Jul 29, 2024

CDL Test Flexibility and Its Impact on the Trucking Industry

The commercial driver's license (CDL) test serves as a critical gatekeeper in the trucking industry, ensuring that operators possess the necessary skills and knowledge to navigate the complexities of transporting goods across vast distances.

However, the traditional approach to CDL testing has come under scrutiny as the industry faces a growing demand for qualified drivers. In response, regulatory bodies have begun to explore greater flexibility in testing procedures, including alternative assessment methods and streamlined processes aimed at attracting a more diverse pool of candidates.

This evolution in CDL testing is not merely a bureaucratic adjustment; it has far-reaching implications for the trucking sector, which grapples with an ongoing driver shortage and heightened competition for talent.

By examining the nuances of CDL test flexibility—such as tailored training programs, remote testing options, and the integration of technology—this article aims to shed light on how these changes may reshape the workforce landscape of the trucking industry.

As logistics operations become increasingly reliant on a skilled and adaptable driving workforce, understanding the impact of these testing reforms is essential for industry stakeholders seeking to navigate the future of transportation effectively.

ATA-backed proposal gets support from training groups, opposition from safety advocates, independent truckers

Regulators are facing significant pushback from truck owner-operators and safety advocates regarding a proposal designed to facilitate the testing and employment of new drivers.

The Federal Motor Carrier Safety Administration (FMCSA) has introduced a proposed rule titled "Increased Flexibility for Testing and for Drivers after Passing the Skills Test."

This regulation aims to relax existing Commercial Driver's License (CDL) testing requirements by:

  1. Permitting holders of commercial learner's permits (CLPs) who have successfully completed the CDL skills assessment to operate a truck without the presence of a licensed CDL holder in the passenger seat.
  2. Allowing CDL candidates to take their skills test in a different state from the one in which they reside.
  3. Removing the stipulation that mandates a minimum waiting period of 14 days after receiving a CLP before an applicant can attempt the CDL skills test.

These proposed modifications, which FMCSA made available for public comment in February, were influenced by temporary waivers and exemptions granted during and post-pandemic, as well as a petition submitted by the American Trucking Associations (ATA) in 2020. The deadline for public comments was April 2.

In advocating for these changes, the ATA argues that a more streamlined CDL testing process could help attract additional drivers to the industry.

The Proposed Regulation

Brenna Lyles, the safety policy director for the American Trucking Associations (ATA), emphasized in her remarks regarding the proposed regulation that, "Should the industry and the wider supply chain fail to tackle the ongoing driver shortage, we could see a deficit of 160,000 drivers by the year 2030."

She further noted that the industry will require over one million new drivers to meet increasing demands and offset current driver departures. The ATA advocates for the urgent need to reduce regulatory hurdles in the Commercial Driver’s License (CDL) testing and issuance processes, thereby facilitating a faster entry for new individuals into the driving workforce to address this pressing issue.

Werner Enterprises has proposed that allowing holders of Commercial Learner's Permits (CLPs) to operate a vehicle while a licensed CDL driver rests in the sleeper berth—rather than requiring the CDL driver to supervise from the passenger seat—would enhance team-driving capabilities. This change is expected to improve productivity and efficiency in freight operations while also aiding in the recruitment of qualified drivers to join the workforce promptly and safely.

The Commercial Vehicle Training Association (CVTA), which represents CDL training institutions and supports these proposed changes, argues that modifications aimed at reducing wait times for license processing and expanding the locations where applicants can take their skills tests would not only lower costs but also increase tax revenue.

"According to CVTA Chairman Danny Bradford, delays linked to wait times and testing site availability have left 258,744 drivers unable to work, leading to a staggering loss of over $1 billion in wages for these individuals, as reported in 2016 data.

Furthermore, these delays have also resulted in significant revenue losses for federal and state governments, with an estimated $234 million in potential income tax and $108 million in potential state and local sales tax revenues that could have been collected if skills testing had proceeded without interruption."

Is Safety Being Compromised?

Concerns have been raised by owner-operators and safety advocates regarding the potential risks associated with the FMCSA's initiative to simplify CDL testing regulations, which they argue undermines critical safety standards.

Todd Spencer, President and CEO of the Owner-Operator Independent Drivers Association, criticized the proposal that would allow CDL holders to rest in the sleeper berth while a learner’s permit holder is driving. He stated, “FMCSA has not provided adequate justification on how the CLP holder will receive proper mentorship during this time.” Spencer emphasized that with the current minimal standards for entry-level driver training (ELDT), novice drivers will encounter numerous real-world situations and challenges for which they have not been adequately prepared in their initial months and years on the road. He noted that removing the requirement for a CDL holder to occupy the passenger seat overlooks the benefits of having seasoned drivers share their expertise with less experienced individuals.

Furthermore, Spencer highlighted that the ELDT rule, implemented in 2022, does not mandate a minimum number of behind-the-wheel training hours. He argued that the agency should not diminish training opportunities by eliminating the 14-day waiting period for CLP holders before they can take the CDL skills test unless other appropriate measures are introduced.

Delays Experienced

Peter Kurdock, General Counsel for Advocates for Highway and Auto Safety, added that the proposed rule lacks any data or analysis to substantiate the claim that CDL applicants are experiencing significant delays in scheduling their skills tests. Kurdock contended that permitting states to conduct skills tests for out-of-state applicants, regardless of where they underwent driver training, could lead to “skills test shopping.”

“Applicants may opt for states perceived as having less stringent testing standards,” Kurdock remarked in his comments to FMCSA. He also referenced a comprehensive investigation by The Boston Globe, which revealed serious deficiencies in FMCSA’s oversight of unsafe carriers and drivers, suggesting that the agency may struggle to effectively monitor a less rigorous testing framework that lacks sufficient protocols to prevent unqualified individuals from operating commercial motor vehicles.

In Conclusion

The flexibility of the CDL testing process represents a significant evolution in the trucking industry, addressing the pressing need for skilled drivers in a rapidly changing labor market. By adapting testing procedures to accommodate various learning styles and schedules, the industry is not only making strides in recruitment but also enhancing the overall quality of training. This adaptability is crucial in ensuring that new drivers are well-prepared to meet the demands of the road and the complexities of modern logistics.

As the industry continues to navigate challenges such as driver shortages and regulatory changes, the emphasis on flexible testing will play a vital role in fostering a competent and sustainable workforce for the future.



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