trucking legislation

CDL Knowledge Test Proctor Restrictions Relaxed by FMCSA

February 4, 2022 by Levinson and Stefani Leave a Comment

As the truck driver shortage continues on, industry regulators have released new regulation flexibility that will lessen restrictions surrounding commercial driver license knowledge test examiners.

These new guidelines, filed recently by the Federal Motor Carrier Safety Administration, will aim to help companies deploy new truck drivers more quickly by allowing third-party test proctors to conduct the CDL test’s knowledge portion. This allowance will apply to all endorsements and classes and will no longer require the presence of a state examiner.

These new restriction relaxations come in contrast to 2019’s re-issued guidelines, in which FMCSA mandated that only a CDL test’s skills portion was included in the third-party testing provision.

“FMCSA has reconsidered this guidance and concludes that nothing in the agency’s current authorities [prohibit] states from permitting third-party testers to administer CDL knowledge tests” for any endorsement or class within license testing, the agency explained in its announcement.

Now, third-party proctors can indeed conduct the skills and/or knowledge portion of a CDL test, should a state agency allow.

State driver licensing agencies “may accept the results of knowledge tests administered by third party testers in accordance with existing knowledge test standards and requirements,” the agency continued.

This provisional update comes the same day that Congress also introduced restriction-relaxing legislation–the Licensing Individual Commercial Exam-takers Now Safely and Efficiently (License) Act will make an FMCSA waiver permanent that will allow third-party CDL skills test examiners to also administer CDL knowledge tests, as long as they were previously authorized by the state to do so. They also will forego any requirement of having completed a CDL knowledge test training course. This waiver, made permanent through both the House and the Senate, was issued several times over the last two years as the industry scrambled to find new, qualified truck drivers throughout the pandemic-induced driver shortage exacerbation.

Additionally, another waiver was made permanent through the License Act, which will allow a state to proctor a driving skills test for any commercial driver license applicant from any state, no matter where the new driver completed his or her CDL driver training courses. Through this waiver, any commercial learner’s permit holder will also be allowed to operate a commercial motor vehicle alongside a supervising CDL holder present in the sleeper berth, as long as the permit holder has already passed the CDL driving skills test. Previously, the supervising veteran trucker had to be present in the main cab.

“From the onset of the pandemic, these waivers have reduced administrative burdens for Americans working towards obtaining their CDLs and pursuing careers in trucking,” said American Trucking Associations’ VP of safety policy, Dan Horvath.

For safety advocates, of course, this update is concerning. Relaxed methods of licensing new truck drivers who will immediately operate commercial motor vehicles on America’s roadways will lead to drivers sharing the road with even more young truckers without adequate experience or safety behavior, and thus, more accidents will likely occur.

Still, co-director of Scopelitis Transportation Consulting, P. Sean Garney, agreed with Horvath, noting that training schools have been urging FMCSA to relax third-party testing regulations for many years in order for driver credentialing processes to become much easier and quicker.

“I think this will be particularly helpful in light of the entry-level driver training rules that are set to be implemented,” he said. “In states that decide to allow this, drivers may be able to complete the entire CDL process at the truck driving school. They’ll be able to take the required theory training and then sit for the knowledge test quickly after. This will get them to range and road training more quickly and get [them] trucking sooner. The rules require CDL knowledge tests be developed using a standard bank of questions, so I see little risk in allowing a third party to proctor the exam.”

The Most Recent Method of Finding New Truckers: Recruiting Out of High School

January 22, 2022 by Levinson and Stefani Leave a Comment

Carriers have been scrambling more than ever before to acquire new truck drivers as the industry continues experiencing what seems like a never-ending trucker shortage. From pay boosts, added benefits, and sign-on bonuses to potential initiatives allowing drivers under the age of 21 to begin operating commercial motor vehicles in interstate commerce, the methods of expanding the pool of available truck drivers are changing constantly. The latest attempt: recruiting young drivers out of high school.

“What we’re trying to do, as a nonprofit trade association, is raise awareness of the trucking industry,” said Lindsey Trent, president of The Next Generation in Trucking Association. “We’re doing that in several ways. Recently, I gave a presentation to the American School Counselor Association, so all of the school counselors across the United States got to hear a general presentation about the trucking industry and the different jobs that are in trucking.”

