Attachment H - Minimum Training Requirements NPRM 81 FR 11944

Attachment H (ELDT NPRM March 2016).pdf

Training Certification for Entry-Level Commercial Motor Vehicle Operators

Attachment H - Minimum Training Requirements NPRM 81 FR 11944

OMB: 2126-0028

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11944

Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 380, 383, and 384
[FMCSA–2007–27748]
RIN 2126–AB66

Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle
Operators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM), request for public comments.
AGENCY:

FMCSA proposes new
training standards for certain
individuals applying for their initial
commercial driver’s license (CDL); an
upgrade of their CDL (e.g., a Class B
CDL holder seeking a Class A CDL); or
a hazardous materials, passenger, or
school bus endorsement for their
license; and a ‘‘refresher’’ training
curriculum. These individuals would be
subject to the proposed entry-level
driver training requirements and must
complete a course of instruction
provided by an entity that: Meets the
minimum qualifications for training
providers; covers the curriculum; is
listed on FMCSA’s proposed Training
Provider Registry; and submits
electronically to FMCSA the training
certificate for each individual who
completes the training.
This NPRM responds to a
Congressional mandate imposed under
the Moving Ahead for Progress in the
21st Century Act. The proposed rule is
based on consensus recommendations
from the Agency’s Entry-Level Driver
Training Advisory Committee
(ELDTAC), a negotiated rulemaking
committee which held a series of
meetings between February and May
2015. The compliance date of this
proposed rule would be three years after
the effective date of the final rule.
DATES: You must submit comments on
or before April 6, 2016.
ADDRESSES: You may submit comments
identified by docket number FMCSA–
2007–27748 using any one of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov.
• Fax: 202–493–2251.
• Mail: Docket Services (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001.
• Hand delivery: Same as mail
address above, between 9 a.m. and 5

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SUMMARY:

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p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ heading under the
SUPPLEMENTARY INFORMATION section
below for instructions regarding
submitting comments. Comments
received after the comment closing date
will be included in the docket, and we
will consider late comments to the
extent practicable. FMCSA may,
however, issue a final rule at any time
after the close of the comment period.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rule, contact Mr. Richard Clemente,
Driver and Carrier Operations (MC–
PSD) Division, FMCSA, 1200 New
Jersey Ave. SE., Washington, DC 20590–
0001, by telephone at 202–366–4325, or
by email at [email protected]. If you have
questions about viewing or submitting
material to the docket, contact Docket
Services, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: This
notice of proposed rulemaking (NPRM)
is organized as follows:
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Executive Summary
III. Abbreviations and Acronyms
IV. Legal Basis for the Rulemaking
V. Regulatory and Legal History
VI. General Discussion of the Proposal
VII. Section-by-Section Explanation of the
Proposed Changes
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review and DOT Regulatory Policies and
Procedures as Supplemented by E.O.
13563)
B. Regulatory Flexibility Act (Small
Entities)
C. Assistance for Small Entities
D. Unfunded Mandates Reform Act of 1995
E. Paperwork Reduction Act (Collection of
Information)
F. E.O. 13132 (Federalism)
G. E.O. 12988 (Civil Justice Reform)
H. E.O. 13045 (Protection of Children)
I. E.O. 12630 (Taking of Private Property)
J. Privacy
K. E.O. 12372 (Intergovernmental Review)
L. E.O. 13175 (Indian Tribal Governments)
M. E.O. 13211 (Energy Supply,
Distribution, or Use)
N. National Technology Transfer and
Advancement Act (Technical Standards)
O. Environment (NEPA, CAA, E.O. 12898
Environmental Justice)

I. Public Participation and Request for
Comments
FMCSA encourages you to participate
in this rulemaking by submitting
comments and related materials.

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A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (FMCSA–2007–27748),
indicate the heading of the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
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.
However, see the Privacy Act section
below.
To submit your comment online, go to
www.regulations.gov, type the docket
number, ‘‘FMCSA–2007–27748’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click 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 click ’’Submit.’’ If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 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, selfaddressed postcard or envelope.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is customarily not
made available to the general public by
the submitter. Under the Freedom of
Information Act, CBI is eligible for
protection from public disclosure. If you
have CBI that is relevant or responsive
to this NPRM, it is important that you
clearly designate the submitted
comments as CBI. Accordingly, please
mark each page of your submission as
‘‘confidential’’ or ‘‘CBI.’’ Submissions
designated as CBI and meeting the
definition noted above will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Brian Dahlin, Chief,
Regulatory Analysis Division, 1200 New
Jersey Avenue SE., Washington, DC
20590. Any commentary that FMCSA
receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
FMCSA will consider all comments
and material received during the
comment period and may change this
proposed rule based on your comments.

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B. Viewing Comments and Documents
To view comments and any document
mentioned in this preamble, go to
www.regulations.gov, insert the docket
number, ‘‘FMCSA–2007–27748’’ 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 Services 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.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
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.
II. Executive Summary
Purpose and Summary of Major
Provisions

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A. Purpose of the Entry-Level Driver
Training Proposed Rule
The Agency believes this rulemaking
would enhance the safety of commercial
motor vehicle (CMV) operations on our
Nation’s highways by establishing a
more extensive entry-level driver
training (ELDT) protocol and by
increasing the number of drivers who
receive ELDT. It would revise the
standards for mandatory training
requirements for entry-level operators of
CMVs in interstate and intrastate
operations who are required to possess
a commercial driver’s license (CDL).
FMCSA proposes new training
standards for certain individuals
applying for an initial CDL, an upgrade
of their CDL1 (e.g., a Class B CDL holder
seeking a Class A CDL), or a hazardous
materials, passenger, or school bus
endorsement for their license.
Specifically, these individuals would be
subject to the proposed ELDT
requirements and must complete a
course of instruction provided by an
entity that (1) meets the minimum
qualifications for training providers, (2)
covers the curriculum, (3) is listed on
FMCSA’s proposed Training Provider

Registry (TPR), and (4) submits
electronically to FMCSA the training
certificate for each individual who
completes the training.
FMCSA’s legal authority to propose
this rulemaking is derived from the
Motor Carrier Act of 1935, the Motor
Carrier Safety Act of 1984, the
Commercial Motor Vehicle Safety Act of
1986, and the Moving Ahead for
Progress in the 21st Century Act.
B. Summary of Major Provisions
The proposed rule would primarily
revise 49 CFR part 380, Special Training
Requirements. It would require an
individual who must complete the CDL
skills test requirements, defined as an
‘‘Entry-Level Driver’’, to receive
mandatory training. The proposed rule
applies to persons who drive, or intend
to drive, CMVs in either interstate or
intrastate commerce. Military drivers,
farmers, and firefighters are generally
excepted from the CDL requirements in
part 383, and they are excepted from
this proposed rule.
The NPRM proposes a Class A and
Class B CDL core curriculum; training
curricula related to hazardous materials
(H); passenger (P); and school bus (S)
endorsements; and a ‘‘refresher’’
training curriculum. The core,
endorsement, and refresher curricula
generally are subdivided into theory and
behind-the-wheel (BTW) (range and
public road) segments. There is no
proposed minimum number of hours
that driver-trainees must spend on the
theory portions of any of the individual
curricula. The NPRM proposes that
Class A CDL driver-trainees must
receive a minimum of 30 hours of BTW
training, with a minimum of 10 hours
on a driving range. Driving on a public
road would also be required, and Class
A CDL driver-trainees may fulfill this
requirement by either (1) driving 10
hours on a public road, or (2) 10 public
road trips (each no less than 50 minutes
in duration). Class B CDL driver-trainees
must receive a minimum of 15 hours of
BTW training, with a minimum of 7
hours of public road driving. And
irrespective of the number of hours of
BTW training, the training provider
must not issue the training certificate
unless the student demonstrates
proficiency in operating the CMV. The
NPRM also proposes that a CDL holder
who has been disqualified from
operating a CMV must successfully
complete refresher training. Training
providers must provide instruction on

all elements of the applicable
curriculum.
The NPRM would apply to entities
that train, or expect to train, entry-level
drivers, also referred to as herein as
driver-trainees. Training providers,
must, at a minimum, offer and teach a
training curriculum that meets all
FMCSA standards for entry-level drivers
and must also meet requirements related
to: Course administration, qualifications
for instructional personnel, assessments,
issuance of training certificates, and
training vehicles (i.e., equipment).
Training providers that meet these
requirements would be eligible for
listing on FMCSA’s TPR and must
continue to meet the eligibility
requirements in order to stay listed on
the TPR. Training providers must also
attest that they meet the specified
requirements, and in the event of an
FMCSA audit or investigation of the
provider, must supply documentary
evidence to verify their compliance. The
NPRM also proposes conforming
changes to parts 383 and 384.
The proposed compliance date for
this rule is 3 years after the effective
date of the final rule, which would
provide the States with sufficient time
to pass necessary implementing
legislation, to modify their information
systems to begin recording the training
provider’s certificate information on the
Commercial Driver’s License
Information System (CDLIS) driver
record, and to begin making that
information available from the CDLIS
driver record. This proposed phase-in
period would also allow time for the
driver training industry to develop and
begin offering training programs that
meet the eligibility requirements for
listing on the TPR.
Benefits and Costs
Entry-level drivers, motor carriers,
training providers, State driver licensing
agencies (SDLAs), and the Federal
Government would incur costs for
compliance and implementation. The
costs of the proposed rule include
tuition expenses, the opportunity cost of
time while in training, compliance audit
costs, and costs associated with the
implementation of the TPR. As shown
in table 1, FMCSA estimates that the 10year cost of the proposed rule would
total $5.55 billion on an undiscounted
basis, $4.86 billion discounted at 3%,
and $4.15 billion discounted at 7% (all
in 2014 dollars). Values in table 1 are
rounded to the nearest million.

1 Class A covers all large, articulated vehicles,
usually tractor/trailers Class B vehicles include
both large straight trucks and buses.

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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules
TABLE 1—TOTAL COST OF THE PROPOSED RULE
[In millions of 2014$]
Undiscounted
Year

2020
2021
2022
2023
2024
2025
2026
2027
2028
2029

Entry-level
drivers

Motor
carriers

Training
providers

Discounted
Federal
Government

SDLAs

Discounted
at 3%

Total

Discounted
at 7%

$490
495
501
506
511
517
522
538
533
539

$27
27
28
28
28
29
29
29
30
30

$10
7
8
7
8
7
8
7
8
7

$26
0
0
0
0
0
0
0
0
0

$6
1
1
1
1
1
1
1
1
1

$559
530
538
542
548
554
560
565
572
577

$559
515
507
496
487
478
469
459
452
442

$559
495
470
442
418
395
373
352
333
314

Total ...........................

5,142

285

5,545

4,864

4,151

Annualized .........................

........................

555

554

552

The costs presented in table 1 include
the costs associated with the S
endorsement training requirement of the
proposed rule, however the costs of the
proposed rule specifically attributable to
the proposed S endorsement training
requirement were also evaluated
separately. Details are presented in the
Regulatory Impact Analysis (RIA),
which is available in the docket. This
separate analysis of the costs of the
proposed rule specifically attributable to
the proposed S endorsement training
requirement was done because Section
32304 of MAP–21 statutorily mandates
training for new entry-level drivers who
wish to obtain a CDL, or a P
endorsement, or an H endorsement, but

is silent with respect to the S
endorsement. The analysis shows that
inclusion of the proposed S
endorsement training requirement
increases the total cost of the rule by
only approximately 0.36%. On an
annualized basis at a 7% discount rate,
this equates to an increase in the total
cost of the rule from $550 million to the
$552 million that is shown in Table 1.
This proposed rule would result in
benefits to CMV operators, the trucking
industry, the traveling public, and to the
environment. FMCSA estimated benefits
in two broad categories: Non-safety
benefits and safety benefits. Training
would lead to more efficient driving
techniques, resulting in a reduction in

fuel consumption and consequently
lowering environmental impacts
associated with carbon dioxide
emissions. Training that promotes safer,
more efficient driving has been shown
to reduce maintenance and repair costs.
Training related to the performance of
complex tasks may improve
performance; in the context of the
training required by this proposed rule,
improvement in task performance may
reduce the frequency and severity of
crashes thereby resulting in safer
roadways for all. Table 2 presents the
directly quantifiable benefits that
FMCSA projects would result from the
proposed rule (all in 2014 dollars,
values rounded to the nearest million).

TABLE 2—TOTAL QUANTIFIABLE BENEFITS OF THE PROPOSED RULE
[In millions of 2014$]
Undiscounted
Year

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2020
2021
2022
2023
2024
2025
2026
2027
2028
2029

Value of fuel
savings

Value of CO2
reduction a

Discounted

Maintenance
and repair cost
savings

Total b

Discounted at
3%

Discounted at
7%

$75
127
157
160
163
166
170
172
175
178

$13
22
26
27
27
28
28
29
29
29

$44
75
91
92
94
95
96
97
98
99

$132
223
274
279
284
289
294
298
302
305

$132
217
258
256
253
249
246
242
238
234

$132
209
241
231
220
210
201
191
182
173

Total ..................................................

1,543

258

880

2,680

2,325

1,989

Annualized .................................

........................

268

265

Notes:
a The monetized benefits associated with reduced CO emissions are discounted at the 3% discount rate in both the ‘‘discounted at 3%’’ and
2
‘‘discounted at 7%’’ columns. This is in keeping with the guidance of the Interagency Working Group that developed the OMB guidance on monetizing CO2 reductions, and is consistent with past USDOT and EPA practices. Further details on the monetization of CO2 reductions are presented in Section 4.1.2 of the RIA.
b Total benefit values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of
unrounded components).

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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules
The directly quantifiable benefits of
the proposed rule that are presented in
Table 2 assume a future baseline in
which a joint FMCSA/NHTSA Heavy
Vehicle Speed Limiters rule would be in
effect. This approach was intended to be
a conservative assumption, in that it
reduces the potential amount of baseline
industry fuel consumption from which
the possible benefits of reductions in
fuel consumption and CO2 emissions
from the proposed ELDT rule may be
realized. Because of the uncertainty of
when the FMCSA/NHTSA Heavy
Vehicle Speed Limiters proposed rule
will be published for public comment or
how those comments may influence a
final rule, an alternative baseline for the
proposed ELDT rule in which there
would be no Speed Limiters rule, and
thus no effect from speed limiters upon
baseline industry fuel consumption, was

also analyzed. The details regarding this
approach and the estimated reductions
in fuel consumption and CO2 emissions
of the proposed ELDT rule are presented
in the RIA which is available in the
docket. This alternative baseline results
in slightly higher total quantifiable
benefits for the proposed ELDT rule,
because any assumed reduction in
baseline industry fuel consumption
resulting from a Speed Limiters rule
would not be present. Table 3 presents
a comparison of the total estimated
quantifiable benefits of the proposed
ELDT rule both with and without a
Speed Limiters rule in the baseline.
Under such an alternative baseline
reflecting no impact from a potential
Speed Limiters rule, the total
quantifiable benefits from the proposed
ELDT rule, on an annualized basis at a
7% discount rate, would increase by $9

million to $274 million from the $265
million that would be realized under a
baseline scenario that does incorporate
the effects of a Speed Limiters rule. This
represents an increase of 3.4% in total
quantifiable benefits. Because this 3.4%
increase in the total quantifiable
benefits is relatively modest, and
because the baseline scenario that does
incorporate the effects of a Speed
Limiters rule is the more conservative
assumption as it results in somewhat
lower benefits and somewhat higher net
costs of the proposed ELDT rule, the
quantifiable benefits, net costs, and
threshold analysis of the proposed
ELDT rule that are presented here
represent those that incorporate the
effects of a Speed Limiters rule in the
baseline.

TABLE 3—COMPARISON OF TOTAL QUANTIFIABLE BENEFITS WITH AND WITHOUT BASELINE ADJUSTMENT FOR SPEED
LIMITERS RULE
[In millions of 2014$]
With speed limiters
adjustment

Without speed limiters
adjustment

Year
3% Discount
rate
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029

7% Discount
rate

3% Discount
rate

7% Discount
rate

$132
217
258
256
253
249
246
242
238
234

$132
209
241
231
220
210
201
191
182
173

$137
224
267
265
262
258
255
251
247
243

$137
217
249
239
228
218
208
198
189
179

Total ..........................................................................................................

2,325

1,989

2,409

2,062

Annualized .........................................................................................

