Proposed Pilot Program To Allow Persons Between the Ages of 18 and 21 With Military Driving Experience To Operate Commercial Motor Vehicles in Interstate Commerce |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
6 July 2018
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Pages 31633-31638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14025]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0069]
Proposed Pilot Program To Allow Persons Between the Ages of 18
and 21 With Military Driving Experience To Operate Commercial Motor
Vehicles in Interstate Commerce
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice.
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SUMMARY: On August 22, 2016, FMCSA proposed a pilot program to meet the
requirements of section 5404 of the Fixing America's Surface
Transportation (FAST) Act. FMCSA proposed a pilot program to allow a
limited number of individuals ages 18, 19, and 20 to operate commercial
motor vehicles (CMVs) in interstate commerce, if they have received
specified heavy-vehicle driver training while in military service and
were hired by a participating motor carrier. This notice provides the
details of the pilot program and responds to comments received in
response to the August 22, 2016 notice.
FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Commercial
Driver's License Division, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590-0001, by email at
Selden.Fritschner@dot.gov, or by telephone at (202) 366-0677. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Definitions
For the purposes of this pilot program, FMCSA is using the
following definitions:
Approved motor carrier--A motor carrier approved by the Agency to
use covered drivers to operate CMVs in interstate commerce that agrees
to provide data on covered drivers, control drivers and/or intrastate
drivers.
Control Driver--A 21 to 24-year-old driver employed by a motor
carrier with a valid commercial driver's license (CDL) who operates
CMVs in interstate commerce.
Covered Driver--An 18-, 19-, or 20-year-old driver with military
training, in one of the seven Military Occupational Specialties (MOS),
as defined below, employed by an approved motor carrier, who may
operate in interstate commerce based on the provisions of this pilot
program.
[[Page 31634]]
Intrastate Driver--An 18-, 19-, or 20-year-old driver employed by a
motor carrier who may operate a CMV only in intrastate commerce.
Military Occupational Specialties (MOS)--For the purposes of this
Federal Register notice, this term is used as a generic term for all
military job classifications that include: 88M--Motor Transport
Operator (Army), 92F--Fueler (Army), 2T1--Vehicle Operations (Air
Force), 2Fo--Fueler (Air Force), 3E2--Pavement and Construction
Equipment (Air Force), E.O.--Equipment Operator (Navy), and 3531--Motor
Vehicle Operator (Marine Corps).
Legal Basis
As noted in the August 22, 2016, Federal Register notice, Section
4007 of the Transportation Equity Act for the 21st Century (TEA-21)
(Pub. L. 105- 178, 112 Stat. 107) amended 49 U.S.C. 31315 and 31136(e)
to give the Secretary of Transportation authority to conduct pilot
programs. Section 4007 of TEA-21 also authorizes pilot programs in
which one or more exemptions are granted to allow for the testing of
innovative alternatives to certain Federal Motor Carrier Safety
Regulations (FMCSRs). Section 4007 was implemented through an interim
final rule (IFR) on December 8, 1998 (63 FR 67600) and codified at 49
CFR part 381. The IFR was finalized on August 20, 2004 (69 FR 51589).
The final rule established procedures to propose and manage pilot
programs. FMCSA must publish in the Federal Register a detailed
description of each pilot program, including the exemptions being
considered, and provide notice and an opportunity for public comment
before the effective date of the program. That requirement was
fulfilled by the August 22, 2016, notice.
The Agency is required to ensure that the safety measures in the
pilot programs are designed to achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
achieved through compliance with the safety regulations. The maximum
duration of pilot programs is 3 years from the starting date. At the
conclusion of each pilot program, FMCSA must report to Congress its
findings, conclusions, and recommendations, including suggested
amendments to laws and regulations that would enhance motor carrier,
CMV, and driver safety, and improve compliance with the FMCSRs.