Next Generation’s aim is to change stereotypes around the tucking profession that many professionals–and parents–believe. According to Trent, the main mindset the association would like to change is that the only path to success is a college-to-workforce path that often comes with high amounts of student loans, and therefore, debt.

“We’re not about pushing students into this industry [quickly],” said Dave Dien, Next Generation board member and teacher at Patterson High School in Patterson, California. “We want to make sure that those who choose this industry are well-fitted and they have the proper skills and foundation to do well.”

For the last five years, students at Patterson High have been able to enroll in the Next Generation program during their senior year and acquire a commercial driver license. As of now, 20 of the school’s students are enrolled in the program, which requires 180 hours of classroom instruction, 110 hours of training behind the wheel, and an additional 30 hours of training in a truck-driving simulator.

Now, the program is working to allow junior-year students to enroll in the program as soon as next year, which would offer them an additional 200 hours of instruction in a classroom setting before progressing to commercial driver license training, specifically.

According to Trent, Next Generation has adapted its curriculum to be flexible enough for a majority of school districts, with schools across the country showing interest in incorporating it into their career guidance programs.

“There’s a buzz about it now,” said Dein. “The best word that advertises is word-of-mouth. Students who have graduated [from] the program–they’re finding success in the industry. There [have been] a lot more students that want to take the class because they hear about it.”

With the available flexibility the program offers, “it seems that it has changed the mindset of what they thought trucking was about,” Dein said in regards to students enrolled in the program.

Because the DRIVE-Safe Act has been signed into law by President Biden, Trent and Dein predict that even more students will begin to find interest in their program and in the trucking industry as a whole. Part of the DRIVE-Safe Act’s initiative is the pilot program allowing drivers between the ages of 18 and 21 to drive interstate in commercial motor vehicles.

“Once you have 18-year-olds driving interstate, we feel that the next step is really going after that career and technical education funding to build programs at the state level,” said Don Lefeve, board member of Next Generation and former CEO of the Commercial Vehicle Training Association. “That’s working not only to get them interested while in high school, but really to partner with community colleges and private truck schools that may be in their area to help deliver the skills training for them.”

Attempts to increase interest among young drivers is common, but many safety advocates worry that such young, inexperienced drivers lack the maturity or patience needed to work as a safe truck driver. Addressing the driver shortage is important, of course–but the safety of American roadways should always remain top priority, noted Levinson and Stefani’s Ken Levinson.

“You can’t give the key to an 80,000-pound, dangerous truck to an inexperienced driver,” he said. “There is no substitute for good experience–you don’t just pick up driving right away. A car–let alone a commercial vehicle–is way too dangerous to operate without sufficient experience. There’s a certain maturity that it takes to drive a vehicle with this amount of weight and complexity. They’re not easy vehicles to operate, and companies need to be very cautious about bending safety rules despite the pressures to hire new drivers.”

More Concerns Arise Regarding Young Trucker Pilot Program

January 21, 2022 by Levinson and Stefani Leave a Comment

In the midst of the ongoing truck driver shortage, many carriers and industry members have been backing the proposed pilot program that would allow drivers under the age of 21 to operate commercial vehicles in interstate commerce. Now, safety advocates within the Owner-Operator Independent Drivers Association are begging the question, will these young truck drivers even be able to find insurance?

Until now, drivers between the ages of 18 and 21 were only permitted to drive within intrastate commerce by most states.

“We expect it will be difficult for many motor carriers to afford insurance coverage for younger drivers,” said Todd Spencer, President and CEO of OOIDA in a letter offered as commentary for the program proposal. Spencer’s opinions on the pilot program have mostly appeared to be in opposition, although OOIDA hasn’t stated its exact stance on the matter.

Spencer explained that a majority of carriers would have trouble insuring riskier young truckers.

“Small-business motor carriers are especially unlikely to take the risk of insuring under-21 drivers without evaluating the costs and benefits to their operations,” Spencer continued. “In all likelihood, only self-insured carriers will be willing to provide coverage for under-21 interstate drivers.”

The Apprenticeship Pilot Program, proposed by FMCSA, would allow for these young driver apprentices (who already have commercial driver licenses) to undergo two probationary training periods before becoming permitted to operate within interstate commerce: one training period alongside an experienced trucker while completing 120 hours of on-duty time, with 80 of those hours in a truck; the other with no other driver necessary while completing 280 on-duty hours, with 160 of those hours in a truck.