265

274

While FMCSA believes that the
proposed rule would at minimum
achieve cost-neutrality, the net of
quantified costs and benefits (presented

in table 4 below) results in an
annualized net cost of $287 million at
a 7% discount rate. This estimate is
based only on quantifiable costs and

benefits attributable to this proposed
rule; it makes no claims regarding safety
benefits which are discussed below.

TABLE 4—NET COST OF THE PROPOSED RULE, ABSENT QUANTIFIABLE SAFETY BENEFITS
[In millions of 2014$]
3% Discount
rate

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Year
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029

.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................
.........................................................................................................................................................................

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$427
298
249
240
234
229
223
217
214
208

7% Discount
rate
$427
286
229
211
198
185
172
161
151
141

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TABLE 4—NET COST OF THE PROPOSED RULE, ABSENT QUANTIFIABLE SAFETY BENEFITS—Continued
[In millions of 2014$]
3% Discount
rate

Year

7% Discount
rate

Total ..................................................................................................................................................................

2,539

2,161

Annualized .................................................................................................................................................

289

287

The lack of data directly linking
training to improvements in safety
outcomes, such as reduced crash
frequency or severity, posed a challenge
to the Agency throughout the
development of the RIA. Discussion
regarding the efforts undertaken by
FMCSA and its partners in the
negotiated rulemaking process to
establish such a quantitative link is
presented in the RIA. Although no
empirical evidence linking safety to
training was identified in this process,
there remains a strongly held belief
among stakeholders—including all who
participated in the negotiated
rulemaking—and the Agency that
safety-oriented training does improve

safety outcomes. The long-standing
industry practice of providing such
training to drivers—often at carriers’
expense—supports the notion that such
training is not without merit. In the
absence of a clear empirical link
between training and safety, FMCSA
followed the guidance of the Office of
Management and Budget (OMB) in its
Circular A–4 to perform a threshold
analysis to determine the degree of
safety benefits that would need to occur
as a consequence of this proposed rule
in order for the rule to achieve costneutrality.2 As documented in detail in
the RIA, an 8.15% improvement in
safety performance (that is, an 8.15%
reduction in the frequency of crashes

involving those new entry-level drivers
who would receive additional pre-CDL
training as a result of this proposed rule
during the period for which the benefit
of training remains intact) is necessary
to offset the $287 million (annualized at
7%) net cost of the rule.
Table 5 below presents the projected
number of crash reductions involving
new entry-level drivers that must occur
in each of the 10 years and in aggregate,
in order to offset the net cost ($287
million annualized at 7%). To be clear,
it is the sum of the monetized value of
all columns of table 5—not the sum of
the monetized value of any individual
column—that results in cost-neutrality.

TABLE 5—CRASH REDUCTIONS INVOLVING NEW ENTRY-LEVEL DRIVERS, BY TYPE, NECESSARY TO ACHIEVE COSTNEUTRALITY
Number
of fatal
crashes

Year

2020
2021
2022
2023
2024
2025
2026
2027
2028
2029

Number
of property
damage only
(PDO) crashes

Number
of injury
crashes

.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................

6
10
12
12
12
12
12
12
12
12

127
211
253
253
253
253
253
253
253
253

421
702
842
842
842
842
842
842
842
842

Average (rounded to nearest whole number) ......................................................................

236

786

Total ...............................................................................................................................

115

2,364

7,857

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III. Abbreviations and Acronyms
Full name

Abbreviation or
acronym

American Association of Motor Vehicle Administrators ................................................................................................................
Americans with Disabilities Act .....................................................................................................................................................
Anti-lock Braking Systems ............................................................................................................................................................
Assessing the Adequacy of Commercial Motor Vehicle Driver Training ......................................................................................
Advocates for Highway and Auto Safety ......................................................................................................................................
Advance Notice of Proposed Rulemaking ....................................................................................................................................
American Trucking Associations ...................................................................................................................................................
American Transportation Research Institute ................................................................................................................................
Behind the wheel ..........................................................................................................................................................................
Clean Air Act .................................................................................................................................................................................

AAMVA.
ADA.
ABS.
Adequacy Report.
Advocates.
ANPRM.
ATA.
ATRI.
BTW.
CAA.

2 Office of Management and Budget. Circular A–
4. Regulatory Analysis. September 17, 2003.

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Available at: https://www.whitehouse.gov/omb/
circulars_a004_a-4/ (accessed July 23, 2015).

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Abbreviation or
acronym

Full name
Categorical Exclusion ....................................................................................................................................................................
Commercial Driver’s License ........................................................................................................................................................
Commercial Driver’s License Information System ........................................................................................................................
Code of Federal Regulations ........................................................................................................................................................
Commercial Learner’s Permit .......................................................................................................................................................
Commercial Motor Vehicle ............................................................................................................................................................
Commercial Motor Vehicle Safety Act of 1986 .............................................................................................................................
Compliance, Safety and Accountability ........................................................................................................................................
Commercial Vehicle Safety Alliance .............................................................................................................................................
Commercial Vehicle Training Association ....................................................................................................................................
U.S. Court of Appeals for the District of Columbia Circuit ...........................................................................................................
Director, Office of Carrier, Driver, and Vehicle Safety Standards ................................................................................................
U.S. Department of Transportation ...............................................................................................................................................
U.S. Department of Education ......................................................................................................................................................
Entry-Level Driver Training ...........................................................................................................................................................
Entry-Level Driver Training Advisory Committee ..........................................................................................................................
Executive Order ............................................................................................................................................................................
Federal Highway Administration ...................................................................................................................................................
Federal Motor Carrier Safety Administration ................................................................................................................................
Federal Motor Carrier Safety Regulations ....................................................................................................................................
Gross Vehicle Weight Rating ........................................................................................................................................................
Hazardous Materials Endorsement ...............................................................................................................................................
Hazardous Materials .....................................................................................................................................................................
Hazardous Materials Safety Permit ..............................................................................................................................................
Hours of Service ...........................................................................................................................................................................
Longer Combination Vehicle .........................................................................................................................................................
Moving Ahead for Progress in the 21st Century Act ....................................................................................................................
Motor Carrier Safety Act of 1984 ..................................................................................................................................................
Motor Carrier Safety Advisory Committee ....................................................................................................................................
North American Fatigue Management Program ...........................................................................................................................
National Association of Publicly Funded Truck Driving Schools ..................................................................................................
National Association of Small Trucking Companies .....................................................................................................................
National Environmental Policy Act ................................................................................................................................................
National Governors’ Association ...................................................................................................................................................
National Highway Traffic Safety Administration ............................................................................................................................
Notice of Proposed Rulemaking ...................................................................................................................................................
National Transportation Safety Board ...........................................................................................................................................
Owner-Operator Independent Drivers Association, Inc. ...............................................................................................................
Office of Management and Budget ...............................................................................................................................................
Out-of-service ................................................................................................................................................................................
Pipeline and Hazardous Materials Safety Administration .............................................................................................................
Privacy Impact Assessment ..........................................................................................................................................................
Paperwork Reduction Act .............................................................................................................................................................
Professional Truck Driver Institute ................................................................................................................................................
State Driver Licensing Agency ......................................................................................................................................................
Truckload Carriers Association .....................................................................................................................................................
Training Provider Registry ............................................................................................................................................................
Transportation Research Board ....................................................................................................................................................
United States Code .......................................................................................................................................................................

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IV. Legal Basis for the Rulemaking
This NPRM is based on the authority
of the Motor Carrier Act of 1935, the
Motor Carrier Safety Act of 1984, and
the Commercial Motor Vehicle Safety
Act of 1986 (CMVSA), as described
below. It also implements section 32304
of the Moving Ahead for Progress in the
21st Century Act (MAP–21) requiring
the establishment of minimum driver
training standards for certain
individuals required to hold a CDL. In
addition, the proposed rule responds to
the March 10, 2015, order of the U.S.
Court of Appeals for the District of
Columbia Circuit (DC Circuit),
referenced further below. This NPRM
reflects the recommendations of

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FMCSA’s Entry Level Driver Training
Advisory Committee (ELDTAC),
comprised of 25 industry stakeholders
and FMCSA, convened earlier this year
through a negotiated rulemaking, as
discussed below.
The Motor Carrier Act of 1935,
codified at 49 U.S.C. 31052 (b), provides
that ‘‘The Secretary of Transportation
may prescribe requirements for—(1)
qualifications and maximum hours of
service of employees of, and safety of
operation and equipment of, a motor
carrier; and (2) qualifications and
maximum hours of service of employees
of, and standards of equipment of, a
motor private carrier, when needed to
promote safety of operation.’’ This
NPRM would improve the ‘‘safety of

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CE.
CDL.
CDLIS.
CFR.
CLP.
CMV.
CMVSA.
CSA.
CVSA.
CVTA.
DC Circuit.
Director.
DOT.
ED.
ELDT.
ELDTAC.
EO.
FHWA.
FMCSA.
FMCSRs.
GVWR.
H.
HM.
HMSP.
HOS.
LCV.
MAP–21.
MCSA.
MCSAC.
NAFMP.
NAPFTDS.
NASTC.
NEPA.
NGA.
NHTSA.
NPRM.
NTSB.
OOIDA.
OMB.
OOS.
PHMSA.
PIA.
PRA.
PTDI.
SDLA.
TCA.
TPR.
TRB.
U.S.C.

operation’’ of entry-level ‘‘employees’’
who operate CMVs, as defined in 49
CFR 383.5, by enhancing the training
they receive before obtaining or
upgrading a CDL.
The Motor Carrier Safety Act of 1984
(MCSA), codified at 49 U.S.C. 31136(a),
provides concurrent authority to
regulate drivers, motor carriers, and
vehicle equipment. It requires the
Secretary of Transportation to prescribe
regulations for CMV safety to ensure
that (1) CMVs are maintained, equipped,
loaded, and operated safely; (2)
responsibilities imposed on CMV
drivers do not impair their ability to
operate the vehicles safely; (3) drivers’
physical condition is adequate to
operate the vehicles safe; (4) the

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operation of CMVs does not have a
deleterious effect on the drivers’
physical condition; and (5) CMV drivers
are not coerced by a motor carrier,
shipper, receiver, or transportation
intermediary to operate a CMV in
violation of regulations promulgated
under this section, or chapter 51 or
chapter 313 of this title (49 U.S.C.
31136(a)).
This NPRM is based specifically on 49
U.S.C. 31136(a)(1), requiring regulations
to ensure that CMVs are ‘‘operated
safely,’’ and secondarily on section
31136(a)(2), requiring that regulations
ensure that ‘‘the responsibilities
imposed on operators of commercial
motor vehicles do not impair their
ability to operate the vehicles safely.’’
The proposed rule enhances the training
of entry-level drivers to further ensure
that they operate CMVs safely and meet
the operational responsibilities imposed
on them.
This rulemaking does not directly
address medical standards for drivers
(section 31136(a)(3)) or possible
physical effects caused by driving CMVs
(section 31136(a)(4)). However, to the
extent that the various curricula
proposed today address health and
wellness issues that facilitate the safe
operation of CMVs (section 31136(a)(3)),
has been considered and addressed.
Also, to the extent that curriculum
addresses idling and related health
effects (section 31136(a)(4)), has been
considered and addressed. FMCSA does
not anticipate that drivers will be
coerced (section 31136(a)(5)) as a result
of this rulemaking. However, we note
that the training curricula proposed for
Class A and B CDLs and for refresher
training includes a unit addressing the
right of an employee to question the
safety practices of an employer without
incurring the risk of losing a job or being
subject to reprisal simply for stating a
safety concern. Driver-trainees will also
be instructed in procedures for reporting
to FMCSA incidents of coercion from
motor carriers, shippers, receivers, or
transportation intermediaries.
CMVSA provides, among other things,
that the Secretary of Transportation
shall prescribe regulations on minimum
standards for testing and ensuring the
fitness of an individual operating a
commercial motor vehicle (49 U.S.C.
31305(a)). The requirement of today’s
proposed rule that States test only those
entry-level CDL applicants who have
completed the training proposed by this
NPRM falls within the ‘‘minimum
standards for testing’’ authorized by the
CMVSA. The training requirement itself,
as described below, was created by
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MAP–21 requires DOT to regulate
ELDT. Public Law 112–141, section
32304, 126 Stat. 405, 791 (July 6, 2012).
MAP–21 modified 49 U.S.C. 31305 by
adding paragraph (c), which requires
FMCSA to issue ELDT regulations. The
regulations must address the knowledge
and skills necessary for safe operation of
a CMV that must be acquired before
obtaining an initial CDL or upgrading
from one class of CDL to another. MAP–
21 also requires that training apply to
CMV operators seeking passenger or
hazardous materials endorsements (49
U.S.C. 31305(c)(1) and (2)). Although
the statute specifically requires that the
regulations include both classroom and
behind-the-wheel instruction, MAP–21
otherwise allows FMCSA broad
discretion to define the training
methodology, standards, and
curriculum necessary to satisfy the
ELDT mandate.
MAP–21 clearly establishes the scope
of operations to be covered by this
rulemaking by requiring that ELDT
regulations apply to prospective CDL
holders operating in both interstate and
intrastate commerce. The ELDT
requirements are codified in section
31305, and the definition of a CMV in
section 31301(4) therefore applies to
ELDT. The definition of ‘‘commerce’’ in
section 31301(2) covers both interstate
commerce (paragraph A) and intrastate
commerce (paragraph B). ELDT, as a
CDL-related mandate, therefore applies
to interstate and intrastate commerce.
The ELDTAC recommended the
inclusion of a school bus (S)
endorsement in the NPRM, although
MAP–21 did not specifically mandate
training for this endorsement. The
current FMCSRs require that, in order
for a driver to obtain the S endorsement,
he or she must first obtain either a Class
A or Class B CDL, as well as pass the
knowledge and skills test for a
passenger vehicle (P) endorsement (49
CFR 383.123). FMCSA believes that,
since Congress recognized the
importance of entry-level training in the
operation of passenger vehicles by
including the P endorsement within the
scope of the MAP–21 mandate in
section 31305(c), the inclusion of the S
endorsement training curriculum in the
NPRM is entirely consistent with that
mandate.
While 49 U.S.C. 31305(c) clearly
applies to entry-level CMV drivers—
understood as new drivers—FMCSA
believes that refresher training is
necessary for essentially the same
reason. CDL holders who have been
disqualified from operating a CMV, have
either never learned the necessary skills
for safe operation of a CMV or have
allowed those skills to deteriorate to the

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point where they have no greater
mastery of operational safety than
individuals who have not previously
driven a CMV. The Agency believes that
requiring refresher training for those
drivers is well within the purpose and
intent of the training mandate required
in 49 U.S.C. 31305(c).
Before prescribing any regulations,
FMCSA must consider their ‘‘costs and
benefits’’ (49 U.S.C. 31136(c)(2)(A) and
31502(d)). Those factors are discussed
in the RIA associated with this
rulemaking.
V. Regulatory and Legal History
Initial Efforts To Address ELDT
In the early 1980s, the Federal
Highway Administration’s (FHWA)
Office of Motor Carriers, the predecessor
to FMCSA, determined that there was a
need for technical guidance in the area
of truck driver training. This need was
based on a Government Accountability
Office report stating that a large
percentage of truck crashes are due to
driver error.3 Research further showed
that few driver training institutions then
offered a structured curriculum or a
standardized training program, and also
showed that, for motorcoaches and
school buses, nearly the entire capacity
for entry-level training was provided by
the fleet operators, and not by training
schools.
FHWA published a ‘‘Model
Curriculum for Training Tractor-Trailer
Drivers’’ (Model Curriculum) in 1985.
The Model Curriculum provided
suggestions and recommendations for
training providers covering curriculum,
facilities, vehicles, instructor
qualifications and hiring practices,
graduation requirements, and student
placement. Curriculum content
addressed basic operation, safe
operating practices, advanced operating
procedures, vehicle maintenance, and
non-vehicle activities (e.g., handling
and documenting cargo). The Model
Curriculum reflected a consensus
among experts at the time of its
publication.
The 1985 Model Curriculum
recommended the equivalent of a total
of 148 hours 4 of training, including
driving-range time and on-road BTW
training. In 1986, the motor carrier,
truck driver training school, and
insurance industries created the
Professional Truck Driver Institute
3 GAO/RCED–89–163, Truck Safety: Information
on Driver Training, August 1989.
4 The original Model Curriculum referred to a
total of 320 hours. However, these hours of training
include periods when the student is not receiving
individual instruction, such as while waiting his or
her turn to use an available truck to practice driving
skills.

