A warning letter is your chance to improve your safety performance and compliance without further intervention from the Federal Motor Carrier Safety Administration (FMCSA). Read the letter carefully because it identifies your company’s specific safety performance and compliance problems based on Safety Measurement System (SMS) data, explains how to access your safety record, and outlines the consequences if your company’s safety performance and compliance do not improve.

What happens next?

You do not need to respond directly to the letter. FMCSA will continue to monitor your safety performance and compliance through its SMS at http://ai.fmcsa.dot.gov/sms/. It is also important for you, as a motor carrier, to regularly check your SMS data. If your safety performance and compliance do not improve, FMCSA may conduct additional interventions that could result in fines and/or suspension or revocation of your company’s operating authority. These interventions may include Offsite or Onsite Investigations

FMCSA PROPOSES TWO-YEAR DELAY TO PARTS OF DRIVER TRAINING RULE

Citing technical issues, the Federal Motor Carrier Safety Administration has proposed to delay implementation of certain portions of the Entry-Level Driver Training rule for an additional two years.  84 Fed. Reg. 34324 (July 18, 2019). 

The proposed extension would only apply to: (1) the date for training providers to upload entry-level driver training certification information into the Training Provider Registry; and (2) for State Driver Licensing Agencies to receive driver-specific ELDT information.  The implementation dates for these two provisions would be extended from February 7, 2020 to February 7, 2022. 

The FMCSA notice states this proposal would allow the agency additional time to complete development of the electronic interface that will receive and store ELDT certification information from training providers and transmit that information to the SDLAs. The proposed extension would also provide SDLAs with sufficient time to modify their information technology systems and procedures, as necessary, to accommodate their receipt of driver specific ELDT data from the TPR.

The remainder of the rule, including the requirements for an entry-level CDL driver to complete classroom and behind the wheel training before taking the CDL exam, would go into effect as planned on February 7, 2020.  Beginning February 7, 2020, training providers wishing to provide ELDT must be listed on the TPR and drivers seeking a CDL or endorsement on or after February 7, 2020, must complete the required training, as set forth in the ELDT final rule.

FMCSA PROPOSAL EXPANDS FLEXIBILITY FOR CDL APPLICANTS

The Federal Motor Carrier Safety Administration (FMCSA) announced a proposed rule that would allow commercial driver’s license (CDL) applicants to take general and specialized knowledge tests in a state other than the applicant’s state of residence.

FMCSA said the proposed rule would reduce travel costs and time delays to obtain CDLs. The proposed changes are optional for the states – they will not be required to offer testing for out-of-state applicants. However, if a state elects to test an out-of-state CDL applicant, the applicant’s state of residence would be required to accept the results.

Reducing regulatory challenges for CDL applicants has been a focus for FMCSA this calendar year.

In March, FMCSA authored a final rule streamlining the process and reducing costs to upgrade from a Class B to a Class A CDL. FMCSA said the rule will save eligible driver trainees and motor carriers $18 million annually.

In June, FMCSA published a deregulatory proposal to streamline and simplify the process by which states are currently required to conduct skill tests for individuals seeking to obtain a CDL.

The latest proposed rule will have a 60-day comment period upon publication in the Federal Register. Comments can be submitted through the federal eRulemaking portal at regulations.gov, under Docket No. FMCSA-2018-0332.