OOIDA’S most pressing concern is that FMCSA will not collect sufficient data throughout the program and won’t be able to make an efficient decision in regards to the safety concerns at hand surrounding young drivers operating CMVs in an interstate capacity.

“FMCSA must incorporate more specific data collection methods that will better determine whether under-21 drivers can safely operate in interstate commerce,” continued Spencer in his letter.

Additionally, OOIDA “would like to see more details about how the safety data collected will be compared with other drivers, including how the control group will be selected,” wrote Spencer, claiming that FMCSA has yet to declare proper definition for the composition of the control group itself.

The study should also analyze problems around long detention times and involve safety and crash data around intrastate drivers, OOIDA says, as the main argument in support of the program is that young drivers are already able to operate within intrastate routes. Additionally, data collection on program participant performance should be continuous, Spencer said. “We strongly believe the APP must monitor and analyze apprentice performance after they have completed the required probationary periods,” he continued in his letter.

There should also be a concrete timeline regarding the length of the APP, according to OOIDA. “How will the agency decide whether APP should be extended, expanded, or discontinued in the final data analysis?” asked Spencer. “If crashes and fatalities occur during the program, will those be made public?”

Many public comments echoed OOIDA’s concerns, with some commenters expressing worries that young drivers will be easily overwhelmed with the demands of the industry today, or that they will just not have the maturity needed for overall safety in their day-to-day routes.

“As a 42-year veteran trucker [and] owner with a five-million-mile, no-accident safety record, I feel that younger drivers do not have the patience and ability to control [their] emotions,” said industry member Marc Edleston in a public comment. “Driving is more than operating a large vehicle. You encounter bad weather conditions, bad road conditions, and most of all–other bad drivers. One must always be extremely patient.”

OOIDA believes that overall, the program is likely a chance for FMCSA to push forward more of its agenda, with Spencer stating that the APP “is another opportunity to examine the cause of excessively high driver turnover rates.”

Industry AV Plans Should be Top Priority, According to ATA

January 14, 2022 by Levinson and Stefani Leave a Comment

American Trucking Associations is once again urging the U.S. Department of Transportation to adopt new, nationwide policies in regards to autonomous technology deployment for the transportation industry.

This call comes as USDOT begins efforts to renew its near-term strategic plan to further facilitate AV tech deployment within the trucking sector. The department has been seeking industry expert and stakeholder comments on the matter.

“Stakeholder engagement must be central to the department’s strategic plan,” ATA said. “Especially as DOT implements the programs and requirements of the [$1 trillion] Infrastructure Investment and Jobs Act, we note that partnerships and collaboration with [the] industry will be crucial to [advancing] productivity-boosting and lifesaving AV technologies.”

Other federal initiatives, like the National Highway Traffic Safety Administration’s industry feedback-reliant voluntary safety self-assessment, will provide a variety of benefits to these efforts, ATA explained.

“Automated trucks present the next transformative opportunity to promote safety, improve the efficiency of freight movement and the U.S. logistics system, and maintain U.S. competitiveness in innovative automotive and mobility technologies,” said ATA in its recent letter to USDOT.

The implementation of these modern technologies should be regular and steady in order for the industry to stay on top of the latest methods of increasing productivity and safety, as well as to continuously meet constantly-changing federal standards, ATA continued.

“The trucking industry relies on interstate highways to facilitate the free flow of goods between states,“ the group explained. “Accordingly, it is important that state and local laws do not create disparities that slow the adoption of these safety and productivity-boosting technologies.”

To remain a competitive industry, regulators must stay ahead of the curve with these changes, as well.

“A clear process and standards-setting role for the federal government that precludes state efforts to regulate vehicle design is a key component of this pathway to commercialization,” said ATA.

Additionally, the department should begin working with agencies across the country to find methods of creating efficiency through performance-centric standards, according to ATA.

“Industry best practices can provide a vital technical basis to assist DOT in [the] evolution of a regulator framework,” ATA explained. “Requiring [AV] to meet a certain level of safety, rather than use any specific technology, can focus regulations on managing risk within specific operating environments.”