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(PTDI) to certify high-quality training
programs offered by training
institutions. The Model Curriculum, as
updated over time, remains as the
centerpiece of many training programs
currently offered. It provided the
starting point for the ELDT curricula
requirements proposed in this NPRM.
CMVSA, which created the CDL
program, defined a CMV, in part, as a
vehicle operating in ‘‘commerce,’’ a
term separately defined to cover both
interstate commerce and operations that
‘‘affect’’ intrastate commerce (49 U.S.C.
31301(2) and (4)). CMVSA directed the
Agency to establish minimum Federal
standards that States must meet when
testing and licensing CMV drivers. The
goal was to ensure that drivers of large
trucks and buses possess the knowledge
and skills necessary to operate safely on
public highways. Until 2012, however,
as discussed further below in this
section, Congress did not specify
whether an ELDT rulemaking should be
limited to CMV drivers in interstate
commerce, or whether it should also
encompass CMV drivers operating in
intrastate commerce.
In accordance with part 383, all
drivers of CMVs must possess a valid
CDL. In addition to passing the CDL
knowledge and skills tests required for
the basic vehicle group, all persons who
operate or anticipate operating double/
triple trailers, passenger vehicles, tank
vehicles, vehicles transporting
hazardous materials, or school buses
must obtain vehicle-specific
endorsements under § 383.93(3)(b). The
driver is required to pass a knowledge
test for each endorsement, plus a skills
test to obtain a passenger endorsement
or a school bus endorsement.
By 1991, Congress became concerned
about the quality and inconsistency of
CDL-related training individuals were
receiving prior to obtaining a CDL. As
a result, section 4007(a)(1) of the
Intermodal Surface Transportation
Efficiency Act (ISTEA) required FHWA
to: (1) Study the effectiveness of private
sector training efforts and to report its
results to Congress; and (2) to
commence a rulemaking on the need to
require training of all entry-level drivers
of CMVs (Pub. L. 102–240, 105 Stat.
1914, 2151, Dec. 19, 1991).
In 1992, the FHWA began to examine
the effectiveness of private sector
training. A 1995 report titled,
‘‘Assessing the Adequacy of Commercial
Motor Vehicle Driver Training’’ (the
Adequacy Report) concluded, among
other things, that effective ELDT needs
to include BTW instruction. While the
Adequacy Report recognized that ELDT
seemed intuitively beneficial, it also
acknowledged the lack of quantitative

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data linking driver training with
positive safety outcomes. The Adequacy
Report did not reach a conclusion as to
whether ‘‘testing-based,’’ ‘‘trainingbased,’’ or ‘‘performance-based’’
approaches to ELDT would be more
effective. The Secretary of
Transportation submitted this report to
Congress in 1996. A copy of the
Adequacy Report is included in the
docket for this rulemaking.
In 1993, pursuant to section
4007(a)(2) of ISTEA, FHWA began a
rulemaking to address the need to
require training of all entry-level CMV
drivers. On June 21, 1993, FHWA
published an ANPRM titled
‘‘Commercial Motor Vehicles: Training
for All Entry Level Drivers’’ (58 FR
33874). The NPRM asked 13 questions
pertaining to the adequacy of training
standards, curriculum requirements, the
requirements for obtaining a CDL, the
definition of ‘‘entry-level driver’’
training, training pass rates, and costs.
2003 NPRM/2004 Final Rule
In November 2002, several
organizations filed a petition for a writ
of mandamus in the DC Circuit seeking
an order directing the DOT to
promulgate various regulations,
including one establishing ELDT
(petition for a writ of mandamus and for
Relief from Unlawfully Withheld Agency
Action, In re Citizens for Reliable and
Safe Highways, No. 02–1363 (D.C. Cir.)).
As part of a settlement agreement
reached in February 2003, DOT agreed
to issue a final rule on minimum
training standards for entry-level CMV
drivers by May 31, 2004 (Settlement
Agreement, In re Citizens for Reliable
and Safe Highways, No. 02–1363 (D.C.
Cir.)). Both of these documents are
available in the docket for this
rulemaking.
The FMCSA published an NPRM on
Friday, August 15, 2003, which
proposed training for entry-level drivers
based on three main principles (68 FR
48863). First, the NPRM focused on the
types of drivers addressed in the
Adequacy Report; i.e., only drivers in
the heavy truck, motorcoach, and school
bus industries. Second, the NPRM
focused on drivers who operate in
interstate commerce and therefore are
subject to MCSA. Third, the Agency
limited the NPRM to the following
areas: (1) Driver medical qualifications
and Federal drug and alcohol testing
requirements, (2) driver hours of service
limits, (3) driver wellness, and (4)
whistleblower protections. The Agency
believed that training focusing on these
four areas would establish an adequate
baseline for training entry-level CMV
drivers at a reasonable cost. The NPRM

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11951

did not specify a required number of
hours for the training or propose
requirements pertaining to the type of
training. The Agency published a final
rule on May 21, 2004, that included the
four elements proposed in the NPRM
(69 FR 29384).
In 2005, three parties petitioned the
D.C. Circuit for review of the 2004 rule.
The Court held that the 2004 final rule
was arbitrary and capricious because
FMCSA ignored the finding of the
Adequacy Report that BTW training was
necessary and remanded the rule to the
Agency for further consideration
(Advocates for Highway and Auto
Safety v. Federal Motor Carrier Safety
Administration, 429 F.3d 1136 (D.C. Cir.
2005) (Advocates I ). The Court did not
vacate the 2004 final rule.
2007 NPRM
In response to the Court’s decision in
Advocates I, FMCSA published an
NPRM on December 26, 2007, that
proposed requiring both classroom and
BTW training from an accredited
institution or program (72 FR 73226).
The NPRM generated more than 700
public comments, which varied widely
regarding the necessity and efficacy of
the proposed ELDT program elements.
While most commenters expressed
support for the ELDT concept, they had
divergent views on several of the
proposed rule’s key provisions: (1)
Hours-based versus ‘‘performancebased’’ driver training, (2) accreditation,
(3) passenger driver training, and (4)
post-CDL training.
Hours-Based vs. ‘‘Performance-Based’’
Driver Training
Several industry organizations
expressed opposition to the proposed
requirements of a specific minimum
number of training hours. Instead, these
commenters generally supported a
performance-based approach to training
that would allow an individual to move
through the training program at his or
her own pace. Essentially, a driver who
demonstrated mastery of one skill
would be able to move to the next skill.
The driver would not have to repeat
continually or practice a skill for a
prescribed amount of time—2 hours, for
example—if the driver could master the
skill in 20 minutes. However, among the
various comments expressing support
for a ‘‘performance-based’’ approach,
there was no consistent interpretation of
the term.
Other commenters, however,
supported a minimum hours-based
approach to training. They stated that
FMCSA must specify the minimum
number of instructional hours in order
to be consistent with the original Model

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Curriculum. Additionally, some
supporters of an hours-based approach
believed that the Agency’s proposal did
not include sufficient hours
(particularly BTW hours) to train a
driver adequately. Finally, other
commenters suggested a hybrid of the
hours-based and ‘‘performance-based’’
approaches.
Third-Party Accreditation
The 2007 NPRM proposed that all
commercial driver-training schools be
accredited by an agency recognized by
either the U.S. Department of Education
(ED) or the Council on Higher Education
Accreditation. Most commenters
opposed the accreditation proposal
because they claimed it is long and
costly and would not necessarily result
in better training of the students because
the accreditation is not ‘‘program
specific.’’ In other words, the training
institution may obtain accreditation, but
the accreditation would not be specific
to the driver training program’s course
content. They argued that accreditation
might restrict the number of schools
where drivers could receive training.
Alternatives suggested included
allowing training institutions to selfcertify, subject to Federal or other
oversight, or permitting training
institutions to voluntarily obtain thirdparty certification or accreditation.
However, other commenters believed
that even stricter control of training
schools should be exercised by the
Federal and/or State governments.

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Passenger Driver Training
Commenters from the motorcoach
industry stated that they were an
‘‘afterthought’’ in the NPRM.
Specifically, they stated that there was
no mention of the Model Motorcoach
Driver Training Curriculum in the
proposed rule. One motorcoach
company asserted that its in-house
training program was much more
rigorous than the Agency proposal and
that it continually tested and re-trained
its drivers. Others believed that the
proposed training program would have
particularly adverse consequences for
the motorcoach industry as few
institutions offered training specific to
that segment of the industry.
Post-CDL Training
Some commenters suggested that the
Agency consider regulatory actions
beyond what was proposed in the 2007
NPRM. For example, several individuals
and organizations believed FMCSA
should assess the merits of
implementing a graduated CDL system
approach. This concept would involve
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CDL holders for certain periods of time
until the drivers obtain enough
experience to operate without
restrictions or limitation. Specifically,
such a concept would require that the
new CDL holder work under the
supervision of an experienced driver or
mentor as part of a team operation
before being allowed to drive alone.
Other commenters stressed that their
companies are doing continuous
training/testing and that re-training of
individuals should be required. As
proposed, the 2007 NPRM would have
required training before an individual
obtained a CDL; the ‘‘finishing training’’
advocated by some commenters was not
discussed in the NPRM.
The Agency ultimately withdrew the
2007 NPRM for a number of reasons
including: Sharply divided public
comments; feedback from participants
in the Agency’s two public ELDT
listening sessions held in 2013;
recommendations by the Motor Carrier
Safety Advisory Committee (MCSAC),
noted below; 5 and the new
requirements imposed by MAP–21,
discussed below (78 FR 57585,
September 19, 2013).
MAP–21 Requirements
Section 32304 specifically mandates
that DOT issue training regulations that
(1) address the knowledge and skills
needed for safe operation of a CMV, (2)
address the specific training needs of
those seeking hazardous materials and
passenger endorsements, (3) create a
means of certifying that an applicant for
a CDL meets Federal ELDT
requirements, and (4) require training
providers to demonstrate that their
training meets uniform Federal
standards.
After Congress enacted MAP–21,
FMCSA requested that MCSAC consider
the history of the ELDT issue, including
legislative, regulatory and research
background, and identify ideas and
concepts the Agency should consider in
moving forward with a rulemaking to
implement the MAP–21 requirements.
MCSAC issued its letter report in June
2013.
ELDT Negotiated Rulemaking/
Advocates II
On August 19, 2014, FMCSA formally
announced that it was considering
addressing the rulemaking mandated by
MAP–21 through a negotiated
rulemaking (79 FR 49044). Negotiated
rulemaking is a process which brings
together representatives of various
5 Both available in the docket for this rulemaking,
FMCSA–2007–27748. The listening session took
place in January and March of 2013.

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interest groups and a federal agency to
negotiate the text of a proposed rule.
The goal of a negotiated rulemaking
proceeding is for the Committee to reach
consensus on the text of a proposed
rule. The Agency retained a neutral
convener, as authorized by the
Negotiated Rulemaking Act (5 U.S.C.
563(b)) to impartially assist the Agency
in determining whether establishment
of a negotiated rulemaking would be
feasible and appropriate. To that end,
the convener interviewed a broad range
of stakeholders concerning ELDT.
On September 18, 2014, FMCSA and
DOT were sued in a mandamus action
requesting that the D.C. Circuit order the
Agency to publish a proposed rule on
ELDT in 60 days and a final rule within
120 days of the Court’s order (In Re
Advocates for Highway and Auto Safety,
the International Brotherhood
Teamsters; and Citizens for Reliable and
Safe Highways v. Anthony Foxx,
Secretary of the United States
Department of Transportation, et al.
(No. 14–1183, D.C. Circuit (2014))
(Advocates II). This document is
available in the docket for this
rulemaking.
On November 26, 2014, the convener
submitted his report to the Agency
concluding that a negotiated rulemaking
was feasible and appropriate. The
convening report is available in the
docket for this rulemaking. In December
2014, FMCSA announced its intention
to establish a negotiated rulemaking
committee to negotiate and develop
proposed regulations to implement the
MAP–21 requirements concerning ELDT
for drivers operating CMVs in interstate
or intrastate commerce. At that time,
FMCSA also stated its intention to
finish the negotiated rulemaking process
in the first half of 2015, followed by
publication of an NPRM the same year
and a final ELDT rule in 2016 (79 FR
73274, December 10, 2014). The Agency
also described the issues to be
addressed by the ELDTAC, interests
likely to be significantly affected by the
rule, proposed various organizations for
membership, and explained how a
person may apply or nominate another
person for membership on the
committee, as required by the
Negotiated Rulemaking Act. The
FMCSA solicited public comment on
the proposal to establish the committee
and the proposed membership of the
negotiated rulemaking committee. The
FMCSA considered the comments and
applications submitted, and determined
that a negotiated rulemaking committee
could adequately represent the interests
that would be significantly affected by
a proposed rule, and that it was feasible
and appropriate to establish the

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ELDTAC. Next, FMCSA established a
charter under the Federal Advisory
Committee Act, 5 U.S.C. App. 2, under
which it subsequently convened the
ELDTAC (79 FR 73273, 73275).
On February 12, 2015, the Agency
published a Federal Register notice
listing the ELDTAC member
organizations 6 as required by the
Negotiated Rulemaking Act (80 FR
7814). The ELDTAC, composed of
FMCSA and a cross-section of 25
representatives from motor carrier
transportation, highway safety, and
driver training organizations, met for six
two-day negotiating sessions starting in
February until reaching consensus in
May 2015. The ELDTAC meeting
minutes and other documentation are
available at www.eldtac.fmcsa.dot.gov
and in the docket for this rulemaking.
On March 10, 2015, the court in
Advocates II ordered that the petition
for writ of mandamus be held in
abeyance pending further order of the
court to permit the DOT to issue, by
September 30, 2016, final regulations
pursuant to MAP–21. Petitioners to the
lawsuit agreed to participate in the
negotiated rulemaking process to
collaborate on the drafting of an NPRM.
A consensus agreement of the
ELDTAC,7 including FMCSA as a party,
was reached on May 29, 2015. In this
NPRM, FMCSA has followed the
consensus agreement ‘‘to the maximum
extent possible consistent with its legal
obligations’’ (5 U.S.C 563 (a)(7)).
6 The ELDTAC members are: FMCSA, Advocates
for Highway and Auto Safety, American
Association of Motor Vehicle Administrators,
American Bus Association, Paraprofessional and
School-Related Personnel, American Federation of
Teachers (AFL–CIO), Amalgamated Transit Union
(AFL–CIO), American Trucking Associations,
Citizens for Reliable and Safe Highways,
Commercial Vehicle Safety Alliance, Commercial
Vehicle Training Association, Great West Casualty
Company, Greyhound Lines, Inc., International
Brotherhood of Teamsters, Massachusetts Registry
of Motor Vehicle Division, Massachusetts
Department of Transportation, National Association
of Publicly Funded Truck Driving Schools, National
Association of Small Trucking Companies, National
Association of State Directors of Pupil
Transportation Services, National School
Transportation Association, Owner-Operator
Independent Drivers Association, Professional
Truck Drivers Institute, Stevens Transport, Spoon
Trucking, Truckload Carriers Association, Truck
Safety Coalition, United Motorcoach Association,
and Women in Trucking.
7 http://www.fmcsa.dot.gov/eldtac (providing
comprehensive documentation regarding all
negotiated rulemaking meetings leading to the
consensus agreement, including committee ground
rules, ELDTAC members, agendas, meeting minutes
and working documents).