Section 5404 of the FAST Act (Pub. L. 114-94, 129 Stat. 1312, 1549,
Dec. 4, 2015) requires the Secretary of Transportation to conduct a
commercial driver pilot program to ``. . . study the feasibility,
benefits, and safety impacts of allowing a covered driver to operate a
commercial motor vehicle in interstate commerce.'' A ``covered driver''
is defined as a member or former member of the armed forces or reserve
and national guard components between the ages of 18 and 21, who is
qualified in a MOS to operate a CMV or similar vehicle. A covered
driver participating in the pilot program may not transport passengers
or hazardous cargo that require endorsements, or operate a vehicle in a
special configuration. Section 5404 requires this pilot program to
collect and analyze data regarding crashes involving covered drivers
participating in the program, and drivers under the age of 21 operating
CMVs in intrastate commerce.
Discussion of Comments and Responses on the Notice of Proposed Pilot
Program
On August 22, 2016, FMCSA published a notice in the Federal
Register proposing this pilot program and requesting public comment (81
FR 56745). Sixty-seven comments were submitted to the docket; 40
favored the pilot program and 9 opposed it. The remaining 18 comments
were a form letter asking the Agency to either expand the current pilot
program or initiate a new one for drivers aged 20 and under who are
engaged in agricultural operations. This request is outside of the
scope of this pilot program as was defined by the FAST Act.
In addition to private citizens, the following types of entities
commented on the notice: Agricultural industry, motor carriers, CMV
drivers, insurance industry, professional associations, owner
operators, safety advocacy groups, State Driver License Agencies
(SDLAs), and other trade associations.
Only a handful of the 40 commenters who favored the pilot program
endorsed it without reservation. Commenters generally supported the
pilot program, provided FMCSA accepted their recommendations on program
implementation. A number of commenters, all of which are motor
carriers, supported the pilot program and expressed their interest in
participating and employing 18 to 20-year-old drivers. Those generally
in favor of the pilot program included the Colorado Department of
Revenue, American Association of Motor Vehicle Administrators (AAMVA),
National Propane Gas Association (NPGA), National Limousine
Association, American Trucking Associations (ATA), Truckload Carriers
Association (TCA), Serenity Trucking LLC, and Agricultural Retailers
Association.
Organizations and individual commenters including the Commercial
Vehicle Training Association (CVTA), the Insurance Institute for
Highway Safety (IIHS), and the Owner-Operator Independent Drivers
Association (OOIDA) did not expressly support or oppose the pilot
program but asked for clarifications and offered recommendations to
ensure safety.
Commenters generally opposing the pilot program made several
arguments. The most frequent assertions were that drivers 18 to 20
years old are more likely to crash. This was based on the previous
efforts to lower the CMV driving age. There was also skepticism that
drivers with military experience will yield useful data to determine if
all 18-20-year-old drivers can safely operate CMVs. Those opposed to
the pilot program included individuals plus representatives of the
National Safety Council, Truck Safety Coalition (TSC), Advocates for
Highway and Auto Safety (AHAS), Parents Against Tired Truckers, and
Citizens for Reliable and Safe Highways. The safety groups provided
data on 18 to 20-year-old drivers to document the safety history of
this age group. Although AHAS opposed the pilot program in general, it
did offer recommendations on the design of the program. Some private
citizens expressed their complete disapproval of the pilot program,
arguing that it would be a ``huge mistake'' and ``very dangerous'' to
allow covered drivers to operate in interstate commerce and that by
doing so it would ``create a higher danger for those on the road.''
George Kern provided statistics from the Center for Disease Control
highlighting a variety of situations where teens are more likely to
crash. Russ Swift opposes the pilot program saying the data
demonstrates that younger drivers are more likely to crash than drivers
who are older than 21 years of age. Deborah Hersman of the National
Safety Council refers to National Highway Traffic Safety Administration
2014 data that indicated 4,272 people were killed in crashes involving
young drivers in 2014. Additionally, Ms. Hersman referred to a study
conducted by the University of Michigan Transportation Research
Institute that found from 1980[hyphen]1984 fatal crash,
mileage[hyphen]based involvement rates for drivers of large trucks
increase with decreasing driver age.
