Commercial Driver's Licenses; Pilot Program To Allow Drivers Under 21 To Operate Commercial Motor Vehicles in Interstate Commerce |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
15 May 2019
[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21895-21898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09944]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0346]
Commercial Driver's Licenses; Pilot Program To Allow Drivers
Under 21 To Operate Commercial Motor Vehicles in Interstate Commerce
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for comments.
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SUMMARY: Drivers 18, 19 and 20 years old may currently operate
commercial motor vehicles (CMVs) in intrastate commerce. On July 6,
2018, FMCSA published a Federal Register notice announcing the details
of the Commercial Driver Pilot Program, that allows certain 18- to 20-
year-olds with military training to operate CMVs in interstate
commerce. This document requests comments on a possible second pilot
program to allow non-military
[[Page 21896]]
drivers aged 18, 19, and 20 to operate CMVs in interstate commerce.
FMCSA requests comments on the training, qualifications, driving
limitations, and vehicle safety systems that FMCSA should consider in
developing options or approaches for a second pilot program for younger
drivers.
DATES: Comments must be received on or before July 15, 2019.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0346 using any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Commercial
Drivers 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:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials. In this notice, FMCSA requests certain information,
but comments are not limited to responses to those requests.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0346), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online, by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov, put the
docket number, ``FMCSA-2018-0346'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this notice as
being available in the docket, go to www.regulations.gov and insert the
docket number, ``FMCSA-2018-0346'' in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET., Monday through Friday, except Federal holidays.
II. Legal Basis
Applicable Regulations
Subject to limited exceptions for farm vehicle drivers of
articulated CMVs (49 CFR 391.67) and private (non-business) motor
carriers of passengers (49 CFR 391.68), drivers of CMVs engaged in
interstate commerce must be at least 21 years of age, whether or not
operation of the CMV requires a commercial driver's license (CDL) (49
CFR 391.11(b)(1)).
Under 49 U.S.C. 31315 and 31136(e), the Secretary of Transportation
(the Secretary) has authority to grant waivers and exemptions from the
Federal Motor Carrier Safety Regulations (FMCSRs) and to conduct pilot
programs in which one or more exemptions are granted to allow for the
testing of innovative alternatives to certain FMCSRs. 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. 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 a pilot program is 3 years.
Therefore, a pilot program requires that participating drivers be
provided relief from the effect of the intrastate only (or ``K'')
restriction that would appear on a CDL under 49 CFR 383.153(a)(10)(vii)
and an exemption from the requirement that a CMV driver operating in
interstate commerce be at least 21 years of age under 49 CFR
391.11(b)(1).
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.
Additionally, Section 5404 of the Fixing America's Surface
Transportation (FAST) Act (Pub. L. 114-94, 129 Stat. 1312, 1549, Dec.
4, 2015) directed FMCSA to establish a pilot program to allow certain
drivers with military training and experience, ages 18, 19 or 20, to
operate CMVs in interstate commerce.
III. Background
Recent Considerations To Change the CDL Driving Age
On October 2, 2000, the Truckload Carriers Association (TCA)
petitioned FMCSA to conduct a younger driver pilot program. Motor
carriers, truck driver training schools, a trade association, and an
insurance company joined in the petition asking FMCSA to authorize a
pilot program to determine if CMV drivers under age 21 could operate
CMVs safely in interstate
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commerce. Petitioners stated that this pilot would address the shortage
of CMV drivers in the trucking industry. Petitioners also asserted that
recruiting young persons as truck drivers would be easier if they could
be approached immediately after graduation from high school.
The pilot program proposed by TCA would have involved a minimum of
48 weeks of intensive classroom and driving instruction and supervision
that was designed to lead to full-time employment as an interstate CMV
driver. Each younger driver (18 to 21 years of age) would attend a
truck driver training school approved by the Professional Truck Driver
Institute for a minimum of 22 weeks and receive 8 weeks of training in
a motor carrier's ``driver finishing'' program. This would be followed
by 18 weeks of team driving with an older, more experienced driver.
Younger drivers would be required to pass the performance standards of
the entire 48-week program and reach the age of 19 to begin solo
driving.
On February 20, 2001, FMCSA published a notice asking six questions
about the proposed pilot program and requesting public comment on the
TCA petition (66 FR 10935). FMCSA received more than 1,600 comments.