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ELDTAC Consensus Agreement
(Consensus Agreement) 8
At the ELDTAC’s final session in May
2015, the Committee unanimously
approved a final package of
recommendations, as set forth in the
Consensus Agreement, on which this
NPRM is based. The key terms/concepts
of the Consensus Agreement are:
• Beginning on the compliance date
of the rule, no ‘‘Entry-Level Driver’’ may
take a CDL skills test to receive a Class
A CDL, Class B CDL, Passenger Bus
endorsement, School Bus endorsement,
or Hazardous materials endorsement
unless he/she has successfully
completed a training program that (1) is
provided by a Training Provider who
appears on FMCSA’s TPR, and (2) is
appropriate to the license/endorsement
for which that person is applying.
• The ELDTAC approved proposed
curricula for Class A CDL, Class B CDL,
Passenger Bus endorsement, School Bus
endorsement, Hazardous materials
endorsement, and Refresher training.
• The ELDTAC approved proposed
curricula for Class A and Class B
training programs generally sub-divided
into theory and BTW segments, with
BTW driving occurring both on a
‘‘range’’ (any protected area not
involving a public road) or a public
road.
Æ Theory may be taught either online
or in a classroom. The ELDTAC agreed
not to propose prescribing the length of
time to be spent on theory/knowledge
instruction. The training provider
would administer a written knowledge
assessment, which would provide a
satisfactory test of competence in the
area of instruction.
Æ BTW instruction (range and road):
D Class A CDL trainees would be
required to receive a minimum of 30
hours of BTW with a minimum of 10
hours spent on a ‘‘range’’ (which may be
any suitable area not on public roads),
and 10 hours driving on a public road
or 10 public road trips (no less than 50
minutes each). A 50-minute training
session (‘‘academic hour’’) would count
as one hour for purposes of this
requirement. The training provider will
determine how the remaining 10 hours
of BTW training will be spent (i.e.,
whether on a range or public road, or
some combination of the two).
D Class B CDL trainees would be
required to receive a minimum of 15
hours of BTW (range and public road)
8 Written Statement of the Entry-Level Driver
Training Advisory Committee, Consensus
Recommendation on Rule for Minimum Training
Requirements for Entry-Level Commercial Motor
Vehicle Operators, Richard W. Parker, Facilitator,
June 15, 2015.

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driving, with a minimum of 7 hours of
road driving. Again, a 50-minute
training session (‘‘academic hour’’)
would count as one hour under this
requirement. Training providers may
determine how the remaining 8 hours of
BTW training are spent, as long as the
range curriculum, as set forth below, is
covered.
• These proposed requirements
would apply to individuals who obtain
the CLP on or after the compliance date.
However, the new requirements would
not apply to individuals—such as
military drivers— for whom 49 CFR part
383 gives States the discretion to waive
the CDL skills test. Any individual who
fails to obtain the CDL within 360 days
after obtaining a CLP would be required
to complete a full ELDT course again
following application for a new CLP.
• An individual holding a CDL that
has been canceled or revoked by the
State of issuance—and would thus be
required to re-take a State-administered
CDL exam—would not be required to retake a full ELDT course as a condition
of taking such exam. However, any
individual whose CDL has been
canceled or revoked for a highwaysafety related reason would be required
to complete refresher training from a
provider listed on the TPR prior to retaking the State CDL exam to re-instate
his or her CDL Class A or Class B
license.
• Once such refresher training is
completed, the training certificate
would be transmitted from the training
provider to FMCSA, and the Agency
would electronically transmit the
certificate to the SDLA via the
Commercial Driver’s License
Information System (CDLIS). The rule
would include an explicit requirement
for SDLAs to administer a CDL skills
test to these individuals, but only if
there is an electronic training certificate
on file with the SDLA.
• To become an FMCSA-registered
training provider, a person or institution
would have to meet the applicable
FMCSA’s Eligibility Requirements for
Training Providers, and complete and
submit (online) a Training Provider
Identification Report affirming under
penalties of perjury that such provider
will teach the FMCSA-prescribed
curriculum that is appropriate for that
license or endorsement and that such
provider meets the eligibility
requirements. Training providers that
meet these requirements would be
placed on FMCSA’s TPR.
• The ELDTAC approved two sets of
Eligibility Requirements that training
providers would meet in order to appear
on the TPR. One set of proposed
requirements would apply to in-house

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or school training providers that train,
or expect to train, more than three
drivers per year, while the other would
pertain to small business or for-hire
training providers that train, or expect
to train, three or fewer drivers per year.
All training providers would complete
the Training Provider Identification
Report as part of their application for
registration.
• The ELDTAC agreed that theory and
BTW training may be delivered by
separate providers.
• The ELDTAC approved FMCSA’s
draft regulatory text setting forth the
general requirements for training
providers listed on FMCSA’s TPR.
• The compliance date of the rule
would be three years from the effective
date of the final rule.
Although the ELDTAC approved the
consensus agreement unanimously, two
parties formally dissented (as permitted
by the ground rules for the negotiated
rulemaking) on a single issue, requiring
a minimum number of hours for BTW
(range and road) for Class A training. A
more detailed discussion of the
ELDTAC’s deliberations regarding the
hours-based approach for BTW,
including the dissenting comments, is
provided below in the ‘‘General
Discussion of the Proposal’’ section.

Requirements for Driver Qualification
Files.
ELDTAC reviewed and commented on
a draft version of the Training Provider
Identification Report [to be attached as
an Appendix] to be used by training
providers seeking to be listed on the
TPR. The Agency made minor changes
to the design and content of the form to
reflect the comments received during
the ELDTAC’s deliberations.

Necessary Conforming Changes Made by
the Agency
After the Agency began using the
consensus of the Committee to form the
basis of the proposed rule, the Agency
found that there was a need for certain
conforming changes. These include:
• State reinstatement of a CDL for the
BTW portion of refresher training.
• A disqualification for refresher
training.
• Use of a written assessment by
training providers that provide theory
training to three or fewer driver-trainees
annually.
• Changes made to hazardous
materials endorsement curriculum to be
consistent with existing regulations.
• Other non-substantive or editorial
changes.
The Agency proposes a conforming
change related to the refresher training
Issues Left to the Agency’s Discretion by curriculum, which includes a BTW
component. The completion of the BTW
ELDTAC
portion of the refresher training
Several items were discussed by the
implicitly requires that driver-trainees
Committee, but left to the Agency’s
be licensed to drive a CMV on a range
discretion. These include:
or public road. Accordingly, we propose
• The impact of serious traffic
that if a CDL holder has been
violations on an individual’s eligibility
disqualified from operating a CMV
to be a BTW training instructor.
under § 383.51(b) through (e), the State
• Required record retention period for would reinstate the driver-trainee’s CDL
training providers listed on the TPR.
solely for the limited purpose of
• Finalizing the Training Provider
completing the BTW portion of the
Identification Report requirements.
refresher training curriculum in
The Committee agreed that a BTW
§ 380.625. The State may not restore full
training instructor’s driving record is
CMV driving privileges until the
relevant to his or her overall
disqualification period is completed and
qualification, but left to FMCSA the
the State receives notification, through
decision on how long he or she must
the process described below, that the
have a ‘‘clean’’ driving record.
driver successfully completed refresher
Accordingly, BTW training instructors,
training. FMCSA specifically invites
during the two years prior to engaging
comment on the practical implications
in BTW instruction, must not have had
of implementing this proposed
any CMV-related convictions for the
requirement.
offenses identified in § 383.51(b)
The Agency modified the ELDTAC
through (e). FMCSA invites comment on language concerning when a CDL holder
this proposed driver training
would be required to take refresher
qualification.
training. In lieu of the revocation or
cancelation of a CDL for highway safety
ELDTAC briefly discussed how long
related reasons by the State of issuance
training providers would be required to
as a trigger for refresher training, the
retain training records, but ultimately
Agency proposes a disqualification
left the decision to the Agency. FMCSA
under § 383.51(b) through (e) as the sole
proposes that the records be kept for
standard for requiring refresher training.
three years after the date they are
This change would ensure consistency
created, consistent with the retention
among the States in determining when
requirements in § 391.51(d), General

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refresher training is required. FMCSA is
using this criteria for both when a CDL
holder is required to take refresher
training and for determining the
qualification of a BTW instructor. The
Agency requests comments on these
changes. Additionally, FMCSA invites
comment on whether a driver
disqualified under § 383.52 should also
be required to complete refresher
training before his or her CDL is
reinstated.
In reviewing the supporting
documentation for the consensus
agreement, FMCSA noted that training
providers that provide theory training to
three or fewer driver-trainees annually
are not explicitly required to assess the
driver-trainee’s knowledge proficiency
by using a written or electronic format
(see annex 8, page 53 of the Consensus
Agreement). The Agency believes,
however, that a written or electronic
assessment of a driver-trainee’s
proficiency by all training providers is
necessary in order to create a record
verifying that the training provider
followed the applicable theory
curriculum requirements; therefore, it
includes this requirement in the NPRM.
The Agency requests comment on this
proposed clarification.
FMCSA also revised the description
of training providers who train or expect
to train three or fewer driver-trainees
per year by deleting ‘‘small business or
for-hire’’ but maintained the general
concept as developed by the ELDTAC.
We concluded that the deleted language
detracted from the clear ‘‘dividing-line’’
between training entities established by
the ELDTAC: Those entities that train
three or fewer driver-trainees or those
that train more than three.
Additionally, FMCSA made editorial
changes to certain units in the H
endorsement curriculum. The Agency
changed the name of the ‘‘Cargo Tank’’
unit to ‘‘Bulk Packages’’; and edited the
‘‘Loading and Unloading HM’’ unit to
more accurately reflect the range of
transportation containers addressed in
current regulations (49 CFR part 177).
The six driver training curricula
proposed in this NPRM were drafted by
the ELDTAC. The Agency made nonsubstantive conforming editorial
changes to certain portions of the
curricula solely for purposes of clarity
and consistency or to eliminate
duplication. For example, the ‘‘accident
procedures’’ unit of the Class A and B
curricula has been removed because all
of the requirements are set forth in the
‘‘post-crash procedures’’ units of those
same curricula.

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VI. General Discussion of the Proposal
MAP–21 mandated that the FMCSA
issue regulations to establish minimum
entry-level training requirements for all
initial interstate and intrastate CDL
applicants, CDL holders seeking license
upgrades, and those seeking passenger
(P) or hazardous materials (H)
endorsements. These proposed
regulations would address the
knowledge and/or skills training
required for these CMV drivers.
Additionally, this rulemaking would
propose new Federal standards that
training providers would meet in order
to be eligible to deliver ELDT. Finally,
while not specifically required by MAP–
21, the NPRM reflects the ELDTAC’s
consensus that both refresher training
and school bus (S) endorsement training
should be required when appropriate.
In this NPRM, FMCSA proposes a
definition of an ‘‘Entry-Level Driver,’’ a
person who must complete the CDL
skills test requirements, and focuses on
drivers who intend to drive CMVs in
interstate and/or intrastate commerce.
Generally, military drivers are excepted,
and farmers and firefighters are eligible
to be excepted from current CDL
requirements under § 383.3(c) and (d),
respectively. These drivers would
continue to be excepted under this
proposed rule.
The proposed rule also applies to
entities that train CDL applicants. Such
providers would, at a minimum, offer
and teach a driver training curriculum
that meets all FMCSA standards as set
forth in the NPRM. Furthermore,
entities would meet and attest to their
compliance with the eligibility
requirements set forth in subpart G of
part 380. These proposed requirements
address the following areas: Course
administration; instructional personnel
qualifications; training vehicles; training
facilities (e.g., classroom and range); and
curricula and proficiency assessment.
Training providers meeting these
requirements would be eligible for
listing on FMCSA’s TPR. These
providers would continue to meet the
required criteria in order to remain
listed on the TPR. In addition, training
providers would, at FMCSA’s request,
be required to supply documentary
evidence to verify their compliance with
the eligibility requirements. The NPRM
also proposes an administrative process
for providers removed from or
reinstated to the TPR.
The NPRM proposes a Class A CDL
core curriculum; a Class B CDL core
curriculum; three specific endorsement
training curricula: Hazardous materials
(H), passenger bus (P), and school bus
(S); and a ‘‘refresher’’ training

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curriculum. The core curricula for Class
A and Class B CDL training programs
subdivide into theory and BTW (range
and public road). For those individuals
seeking H, P, or S endorsements on their
CDL, the appropriate training
curriculum would be required. The
proposed P and S training curricula are
also divided into theory and BTW
(range and public road) training. The H
endorsement training curriculum is
proposed as theory-only training
because there is no CDL skills test
currently required for those seeking an
H endorsement. The NPRM does not
propose that any minimum number of
hours be spent by driver-trainees in
completing the theory portion of any of
the individual curricula, nor does it
propose that any minimum number of
hours be spent completing the non-BTW
portion (e.g., pre-trip inspection) of the
range training. However, training
providers would provide instruction on
all elements of the applicable
curriculum. The driver-trainee’s
successful completion of the
appropriate curricula would be
required, which includes achieving an
overall score of at least 80% on the
assessment administered by the training
provider.
As proposed, a CDL holder who has
been disqualified from operating a CMV
would need to successfully complete
refresher training requirements before
applying for reinstatement of their CDL.
Similar to the other curricula, the
refresher curriculum is broken down
into the categories of theory and BTW
(range and public road) training;
however, the NPRM does not propose
that a minimum number of hours be
required to complete any portion of the
refresher curriculum. As noted above,
the Agency proposes that SDLAs issue
limited CDL privileges for persons
seeking to become reinstated, solely for
the purpose of allowing the driver to
complete the BTW portion of the
refresher curriculum.
The NPRM describes factors that
would justify FMCSA’s removal of a
training entity from the TPR. The
proposal sets forth procedures the
Agency would follow before an entity
can be removed from the TPR, as well
as procedures that the training entities
would follow in order to challenge a
proposed removal.
This NPRM also proposes that
training providers would electronically
notify the TPR that driver-trainees have
completed training by the close of the
next business day. There would be no
limit on the number of training
certifications a provider may submit to
the TPR at one time, so long as each
individual driver-trainee’s successful

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completion of his or her training is
certified separately. The submission of
documentation would ensure that each
individual received the required
training from a provider listed on the
TPR prior to applying for the CDL and/
or an applicable endorsement.
The proposed compliance date for
this rule is three years after the effective
date of the final rule. The Agency
believes the three-year phase-in period
would give the States enough time to (1)
pass implementing legislation and/or
regulations as necessary; (2) modify
their information systems to begin
recording the training provider’s
certification information into CDLIS and
onto the driver’s CDL record; and (3)
begin making that information available
to other States through CDLIS. The
three-year phase-in period would also
allow ample time for the CMV driver
training industry to develop and begin
offering training programs that meet the
requirements for listing on the TPR.
Dissenting Views From ELDTAC
Members
While two ELDTAC members, the
American Trucking Associations (ATA)
and the National Association of Small
Trucking Companies (NASTC), voted in
favor of the unanimously approved
consensus agreement as a whole, they
disagreed with the other members of the
ELDTAC that a minimum number of
hours of BTW training should be
prescribed for the Class A CDL. The
statute, as noted previously, mandates
some amount of BTW training, but it
does not prescribe how much, nor does
it state whether the minimum amount of
BTW training be expressed in hours.
ATA cited two reasons for its
disagreement with the consensus
approach on minimum hours of BTW
training. First, ATA argued that the
hours-based proposal lacks a scientific
basis. ATA cited a 2008 report from the
American Transportation Research
Institute (ATRI) that concluded that ‘‘no
relationship is evident between total
training program contact hours and
driver safety events when other factors
such as age and length of employment
are held constant.’’ ATA claimed,
therefore, that a proposal prescribing a
minimum number of BTW training
hours was ‘‘arbitrary.’’ 9 NASTC agreed
with this conclusion in its dissent.10
FMCSA notes that the ATRI study did
not rely on a representative sample of
either motor carriers or new entrant
drivers. The Agency therefore does not
9 ATA Letter to Richard Parker, ELDTAC
Facilitator, June 15, 2015.
10 NASTC Statement for the Record of the
ELDTAC, Rationale for Vote on Hours Requirement
for Behind-the-Wheel Training June 15, 2015.