FMCSA's Response: Safety is FMCSA's number one priority. Before a
motor carrier or driver is approved to participate in the pilot
program, FMCSA will ensure that strict qualification safety standards
are met. If at any time
[[Page 31635]]
during the pilot program, a motor carrier or driver is not complying
with the standards, FMCSA may remove the motor carrier and/or driver
from the pilot program. The qualification and disqualification
standards for the motor carrier and the driver are outlined below.
Pilot Program Design
AAMVA, CVTA, IIHS, and the National Limousine Association offered
recommendations to improve safety and asked for clarification on the
direction of the pilot program. AAMVA asked how the participants in the
pilot program will be differentiated from other commercial learner's
permit or CDL holders.
Some commenters, including Werner Enterprises, recommended
requiring electronic logging devices and other electronic monitoring
equipment. Deborah Lipsitz, Matthew Kelpe, the National Safety Council,
AAMVA, NPGA, IIHS, TSC, OOIDA, AHAS, ATA, and Werner Enterprises
provided recommendations for the collection and analysis of data.
The Colorado Department of Revenue, IIHS, OOIDA, ATA, and TCA
recommended increasing the number of covered drivers.
Werner Enterprises expressed concern over the Agency's lack of
appropriate crash accountability factors. Werner Enterprises has
concerns about how the Agency is defining ``good safety record'' and
the use of the Safety Measurement System (SMS) and referenced the
Government Accountability Office report on SMS.
AHAS noted that previous efforts to lower the age have been
consistently rejected and provided information on earlier efforts by
the Federal Highway Administration. Therefore, AHAS noted that the
pilot program must be designed to collect all available safety data to
accurately assess performance. AHAS requested that FMCSA require
onboard monitoring systems for a more accurate picture of driver
performance--hard braking, jerking of the wheel and alertness.
Deborah Lipsitz and Joe Book recommended not enrolling drivers in
the pilot who have been dishonorably discharged from the military.
The Colorado Department of Revenue recommended lowering the age of
the control group to 21 to 24-year-old drivers, to make the ages as
close as possible to the study group.
FMCSA Response: Approved motor carriers will be exempted from 49
CFR 391.11(b)(1), which prohibits a person from operating a CMV in
interstate commerce under the age of 21. The motor carriers will be
provided with a letter from FMCSA approving their use of the approved
covered drivers. A list of covered drivers that is updated in real-time
will be available electronically to law enforcement for confirmation
during inspections or investigations.
FMCSA does not agree with increasing the number of covered drivers.
FMCSA believes the current sample size is large enough to ensure
statistically valid results. More information on the sample size and
design may be found in the Federal Notice published elsewhere in this
issue of the Federal Register proposing the associated Information
Collection Request (ICR). The ICR notice also explains the Agency's
research and analysis plans. FMCSA requests that comments on the plan
be submitted to the docket for that notice.
FMCSA will continue to use the SMS as a measure of a motor
carrier's performance against its peers. The Agency's regulations
require FMCSA to ensure that the pilot program design does not
jeopardize safety.
FMCSA is not requiring on board monitoring systems for this study
because it would be cost-prohibitive for carriers to participate and
may minimize participation by smaller carriers. For those carriers that
have on-board monitoring systems, the Agency will be requesting
information from the technology for the approved motor carriers, but
the decision of whether or not to provide it will be the carrier's.
FMCSA concurs with the two commenters who opposed allowing
applicants with a dishonorable discharge to participate in the pilot
program. The Agency made this decision because Congress' intent was to
initiate a pilot program using a subset of drivers (those with military
experience and training) that had been exposed to and demonstrated safe
practices and discipline. The Agency believes this was to ensure
maximum safety for this effort and we believe a driver who received a
dishonorable discharge has not demonstrated the discipline Congress
anticipated for study participants.
