As the new presidential administration puts its stamp on the regulatory landscape, agencies are either forging ahead or putting the brakes on current initiatives. With a regulatory freeze in place, organizations are either going it alone or making new partnerships.
One such regulation that is now in flux is the entry-level National Driver Training Rule campaign. The fact is, the government has been working on such a rule for a long time, in some cases as far back as the 1980s.
The rule – after going through a number of different iterations – was supposed to go into effect on February 6th, 2017. Then the regulation freeze happened.
The rule was then pushed out to March, then June, and still we have crossed the new threshold and still, no final answer on the rule. As we will state again later in this post, we prefer not to take specific stands on political issues, but there is certainly no problem in talking about them – especially when they impact the industry we all know and love.
So, what can we expect on a changed political horizon? No matter what it is, trucking has been a resilient industry for decades, and will continue to be for decades more. Still, let’s take a look.
Changes Impacting the Trucking Industry
As such, that doesn’t change the compliance date due February 7th of 2020. But what’s in the rule? What impact will we see on the trucking industry in response to the rule?
There are two major changes that will take place as a result of the new rule enforcement, should it happen.
They are:
- Potential truck drivers must be trained by an FMCSA-approved trainer
- Potential truck drivers must pass a written exam and demonstrate their ability whether on a driving range or public road
The initial reason why the FMCSA wanted to make sure they had a greater hand in how potential drivers are being trained is due to the fact that many complained of ‘CDL mills’ with just a bare minimum amount of training churning out truck drivers that didn’t quite know what they were doing.
This new rule would set the core classroom curriculum and establish a registry of truck driver trainers that for someone looking for a CDL can use this registry in order to get their training. There were also specifics built in surrounding behind-the-wheel training.
There had been much back-and-forth regarding the final rule in 2016, so surely, we will see much public debate again as these new rules go up for review. At the time that they opposed a similar rule, the OOIDA stated that it was “not in the public interest” and didn’t advance safety “beyond current practice.”
Still, as with many other trucking organizations, such as the American Trucking Association, the OOIDA supports some sort of entry-level truck driver training rule, if for nothing else than to have some consistency across the board. That doesn’t mean they have to always agree with every rule on the table, however.
What were they disagreeing over, anyway?
Out With the Old Rules
The old rules, which will be replaced with new rules after a review period, were finalized by the Department of Transportation and required that they become requirements by February 7, 2020. With a three-year grace period built into the rule, fleets, technicians, trainers, and just about everyone else up the motor carrier chain were supposed to have time to adjust to them and this new series of FMCSA-approved trainers.
There was also a set of basic curricula that was to be distributed and used in order to ensure a truck driver could get their Class A CDL license. They included such items as:
- Basic vehicle operation
- Vehicle control systems
- Pre-trip inspections
- Post-trip inspections
- Distracted driving
- Signal usage
- Vehicle communication
- Emergency preparedness
- Handling roadside inspections
- Truck maintenance
- Cargo inspection and securement
Quite frankly, we could go on. The agency was very thorough with what they believed should be covered in the classroom for anyone attempting to gain entry to the cab of a large, commercial motor vehicle and drive one around for a living.
The agency even went on to outline procedures that would be logged in a Training Provider Registry. Motor carriers could continue offering in-house training, of course, and not be required to use an FMCSA-approved trainer, but they would have to ensure the same level of training and follow the rules provided by all the states.
The fact was this: At the time, the FMCSA estimated that the new rules would cost the trucking industry over $3.6 billion dollars, no small amount of money to be sure. This would be spread out across a decade, however, from 2019 to 2929.
The FMCSA estimated that these costs would also be outweighed by potential trucking industry benefits, from higher levels of operational efficiency to safety gains, lower maintenance costs and much, much more.
So, what about these new reviews? And how do they stack up when viewed through an industry player lens, whether it be the gal or guy behind the wheel or the fleet manager working behind the office glass, this will impact everyone. As politics gears up and into full swing, what can we expect for this new round?
More New Rules Up for Review
Continuing the push to streamline the CDL licensing process and trim costs, the FMCSA has proposed two new rules that, according to their deputy administrator, Daphne Jefferson, “will help ease the entry for thousands of qualified individuals into career opportunities as professional truck and bus drivers – a critical occupation facing an acute labor shortage in our country.”
In her statement, she went on to mention relieving unnecessary burdens to both applicants and states. Streamlining the system would yield benefits from time, cost, safety and truck driver quality. As per normal process, the FMCSA is seeking public comment on the proposed change.
Here are the specific details of the proposed changes:
The Military Licensing and State CDL Reciprocity proposed rule would give power to the State Licensing Agency to decide whether or not a knowledge test should be waived for qualified veterans or other military personnel, such as those in the National Guard.
The wording of the rule looks to simplify the process and reduce overall costs for states and those who qualify. Still, states have been allowed – since 2012 – to waive the CDL skill test requirement for military personnel.
In all, the agency reports that they have transitioned nearly 19,000 people from military service into civilian trucking and bus jobs using the waiver.
The Commercial Learner’s Permit Validity rule would replace the current law, which had a six-month renewal expiration. Now states would be allowed to issue a CDL learner’s permit with a specific expiration date set to one year out. The agency says this should allow for less paperwork and for states to eliminate re-testing and additional fees.
If you want to add your voice to the public comment surrounding these rules, the proposals will be open within the Federal Register here, for 60 days.
Of course, in no major change from stated policy, the agency has come out and said that first-and-foremost they always have safety in mind. They have also pointed out that the military licensing proposal specifically would be another way to assist those who have served and have the training and experience required to operate a large heavy-duty motor vehicle.
Industry Association from a Historical Context
Historically, four different groups had partnered up in petitioning the FMCSA to halt the implementation of the entry-level driver rule specifically. They requested that the agency restore the requirement that truck driver trainees must spend a minimum of 30 hours behind the wheel in a training environment prior to getting their CDL.
In an unusual set of bed mates, the Owner-Operator Independent Drivers Association (OOIDA) had teamed up with the Advocates for Highway and Auto Safety, the Truck Safety Coalition and the Citizens for Reliable and Safe Highways group. Together, these entities put a petition to record exactly two weeks after the rule was initially released.
The fact is, we are living in a regulatory flux period right now. While we take no sides on what the government should or should not be doing – we keep an impartial tone here at the QuickTSI Blog and are proud of it – what we can say with surety is that nothing is sure.
Whatever your fleet is planning for, always ensure you are operating nimble, efficient, and ready to make quick adjustments at a moment’s notice, for you never know what industry change may be around the corner.
Consider that you don’t have just governments to worry about. Technological disruption abounds in the trucking industry, though as it looks right now, technology will be more of an enhancer than a problem, especially from a jobs perspective.
Final word? No matter what happens with the new National Driver Training Rule, if your fleet is ready for anything, it won’t matter who controls the levers of government, you’ll be well equipped no matter what happens.