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view the ATRI report’s conclusion
regarding the BTW training requirement
as definitive for purposes of this NPRM.
However, FMCSA does not have
scientific evidence that would suggest
that an hours-based requirement
improves safety.
Throughout the ELDTAC’s
deliberations, the need for correlative
data pertaining to the effectiveness of
any form of ELDT (either the hoursbased or the purely ‘‘performancebased’’ approach favored by ATA and
NASTC) was repeatedly acknowledged.
But while some participants offered data
in response to the request of the
ELDTAC’s Data Needs/Cost Benefit
Analysis Work Group, none of those
submissions included safety benefit data
that could be utilized in support of this
proposal. However, as discussed in the
RIA, there was significant information
about existing driver training programs
carried out by motor carriers and others
that include substantial BTW training.
The use of these programs to train a
substantial number of CDL holders
strongly supports the need for and
desirability of establishing minimum
BTW hours requirements in the
proposed rule.
ATA’s second argument was that
using an hours-based approach is
contrary to the ‘‘performance-based’’
approaches favored in Executive Orders
12866 and 13563, as well as the Office
of Management and Budget’s guidance
(OMB Circular A–4, September 17,
2003). FMCSA does not believe that the
consensus proposal contravenes
Executive Order 12866, Section 1 (b)(8),
directive that ‘‘[e]ach agency shall
identify and assess alternative forms of
regulation and shall, to the extent
feasible, specify performance objective,
rather than specifying the behavior or
manner of compliance that regulated
entities must adopt’’ (emphasis added).
As the discussion in the ‘‘alternatives
considered’’ section makes clear, the
ELDTAC identified and assessed
different approaches to driver training
for Class A CDLs. As discussed below,
ultimately the ELDTAC adopted a
hybrid approach that combines a
required minimum number of BTW
hours (range and public road) for Class
A and Class B CDLs only, with a
prescribed theory curriculum for which
no minimum number of hours is
required, while also incorporating
‘‘performance-based’’ elements, such as
reliance on demonstrated outcomes. The
approach presented in this NPRM,
therefore reflects the consensus of
ELDTAC representatives that
performance objectives be specified ‘‘to
the extent feasible’’.

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Although there are a required
minimum number of BTW hours
prescribed in this NPRM, FMCSA
believes that many of the other
provisions included are consistent with
Executive Order 12866’s emphasis on
performance objectives, as illustrated by
the level of discretion that instructors
have when assessing the performance of
individual driver-trainees. The NPRM
proposes that instructors maintain
significant flexibility, within the total
number of hours required for BTW
training in the Class A and B CDL
curricula, to allot more or less time to
specific elements of the training
according to the instructor’s evaluation
of the trainee’s demonstrated
performance of required skills. For
example, the NPRM permits instructors
in the Class A curriculum complete
discretion to determine how 10 hours
(of the total required 30 hours) will be
allocated, including whether those
hours should be spent on the driving
range or on a public road (or some
combination of the two), as well as
which specific driving maneuvers
require further training. This level of
instructional discretion, based entirely
the trainee’s demonstrated skill
proficiency, permits BTW training to be
tailored to the needs of the individual.
This hybrid approach thus emphasizes
the achievement of performance
objectives, while also assuring that a
reasonable amount of time will be spent
on BTW training.
As further discussed below, the
ELDTAC consensus process vetted all
available evidence and alternatives. We
further note that FMCSA’s reliance on
the consensus agreement ‘‘as the basis’’
for this proposal is required by the
Negotiated Rulemaking Act (5 U.S.C.
563(a)(7)) and the ELDTAC Ground
Rules (Section (3)(a)).
Alternatives Considered
As noted above, the Agency is bound
to propose in this NPRM the ELDTAC’s
consensus package for notice and
comment to the maximum extent
possible consistent with its legal
obligations. The preferred alternatives
agreed upon as a package are outlined
in the Written Statement from ELDTAC
facilitator (docketed at FMCSA–2007–
27748). But as discussed in the analysis
of alternatives below, several other
options were considered for some of the
regulatory provisions being proposed.
Due to our legal obligation to propose
the consensus package, we provide
relatively more analysis of the
provisions adopted in the consensus
package compared to the alternatives
that were considered, but ultimately
rejected, by the ELDTAC. As further

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discussed in the RIA, FMCSA provides
some analytical assumptions about
these alternatives, as compared to the
alternatives ultimately proposed, as a
basis for comparison. For example,
some of the provisions rejected by the
ELDTAC were opposed by industry
based on cost considerations. We seek
comment on the economic and
analytical assumptions utilized to
compare the alternatives considered to
the approaches proposed in this NPRM.
‘‘Performance-Based’’ Versus HoursBased Approach to ELDT
As previously noted, the issue of a
‘‘performance-based’’ approach to BTW
training versus an approach requiring
that a minimum number of hours be
spent in BTW training was the most
thoroughly debated issue within the
ELDTAC.11 The ELDTAC facilitator
framed the discussion as the ‘‘major
challenge’’ confronting the Committee.
The Agency has considered this issue
for many years, both in studies, such as
the Adequacy Report, and in connection
with prior rulemakings, such as the
2007 NPRM (72 FR 73226, 73229).
One of the difficulties surrounding
the resolution of this question is that the
term ‘‘performance-based’’ is subject to
multiple interpretations. In response to
the 2007 NPRM, which proposed a
minimum number of hours for BTW
training, FMCSA received numerous
comments addressing the pros and cons
of ‘‘performance-based’’ training. These
comments made clear that various
parties interpreted the term
‘‘performance-based’’ differently. For
some commenters, it was a measure of
the achievement of specific learning
objectives with instructor flexibility,
while other commenters thought the
term simply meant that students could
learn at their own pace. At least one
commenter believed that the term
indicated that no detailed curricula
would be followed. Many commenters
understood that a performance-based
training system would allow proficient
students to ‘‘test out’’ of an otherwise
required curriculum. The ELDTAC’s
discussions also revealed a lack of
common understanding of the term,
although Committee members generally
agreed that it did not include a
minimum-hours requirement.
Given the lack of industry consensus
on the precise meaning of the term
‘‘performance-based,’’ the Agency hopes
to avoid further confusion by not using
it in this NPRM. However, by requiring
that driver-trainees achieve specific
performance objectives in both the
11 ELDTAC Meeting Minutes: March 19–20; April
9–10; May 14–15; May 28–29, 2015.

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theory and BTW portions of the
training, this proposal does incorporate
key elements of a ‘‘performance-based’’
approach by relying on demonstrated
outcomes.
The proposed curricula in the NPRM
sets forth prescriptive elements of each
individual curriculum (including BTW
vehicle maneuvers on both range and
public road), all of which must be
taught and assessed. Other than BTW
(range and public road) training for the
Class A and B CDL, discussed below,
there are no required minimum hours
that driver-trainees must spend to
complete the applicable curricula. The
NPRM reflects the Committee’s
consensus that detailed curriculum
requirements, combined with a
prescribed means of performance
assessment in the theory and BTW
portions of the curricula, are necessary
to ensure both adequacy and uniformity
of the minimum ELDT training
mandated by MAP–21.
This approach prevents individual
driver-trainees from ‘‘testing out’’ of any
applicable training curriculums. The
NPRM requires that, for the theory
portion of the training, all elements of
each curriculum be taught and a
representative portion of each learning
unit be assessed by written or electronic
means. Driver-trainees must achieve a
proficiency rate of at least 80 percent. In
the case of BTW training, the ELDTAC
first developed a detailed curriculum for
Class A and B CDLs. The committee
subsequently determined the minimum
number of hours necessary to complete
the prescribed curricula. A drivertrainee’s competence will be evaluated
by the training instructor who is
observing the driver-trainees while they
are in direct control of the CMV when
performing the required elements of the
BTW curriculum (noted below) for both
range and public road driving. All
required driving maneuvers must be
performed to the satisfaction of the
instructor and the required minimum
number of hours for Class A and Class
B CDLs must be logged. However, as
noted above, the instructor has
considerable discretion in determining
how the required training time will be
spent by each driver-trainee.
FMCSA believes that BTW training
for entry-level drivers is uniquely suited
to an hours-based approach because it
ensures that driver-trainees will obtain
the basic safe driving skills necessary to
obtain a Class A or Class B CDL and to
operate their vehicles safely—skills that
can only be obtained after spending a
reasonable amount of time actually
driving a CMV. All but two members of
the ELDT supported this approach;
safety experts on the committee

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considered it a requisite element of any
meaningful effort to establish an ELDT
protocol at the federal level. Notably,
Committee members representing the
professional training industry stated
repeatedly that, when it comes to the
proficient operation of a CMV, there is
simply no substitute for experience. The
proposed BTW hours requirement is
intended to ensure that driver-trainees
receive a minimum level of that
experience.
Further, FMCSA notes that this
relatively modest hours-based approach
proposed for BTW range training is
coupled with required driving exercises
that would provide driver-trainees with
the opportunity to master basic
maneuvers identified in the American
Association of Motor Vehicle
Administrators (AAMVA)12 Commercial
Driver License Manual as well as 49
CFR 383.111 and 383.113. These BTW
range maneuvers include: Straight line
backing, alley dock-backing, off-set
backing, parallel parking (blind side),
and parallel parking (sight side). The
public road portion of BTW training for
the Class A and Class B CDL is also
coupled with specified driving
competencies that the driver-trainees
would be required to master, such as
vehicle controls (left and right turns,
lane changes, curves at highway
speeds), shifting/transmission,
communication/signaling, visual search,
speed and space management, and other
safe driving behaviors.
The ELDTAC gave extensive
consideration to each driver-trainee
correctly performing these key driving
skills 5 times for Class A drivers (fewer
times in the case of Class B), and having
the training provider maintain written
documentation of such performance in
a ‘‘Master Trip Sheet’’ or some
comparable document. Ultimately, the
ELDTAC decided not to adopt this
option—either in addition to, or in lieu
of, a minimum number of hours of BTW
training requirement. Instead, the
ELDTAC recommended that FMCSA
provide post-rule guidance on the use of
a ‘‘trip sheet’’ as an illustrative method
by which BTW training may be
documented.
In the Agency’s judgment, a hybrid
approach combining minimum BTW
hours requirement with detailed
curriculum requirements is the best way
to ensure that drivers will be adequately
trained in the safe operation of Class A
and Class B CMVs. This approach is
also consistent with the
recommendation included in the June
12 The ELDTAC committee endorsed this manual
as the basis for the range and road training. FMCSA
has docketed this material.

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17, 2013, MCSAC Task 13–01 Report,
‘‘Recommendations on Minimum
Training Requirements for Entry-Level
Commercial Motor Vehicle (CMV)
Operators’’, which stated that ‘‘the
majority of the group. . .believes that
FMCSA should mandate both some
minimum behind-the-wheel training
hours, along with performance-based
requirements that achieve competency.’’
While two ELDTAC members
opposed any minimum hours
requirement for BTW training, several
members thought that the Consensus
Agreement, as reflected in this NPRM,
should have required a higher number
of BTW training hours for Class A and
B CDLs. Several ELDTAC members,
including the Commercial Vehicle
Training Association (CVTA), noted that
ELDT programs currently offered in a
variety of settings (e.g., community
colleges, institutional training
providers, motor carriers, etc.) generally
require more than the 30 BTW training
hours proposed. According to CVTA,
‘‘since quality trainers were and are
already training in excess of this
[proposed] amount of BTW time,
incorporating this BTW component
imposes little or no burden on any
individual trainer or training program
that is teaching the curriculum with the
diligence needed to produce safe
drivers.’’ 13 (emphasis added). For a
more expansive review of existing ELDT
program requirements, see the RIA.
Accordingly, we solicit comment on
whether any minimum number of BTW
hours should be required. If there is a
required minimum number of hours for
BTW training, we seek comment on
whether the number of BTW training
hours proposed in this NPRM should be
retained, lowered, or increased. Further,
because minimum hours are not
proposed for BTW training for the S and
P endorsements or for the refresher
training, we also solicit comment on
whether, and to what extent, a
minimum hours requirement should be
added to the BTW portions of those
curricula.
As previously noted, according to
some ELDTAC members and the
Agency’s own research, the minimum
hours requirement for BTW proposed in
this NPRM falls below the requirements
currently imposed by many driver
training programs. Some Committee
members expressed concern that this
proposal would cause existing training
providers to reduce their level of
training to reflect the proposed Federal
minimum standard. FMCSA does not
believe that will necessarily occur. In
13 CVTA letter to ELDTAC facilitator Richard
Parker, June 9, 2015.

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today’s training environment, in which
most States do not impose requirements
pertaining to ELDT training, one might
expect drivers to take only the bare
minimum necessary to pass the CDL
skills test. Yet that is not the case. As
discussed in the RIA, a substantial share
of driver trainees currently obtain
training, often paid for by the motor
carriers themselves, that exceeds the
requirements proposed by the NPRM.
The reason is that carriers and their
insurers have a vested interest in
putting drivers on the road that can
operate their CMVs safely and
efficiently and that the costs of such
programs are fully justified in light of
the benefits to the motor carriers and the
drivers themselves. In light of this
market-driven imperative, we do not
think it is reasonable to assume that
training providers would diminish the
scope or length of their training in
response to this NPRM.
Third-Party Accreditation Versus SelfCertification
The ELDTAC considered whether to
propose that ELDT programs subject to
this rule be accredited by third parties
recognized by, for example, ED or the
Council for Higher Education
Accreditation. Citing the cost and
potential administrative difficulties of
implementing a third-party
accreditation requirement, the
Committee rejected this approach in
favor of a self-certification process
whereby training providers would attest
that they meet specified eligibility
requirements for listing on the TPR. The
Committee approved the use of a
detailed application, the Training
Provider Identification Report
(described below in the Paperwork
Reduction Act section), designed to
capture that information.14 Training
providers listed on the TPR would be
subject to audit or investigation by
FMCSA and must, on request, produce
documentation establishing their
compliance with the eligibility
requirements. FMCSA intends to
provide post-rule guidance regarding
both suggested and required
documentation, including the forms of
documentation identified in Annexes 7
and 8 of the ELDTAC Consensus
Agreement.
This approach is consistent with the
MCSAC’s recommendation that, in lieu
of third-party accreditation, ELDT
programs rely on an approved
curriculum, quality assurance
requirements for training providers, and
a self-certification process to ensure a
14 ELDTAC

Meeting Minutes, April 9–10, 2015;
May 14–15, 2015.

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minimum level of program quality.15
Some ELDTAC members asserted that
the level of specificity of the new
proposed reporting requirements alone
could discourage unscrupulous training
providers from entering the training
field or from staying in the driver
training business. In addition, such
requirements would provide FMCSA
with information that might be used to
detect fraudulent training providers
who may subsequently be removed from
the TPR in accordance with the
procedures set forth in the NPRM, and
subject to other penalties.
ELDT Curricula
The Committee thoroughly
considered the skills components and
theory elements included in the six
curricula proposed in the NPRM. At the
outset, the ELDTAC agreed that the
FHWA Model Curriculum would form
the basis for initial discussions. The
entire ELDTAC made all final decisions
regarding curriculum content, based on
detailed proposals by curriculumspecific Work Groups, which were
revised and refined throughout the
Committee’s deliberations. FMCSA
intends to provide additional post-rule
guidance concerning available resources
which may be used to supplement the
required curricula, including those
resources specifically identified by the
ELDTAC: Pipeline and Hazardous
Materials Safety Administration
(PHMSA) basic HM awareness; 16
training for commercial drivers of cargo
tank motor vehicles transporting HM
created jointly by the FMCSA, PHMSA,
and industry partners; 17 and the North
American Fatigue Management Program
(NAFMP).18
Activities on the range training
consist of driving exercises that provide
practice for the development of basic
control skills and mastery of basic
maneuvers as set forth in the American
Association of Motor Vehicle
Administrators (AAMVA) manual on
how to operate a CMV safely. The
experience on the range provides the
groundwork for how to drive on the
road in real world situations. The
practicing of skills on the driving range
will ultimately make a trainee a better
driver. One example of a skill taught on
the range is shifting. This is a skill that
a trainee must master not only for
acquiring their CDL, but also when the
individual is operating on a public road
or highway. These maneuvers/training
15 MCSAC

Task 13–01 Report, pp. 4–5.

16 http://www.phmsa.dot.gov/hazmat/outreach-

training.
17 http://www.fmcsa.dot.gov/rolloverprevention.
18 http://www.nafmp.org.en/.