The age parameters for the covered drivers were established by the
FAST Act. Based on comments received and a review of literature
regarding young drivers, FMCSA is revising the ages of control group to
21-24, as suggested by the Colorado Department of Revenue, to capture
data on a group of younger drivers as the point of comparison. In
addition, the FAST Act requires FMCSA to also study intrastate drivers
aged 18, 19 and 20, as part of this pilot program.
Training for Covered Drivers
CVTA, ATA, and TCA recommended that the Agency require certain
levels of training consistent with the Entry Level Driver Training
(ELDT) standards. CVTA and Werner Enterprises pointed out that there
are differences between military and civilian training; specifically,
the military does not teach drivers about log books and the FMCSRs.
OOIDA recommended that FMCSA require applicants and participants in the
pilot program to have experience operating a heavy motor vehicle while
in military service and verification of the types of vehicles the
covered drivers were trained on and drove for the military. Both AHAS
and TSC commented that FMCSA should ensure that behind the wheel
training is provided, including skills needed to deal with critical
safety events requiring hard braking or jerking the wheel, and to avoid
distracted driving. Two private citizens recommended that drivers to be
required to provide proof of training and experience in the military.
FMCSA's Response: A covered driver is an individual who is 18, 19
or 20 years old; a current or former member of the armed forces,
reserve, or national guard components; and is qualified in one of the
following seven MOS: 88M--Motor Transport Operator (Army), 92F--Fueler
(Army), 2T1--Vehicle Operations (Air Force), 2Fo--Fueler (Air Force),
3E2--Pavement and Construction Equipment (Air Force), E.O.--Equipment
Operator (Navy), and 3531--Motor Vehicle Operator (Marine Corps).
Military personnel qualified in these job classifications receive
extensive training and experience that goes beyond the ELDT
requirements. FMCSA has carefully reviewed both the knowledge and
skills training and, along with AAMVA, the testing of graduates of
these seven MOS. Each of the seven MOS provides more than 160 hours of
training on all vehicles in the military vehicle fleet. Subsequently,
each qualified serviceman is licensed on the individual vehicle, and
retested each time he or she changes commands. In addition, members of
the military receive recurring training.
FMCSA recognizes there may be an experience gap, as noted by CVTA
and TCA. Both mention that military personnel are not taught about the
requirements of the FMCSRs, specifically records of duty status and
hours of service. The motor carriers that participate in the pilot
program will be responsible for training the covered drivers on the
FMCSRs to ensure that the pilot program drivers are in compliance. In
addition, 49 CFR
[[Page 31636]]
390.3(e) requires motor carriers to have knowledge of, and comply with,
all applicable FMCSRs. Also, drivers must demonstrate knowledge of the
FMCSRs, in order to successfully pass the CDL knowledge and skills
tests.
Publication of the Study Results
The IIHS urged FMCSA to conduct the strongest possible study due to
crash risk. Three commenters requested that FMCSA share the data
generated by the pilot program.
FMCSA's Response: FMCSA will fully analyze the results of the pilot
study and will determine the feasibility, benefits, and safety impacts
of allowing a covered driver to operate a CMV in interstate commerce.
The results of this pilot program will be conveyed to Congress and be
publicly available.
General Comments to the Notice
Several commenters provided additional recommendations.
William Young and other commenters recommended the program be
managed similar to State Graduated Driver License programs which
include specified times and driving conditions for the covered drivers.
FMCSA's Response: Limiting how much the covered drivers may operate
would negatively impact the pilot program in several ways. First, if
covered drivers operate differently than control group drivers, the
data will not be comparable and will negatively impact the Agency's
ability to reach conclusions at the end of the pilot program. Second,
limiting how approved motor carriers may use the covered drivers may
reduce interest in the pilot program and jeopardize the Agency's
ability to execute a statistically valid pilot program.