Very few commenters presented data either for or against the program.
More than 90 percent of the commenters were opposed, most on the basis
that individuals under the age of 21 lacked the maturity and judgment
to operate a CMV. None explained how interstate drivers under 21 would
diminish safety when most States have concluded that intrastate drivers
under 21 do not do so. Very few truck drivers and motor carriers
commented, but most of them also opposed the pilot program.
On June 9, 2003, FMCSA denied the TCA petition stating that ``the
Agency does not have sufficient information at this time to make a
determination that the safety measures in the pilot program are
designed to achieve a level of safety equivalent to, or greater than,
the level of safety provided by complying with the minimum 21-year age
requirement to operate a CMV.'' (68 FR 34467, 34468)
Military Under 21 Pilot Program
On August 22, 2016, FMCSA published a notice of proposed pilot
program titled ``Commercial Driver's Licenses; 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'' (81 FR 56745). The notice proposed allowing members of the
military, veterans, Reservists and National Guard members who are 18,
19 or 20 years old and certified in one of seven Military Occupational
Specialties (MOS) to operate CMVs in interstate commerce. The 2016
notice provided details of current military training. At a minimum, the
seven MOS require at least 22 hours of classroom training and 62 hours
of behind-the-wheel taining in a heavy duty military vehicle. In some
instances, additional instruction is required for specialized training,
depending on the vehicle or trailer type.
The Agency received 67 comments to the docket; 40 favored the pilot
program and 9 opposed it. The remaining 18 comments were a form letter
asking the Agency to expand the current pilot program or initiate a new
one for drivers aged 18, 19, or 20 years old and who are engaged in
agricultural operations.
On July 6, 2018, the FMCSA published a notice detailing the
requirements of the pilot program and responded to comments. The notice
is titled ``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'' (83 FR 31633). The notice discussed
comments and responses received from the August 2016 notice, and
detailed the pilot program requirements and procedures.
In addition, on July 6, 2018, the FMCSA published a 60-day notice
for the information collection request (ICR) associated with the Under
21 Military CDL Pilot Program (83 FR 31631). The ICR included the
application and consent forms for motor carriers, covered drivers,
control group drivers, and intrastate drivers providing information for
the pilot program. It also explained the Agency's hypotheses for the
Under 21 Military CDL Pilot Program, the monthly reporting
requirements, and the ICR burdens. The Agency anticipates that some of
the forms and processes developed for this information collection may
also be applicable if the Agency decides to conduct a pilot program
involving younger drivers without military training and experience.
Entry Level Driver Training
On December 8, 2016, the FMCSA published a final rule titled
``Minimum Training Requirements for Entry-Level Commercial Motor
Vehicle Operators'' (81 FR 88732). The rule on entry-level driver
training (ELDT) established minimum training standards for certain
individuals applying for their CDL. Specifically, according to FMCSA's
current rulemaking implementation schedule, beginning on February 6,
2020, CDL applicants subject to the rule must complete a prescribed
program of instruction presented by an entity listed on FMCSA's
Training Provider Registry, prior to taking the State-administered CDL
skills test, or for the Hazardous Materials endorsement, prior to
taking the knowledge test. The final rule outlined the topics that must
be covered during classroom and behind the wheel training curriculums;
however, it did not require a minimum number of hours for either
classroom or behind the wheel.
Recent Legislative Proposals
On February 27, 2019, companion bills were introduced in the U.S.
House of representatives and the U.S. Senate called the ``Developing
Responsible Individuals for a Vibrant Economy Act'' (DRIVE-Safe Act)
(H.R. 5358). The DRIVE-Safe Act proposes to lower the age requirement
for interstate drivers to 18 as long as drivers under the age of 21 are
participating in an apprenticeship program that includes separate 120-
hour and 280-hour probationary periods, during which younger drivers
would operate CMVs under the supervision of an experienced driver and
must achieve specific performance benchmarks before advancing. Younger
drivers would also drive vehicles equipped with active braking
collision mitigation systems, forward-facing video event capture, and
speed limiters set to 65 miles per hour.
IV. Request for Public Comments
FMCSA requests responses to the following questions to help the
Agency determine whether it should propose a younger driver pilot
program and the parameters of such a program. Instructions for filing
comments to the public docket are included earlier in this notice.
