. These are, of course, estimates and are subjective until they can be demonstrated following implementation of the rule. But they are based in accepted standards for measuring the impact of such rules and procedures. The rule is also expected to result in lower crash and accident rates which bear their own cost and impact factors, including insurance and damage-related costs. The rule describes the amount of savings in crash and related areas that would be needed to mitigate the anticipated $287 million cost of implementation. NEXT STEPS NYAPT will be preparing comments regarding this NPRM and forwarding those comments to the FMCSA in accordance with the comment process spelled out in the NPRM. SECTION-BY-SECTION DISCUSSION FMCSA took time to identify and request comments and input from the public in several sections of the NPRM as follows: Section /Definitions FMCSA seeks comments on whether the two-year experience requirement for BTW instructors would affect the applicability of state laws relating to instructors or training providers. Section /Entry-level Driver Training Requirements FMCSA is requesting comments on whether the rule should require that theory and BTW training be taken sequentially and specifically whether theory training should be required before taking the stateadministered written test to obtain the Commercial License Permit. Note that this section outlines in close detail the contents and subject matter requirements for the theory portions of the training program.

5 Section /Requirements for Continued Listing on the Registry FMCSA seeks comments on provisions related to steps necessary for changing the status of a training entity as are described in this section. Section /Removal from Training Registry FMCSA is seeking comments on the procedure for removal of providers from the Registry and whether there are viable alternatives to this approach. AREAS OF SPECIFIC NYAPT INTEREST Section and Section These two sections of the regulations deal in part or in whole with training requirements for the S endorsement for school bus drivers. The regulations outline in close detail the content and substance of the training requirements. NYAPT encourages our members to review these sections in particular and to share your thoughts and comments before March 22 nd.

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