In addition, each of the covered drivers will be hired and
monitored by motor carriers approved by FMCSA in accordance with the
program guidelines. The motor carriers will monitor each of the covered
drivers just as they would all their drivers. FMCSA has established an
internal process to monitor both the carrier and pilot program drivers
to ensure highway safety is maintained.
Comments: Deborah Lipsitz, Matthew Kelpe, AAMVA, the Colorado
Department of Revenue, IIHS, NPGA, the ATA, and TCA expressed concerns
about various aspects of the study protocol, including the group size,
technology/collection, geographical distribution of the covered and
control groups, critical safety factors, and specific requirements for
data collection parameters.
FMCSA's Response: Details of the proposed analysis methodologies
and statistical methods may be found in the 60-day notice of proposed
information collection published elsewhere in today's Federal Register.
The parameters described have been peer reviewed and those comments are
likewise posted in the 60-day notice. Age, maturity levels, and
experience are crucial factors in a driver's safety performance. Trying
to compare the performance of an 18-, 19-, or 20-year-old to a 21-, 22-
, 23- or 24-year-old will provide a much more accurate comparison than
trying to compare an 18-, 19-, or 20-year-old to someone 30 or older.
Our control group is similar to an insurance age bracket, which tends
to show an increase in safety after 25 years of age. While the data
analysis is largely dependent upon the type, amount, and quality of the
data received, the research team will conduct as thorough of an
analysis as possible.
Comments: The Colorado Department of Revenue and OOIDA expressed
concerns about verification of covered drivers by law enforcement
during inspections. OOIDA recommended that some sort of decal or cab
card be provided to drivers in the study.
FMCSA's Response: FMCSA will maintain a list of approved motor
carriers and covered drivers in the Query Central system. In addition,
the covered drivers will be required to carry a copy of a letter from
FMCSA to the approved motor carrier and present the letter during
inspections or other encounters with law enforcement.
Pilot Program Requirements and Procedures
Information Collection Requirements
As indicated above, the 60-day notice for the ICR associated with
this pilot program is published separately in today's Federal Register.
The ICR includes the application and consent forms for motor carriers,
covered drivers, control group drivers, and intrastate drivers
providing information for the pilot program. The ICR also explains the
Agency's hypotheses for the pilot program, monthly reporting
requirements, and ICR burdens.
The ICR has a 60-day comment period. After review of comments
received, FMCSA will make any necessary adjustments on the ICR
documents and will publish a subsequent notice advising that the ICR
has been submitted to the Office of Management and Budget (OMB).
Announcement of Pilot Program Start
Upon approval of the ICR by OMB, FMCSA will publish, on the
Agency's website at www.fmcsa.dot.gov, an announcement that
applications are being accepted for participation in the pilot program.
The website will also provide links to the application forms and other
helpful information for motor carriers and military drivers interested
in participating in the pilot program.
Motor Carriers
FMCSA expects to need 70 motor carriers to hire at least 200
covered drivers and with 200 control group drivers and/or 200
intrastate drivers, so that the pilot program anticipates the results/
data will allow for conclusions within a confidence level of 0.95
(i.e., significance level of 0.05) and statistical power of 80 percent.
More information on the statistical design of the study can be found in
Federal Docket FMCSA-2017-0196.
When FMCSA announces approval of the ICR, interested motor carriers
will be required to complete the application form. To qualify for
participation, the motor carrier must meet the following standards:
1. Must have proper operating authority, if required, and
registration;
2. Must have the minimum levels of financial responsibility;
3. Must not be a high or moderate risk motor carrier as defined in
the Agency's Federal Register notice titled, ``Notification of Changes
to the Definition of a High Risk Motor Carrier and Associated
Investigation'' published on March 7, 2016 (81 FR 11875);
4. Must not have a conditional or unsatisfactory safety rating;
5. Must not have any open or closed enforcement actions within the
past 6 years;
6. Must not have a crash rate above the national average;
7. Must not have a driver Out-of-Service (OOS) rate above the
national average; and
8. Must not have a vehicle OOS rate above the national average.
In addition, unpaid civil penalties may be grounds to deny
participation in the pilot program.