DOT should also invest in programs to solve congestion-related issues, ATA said, pointing to rulemakings such as NHTSA’s ‘Framework for Automated Driving Systems Safety,’ and the Federal Motor Carrier Safety Administration’s ‘Safe Integration of ADS-Equipped CMVs.’ Congestion-solving investments would allow the industry to focus on major freight corridors in order to boost the flow efficiency of the nation’s goods, as the modernization and maintenance of critical connectivity points along the supply chain is currently of the utmost importance.

“We advise against federal policies that are likely to prevent or hamstring state and local agencies’ efforts to expand highway capacity,” said ATA. “This includes conditioning the expenditure of federal funds for new capacity on a showing that alternatives, such as operational strategies or investment in alternative transportation modes, are definitely ruled out.”

Currently, ATA is also calling for further interaction between DOT and the transportation industry itself in regards to next steps in implementing further low-carbon-emission tech in a manner providing proper fueling infrastructure, sufficient testing, and consideration for the needs of truckers.

ATA is also requesting that President Biden find methods of offering state and city guidance for the deployment of electric vehicles as well as overarching standards for charging stations across the country. A stakeholder group aiming to move forward electric vehicle policies should also be set forth by the administration, ATA claims.

USDOT notes that it will continue to work on objectives to “strengthen our world-class organization” through projects improving safety, equity, sustainability, and economic growth, and that it is always working toward advancing “the department’s mission by establishing policies, processes, and an inclusive and innovative culture to effectively serve communities and responsibly steward the public’s resources.”

Stakeholder and public input is requested by the USDOT regarding these plans to “invest in our transportation system to provide American workers and businesses reliable and efficient access to good-paying jobs, resources, and markets.”

Future of Trucking Looks Bright Following 2021’s Wins, Industry Leaders Say

December 31, 2021 by Levinson and Stefani Leave a Comment

“We’re now seeing the government wake up and understand the implications not just on an industry that hauls 72% of the domestic freight tonnage in this county, but on the larger-scale economy and supply chain itself,” said president of American Trucking Associations, Chris Spear in a look back on the accomplishments of the trucking industry throughout 2021.

Truckers have stepped up to the front lines during this coronavirus era to keep the nation’s economy steady while also helping consumers receive the goods they need in such an unprecedented time of high demand. Workforce development and infrastructure boosts also saw major positive changes, according to ATA leaders,

“In five years in this role, we have never witnessed a better year for advocacy than 2021,” noted Spear. “You take two tier-one victories–infrastructure and the DRIVE Safe Act–and you begin to understand the impact that five years of work has finally delivered for our members and industry.”

Spear noted that along with a group of other industry leaders, he has testified over two dozen times before Congress regarding new infrastructure legislation, which came into effect this year through President Joe Biden’s $1 trillion Infrastructure Investment and Jobs Act. This new law will offer highway and road improvement funding as well as bridge rebuilding funding over the next five years through the $100 billion dedicated specifically to efforts meant to update bridges and roads throughout the nation. The bipartisan bill will also bring about overall improved transportation options and congestion reduction for all drivers.

“It’s a very exciting announcement by the administration, and a recognition that this problem exists and that we’re actually going to take tangible steps to address this,” Spear explained, noting that this bill shows that both trucking and passenger vehicles will be able to lower carbon emissions, and that the industry is working toward improved business development and job opportunities.

“If you’re pro-job growth, this is a tremendous step forward,” Spear said. “If you’re pro-highway safety, if you’re pro-environment, this bill delivers on every single interest there is.”

Particularly, the legislation’s DRIVE Safe Act will bring significant industry-wide job growth, as it will offer opportunities for commercial driving candidates under the age of 21 to enroll in a training and apprenticeship program, allowing them to become able to operate CMVs within interstate commerce.

This initiative comes as the industry continues to face the largest truck driver shortage to date, which has been further exacerbated by the e-commerce demands brought about by the pandemic.

“You can make good wages–especially for all those that live in, say, the South or the Midwest–with excellent benefits,” saide Bob Costello, Chief Economist of ATA. “These folks are getting 401(k) [plans], paid time off, [and] health insurance. We’ve got good benefits. We have good blue-collar jobs”

Regarding further upcoming changes, independent contractors are also likely to become more commonly reclassified as employees through California’s Assembly Bill 5–which ATA claims would diminish driver freedom, disallowing drivers to create their own schedules and operate business as they’d like through the current owner-operator business layout as it stands.