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topics are included in the road test that
a trainee will need to know and master
in order to pass this test and acquire
their CDL. To maintain maximum
flexibility, FMCSA did not propose that
a certain portion of the range training
needed to precede road training, but
expects that trainers will require the
completion of basic maneuvers in a
controlled environment before allowing
a student to operate on a public road.
FMCSA notes that ELDTAC did not
propose a curriculum for Class C CDL
training because a Class C vehicle, must,
by definition, be designed to transport
16 or more passengers (including the
driver) or any hazardous materials as
defined in 49 CFR 383.5. As such, the
Class C driver needs either a P or an H
endorsement, and this NPRM proposes
training curricula for both of those
endorsements. Class C training is
therefore effectively covered by the
proposed endorsement training.
FMCSA seeks comment on the scope
and content of the proposed curricula.
For example, FMCSA is aware that some
carriers and owner-operators utilize
CMVs equipped only with an automatic
transmission. In the proposed curricula
for Classes A and B, shifting/
transmission is a required element of
both theory and BTW components of the
training. We invite comment on whether
there should be an option to forego this
element of the training for drivertrainees who intend to operate CMVs
equipped only with automatic
transmissions. Currently, for drivers
who take their CDL skills tests in a CMV
equipped with an automatic
transmission, the State must indicate on
the CDL that the person is restricted
from operating a CMV with a manual
transmission (49 CFR 383.95(c)(1)).
FMCSA seeks comment on whether
the hazardous material regulations
(HMR) training in 49 CFR 172.704 could
be used or modified to satisfy the H
endorsement training in this proposed
rule.
Data
One of the most significant challenges
faced by both FMCSA and ELDTAC is
the limited quantitative or qualitative
data correlating the provision of any
type of ELDT with positive safety
outcomes, such as crash reduction.
During the ELDTAC deliberations, a
Data Needs/Cost Benefit Analysis Work
Group was formed in order to focus
specifically on identifying and gathering
relevant data. Although some members
of the Work Group submitted
information in response to the data
needs outlined by FMCSA’s economists
at the outset of the ELDTAC’s
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requests, none of the data provided was
statistically adequate for use in this
rulemaking analysis. The Agency seeks
comment, for example, on whether the
insurance industry provides discounted
premiums to carriers who train entrylevel drivers, or who employ entry-level
drivers who have received training
elsewhere (e.g., from a community
college or independent training school).
The specific data needs related to this
proposal, as well as the efforts FMCSA
made to obtain data throughout the
ELDTAC deliberations, are discussed in
the RIA.
Impact of the NPRM on Small Training
Provider Entities
During its deliberations, ELDTAC
worked to ensure that the proposed rule
would not be unduly burdensome to
small entities that provide ELDT. The
small business representatives on the
ELDTAC provided valuable
contributions in this regard. Based on
their input, there are several regulatory
elements in today’s proposal tailored
specifically to meet the needs of small
training provider entities.
First, the Committee decided not to
propose that any training entity
maintain its own designated driving
range. Instead, the NPRM sets forth the
proposed elements that any area would
meet in order to be suitable for range
training. This approach provides the
flexibility for small training entities to
use publicly available areas, such as
office building or mall parking lots
during ‘‘off’’ hours for range training, so
long as the basic definitional
requirements (e.g., range area must be
free of obstructions and permit adequate
sight lines) are met. The Agency
requests comments on the practicability
of this proposed approach. FMCSA
notes that if training is done in a
publicly accessible area such as a mall
parking lot, all CLP requirements apply.
Second, the Committee considered
proposing requirements pertaining to
classroom facilities used for teaching
the theory portion of the curricula, such
as adequate ventilation, adequate space
per driver-trainees, etc. However, in
deference to the concerns of small
training providers, the Committee
ultimately chose not to propose any
standards in this NPRM regarding the
physical learning environment for
theory training. We note, however, that
it is outside the scope of this proposal,
as well as FMCSA’s authority and the
ELDTAC’s jurisdiction, to propose any
changes in classroom facility
requirements currently imposed at the
local, State, or Federal levels.
Third, this proposal reflects the
ELDTAC’s intent to impose fewer

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eligibility requirements regarding the
instructional personnel of training
providers who train, or expect to train,
three or fewer entry-level drivers per
year. For example, while instructors
affiliated with these providers must
have a valid CDL of the appropriate or
higher class and endorsements required
to operate the CMVs for which training
is provided, plus at least one year of
driving experience in those vehicles,
they would not be required to have
completed training in the on-road
portion of the curriculum in which they
are instructing (a requirement that is
imposed on instructors affiliated with
providers training more than three
drivers per year).
Finally, ELDTAC decided not to
propose that these small training
entities provide written training
materials addressing the various
curricula elements proposed in this
NPRM, in an effort to lessen the
administrative burden on such entities.
Based on the Agency’s review of
supporting documents to the consensus
agreement, we infer that the Committee
also intended to exempt instructors
affiliated with providers training three
or fewer drivers per year from State
requirements currently applicable to
CMV instructors. We note, however that
the Agency has no legal authority to do
so.
Further, the Agency notes the relative
ease with which all training providers,
regardless of size, would be able to
apply for and obtain listing on the TPR.
The process would be entirely
electronic, eliminating any need for
paperwork. Listing on the TPR would be
accomplished solely by the training
providers’ completion of the FMCSA
Entry-Level Driver Training Provider
Identification Report; there is no
separate requirement that the training
provider be accredited by a third-party.
In declining to impose such a
requirement, the Committee specifically
cited the costs associated with thirdparty accreditation and the
disproportionate impact of such a
requirement on small training providers.
In addition, the certification that a
driver has completed training would
also be accomplished electronically.
The Agency seeks comment from
small business entities regarding any
specific changes to the NPRM that
would further lessen the regulatory
burden imposed by these training
requirements.

The Agency specifically seeks
comments on the following topics.
1. Is there any additional data on the
safety benefits of requiring ELDT
training that you can provide (e.g.
demonstrated crash reduction as a result
of training)?
2. As proposed, would the training be
effective in improving safety? If so, what
aspects of the proposal would be
effective in improving safety? If not,
how could the training be delivered
more effectively than proposed?
3. Is there any duplication in the
commercial learner’s permit exam and
ELDT theory training? If yes, should it
be eliminated or minimized?
4. FMCSA proposed a specific
number of required hours for the BTW
training for Class A and B. First, should
there be a required number of BTW
hours for these two programs? If so, is
FMCSA’s proposal for 30 hours (Class
A) and 15 hours (Class B) appropriate?
5. If there is not a required number of
behind the wheel hours, what
alternative would be appropriate to
ensure adequate BTW training for Class
A and B? Would a requirement that is
expressed in terms of outcomes rather
than specifying the means to those ends
be more appropriate?
6. FMCSA allowed training providers
flexibility by using either clock-hours or
academic hours depending on the type
of entity that offers the training (e.g.
community college vice carrier provided
trainer). FMCSA requests comment on
whether training providers should be
allowed to use academic hours versus
clock-hours. Furthermore, FMCSA asks
for input regarding whether there is a
discernable difference between the two
concepts.
7. MAP–21 did not mandate that
FMCSA include the ‘‘S’’ endorsement as
part of the required training. Given the
devastating consequences of unsafe
school bus operation, should the ‘‘S’’
endorsement training be retained in the
final rule?
8. The Agency did not propose that
the theory, BTW range, and BTW public
road training occur in a specific
sequence in order to allow training
providers the flexibility to determine
how they would structure their
programs. FMCSA requests comment on
whether there should be a particular
order associated with the theory, BTW
range, and BTW public road curricula.

Major Issues on Which the Agency
Seeks Comment

Subpart E of Part 380

FMCSA has requested comment on
several issues throughout this section.

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Section-by-Section Explanation of the
Proposed Changes
Subpart E would be retitled as
‘‘Subpart E—Entry-Level Driver
Training Requirements Before [DATE 3

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YEARS AFTER THE EFFECTIVE DATE
OF THE FINAL RULE].’’ On the
compliance date of the final rule, this
subpart would be removed and reserved
and replaced by new subparts F and G.
New Subpart F of Part 380
The proposed entry-level driver
training requirements that would
replace those in current subpart E
would be titled ‘‘Subpart F—Entry-Level
Driver Training Requirements On and
After [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL
RULE].’’
§ 380.600 Compliance Date for
Training Requirements for Entry-Level
Drivers
This section states that the
compliance date would be three years
after the effective date of the final rule.

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§ 380.601 Purpose and Scope
This proposed section specifies that
Subpart F establishes requirements for
entry-level drivers, minimum
curriculum content, and standards for
training providers. Proposed § 380.601
further specifies that the term ‘‘ELDT’’
applies only to individuals initially
applying for a CDL or for a CDL upgrade
and does not otherwise amend
substantive CDL requirements in parts
383 and 384 beyond the changes
authorized by MAP–21.
§ 380.603 Applicability
This proposed section explains that
ELDT applies to all entry-level drivers,
defined in this subpart, who intend to
drive CMVs, as defined in § 383.5, in
interstate and/or intrastate commerce.
This section specifically excludes from
its scope drivers excepted under
§ 383.3(c), (d), and (h), and those drivers
applying for a restricted CDL under
§ 383.3(e) through (g). These exceptions
cover many groups of drivers, including
military drivers, farmers, and
firefighters; veterans with military CMV
experience who meet all the
requirements and conditions of
§ 383.77; or applicants seeking restricted
CDLs from Alaska, farm-related service
industries, and the pyrotechnics
industry. This proposal applies only to
those individuals who, upon the
compliance date, would need to obtain
a CDL (or a CDL upgrade or
endorsement) and does not otherwise
amend substantive CDL requirements in
parts 383 and 384.
Veterans with military CMV
experience who meet all the
requirements and conditions of § 383.77
would be excepted if the State waives
the skills test, though they would still
need to take the State’s written test.

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These requirements apply to individuals
who obtain the CLP on or after the
compliance date. Any individual who
fails to obtain the CDL within 360 days
after obtaining a CLP would be required
to complete a full ELDT course
following application for a new CLP.
Once an entry-level driver receives
training certification qualifying him or
her to take the CDL skills test and/or the
applicable endorsement skills test for
the first time, the person is not required
to obtain such certification again.
However, if a CDL holder is disqualified
from operating a CMV, a driver must
take refresher training, as set forth in
§ 380.625, before reapplying for a CDL
or endorsement.
§ 380.605

Definitions

FMCSA created a new definition for
this subpart for behind-the-wheel (BTW)
instructor, behind-the-wheel (BTW)
range training, behind-the-wheel (BTW)
public road training, entry-level driver,
entry-level driver training, experienced
driver, range, refresher training, theory
instruction,19 theory instructor, and
training provider.
In the definition of ‘‘BTW instructor’’
the Committee agreed to the
requirement of 1 year of CMV
experience driving or 1 year or
experience as a BTW instructor. The
Consensus Agreement included a
statement that 2 or more years of such
experience ‘‘is preferable.’’ 20 The
Committee agreed that FMCSA should
solicit comment on whether the twoyear requirement would affect the
applicability of State laws relating to
instructors or training providers.
§ 380.609 Entry-Level Driver Training
Requirements
This proposed section explains in
detail that an applicant for a CDL must
complete training that meets the
applicable requirements for the CDL
class and endorsements (i.e., Class A,
Class B, passenger, school bus, or
hazardous materials) from a provider
listed on FMCSA’s TPR. Paragraph (c)
provides that CDL holders who are
disqualified from operating a CMV,
must complete refresher training from a
training provider listed on the TPR.
19 The Agency anticipates that online theory
training providers will enter the training market
after publication of a final rule (the NPRM permits
theory and BTW training to be provided by separate
entities). We expect that online training will
represent a lower cost and less time-consuming
option than the traditional classroom setting,
lessening the burden on driver-trainees.
20 Consensus Agreement, pg. 46, footnote 3.

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§ 380.611 Entry-Level Driver Training
Provider Requirements
This proposed section states that
training providers must, at a minimum,
meet the requirements of part 380
subpart G, and these training providers
must attest that they meet those
requirements. Upon request, training
providers must supply documentary
evidence to verify that they meet the
requirements in subpart G.
As proposed, training in the theory
and BTW portions of the curricula may
be offered by the same or different
training providers as long as the
provider is listed on the TPR. The
NPRM does not propose that the theory
and BTW portions of the curricula be
instructed in any particular order,
although ELDTAC members suggested
that the industry norm is that theory
training precedes BTW (range and
public road) training. If theory and BTW
training is received from separate
providers, FMCSA would not transmit
training certification to the SDLA until
it receives notice of successful
completion of both theory and BTW
(range and public road) training, when
applicable. The Agency requests
comment on whether the rule should
require that theory and BTW training be
taken sequentially and specifically
whether theory training should be
required before taking the Stateadministered written test to obtain a
CLP.
§ 380.613 Class A—CDL Training
Curriculum
This proposed section would require
drivers seeking a Class A CDL to
successfully complete the Class A
curriculum outlined in this section.
There is no minimum number of
instruction hours proposed for the
theory training, but the training
provider would cover all of the topics
set forth in the curriculum. The drivertrainees would also complete a
minimum of 30 hours of BTW training
with a minimum of 10 hours spent
driving on a range. Driving on a public
road would also be required, and Class
A CDL driver-trainees may fulfill this
requirement by either (1) driving 10
hours on a public road, or (2) 10 public
road trips (each no less than 50 minutes
in duration). The training provider will
determine how the remaining 10 hours
of BTW training will be spent (i.e.,
whether on a range or public road, or
some combination of the two). The
mandatory minimum number of hours
of BTW training would be conducted in
a CMV for which a Class A CDL would
be required.

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§ 380.615 Class B—CDL Training
Curriculum
This proposed section would require
drivers seeking a Class B CDL to
complete the Class B curriculum
outlined in this section. No minimum
number of instruction hours for theory
training is proposed, but the training
provider would cover all of the topics
set forth in the curriculum. The drivertrainees would also complete a
minimum of 15 hours of BTW driving
training, with a minimum of 7 hours of
public road driving. Training providers
may determine how the remaining 8
hours of BTW training are spent, as long
as the range curriculum, as set forth
below, is covered. The mandatory
minimum number of hours of BTW
driving training would be conducted in
a CMV for which a Class B CDL would
be required.
§ 380.619 Passenger Endorsement
Training Curriculum
This proposed section sets forth the
proposed training requirements and
curriculum for CMV drivers seeking a
passenger (P) endorsement. As
proposed, there is no minimum number
of instruction hours for the theory and
BTW (range and public road) portions of
the P endorsement training, but the
training provider would cover all of the
topics set forth in the curriculum. The
training would be conducted in a
representative vehicle for the P
endorsement.
§ 380.621 School Bus Endorsement
Training Curriculum
FMCSA proposes a curriculum to
address the specific training needs of a
CMV driver seeking an S endorsement
on a CDL. As proposed, there is no
minimum number of hours for the
theory and BTW (range and public road)
portions of the S endorsement training,
but the training provider would cover
all of the topics set forth in the
curriculum. The training would be
conducted in a representative vehicle
for the S endorsement.

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§ 380.623 Hazardous materials
training curriculum
This proposed section sets forth the
training requirements and curriculum
for a CMV driver seeking a hazardous
materials (H) endorsement. As
proposed, there is no minimum number
of instruction hours for this training.
This proposed training would be theoryonly because the current CDL
requirement to obtain an H endorsement
does not include a skills test.