FMCSA will give priority to applications from motor carriers that
can supply control group drivers in numbers matching the number of
covered drivers to be employed. However, FMCSA may include motor
carriers for participation that can only hire covered drivers, control
group drivers, or intrastate drivers, if needed to collect sufficient
data for the pilot program.
[[Page 31637]]
Approval for participation in the pilot program will also be
dependent on the motor carrier's agreement to comply with all pilot
program procedures, including the monthly submission of data.
Approved motor carriers will be provided a letter acknowledging
FMCSA's approval, the carrier's acceptance into the pilot program, and
the company's exemption to allow approved covered drivers to operate in
interstate commerce. Approved motor carriers will be publicly announced
on the Agency's website to encourage potential covered drivers to apply
through the identified carriers for participation.
FMCSA will monitor motor carrier and driver performance throughout
the pilot program to ensure safety. Motor carriers may be disqualified
from the pilot program if the:
1. Carrier does not have proper operating authority, if required,
and registration;
2. Carrier does not have the minimum levels of financial
responsibility;
3. Carrier is prioritized as a high risk; \1\
---------------------------------------------------------------------------
\1\ Notification of Changes to the Definition of a High Risk
Motor Carrier and Associated Investigation Procedures (81 FR 11875)
published March 7, 2016.
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4. Carrier is prioritized as a moderate risk for 2 consecutive
months;
5. Carrier receives a conditional or unsatisfactory safety rating;
6. Carrier is the subject of an open Federal enforcement action
pending review (e.g., Imminent Hazard, OOS, Patterns of Safety
Violations). Enforcement actions resulting in civil penalties will be
reviewed on a case-by-case basis.
7. Carrier has a crash rate above the national average for 3
consecutive months;
8. Carrier has a driver OOS rate above the national average for 3
consecutive months;
9. Carrier has a vehicle OOS rate above the national average for 3
consecutive months; or
10. Carrier failed to report monthly data as required.
FMCSA reserves the right to remove a carrier from the program at
its discretion if it is determined there is a safety risk.
As noted in the associated ICR documents, approved carriers will be
required to submit monthly reports of data. In addition, motor carriers
will be required to advise FMCSA if a participating driver is involved
in a crash with injury or fatality; a driver is convicted of a major or
serious offense in accordance with 49 CFR 383.51; a participating
pilot, control or intra-state driver leaves the carrier; or if a
participating driver fails a drug test.
If a carrier fails to provide the required data on time, this may
be grounds for removal from the pilot program.
Covered Drivers
Interested drivers must obtain from their commanding officer, or
the official designee, certification that the applicant had formal
training and experience in the operation of heavy motor vehicles while
in military service in one of the following MOS:
1. 88M--Motor Transport Operator (Army)
2. 92F--Fueler (Army)
3. 2T1--Vehicle Operations (Air Force)
4. 2Fo--Fueler (Air Force),
5. 3E2--Pavement and Construction Equipment (Air Force)
6. E.O.--Equipment Operator (Navy); or
7. 3531--Motor Vehicle Operator (Marine Corps).
A motor carrier may not approve a covered driver for participation
in the pilot program if during the 2-year period immediately preceding
the date of hire, the covered driver:
1. Had more than one license (except for a military license);
2. Had his or her license suspended, revoked, cancelled or
disqualified for a violation related to 49 CFR 383.51 in the home State
of record or any State;
3. Had any conviction for a violation of military, State or local
law relating to motor vehicle traffic control (other than parking
violation) arising in connection with any traffic crash and have no
record of a crash in which he/she was at fault; or
4. Has been convicted of any violations described below in any type
of motor vehicle.