“This is our tier-one effort to stand up our legal capabilities to not just fight in the halls of Congress or a regulatory agency, but in every state and every courthouse in the country,” said Spear. “And I think that is exactly what our members expect of this association–to leverage every opportunity to represent their needs and interests.”

An additional collaborative effort between the transportation industry and the White House will work to boost trucking recruiting efforts through initiatives that will focus on bringing in former military members and on guiding candidates through apprenticeship programs. Further recruitment incentives include driver pay and benefit boosts, which will likely continue far into 2022 as demand is expected to stay high, and the need for qualified drivers remains severe.

“Households continue to spend money,” said Costello. “They’re spending it more on goods than they traditionally have, versus services. We have a growing economy.”

What Issue Best Encapsulates Industry Problems of 2021? The Trucker Shortage, Experts Say

December 22, 2021 by Levinson and Stefani Leave a Comment

“This year definitely feels different than driver shortages in the past,” said CPC Logistics vice president of operations and safety, Daniel Most. “It seems that no matter what you’re throwing at different markets, you’re just not getting responses.”

Most’s comments come as the trucking industry has come to an agreement that the overarching challenge of 2021, which will likely continue in 2022, is that of the professional driver shortage prevailing across North America.

As older drivers leave the industry–some retiring early due to the pandemic and some due to other factors–and as consumer demands grow exponentially, the current shortage of at least 80,000 drivers–according to American Trucking Associations–will only get much worse over the next few years if major industry-wide improvements are not made.

“I think that you can’t really talk about driver turnover, looking at the last two years, and not talk about COVID,” said Professional Driver Agency‘s director of operations, Scott Dismuke.

Of course, he’s right–the long-lasting shortage has been worsened by the pandemic era, as the shortage prior to 2020 had reached about 61,500. With longer work hours requiring drivers to be away from home for days at a time, on top of mask and vaccine mandates, driver turnover has reached new heights and companies throughout the industry are scrambling to incentivize qualified drivers to join their fleets–turning to pay boosts, new benefits, and sign-on bonuses.

Still, the pool of adequate commercial drivers is limited, and trucking companies are competing heavily to bring those truckers on board quickly in order to meet demands.

“I think what was interesting is…the shift from 2020 to 2021,” Dismuke continued. “I think in 2020, COVID actually kept drivers from jumping [ship] a whole lot. With the economy shutting down, everything froze.”

Because of the confusion regarding where the industry would go at the time, many drivers stayed put, hoping things would restart as usual. Because of this, trucking companies were not looking for many new drivers until the boom of e-commerce brought higher-than-ever freight demand.

“Once the economy really started opening back up at the end of 2020–and really through the first three quarters of the year–I think COVID had a different effect on turnover, because you saw companies really raising pay…you saw a lot of active recruiting,” explained Dismuke.

These efforts came directly after a period where fleets weren’t expecting to have to incentivize drivers, because so many people were worried about losing their jobs.

“I think we saw the other side of the COVID effect with drivers starting to jump [ship],” added Dismuke.

Now, drivers may be looking for more than boosted pay–although many carriers have raised income levels more than once throughout the pandemic.

“Many carriers raised driver pay in 2021,” said Conversion Interactive Agency vice president of marketing and training, Priscilla Peters. “However, in most cases, that didn’t move the needle as expected for driver recruiting. Quality of life for the driver and home time have become the piece of the driver recruiting puzzle where carriers are making adjustments that have impact.”

The bipartisan DRIVE-Safe Act is working as a boosted effort to bring incentives, training, and job opportunities for younger truckers, and to allow drivers under the age of 21 to be trained thoroughly and become able to operate commercial vehicles in interstate hauls.

“I think the two options [for a solution] are creating a program where individuals can move into this field at a younger age, where we’re not forced to try and peel them away as a second career option after they’ve already been doing something [else], or [targeting] more of those other similar-type positions,” said Most. Additionally, recruitment should focus more upon bringing in more military, female, and minority drivers into the industry, he added.

“Everything that you see is talking about what drivers are looking for,” he said. “It’s the home time built in with good pay…built in with the schedules that they’re looking for. A lot of the jobs that we hire for require unloading freight–that makes it even more challenging, and so it just seems like you have to really adjust the type of work that you’re hiring for in order to get the candidates to start to pile in.”