The Federal EntryLevel Driver Training Rulemaking:

1
The Federal Entry-Level Driver Training
Rulemaking

• A 22 Year Journey

Laws are like sausages, it is better not to see
them being made. -Otto von Bismarck
2
Ancient History1985

• FHWA Develops A Model Curriculum for Training
  Entry-Level Tractor Trailer Drivers
• More Than 2,000 Pages
• Intended to Become A Federal Rulemaking
• FHWA Lacked Funds to Statistically Validate the
  Model Curriculum
• Adopted Voluntary Approach

3
Ancient History1991

• Congress Passes the Intermodal Transportation
  Efficiency Act
• Requires DOT to Issue an Entry-Level Driver
  Training Rule if Current Practices are inadequate
• Contains A Provision Requiring DOT to Complete A
  Study of the Adequacy of Entry Level Driver
  Training
• Requires Adequacy Report to be Completed Within
  18 Months

4
Ancient History1995

• DOT Completes Adequacy Report Concluding
• The heavy truck private sector has the smallest
  percentage of carriers offering adequate training
  (about 9 percent). This means that, of those
  heavy truck carriers that hire entry-level
  drivers, only about one in ten would be expected
  to provide adequate training.
• Given these statistics, none of the private
  sectors can be considered as effective in
  ensuring adequate training of their entry-level
  drivers.

5
Ancient History1996

• The Federal Motor Carrier Safety Administration
  Opens Advanced Rulemaking on the Possibility of a
  Graduated Commercial Drivers License
• Would Restrict Drivers Operations During a
  Lengthy Skill Development Phase
• Rulemaking is Exploratory in Nature

6
Ancient History1997

• Based on the Conclusions Reached in the Adequacy
  Study DOT Sends a Proposed Entry-Level Driver
  Training Rule to the Office of Management and
  Budget for Review
• Normal Review Process Takes 60 Days

7
The Final RuleMay 21, 2004

• FMCSA Issues a Final Rule Mandating Training in
  Four Specific Areas
• Fatigue Countermeasures
• Driver Qualification and Disqualification
• Whistleblower Protections
• Driver Wellness

8
The Court of Appeals Decision

• The Final Rule Was Challenged in the U.S. Court
  of Appeals. The Court Concluded
• the best way to enhance safety among truck
  drivers is to ensure practical but supervised
  experience handling heavy vehicles. FMCSAs
  final rule flouts this premise. Quite clearly,
  the four topics it embraces do not touch on the
  operational skills of driving a heavy truck.

9
Current Status

• In Light of the Decision and Mandate from the
  D.C. Circuit Court of Appeals, FMCSA Must Issue a
  New Rule That
• Includes an Expanded List of Curriculum Topics
• Relates More Directly to Operational Skills
• Includes an On Street Driving Component

10
Preparing for the RulemakingJune 1-2, 2006

• A Joint CVTA/NAPFTDS Task Force on Entry-Level
  Training Met
• 4 School Representatives From Each Assn.
• 3 Motor Carrier Members From Each Assn.

11
Preparing for the Rulemaking

• The Two Associations Adopted a Joint Policy Paper
  Stating
• Structured formal training to a uniform standard
  should be required of all entry level commercial
  drivers
• Such training should include specific training in
  the following subject areas which are derived
  from the Model Curriculum for Training
  Tractor-Trailer Drivers
• Such training must include an on-street
  training component that is of sufficient length
  for the trainee to demonstrate control of a
  commercial motor vehicle in varied operating
  conditions
• Because specific hours of training are not part
  of this policy recommendation, the groups believe
  that the training should be provided on a
  performance based approach.

12
Preparing for the Rulemaking

• Several of the Motor Carriers That Participated
  in the CVTA/NAPFTDS Meetings Also Participated in
  the ATA Task Force on This Issue
• On February 13, 2007, ATA adopted a Position on
  the Rulemaking That Mirrors the Joint
  CVTA/NAPFTDS Position

13
Preparing for the Rulemaking

• On March 11, 2007, the Board of Directors of the
  Truckload Carriers Association Adopted the ATA
  Position on Entry-Level Driver Training

14
Preparing for the RulemakingMay 2-3, 2007

• The CVTA Education and Motor Carrier Relations
  Committee Held a Joint Meeting to Develop
  Performance Measures to Support the
  Recommendation of a Performance-Based (rather
  than hours-based) Approach to the Rulemaking
• The Final Product of That Meeting Was Circulated
  to ATA, TCA and NAPFTDS and is Currently Under
  Review
• The Commercial Driver Training Foundation is
  Undertaking a Project to Statistically Validate
  the Conclusions

15
Preparing for the RulemakingMay 15-16, 2007

• In 2006, Congress Created A Commercial Drivers
  License Advisory Committee to Make
  Recommendations on How to Improve the CDL
• On May 15, 2007, Representatives of CVTA, the
  International Brotherhood of Teamsters and 2
  Publicly Funded Schools Were Invited to Testify
  Before the Committee
• The Committee had Previously Identified Training
  as Its Highest Priority

16
Preparing for the RulemakingJune 8, 2007

• CVTA, Along With Representatives of ATA, TCA and
  NAPFTDS Met With Rose McNally, Chief Safety
  Officer, FMCSA and FMCSA Counsel and Staff to
  Discuss Our Joint Position on the Entry-Level
  Training Rulemaking

17
Preparing for the RulemakingAugust 16, 2007

• FMCSA Forwarded to the Office of Management and
  Budget a Proposed Rule for Review
• The Normal Review Time at OMB is 60 Days
• Following OMB Approval, FMCSA Will Issue a
  Proposed Rule for Comment
• CVTA Will File Formal Comments in the Proceeding