FMCSA proposes mandatory behind-the-wheel training
Posted on January 9, 2008
Filed Under GENERAL, IN THE NEWS
FMCSA has issued a proposed rulemaking, which will require new drivers applying for a CDL to have behind-the-wheel training prior to the issuance of the CDL.
Presently, there is no such requirement.
If a driver can go down to the Motor Vehicles office, and pass the written and road test, they get the CDL. No longer, under the new proposal. FMCSA proposed a new driver will be required to have 120 hours of training (76 classroom, and 44 behind the wheel) for Class A, or 90 hours of training (58 classroom, 32 behind the wheel) for Class B and C.
In 2004, FMCSA issued new rules requiring some training for new CDL drivers. They were sued by the safety advocacy groups, who did not think those rules were stringent enough. FMCSA settled that lawsuit, agreeing to issue rules requiring a behind the wheel training component.
FMCSA is accepting comments on its proposed rules through March 25, 2008. If you want to read the rulemaking itself, or make a comment, it is FMCSA-2007-27748 at www.regulations.gov. FMCSA must read all comments, and depending on the volume and nature of the comments, may alter the rule. Presently, FMCSA plans to make the rule effective 3 years after issuing the final rule, which would probably be in 2011 or 2012.
My thoughts on this? This is almost certainly going to happen, probably 2012 or 2013. Not every proposed rule becomes a final rule, in fact many are proposed, and just disappear. Not this one, though. Congress is pushing this, FMCSA promised the courts it would do it, so it’ll happen in some form.
Will it improve highway safety? Maybe. I’m somewhat cynical. I have a feeling drivers who can’t drive are still going to find a way to get a CDL, training requirement or no training requirement.
One thing I do see happening soon is enforcement of the current training regulations, found in 49 CFR Part 380. It states drivers receiving a CDL after July, 2003 must be trained on driver qualification files, hours of service, wellness, and whistle blower protection. Most people don’t know there is a Part 380, as FMCSA does not enforce its new rule. However, it’s only a matter of time before John Hill, FMCSA Administrator is called to task by Congress, wanting to know why they don’t enforce their rule. When that happens, expect FMCSA to start a new wave of fines for Part 380 violations.
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Eric Arnold is a Former Enforcement Agent with the Federal Motor Carrier Safety Administration, and a leading expert on USDOT compliance for small businesses. Do you have a question for Eric Arnold? Email him at eric@arnoldsafety.com.
Arnold Safety simplifies D.O.T. Compliance for commercial vehicle operators. Get Eric Arnold’s USDOT Compliance Guide, DVD, & Regulations at ArnoldSafety.Com.
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