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§ 380.625 Refresher Training
Curriculum
This proposed section specifies the
refresher training for CDL holders who
are disqualified from operating a CMV
(49 CFR 383.51(b) through (e)). These
individuals would be required to
complete refresher training from a
provider listed on the TPR. As
proposed, there is no minimum number
of instruction hours for the theory and
BTW (range and public road) portions of
the refresher training, but the training
provider would cover all of the topics
set forth in the curriculum.
49 CFR Part 380, Subpart G Registry of
Entry-Level Driver Training Providers
§ 380.700 Scope
This proposed section establishes the
minimum qualifications for an entity to
be eligible for listing on the FMCSA
Training Provider Registry (TPR). The
TPR would be an online portal
administered by FMCSA allowing
training providers to register. The TPR
allows drivers seeking training to find
an eligible provider who meets their
needs.
§ 380.703 Requirements for Training
Provider Registry
This proposed section outlines the
requirements that a training provider
would meet in order to be eligible for
listing on the TPR. Training providers
would agree to follow the applicable
curriculum for the CDL class and/or
endorsement for which they provide
training. Additionally, the training
provider would utilize instructors,
facilities, and equipment that meet the
proposed requirements. Third, the
training provider would allow FMCSA
or its designated representative to
conduct audits or investigations to
ensure that the provider meets the
eligibility criteria for listing on the TPR.
Finally, the training provider would
complete the FMCSA Entry-Level Driver
Training Provider Identification Report
[See appendix for part 380], which
provides basic business information to
FMCSA and also includes an attestation,
under penalties of perjury, that the
provider meets all of the requirements
for listing on the TPR. This section also
provides that once a training provider
meets the requirements of §§ 380.703
and 380.707, the training provider
would receive a unique TPR number
from FMCSA for each separate training
location to be listed on the TPR.
§ 380.707 Entry-Level Training
Provider
This proposed section would require
that the training provider ensure that

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public road driver-trainees meet certain
Federal, State, and local rules and
regulations related to their ability to
obtain a CDL. This section reiterates that
training providers would follow the
applicable curriculum for the CDL class
or endorsement for which they provide
training. In addition, the training
provider would offer reasonable
assurance that driver-trainees can
demonstrate proficiency in the theory
and/or BTW (range and public road)
portions of the curriculum.
§ 380.709 Facilities
This proposed section includes a
requirement that the classroom facilities
meet all currently applicable Federal,
State, and local laws and regulations.
For reasons noted previously, FMCSA is
not imposing any requirements related
to classroom facilities.
The driving range, as defined in
§ 380.605, must be free of obstructions,
enable the driver to maneuver safely
and be free from interference from other
vehicles and hazards, and have
adequate sight lines. A training provider
that teaches the range portion of the
curriculum would have an instructor
onsite who can demonstrate appropriate
skills and correct deficiencies of
individual driver-trainees.
§ 380.711 Equipment
This section proposes that training
providers use training vehicles that are
in safe mechanical condition. Vehicles
used for BTW training would comply
with applicable Federal and State safety
requirements. Driver-trainees would be
instructed in the same class (i.e., Class
A or Class B) and type of vehicle (cargo,
passenger or school bus) that they will
be operating for their CDL skills test.
§ 380.713 Driver-Instructor
Qualifications/Requirements
This section proposes that theory
training providers utilize instructors
who are either an experienced driver or
a theory instructor as defined in
§ 380.605. BTW training providers
would be required to utilize
experienced drivers as defined in
§ 380.605. In addition, BTW training
instructors, during the two years prior to
engaging in BTW instruction, must not
have had a disqualification, as defined
by § 383.5, under § 383.51(b) through
(e). Training providers would also be
required to utilize only BTW instructors
on public roads whose driving record
meets applicable Federal and State
requirements.
§ 380.715 Assessments
This section proposes that training
providers assess (in written or electronic

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format) the driver-trainee’s mastery of
the knowledge objectives covered in the
applicable theory portion of the
training. In order to pass, a drivertrainee must receive an overall score of
80% or higher on the assessment. A
driver-trainee’s BTW proficiency on the
range would be assessed by the
instructor’s evaluation of his or her
performance of the fundamental vehicle
control skills and routine driving
procedures, as set forth in the applicable
curricula requirements. Likewise, BTW
proficiency on a public road would be
assessed by observing the drivertrainee’s performance of the driving
maneuvers specified in the curriculum.
As noted above, theory and BTW
training could be delivered by separate
providers.

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§ 380.717 Training Certification
This section proposes that all training
providers be required to upload training
certificates to the TPR by close of the
next business day after the drivertrainee successfully completes the
training. The Agency would transmit
the certification to the SDLA via CDLIS.
This certificate would include:
(a) Driver name, CDL/CLP number,
and State of licensure;
(b) Vehicle class and/or endorsement
training the individual received;
(c) Name and TPR identification
number of the training provider; and
(d) Date of successful completion of
the training.
§ 380.719 Requirements for Continued
Listing on the Training Provider Registry
The Agency proposes that, in order to
remain on the TPR, a training provider
would continue to ensure that its
program meets the requirements defined
in § 380.703 as well as all applicable
State training licensure, registration,
certification, or accreditation
requirements. The goal is not to attempt
to enforce State requirements, but to
ensure that a training provider that fails
to satisfy applicable State requirements
should not remain on the TPR. In
addition, a training provider would
update its FMCSA Entry-Level Driver
Training Provider Identification Report
biennially and report changes in key
information to FMCSA within 30 days
of the change. Key information changes
would include a change in the status of
a training provider based on the number
of driver-trainees actually trained in a
twelve-month period. For example, if,
when submitting the report form, a
training provider anticipated training
three or fewer driver-trainees annually,
but in fact trained more than three, that
provider would no longer be eligible for
treatment as a small training provider.

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The provider’s change in status would
be updated on the report form and the
provider would thereafter be subject to
all requirements of § 380.707 (a) through
(d). We invite comment regarding this
proposed requirement. The training
provider would also maintain required
documentation as set forth in § 380.725
and ensure such documentation is
available upon request to FMCSA or its
authorized representative. Finally, in
order to be eligible for continued listing
on the TPR, training providers would
allow FMCSA or its authorized
representative to conduct an audit or
investigation of the provider’s
operations.
§ 380.721 Removal From the Training
Providers Registry: Factors Considered
This section proposes that FMCSA
may rely on a variety of factors to
determine whether to remove a training
provider from the TPR, including, but
not limited to:
• The provider’s failure to comply
with the requirements for continued
listing on the TPR, as described in
§ 380.719.
• The provider’s failure to permit
FMCSA or its authorized representative
the opportunity to conduct an audit or
investigation of its operations.
• The audit conducted by FMCSA or
its authorized representative identifies
material deficiencies in the training
provider’s compliance with the
eligibility requirements for listing on the
TPR.
• The training provider falsely claims
to be authorized to provide training in
accordance with the applicable laws
and regulations in any State in which
the provider conducts training.
• The SDLA CDL exam passage rate
of those individuals who successfully
complete the provider’s training is
abnormally low. FMCSA is not
establishing a minimum required CDL
passage rate, but would use this
information in the context of State
norms.
• There is evidence of fraud or other
criminal behavior by the training
provider.
§ 380.723 Removal From the Training
Provider Registry: Procedure
FMCSA would establish procedures
for removing training providers from the
TPR based on the failure of the training
provider to meet the applicable
requirements under 49 CFR part 380.
This section proposes that the Agency
provide the training provider with a
notice stating the reason for the
proposed removal and any corrective
actions the training provider must take
in order to remain listed on the TPR.

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The training provider must notify
current driver-trainees, as well as those
persons scheduled for future training,
that it has received a notice of proposed
removal. Training conducted after the
issuance of a notice of proposed
removal would not be compliant and,
therefore, not valid for issuance of a
CDL, until FMCSA withdraws the
notice.
A training provider that wishes to
remain listed on the TPR would have to
provide a written response to the
Director, Office of Carrier, Driver, and
Vehicle Safety Standards (Director),
within 30 days of the proposed removal,
explaining why it believes that decision
is not proper or setting forth the
corrective actions that the training
provider will take, or has taken. Within
60 days, the Director would notify the
training provider of the Director’s
decision. Within 30 days of its removal
from the TPR, a training provider may
submit a written request for review of
the Director’s decision to the FMCSA
Associate Administrator of Policy.
The ELDTAC discussed the effect of a
training provider’s involuntary removal
from the TPR on those driver-trainees
enrolled in that provider’s program at
the time of the removal, but who have
not yet completed their course of
training. The Committee ultimately
decided that this is an issue
appropriately left to negotiations
between driver-trainees and the training
provider.
In extreme circumstances, the
Director may immediately remove a
training provider from the TPR. An
extreme circumstance may include, for
example, issuance of a training
certificate without a training provider
actually providing any training.
Alternatively, training providers may
voluntarily remove themselves from the
TPR by submitting a written request to
the Director.
These proposed removal procedures
are based on the process currently used
in § 390.115, Procedure for removal
from the National Registry of Certified
Medical Examiners. The Agency seeks
comment on whether there are
preferable alternative approaches to the
removal of training providers from the
TPR.
§ 380.725 Documentation and Record
Retention
This section proposes the documents
that training providers must maintain
and for how long. All training providers
would maintain these records for 3
years from the date they were created,
consistent with § 391.51, General
requirements for driver qualification
files.

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49 CFR Part 383, Commercial Driver’s
License Standards; Requirements and
Penalties

49 CFR Part 384—State Compliance
With Commercial Driver’s License
Program

§ 383.51

§ 384.230 Entry-Level Driver
Certification
On or after the compliance date of the
final rule, a State may not issue an
initial Class A or B CDL; an initial CDL
with a hazardous materials, passenger,
or school bus endorsement; or a CDL
upgraded from one class to another; or
may not upgrade a CDL with a
hazardous materials, passenger, or
school bus endorsement, unless it
follows the procedures prescribed in
§ 383.73 of this subchapter for verifying
that a person received training from a
provider listed on the TPR. A State may
issue a CDL to an individual who
obtained a CLP before the compliance
date when such an individual has not
complied with § 380.603(c)(1), as long
as the individual obtains a CDL within
360 days after obtaining a CLP. A State
may not issue a CDL to an individual
who obtains a CLP on or after the
compliance date of the final rule unless
they comply with § 380.603.

Disqualification of Drivers

A new paragraph (a)(8) proposes that
CDL holder may not be fully reinstated
after a disqualification from operating a
CMV under § 383.51 (b) through (e)
until the individual successfully
completes the refresher training
curriculum in § 380.625.
§ 383.71 Driver Application
Procedures
New paragraphs (a)(3), (b)(11), and
(e)(3) through (5) propose the successful
completion of the training prescribed in
part 380, subpart F, before an initial
Class A or B CDL, or a CDL with a
hazardous materials, passenger, or
school bus endorsement, or an upgrade
to the CDL is issued. In addition,
paragraph (a)(4) would require drivertrainees who have successfully
completed the theory portion of the
training to complete the skills portion
within 360 days, except for drivertrainees seeking the H endorsement (for
which the skills test is not required).
§ 383.73

State Procedures

New paragraphs (b)(10) and (c)(8), and
a revised paragraph (b)(3)(ii) propose to
prohibit a State from issuing an initial
Class A or B CDL, or a CDL with a
hazardous materials, passenger, or
school bus endorsement, or an upgrade
to a CDL unless the SDLA has received
electronic certification indicating
completion of the ELDT requirements in
part 380.

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§ 383.95

Restrictions

New paragraph (h) proposes to allow
limited commercial driving privileges
after a CDL holder has been disqualified
from operating a CMV under § 383.51(b)
through (e). The State would reinstate
the CDL solely for the limited purpose
of the driver’s completion of the BTW
portion of the refresher training
curriculum in § 380.625. The State may
not restore full CMV driving privileges
until the State receives notification that
the driver successfully completed the
refresher training curriculum.
§ 383.153 Information on the CLP and
CDL Documents and Applications
New paragraph (a)(10)(ix) would
designate ‘‘R’’ as the code for the
refresher training restriction on a CDL.

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§ 384.301 Substantial Compliance—
General Requirements
States would be required to comply
with the new ELDT requirements within
three years of the effective date of the
final rule.
VIII. Regulatory Analyses
A. Executive Order 12866 (Regulatory
Planning and Review and DOT
Regulatory Policies and Procedures as
Supplemented by E.O. 13563
FMCSA has determined that this
rulemaking is an economically
significant regulatory action under
Executive Order (E.O.) 12866,
Regulatory Planning and Review, as
supplemented by E.O. 13563 (76 FR
3821, January 21, 2011). It also is
significant under Department of
Transportation regulatory policies and
procedures because the economic costs
and benefits of the rule exceed the $100
million annual threshold and because of
the substantial congressional and public
interest concerning the lack of Federal
entry-level driver training requirements.
A draft regulatory impact analysis is
available in the docket as indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble.
Summary of Estimated Costs
Entry-level drivers, motor carriers,
training providers, SDLAs, and the
Federal Government would incur costs
for compliance and implementation.
The costs of the rule include tuition

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expenses, the opportunity cost of time
while in training, compliance audit
costs, and costs associated with the
implementation of the TPR. As shown
in Table 1 above, FMCSA estimates that
the 10-year cost of the proposed rule
would total $5.55 billion on an
undiscounted basis, $4.86 billion
discounted at 3%, and $4.15 billion
discounted at 7% (all in 2014 dollars).
Summary of Estimated Benefits
This proposed rule would result in
benefits to CMV operators, the trucking
industry, the traveling public, and to the
environment. FMCSA estimated benefits
in two broad categories: Non-safety
benefits and safety benefits. Training
would lead to more efficient driving
techniques, resulting in a reduction in
fuel consumption and consequently
lowering environmental impacts
associated with carbon dioxide
emissions. Training that promotes safer,
more efficient driving has been shown
to reduce maintenance and repair costs.
Training related to the performance of
complex tasks may improve
performance; in the context of the
training required by this proposed rule,
improvement in task performance may
reduce the frequency and severity of
crashes thereby resulting in safer
roadways for all. As stated in the standalone regulatory impact analysis,
however, lack of data directly linking
training to improvements in safety
outcomes (such as reduced crash
frequency or severity) necessitated that
the Agency perform a threshold
analysis, consistent with OMB Circular
A–4 guidance, to determine the degree
of safety benefits that would need to
occur as a consequence of this proposed
rule in order for the rule to achieve costneutrality.21
Absent any quantified safety benefits,
as shown in table 2 of section B.
Summary of Major Provisions, the
directly quantifiable benefits over the
10-year period of 2020 to 2029
attributable to the proposed rule total
$2.68 billion on an undiscounted basis,
$2.33 billion discounted at 3 percent,
and $1.99 billion discounted at 7
percent (all in 2014 dollars).
The net cost of this proposed rule (net
of costs and quantifiable benefits) over
the 10-year period of 2020 to 2029, for
which the threshold analysis estimated
the degree of safety benefits necessary to
offset, total $2.54 billion discounted at
3 percent, and $2.16 billion discounted
at 7 percent. On an annualized basis,
21 Office of Management and Budget. Circular A–
4. Regulatory Analysis. September 17, 2003.
Available at: https://www.whitehouse.gov/omb/
circulars_a004_a-4/ (accessed July 23, 2015).

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these net costs equate to $289 million
amortized at 3 percent and $287 million
amortized at 7 percent.
As documented in detail in the RIA,
an 8.15% improvement in safety
performance (that is, an 8.15%
reduction in the frequency of crashes
involving those new entry-level drivers
who would receive additional pre-CDL
training as a result of this proposed rule
during the period for which the benefit
of training remains intact) is necessary
to offset the net cost of the rule. The RIA
is available in the docket.

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B. Regulatory Flexibility Act
The Regulatory Flexibility Act of
1980, Public Law 96–354, 94 Stat. 1164
(5 U.S.C. 601–612), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121,
110 Stat. 857, March 29, 1996) and the
Small Business Jobs Act of 2010 (Pub.
L. 111–240, 124 Stat. 2504 September
27, 2010), requires Federal agencies to
consider the effects of the regulatory
action on small business and other
small entities and to minimize any
significant economic impact. The term
‘‘small entities’’ comprises small
businesses and not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
Accordingly, DOT policy requires an
analysis of the impact of all regulations
on small entities, and mandates that
agencies strive to lessen any adverse
effects on these businesses. FMCSA has
not determined whether this proposed
rule would have a significant economic
impact on a substantial number of small
entities. Therefore, FMCSA is
publishing this initial regulatory
flexibility analysis (IRFA) to aid the
public in commenting on the potential
small business impacts of the proposals
in this NPRM. We invite all interested
parties to submit data and information
regarding the potential economic impact
that would result from adoption of the
proposals in this NPRM. We will
consider all comments received in the
public comment process when making a
determination in the Final Regulatory
Flexibility Assessment.
An IRFA, which must accompany this
NPRM, must include six components.
See 5 U.S.C. 603(b) and (c). The Agency
has listed these components and
addresses each section with regard to
this NPRM.
• A description of the reasons why
the action by the agency is being
considered;

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• A succinct statement of the
objective of, and legal basis for, the
proposed rule;
• A description of and, where
feasible, an estimate of the number of
small entities to which the proposed
rule will apply;
• A description of the projected
reporting, recordkeeping, and other
compliance requirements of the
proposed rule, including an estimate of
the classes of small entities which will
be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record;
• An identification, to the extent
practicable, of all relevant federal rules
that may duplicate, overlap, or conflict
with the proposed rule; and
• A description of any significant
alternatives to the proposed rule which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
Why the Action by the Agency Is Being
Considered
Section 4007(a) of Intermodal Surface
Transportation Efficiency Act of 1991
(ISTEA) (Pub. L. 102–240, December 18,
1991, 105 Stat. 1914, 2151) directed the
Secretary of Transportation to undertake
a rulemaking on the need to require
training of all entry-level drivers of
‘‘CMVs.’’ The Agency has since
published multiple rulemakings that
would require training of entry-level
drivers of CMVs, but has not published
a final rule that was upheld in the
courts. The proposed rule also responds
to the March 10, 2015, order of the U.S.
Court of Appeals for the District of
Columbia Circuit.
In August 2014, FMCSA formally
announced that it was considering
whether to address this rulemaking
through a negotiated rulemaking. Based
on the Negotiated Rulemaking Act (5
U.S.C. 561–570), the Agency retained a
neutral convener, as authorized under 5
U.S.C. 563(b), to interview interested
parties and examine the potential for a
balanced representation of these
interests on an advisory committee (79
FR 49044–45). This proposal is based on
the conclusions and recommendations
of the advisory committee.
The Agency is proposing this rule to
mandate training for entry-level drivers
that are required to obtain a CDL or
endorsement.
The Objectives of and Legal Basis for the
Proposed Rule
The NPRM is based on the authority
of the Motor Carrier Act of 1935 and the
Motor Carrier Safety Act of 1984, the
Commercial Vehicle Safety Act of 1986,

