FMCSA issues proposed rule on entry-level CDL holders

FMCSA is proposing changing the mandatory training requirements for entry-level CDL drivers in interstate operations.

By JIM KLEPPER
ITJ

2/22/2008

Jim C. Klepper is president of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation's commercial drivers.

On Dec. 26, 2007, the Federal Motor Carrier Safety Administration (FMCSA) issued its proposed rule for new entry-level CDL drivers. The proposed rule affects 49 CFR parts 380, 383 and 384.

FMCSA is proposing changing the mandatory training requirements for entry-level CDL drivers in interstate operations. This proposed new training WOULD NOT apply to current CDL drivers or those that obtain a CDL up to 3 years after the final rule goes into effect. After that 3-year grace period, any person applying for a new or upgraded CDL would be required to complete minimum classroom and behind-the-wheel training from an accredited school or program. This proposed rule would prohibit any State from issuing a CDL if the applicant failed to produce a valid Driver Training Certificate from an accredited school or program.

Any comments on this proposed rule must be received on or before March 25, 2008. Any comment must include the following: FMCSA-2007-27748, your name and address or email address to be considered. You can submit your comments online at http://www.regulations.gov , by fax at 202-493-2251 or by mail at Docket Management Facility, US DOT, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave, SE, Washing, DC 20590.

The proposed Minimum Hours of Training Required by Part 380 Appendix B

Section
Class A Drivers
Classroom Behind the Wheel Total

Basic Operation 20 24 44
Safe Operating Practices 8 17 25
Advanced Operating Procedures 15 3 18
Vehicle Maintenance 7 0 7
Non-Driving Activities 26 0 26
Total Hours 76 44 120

Class B/C Drivers
Basic Operation 15 18 33
Safe Operating Practices 8 12 20
Advanced Operating Procedures 11 2 13
Vehicle Maintenance 5 0 5
Non-Driving Activities 19 0 19
Total Hours 58 32 90

Modern technology such as simulator training is not currently a substitute for Behind-the-Wheel training; therefore, simulator training is not accepted under this proposed new rule.

Upon the successful completion of the required training, the entry-level trainee would receive a Driver Training Certificate that includes information about the driver, the training institution and is signed by an official of the training institution. The trainee would then present this official certificate as part of their application process for a CDL from the State. The State would be required to review the certificate, include specified data from the Commercial Drivers License Information System (CDLIS), and retain a copy for their records.

This proposed rule would address specific subjects in the classroom for Class A drivers. Under Basic Operation, Section 1, there would be the following subjects: Orientation, control systems, vehicle inspection, basic control, shifting, backing, coupling and uncoupling and proficiency development.

Under Section 2, Safe Operating Practices would be visual search, communication, speed management, night operations, extreme driving conditions, proficiency development. Under Section 3, Advanced Operation Procedures would be Hazard perception, emergency maneuvers, skid control and recovery and special situations. Under Section 4, Vehicle maintenance would be Vehicle systems, preventative maintenance, and servicing and diagnosing malfunctions. Section 5, Non-Driving Activities, would cover Handling cargo, hours of service requirements, crash procedures, trip planning and miscellaneous topics.

For Class A applicants, the mandatory minimum hours of behind-the-wheel training must be conducted in a traditional tractor-trailer or truck-trailer combination vehicle for which a Class A CDL would be required.

The FMCSA expects this rule to cost the trucking industry $42 per hour of training and to take 3,994,602 hours training per year for a total annual cost of $167,788,481 each year.

I think every CDL driver should think about this proposed rule. I think you should offer your ideas to the government on how to make new drivers safer, speed up their training and any way you can think of to save the trucking industry money.

This proposed rule will make your CDL much more valuable and carriers will be looking for good drivers. To take advantage of this situation, you should go the extra mile and protect your CDL from any moving or non-moving convictions. The first step is to obey all the traffic laws as well as company policy.

Every Tuesday on Sirius Radio Channel 147, I speak live with drivers from around the country to discuss their legal questions and their problems. Call in next Tuesday and let’s discuss this proposed new training rule and how you think it will affect the trucking industry.
Listen to Attorney Jim C. Klepper discuss trucking legal issues every Tuesday morning at 7:00 am Central Time on Sirius Radio Channel 147. Join Host Mark Willis as drivers call in with legal questions. You can be part of that live question and answer program by calling 888-782-5966.

Jim C. Klepper is president of Interstate Trucker Ltd., a law firm entirely dedicated to legal defense of the nation's commercial drivers.