The public is encouraged to respond to the questions listed below;
however, additional comments are also welcome.
General
1. What data are currently available on the safety performance
(e.g., crash involvement, etc.) of 18-20-year-old drivers operating
CMVs in intrastate commerce?
2. Are there concerns about obtaining insurance coverage for
drivers under 21 who operate CMVs in intrastate commerce, and would
these challenges be greater for interstate operations?
Training and Experience
As noted above, according to the current rulemaking implementation
schedule, starting in 2020, FMCSA will require completion of an ELDT
course
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before a driver may take the CDL skills test. In addition, the 2000 TCA
proposal included extensive training requirements. The DRIVE-Safe Act
contemplates an extensive apprenticeship program under the supervision
of an experienced co-driver.
1. What is the minimum driving experience that should be required
for a driver to be admitted to a pilot?
a. Should there be a requirement for experience driving non-
commercial vehicles (e.g., to hold a regular driver's license for some
minimum period of time)?
b. Should there be a requirement for experience driving a CMV in
intrastate commerce for some minimum period of time? If so, what should
that period be and how should it be measured (e.g., time with a CDL,
hours driven, vehicle miles traveled) and why?
c. Is there a minimum amount of time a younger driver should be
required to hold a CLP or CDL? If so, how long and why? Are there
driver training topics that should be required for younger drivers
beyond those covered in the ELDT final rule? If so, what are they and
why?
2. What kind of supervision, and how much, should be required for
drivers under 21 in a pilot?
3. Should there be any specific training/qualification requirements
for mentors, supervisors or co-drivers? If so, what type of training or
qualifications?
4. Should FMCSA require that participating motor carriers establish
a formal apprenticeship program according to Department of Labor
Standards? If so, why?
Operational Requirements
The TCA proposal and the DRIVE-Safe Act both proposed operational
limitations for 18-20-year-old drivers beyond what is currently
required under Federal regulations. In addition, graduated driver
license programs that begin with operational restrictions (e.g., may
not drive between midnight and 5:00 a.m.) have been shown to be
effective for new drivers. With this in mind:
1. Should there be time or distance restrictions on younger
drivers? If so, what should these be and why?
2. Should younger drivers have more limited hours of service, such
as a maximum of 8 hours of driving each day? If so, what limits should
be applied and why?
3. Should younger drivers be prohibited from transporting hazardous
materials, passengers, and/or operating tank vehicles or oversize/
overweight vehicles? Should there be other restrictions?
Requirements for participation?
In the Under 21 Military Pilot Program, FMCSA laid out specific
requirements that participating motor carriers and drivers must
continue to satisfy.
1. What safety standards should participating motor carriers have
to meet? Are the requirements from the Under 21 Military Pilot Program
appropriate?
2. What safety standards should participating drivers have to meet?
Are the requirements from the Under 21 Military Pilot program
appropriate?
3. What action(s) should the Agency consider taking if drivers in
this pilot program are convicted of violations while operating in
interstate commerce?
4. At what point should FMCSA remove a driver or motor carrier from
a pilot program?
Technology Requirements
The DRIVE-Safe Act would require younger drivers to operate
vehicles that are equipped with collision avoidance systems, front-
facing video recorders, and speed limiters set to 65 mph.
1. Should FMCSA include requirements for safety equipment or on-
board recording systems in a pilot program for younger CMV drivers? If
so, what equipment and why?
2. Are the technologies proposed in the DRIVE-Safe Act appropriate?
3. Should FMCSA include other technologies? If so, what
technologies are appropriate?
Insurance
1. Will insurance companies be willing to cover younger drivers
operating CMVs in interstate commerce?
2. What is the surcharge for insuring a younger driver?
3. Will motor carriers be able to afford the insurance coverage for
these younger drivers?
Research and Data
1. What type of data could be provided to the Agency to evaluate
the safety performance of drivers under 21 who operate in intrastate
commerce, e.g., State-managed safety performance data?
2. Are traffic violations, crashes, and inspection violations
adequate to allow a comparison of safety records? If not, what other
safety performance measures should be used?
3. What research should the Agency consider to assess the safety
impacts of younger interstate CMV drivers?
Issued on: May 9, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-09944 Filed 5-14-19; 8:45 am]
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