FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION DOCKET # FMCSA

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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION DOCKET # FMCSA Commercial Driver s License Requirement of the Moving Ahead for Progress in the 21 st Century Act and the Military Commercial Driver s License Act of 2012 SUBMITTED BY: American Trucking Associations, Inc. 950 North Glebe Road Suite 210 Arlington, VA May 16, 2016 Primary Contact: P. Sean Garney Director, Safety Policy American Trucking Associations I. INTRODUCTION American Trucking Associations, Inc., (ATA) submits these comments to the Federal Motor Carrier Safety Administration (FMCSA) in response to their March 16, 2016 notice of proposed rulemaking (NPRM) Commercial Driver s License Requirements of the Moving Ahead for Progress in the 21 st Century Act and the Military Commercial Driver s License Act of ATA is the national trade association representing the American trucking industry. 2 As a representative of motor carriers who hire drivers, ATA is vitally interested in matters affecting the education and availability of safe CMV drivers. 1 Commercial Driver s License Requirements of the Moving Ahead for Progress in the 21st Century Act and the Military Commercial Driver s License Act of 2012, 81 Fed. Reg. 51, (March 16, 2012), hereinafter the notice. 2 ATA is a united federation of motor carriers, state trucking associations, and national trucking conferences created to promote and protect the interests of the trucking industry. Directly and through its affiliated organizations, ATA encompasses over 34,000 motor carriers and suppliers of every type and class of operation in the United States, Canada, and Mexico.

2 Page 2 II. SUMMARY OF ATA S POSITION ATA supports efforts to transition military personnel into productive and profitable careers as professional truck drivers. As such, ATA believes that this proposal is an encouraging step toward dismantling some of the barriers that inhibit this natural partnership. In support of the NPRM, ATA is pleased to file these comments, the main points of which are summarized below: ATA believes that extending the time frame within which separated military personnel can utilize the skills test waiver will expand the professional truck driver pool without compromising safety; ATA is confident that allowing active duty military to apply and be tested for their Commercial Driver s License (CDL) outside of their state of domicile will not compromise safety; ATA supports FMCSA s solution to its statutory obligation to allow active duty military members to obtain a CDL outside of their state of domicile; To facilitate the training of active duty military, FMCSA should allow the state in which the applicant is stationed to provide adequate documentation allowing the driver to begin behind the wheel training immediately after passing the CLP knowledge exam; FMCSA should extend applicability of this rulemaking to civilian students attending truck driver training schools outside of their states of domicile by publishing a Supplemental Notice of Proposed Rulemaking when it publishes the subject Final Rule. III. ATA SUPPORTS EFFORTS TO EASE THE TRANSITION OF MILITARY SERVICEMEN AND WOMEN INTO A CIVILIAN CAREER AS PROFESSIONAL TRUCK DRIVERS. Over the next decade, if current trends continue, the trucking industry will need to hire approximately 890,000 new drivers, or an average of 89,000 per year to keep pace with retiring drivers and industry growth. 3 One good source of new drivers is recently separated military personnel. Experience has shown that drivers transitioning from the military to civilian careers as truck drivers often display many desirable qualities including an excellent work ethic, a mission focus, and a respect for the chain of command. Those that have chosen truck driving as their military occupation are also experienced in operating large vehicles in challenging circumstances. Given the potential for addressing the driver shortage through a symbiotic relationship between recently separated military personnel and the trucking industry, ATA is 3 Costello, B. & Suarez, E., Truck Driver Shortage Analysis 2015, American Trucking Associations, Arlington, VA. Available at %206%2015%20ATAs%20Driver%20Shortage%20Report% pdf

3 Page 3 fully supportive of the proposal to permanently extend the military skills test waiver program from 90 days to one year and allowing active duty servicemen and women to apply for a CDL and be tested outside of their states of domicile. IV. ATA BELIEVES THAT EXTENDING THE TIME FRAME WITHIN WHICH SEPARATED MILITARY PERSONNEL CAN UTILIZE THE SKILLS TEST WAIVER WILL EXPAND THE PROFESSIONAL TRUCK DRIVER POOL WITHOUT COMPROMISING SAFETY ATA agrees with FMCSA that extending the skills test waiver period as proposed will provide the military and the trucking industry with significant benefits without compromising safety. There are two primary reasons for this: 1. The skills test waiver currently in place is available only to military personnel with training and two years of safe driving experience operating military vehicles similar to the commercial motor vehicles (CMV) they are seeking licenses for; and 2. Several states are already accepting skills test waiver applications for a period of one year following separation from the military under a FMCSA exemption program available to all states. 4 V. ATA IS CONFIDENT THAT ALLOWING CDL APPLICANTS TO BE TESTED OUTSIDE OF THEIR STATES OF DOMICILE WILL NOT COMPROMISE SAFETY Allowing CDL applicants to apply and be tested for CDL in States other than their States of domicile will not compromise safety because FMCSA s May 2011 final rule on Commercial Driver s License Testing and Commercial Learner s Permit Standards 5 successfully harmonized knowledge and skills testing standards across all States. Essentially, all State Driver s Licensing Agencies (SDLAs) give CLP knowledge tests using the same pool of questions. Skills testing elements have also been standardized. ATA agrees with FMCSA s sentiment: Because CLP and CDL test requirements are uniform nationally, the State where an applicant is stationed and the State of domicile administer the same knowledge and skills test. A State of domicile, therefore, can accept knowledge and skills test results from another State and issue the CLP and then the CDL without concern that different States may have different licensing standards. 6 In short, uniform testing procedures have leveled the playing field across states, ensuring all CMV drivers meet the same rigorous safety and licensing standards. 4 Commercial Driver s License: Commonwealth of Virginia, Department of Motor Vehicles; Application for Exemption, 79 Fed. Reg. 130, (July 8, 2014) 5 Commercial Driver s License Testing and Commercial Learner s Permit Standards, 76 Fed. Reg. 89, (May 9, 2011) 6 The notice at 14055, emphasis added