[cir] Has been under the influence of alcohol as prescribed by
State law;
[cir] Has been under the influence of a controlled substance;
[cir] Had an alcohol concentration of 0.04 or greater while
operating a CMV;
[cir] Refused to take an alcohol test as required by a State under
its implied consent laws or regulations as defined in 49 CFR 383.72;
[cir] Left the scene of a crash;
[cir] Used the vehicle to commit a felony;
[cir] Drove a CMV while his or her CDL is revoked, suspended,
cancelled; or he or she is disqualified from operating a CMV;
[cir] Caused a fatality through the negligent operation of a CMV
(including motor vehicle manslaughter, homicide by motor vehicle, or
negligent homicide);
[cir] Had more than one conviction for any of the violations
described below in any type of motor vehicle;
[cir] Drove recklessly, as defined by State or local law or
regulation (including offenses of driving a motor vehicle in willful or
wanton disregard for the safety of persons or property);
[cir] Drove a CMV without obtaining a CDL;
[cir] Violated a State or local law or ordinance on motor vehicle
traffic control prohibiting texting while driving; or
[cir] Violated a State or local law or ordinance on motor vehicle
traffic control restricting or prohibiting the use of a hand held
mobile telephone while driving.
If the motor carrier agrees to sponsor/hire the driver, the covered
driver must also agree to the release of specific information to FMCSA
for purposes of the pilot program, as is noted in the ICR notice
published in today's Federal Register.
If at any time while participating in this pilot program, a driver
is disqualified for a major offense, serious traffic violations,
railroad-highway grade crossing, or violation of an out-of-service
order, as outlined in 49 CFR 383.51 of the FMCSRs, he or she will be
disqualified/removed from the program.
Approved covered drivers may not transport passengers or hazardous
materials, or operate double- or triple-trailer combinations or cargo
tank vehicles while participating in the pilot program, regardless of
any license endorsements held.
If a driver reaches age 21 during the pilot program, the driver
will no longer be considered a covered driver. However, FMCSA expects
the motor carrier to submit monthly data on the driver for the
remainder of the pilot program to provide additional data for
consideration.
If a covered driver leaves the approved motor carrier during the
pilot program, he/she is not approved to operate in interstate commerce
unless re-employed with another approved motor carrier participating in
the pilot program. If a covered driver leaves the employment of the
approved motor carrier, FMCSA must be advised within 5 days. A new
covered driver application must be submitted for any new/additional
hires by the approved motor carrier so that FMCSA can verify
eligibility as part of the Agency's oversight of the pilot program.
[[Page 31638]]
Control Group
Control group drivers must be 21 to 24 years old. These drivers
will be required to possess a valid CDL; drive for the participating
motor carrier; have no disqualifications, suspensions, or license
revocations within past 3 years; or be subject to any OOS order; and
agree to the release of specified information for use in assessing the
safety of covered drivers in pilot program.
Intrastate Drivers
Section 5404 of the FAST Act requires FMCSA to compare the covered
drivers to other 18-, 19-, and 20-year-old drivers operating CMVs in
intrastate commerce, and specifically to analyze crash rates. Motor
carriers with intrastate drivers who are 18, 19 or 20 years old will be
asked to provide the monthly report data on these drivers too, as a
condition of participating in this pilot program.
Monitoring and Oversight
FMCSA will review both monthly data submitted by approved motor
carriers and its own databases including, but not limited to, the Motor
Carrier Management Information System, Safety Measurement System,
Commercial Driver License Information System, and the Licensing and
Insurance system. FMCSA reserves the right to remove any motor carrier
or driver from the pilot program for reasons including, but not limited
to, failing to meet any of the requirements of the program.
Length of Program
FMCSA expects this program to run 3 years but may conclude the
program sooner if there is sufficient data to analyze the safety of
covered drivers.
Issued on: June 7, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-14025 Filed 7-3-18; 4:15 pm]
BILLING CODE 4910-EX-P