The commercial trucking industry plays a crucial role in the country's economy, transporting goods and products across the nation. To ensure the safety and efficiency of this industry, the Federal Motor Carrier Safety Administration (FMCSA) has implemented regulations for obtaining a commercial driver's license (CDL).

However, concerns have been raised regarding fraudulent practices in the driving record, driver licensing agency, vehicle inspection or the CDL testing process, casting doubt on the credibility of the issued licenses. In response to these concerns, the FMCSA announced a new rule in June 2020 that aims to strengthen the CDL testing standards and prevent fraud.

This regulation has sparked debates and discussions within the industry, with some applauding the efforts while others questioning the feasibility and effectiveness of the measures.

In this article, we will examine the FMCSA's response to the ongoing concerns of fraud in the CDL testing process, analyzing the new regulations and their potential impact on the trucking industry.

We will also discuss the opinions of various stakeholders and experts in the field, providing a comprehensive overview of the situation.

The Issue of Potential Fraudulent Activities

In an effort to tackle the issue of potential fraudulent activities, trucking regulators have put forth a regulatory flexibility or a comprehensive set of proposed revisions for CDL testing. However, concerns have been raised by safety advocates who argue that these revisions may compromise road safety.

The notice of proposed rulemaking (NPRM), which is anticipated to be released by the Federal Motor Carrier Safety Administration on Friday, encompasses various revisions that have been influenced by temporary waivers granted by the FMCSA during the pandemic. Additionally, the NPRM draws upon a petition submitted by the American Trucking Associations in July 2020.

The proposed rulemaking aims to enhance the existing regulations pertaining to commercial driver’s license (CDL) testing, encompassing the following provisions:

• Granting the privilege to commercial learner’s permit (CLP) holders who have successfully completed the CDL skills test to independently operate a truck, thereby eliminating the need for a co-driver possessing a CDL.
• Expanding the geographical flexibility for CDL applicants by permitting them to undertake the skills test in a state other than their state of residence.
• Abolishing the obligatory waiting period of at least 14 business days subsequent to the issuance of a CLP, thus enabling applicants to expeditiously undertake the CDL skills test examiner.

A New Regulation

The Federal Motor Carrier Safety Administration (FMCSA) is proposing a new regulation that would necessitate third-party knowledge medical monitoring on examiners to undergo the same training and certification procedures currently applicable to state knowledge skills examiners. Furthermore, these third-party knowledge testers would also be subjected to the auditing requirements presently imposed on third-party skills testers.

These provisions regarding third-party knowledge examiners and skills testers incorporate measures to safeguard against fraudulent activities, which the FMCSA previously indicated to lawmakers as necessary before implementing the new rulemaking.

According to the rulemaking, the Notice of Proposed Rulemaking (NPRM) would introduce an additional requirement that mandates the administration of third-party knowledge testing to be conducted electronically and securely. This is intended to minimize the potential for negligent or fraudulent practices that may exist when knowledge tests are administered in paper format.

A Modification in Federal Regulations

According to the proposal, there would be a modification in federal and state regulations to mandate that third-party skills and knowledge assessors establish and uphold a bond, the value of which would be determined by the state, to cover the expenses of re-testing drivers in the event of fraudulent activities pertaining to the administration of skills tests for applicants seeking a Commercial Driver License (CDL).

The Federal Motor Carrier Safety Administration (FMCSA) highlighted that third-party knowledge assessors, who would be responsible for conducting knowledge tests, would need to undergo a comprehensive 20-hour training course every three years. It was further emphasized that the occupation of a knowledge test assessor does not require a specific skill set, and individuals from various professional backgrounds could potentially serve as proctors for medical examiner certificate and knowledge test examinations.

Carriers stand to gain?

The current legislation permits individuals with a Commercial Learner's Permit (CLP) to operate a truck solely during their practical training, under the direct supervision of a holder of a Commercial Driver's License (CDL) who must be present in the front seat of the vehicle.

However, a potential modification being considered would grant CLP holders who have successfully completed the CDL skills examination the ability to operate a commercial motor vehicle without any restrictions. In this scenario, a CDL holder would only need to be present somewhere within the truck, without the need for direct supervision of the trainee.

The Federal Motor Carrier Safety Administration (FMCSA) has proposed this revision, highlighting the potential cost savings for both motor carriers and drivers subject. Once the CLP holder has passed the skills test, the CDL holder could utilize the sleeper berth, consequently maximizing their sufficient time or their off-duty time in accordance with the hours-of-service regulations.

This adjustment would enable the CLP holder, with evidence of a satisfactory CDL skills test, to operate the vehicle in a capacity that earns them wages.

To support this proposed change, FMCSA has referred to regulatory exemptions granted to trucking companies or bus companies C.R. England and CRST The Department of Transportation Solution Inc. These exemptions were issued and reissued after careful consideration, with the determination that safety measures were not compromised.

Safety advocates fire back

However, truck safety organizations have vehemently opposed the exemptions granted by the FMCSA to existing regulations, which the government agencies is now seeking to permanently establish through its rulemaking process.

In regard to CRST's recent exemption, the Truck Safety Coalition, an advocacy group for accident victims, highlighted that the trucking company provided an insufficient amount of data - only three months - without any comparative data over the seven-year period it operated under the exemption. The group further emphasized that there was no concrete evidence to support the claim that safety was not compromised, while numerous data points suggested otherwise.

When requested to comment on the Notice of Proposed Rulemaking (NPRM), the Truck Safety Coalition informed FreightWaves of their concerns.

The Executive Director of the Truck Safety Coalition, Zach Cahalan, criticized FMCSA's decision to grant the American Trucking Association's (ATA) request for "CDL flexibility," considering it a blemish on the agency's responsibility for ensuring motor carrier safety. Cahalan also pointed out that the cost-benefit analysis conducted by FMCSA failed to estimate any potential negative impacts on safety.

The Truck Safety Coalition, along with crash victims they represent, firmly believes that FMCSA has an obligation to estimate the safety risks and costs associated with any proposed rulemaking. If the agency disregards this essential requirement, meaningful progress toward achieving zero fatalities will unfortunately be hindered.

In Conclusion

The FMCSA has taken important steps to address the issue of fraud in CDL testing, particularly through the implementation of the Entry-Level Driver Training (ELDT) rule. While there may still be room for improvement, this regulation is a crucial step towards ensuring the safety of our roads and the competency of commercial drivers.

It is important for both the FMCSA and training providers to continue to monitor and address any potential fraud concerns in order to maintain the integrity of the CDL testing process. The safety of all individuals on the road should always be the top priority, and the efforts of the FMCSA in this regard are commendable.

If you want to stay updated with a wide range of trends, actionable insights, and innovative solutions in the trucking, freight, and logistics industry, stay connected to us.

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