4 Page 4 VI. ATA SUPPORTS FMCSA S SOLUTION TO ITS STATUTORY OBLIGATION TO ALLOW ACTIVE DUTY MILITARY MEMBERS TO OBTAIN A CDL OUTSIDE OF THEIR STATES OF DOMICILE. ATA applauds FMCSA for its innovative solution to the Congressional mandate contained in the Military Commercial Driver s License Act of The solution as proposed adeptly preserves the integrity of the CDL program while granting servicemen and women flexibility from the domicile requirement. 8 This is necessary, as FMCSA succinctly stated, because it would enable service members to complete their licensing requirements without incurring the time and expense of returning home. 9 Absent the proposed rule, active duty military personnel seeking a CDL would have to travel from the State they are stationed in to the State of domicile following classroom training in order to take and pass the CLP knowledge test, a prerequisite to the CDL. After passing the CLP test, the applicant must then travel back to the State he is stationed in to complete any behind-the-wheel training before taking the CDL skills test. This unnecessary travel can be cost and time prohibitive and can dissuade candidates from considering a career in truck driving. Allowing States to accept applications and test nondomiciled military personnel, and requiring the state of domicile to accept those test results, will effectively avoid costly travel while preserving the integrity of the CDL program. It may also incentivize more people to consider a career in trucking. VII. TO FACILITATE THE TRAINING OF ACTIVE DUTY MILITARY, FMCSA SHOULD ALLOW THE STATE IN WHICH THE APPLICANT IS STATIONED TO PROVIDE ADEQUATE DOCUMENTATION ALLOWING THE DRIVER TO BEGIN BEHIND THE WHEEL TRAINING IMMEDIATELY AFTER PASSING THE CLP KNOWLEDGE EXAM; One potential downside to FMCSA s proposed solution is lag time that may develop between when the applicant passes the CLP knowledge test and when the appropriate credential (e.g. the physical CLP card) is received. 49 C.F.R stipulates that a driver must possess the credential to be authorized to operate a CMV. If the state of domicile is expected to print and mail the CLP to the trainee, he or she may have to wait several days before beginning behind the wheel training. FMCSA should consider allowing the State of residence flexibility in providing the applicant appropriate documentation that, in conjunction with the driver s base-state, non-cdl license, could provide acceptable proof the driver is properly licensed. Some States may want to enter into agreements that allow them to print compliant CLPs issued by the State of domicile. ATA encourages FMCSA to allow this as well. 7 Pub.L U.S.C (12)(A) stipulates that the State may issue a commercial driver s license only to an individual who operates or will operate a commercial motor vehicle and is domiciled in the State. (emphasis added) 9 The notice at 14053

5 Page 5 The same lag time could result following a driver s passage of the CDL skills test. FMCSA should then make the same allowances for the printing of CDLs. VIII. FMCSA SHOULD ISSUE A SUPPLEMENTAL NPRM TO EXTEND APPLICABILITY OF THIS RULEMAKING TO STUDENTS ATTENDING TRUCK DRIVER TRAINING SCHOOL OUTSIDE OF THEIR STATE OF DOMICILE. In addition to active duty military personnel, there are others to whom this proposed rule should apply. Namely, prospective CDL applicants who choose to attend a truck driving training school that uses a centralized training model. Under this model, students are incentivized, through discounted tuition and potential employment, to travel to another State to obtain their CDL training. These programs provide top notch training and produce safe and knowledgeable drivers. These schools have found personalized, face-to-face training to be highly effective and have built their curricula around this concept. Centralized training schools have made substantial investments in their programs and facilities to be sure their future drivers are the safest they can possibility be. They enjoy high levels of success as measured by a favorable CLP knowledge and CDL skills test pass rate and have graduated many exemplary drivers. Like the servicemen and women who are the subject of the notice, candidates to these schools, recruited from all over the nation, must also incur the time and expense of returning home, in order to take the knowledge exam and obtain their CLP. For these reasons, ATA requests that FMCSA issue a supplemental notice of proposed rulemaking (SNPRM) extending the applicability of this rule to all driver applicants attending out-of-state truck driver training schools. The SNPRM should not hinder or delay FMCSA s completion of the final rule which is the subject of the notice, but should be published for public notice and comment at the same time. Expanding the rulemaking to out-of-state driver trainees will not result in any additional burden to states or the trucking industry because the technological changes, referred to in the notice as minor software modifications, will have already been required. Indeed, some states may see a reduction of costs from time saved testing drivers who are being trained out-of-state. Like this proposed rule, the subsequent SNPRM should not be considered a significant regulatory action as defined in Executive Order or within the meaning of Department of Transportation regulatory policies and procedures. 11 The suggested SNPRM is unlikely to be controversial or produce any significant burden. IX. CONCLUSION ATA appreciates the opportunity to comment on this proposed rule. The looming driver shortage is of grave concern to the industry and recently separated military personnel are a natural constituency to fill the void. ATA believes that the proposal will facilitate the transition of military veterans to a civilian life as a professional truck driver without compromising safety 10 Regulatory Planning and Review, 58 Fed. Reg. 190 (October 4, 1993). 11 The notice at 12647

6 Page 6 or the integrity of the CDL program. As a result, ATA is fully supportive of the proposal with the minor modification proposed above. Importantly, ATA believes that this rulemaking should be expanded to include applicants attending truck driver training schools outside of their state of domicile. To this end, ATA formally asks FMCSA to publish an SNPRM in conjunction with the final rule which will expand the scope of the rule to include these driver trainees.