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and Section 32304 of the Moving Ahead
for Progress in the 21st Century Act
(MAP–21).
FMCSA proposes to mandate
standards for minimum training
requirements for entry-level drivers of
CMVs operating in interstate and
intrastate commerce that are applying
for a CDL or certain endorsements. The
main objective of this proposal is to
improve highway safety by ensuring
that entry-level CMV drivers receive
appropriate training that takes into
consideration the type of activities they
perform.
A Description of and Where Feasible an
Estimate of the Number of Small
Entities To Which the Proposed Rule
Will Apply
‘‘Small entity’’ is defined in 5 U.S.C.
601. Section 601(3) defines a ‘‘small
entity’’ as having the same meaning as
‘‘small business concern’’ under section
3 of the Small Business Act. This
includes any small business concern
that is independently owned and
operated, and is not dominant in its
field of operation. Section 601(4),
likewise includes within the definition
of ‘‘small entities’’ not-for-profit
enterprises that are independently
owned and operated, and are not
dominant in their fields of operation.
Additionally, section 601(5) defines
‘‘small entities’’ as governments of
cities, counties, towns, townships,
villages, school districts, or special
districts with populations less than
50,000.
This proposed rule would affect
entry-level drivers, motor carriers, and
training providers. This proposed rule
would directly apply to entry-level
drivers seeking to obtain a CDL or a
hazardous materials (H), passenger (P),
or school bus (S) endorsement. Entrylevel drivers are not small entities as
defined by the U.S. Small Business
Administration (SBA), and are therefore
not included in this IRFA.
This proposed rule does not directly
regulate motor carriers, but it could
indirectly affect either their motor
carrier operations or their in-house
training operations. A potential concern
is that this proposed rule could
constrain their ability to hire entry-level
drivers by either constricting the pool of
available entry-level drivers or
increasing the market wage for entrylevel drivers. However, as discussed in
the RIA, most of the industry is already
completing training at least equal to the
requirements of this proposed rule and
FMCSA does not think that the minimal
requirements of this proposed rule
would lead to a driver shortage, or
increased wages. Furthermore, small- to

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medium-sized motor carriers tend to
hire drivers with at least two years’
experience driving a CMV due to
insurance requirements inhibiting their
ability to hire entry-level drivers.
Additionally, owner-operators have
generally driven a CMV with a motor
carrier employer for a number of years
before deciding to run their own
business. FMCSA does not believe that
this proposed rule would affect the
transportation operations of motor
carriers. Some motor carriers offer inhouse training to entry-level drivers and
would choose to become training
providers under this NPRM; these motor
carriers tend to be larger in size,
operating more than 100 power units.
As shown in Table IFRA 1, the SBA size
standard for truck transportation is
currently $27.5 million in revenue per

year, and the size standard for transit
and passenger ground transportation is
$15 million in revenue per year.
Components of this proposed rule
would apply to training providers that
choose to become registered with
FMCSA through inclusion on the TPR.
These training providers could be
training schools, educational
institutions, motor carriers offering inhouse training to their employees or
prospective employees, local
governments or school districts
providing training to transit agency or
school bus driver employees.
These training providers operate
under many different North American
Industry Classification System 22
(NAICS) codes with differing size
standards. As shown in table IFRA 1
below, the SBA size standard for

11965

educational services ranges from $7.5
million in revenue per year for
apprenticeship training, to $27.5 million
in revenue per year for colleges. Motor
carriers operating in-house training
programs or contractors providing
transportation services for transit
agencies and school districts would be
classified under truck transportation or
transit and passenger ground
transportation, with size standards of
$27.5 million and $15 million,
respectively. School districts and transit
agencies with modes requiring the
vehicle operator to obtain a CDL train
their own employees or prospective
employees and would become certified
training providers. The size standard for
small governments is those with
populations less than 50,000.

TABLE IFRA 1—SBA SIZE STANDARDS FOR SELECTED INDUSTRIES
[In millions of 2014$]
NAICS code

SBA size
standard

NAICS industry description
Subsector 484—Truck Transportation

484110
484121
484122
484210
484220
484230

General Freight Trucking, Local .........................................................................
General Freight Trucking, Long-Distance, Truckload .........................................
General Freight Trucking, Long-Distance, Less Than Truckload .......................
Used Household and Office Goods Moving .......................................................
Specialized Freight (except Used Goods) Trucking, Local ................................
Specialized Freight (except Used Goods) Trucking, Long-Distance ..................

$27.5
27.5
27.5
27.5
27.5
27.5

Subsector 485—Transit and Ground Passenger Transportation
485113
485210
485410
485510

Bus and Other Motor Vehicle Transit Systems ..................................................
Interurban and Rural Bus Transportation ...........................................................
School and Employee Bus Transportation .........................................................
Charter Bus Industry ...........................................................................................

15.0
15.0
15.0
15.0

Subsector 611—Educational Services
611210 ...............................................................
611310 ...............................................................
611513 ...............................................................
611519 ...............................................................
6115193 .............................................................

Junior Colleges ...................................................................................................
Colleges, Universities and Professional Schools ...............................................
Apprenticeship Training ......................................................................................
Other Technical and Trade School .....................................................................
Truck Driving Schools .........................................................................................

20.5
27.5
7.5
15.0
15.0

Sector 92—Public Administration

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Small business size standards are not established for this Sector. Establishments in the Public Administration Sector are Federal, State, and
local government agencies which administer and oversee government programs and activities that are not performed by private establishments.

FMCSA examined data from the 2007
Economic Census, the most recent
Census for which data were available, to
determine the percentage of firms that
have revenue at or below SBA’s
thresholds.23 Although boundaries for
the revenue categories used in the
Economic Census do not exactly
coincide with the SBA thresholds,

FMCSA was able to make reasonable
estimates using these data.
Motor carrier operations in the Truck
Transportation industry and in the
Transit and Ground Passenger industry
primarily earn their revenue via the
movement of people and goods. Very
few of these firms would choose to
become training providers, and FMCSA

22 More information about NAICS is available at:
http://www.census.gov/eos/www/naics/ (accessed
July 21, 2015).

23 U. S. Census Bureau. 2007 Economic Census.
Available at: http://factfinder.census.gov/faces/nav/
jsf/pages/index.xhtml (accessed August 7, 2015).

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estimates that those firms that do train
their own employees or prospective
employees are generally larger in size.
FMCSA does not know how many
motor carriers provide in-house
training, but is confident that the
number of small entities in these
industries who would chose to become
certified training providers is a small

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subset of those small entities listed
below. According to the Economic
Census, about 99% of trucking firms
had annual revenue less than $25
million; the Agency concluded that the
percentage would be approximately the
same using the SBA threshold of $27.5
million as the boundary. For passenger
carriers, the $15 million SBA threshold
falls between two Economic Census
revenue categories, $10 million and $25
million. The percentages of passenger
carriers with revenue less than these
amounts were 97.8% and 99.3%.
Because the SBA threshold is closer to
the lower of these two boundaries,
FMCSA has assumed that the percent of
passenger carriers that are small will be
closer to 97.8%, and is using a figure of
98%.
The Transit and Ground Passenger
Transportation subsector that focuses on
School and Employee Bus
Transportation (485410) is more likely
to contain a high percentage of training
providers than the rest of NAICS Sector
485. These entities often perform
contract bus services for school districts,
and some are responsible for training
their employee to the standards of the
State or county. The SBA size standard
for this subsector is $15 million, and

FMCSA estimates that about 99% of the
school and employee bus transportation
firms are considered small based on the
SBA size standard.
Entities that identify with four of the
6-digit NAICS code in the educational
services sector could register with the
TPR to become training providers. The
Census Bureau does not publish size by
revenue data for entities in the Junior
Colleges sector or the Colleges,
Universities, and professional schools
sector. FMCSA conservatively estimated
that all of the firms in these two sectors
would be small. The Census Bureau
does publish size by revenue data for
the apprenticeship training and other
technical and trade school industries.
Approximately 98% and 99%,
respectively, of the firms in these
industries are small. The other technical
and trade school industry contains those
firms that identify as truck driving
schools (6115193). About 99% of truck
driving schools are considered small
based on the SBA size standard.
FMCSA examined data from the
Federal Transit Administration (FTA)
National Transit Database (NTD) to
determine the number of transit
agencies that serve a population of less
than 50,000, and would therefore be

considered small.24 The transit agencies
report many different data elements
including information pertaining to the
type of services they offer, the
population that they serve, the
urbanized area they identify with, and
the number of vehicles operated. Of the
857 agencies in the database, 801
provide service with vehicles that
would require a CDL to operate (e.g.,
transit bus, commuter bus, trolley bus,
bus rapid transit, etc.), and 125 of the
801 serve a population of less than
50,000. As discussed in the RIA, all
agencies with CDL drivers provide
entry-level driver training to their
prospective employees and employees.
The 2012 Census of Governments, a
survey coordinated by the Census
Bureau, provides information on the
school districts throughout the
country.25 FMCSA combined this data
with county level 2014 population
estimates from the Census Bureau to
estimate that there are 6,325 school
districts in counties with less than
50,000 people.26
Table IFRA 2 below shows the
complete estimates of the number of
small entities that might choose to
become certified training providers.

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TABLE IFRA 2—ESTIMATES OF NUMBERS OF SMALL ENTITIES
Total
number of
firms

NAICS code

Description

484 ....................
485 ....................
485410 ..............
611210 ..............
611310 ..............
611513 ..............
611519 ..............
92 ......................
92 ......................

Truck Transportation ....................................................................................
Transit and Ground Passenger Transportation ...........................................
School and Employee Bus Transportation ..................................................
Junior colleges .............................................................................................
Colleges, universities, and professional schools .........................................
Apprenticeship training ................................................................................
Other technical and trade schools ...............................................................
Transit Agencies ..........................................................................................
School Districts ............................................................................................

83,056
12,723
2,574
434
2,419
1,094
2,672
801
14,482

Number of
small
entities
82,182
12,438
2,486
434
2,419
1,075
2,640
125
6,325

% of all
firms
99
98
97
100
100
98
99
16
44

A description of the proposed
reporting, recordkeeping and other
compliance requirements of the
proposed rule, including an estimate of
the classes of small entities which will
be subject to the requirement and the
type of professional skills necessary for
preparation of the report or record.
This proposed rule would include
recordkeeping requirements that would
pertain to small training providers. In
order to be included on the TPR, each
training provider would be required to
submit a training provider identification

report biennially at a minimum or when
the information for the training provider
changes and needs to be updated, the
training provider goes out of business,
or the training provider is re-applying to
be re-listed on the TPR after previous
removal. Each training provider would
be required to upload training
completion certification into the TPR for
each entry-level driver by the next
business day following completion of
the training. Each training provider
would be required to make themselves
and their records available for

inspection upon request by FMCSA or
its enforcement partners. FMCSA
believes that a professional or
administrative employee would be
capable of creating and uploading these
records and requests comment on
whether skills beyond those typical of a
professional or administrative employee
would be necessary for the above
recordkeeping requirements.
An identification, to the extent
practicable, of all relevant federal rules
that may duplicate, overlap, or conflict
with the proposed rule.

24 USDOT Federal Transit Administration. RY
2013 National Transit Database. Agency
Information and Agency Mode Service. Available
at: http://www.ntdprogram.gov/ntdprogram/
datbase/2013_database/NTDdatabase.htm
(accessed August 7, 2015).

25 U.S. Census Bureau. 2012 Census of
Governments. Available at: http://www.census.gov/
govs/cog/ (accessed August 7, 2015).
26 U.S. Census Bureau. Vintage 2014 National
Population Datasets. Population, population

change, and estimated components of population
change: April 1, 2010 to July 1, 2014 (NST–
EST2014–alldata). Available at: https://www.
census.gov/popest/data/datasets.html (accessed
August 7, 2015).

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FMCSA is not aware of any relevant
Federal rules that may duplicate,
overlap, or conflict with the proposed
rule. The current entry-level driver
training requirements in 49 CFR part
380, subpart E, which are quite minimal
compared to those being proposed by
the NPRM, would be replaced by those
in the NPRM.
A description of any significant
alternatives to the proposed rule which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
FMCSA attempted to draft a proposed
rule that would minimize any
significant economic impact on small
entities. The negotiated rulemaking
process by which this proposed rule
was developed provided outreach to
small motor carriers and training
provider representatives through the
Entry-Level Driver Training Advisory
Committee (ELDTAC). The ELDTAC
often discussed issues specific to small
motor carriers and those training fewer
than three entry-level drivers per year.
The discussions yielded many insights,
and the proposed rule takes into
account the concerns expressed by
small motor carrier representatives
during the committee meetings. For
example, training entities are not
required to have a designated range, nor
is FMCSA proposing training facility
requirements. FMCSA is not aware of
any significant alternatives that would
meet the intent of our statutory
requirements, but requests comment on
any alternatives that would meet the
intent of the statutes and prove cost
beneficial for small entities.
Description of Steps Taken by a Covered
Agency To Minimize Costs of Credit for
Small Entities
FMCSA is not a covered agency as
defined in section 609(d)(2) of the
Regulatory Flexibility Act, and has
taken no steps to minimize the
additional cost of credit for small
entities.

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Requests for Comment To Assist
Regulatory Flexibility Analysis
FMCSA requests comments on all
aspects of this initial regulatory
flexibility analysis.
C. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996,
FMCSA wants to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
themselves and participate in the
rulemaking initiative. If the proposed

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rule would affect your small business,
organization or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance; please consult the FMCSA
point of contact, Rich Clemente, listed
in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
D. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, taken
together, or by the private sector of $155
million (which is the value of $100
million in 1995 after adjusting for
inflation to present-day dollars) or more
in any 1 year. This rulemaking would
result in private sector expenditures in
excess of the $155 million threshold.
Gross costs, however, are expected to be
offset by fuel, carbon dioxide, and
maintenance and repair savings, making
this NPRM cost-neutral based on
reduced instances of crashes, as further
discussed in the threshold- based
analysis described in the RIA.
A written statement under the
Unfunded Mandates Reform Act is not
required for regulations that incorporate
requirements specifically set forth in
law. 2 U.S.C. 1531. MAP–21 mandated
that FMCSA issue regulations to
establish minimum entry-level training
requirements for all initial CLP/CDL
applicants and CDL holders seeking
license upgrades. Because this proposed
rule implements the direction of
Congress in mandating ELDT, a written
statement under the Unfunded
Mandates Reform Act is not required.
E. Paperwork Reduction Act
The proposed regulations require
training providers to obtain, collect,

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11967

maintain, and in some cases transmit
information about their facilities,
curricula and graduates. The Paperwork
Reduction Act of 1995 (the PRA) (44
U.S.C. 3501–3520) prohibits Agencies
from conducting information-collection
(IC) activities until they analyze the
need for the collection of information
and how the collected data will be
managed. Agencies must also analyze
whether technology could be used to
reduce the burden imposed on those
providing the data. The Agency must
estimate the time burden required to
respond to the IC requirements, such as
the time a training provider will expend
transmitting certification data to
FMCSA. The Agency submits its IC
analysis and burden estimate to OMB as
a formal information collection request
(ICR); the Agency cannot conduct the
information collection until OMB
approves the ICR.
FMCSA proposes that the compliance
date for the amended training rules be
three years following publication of the
final rule in order to provide interested
parties sufficient time to adjust to the
new requirements. Thus, the
compliance date will be no earlier than
the year 2019. Until that time, the
current regulations pertaining to the
training of entry-level drivers (49 CFR
Subpart E) will remain in place. OMB
approves information-collection
activities for no more than 3 years.
Consequently, at this time, the Agency
does not amend its current OMBapproved estimate of the informationcollection burden of subpart E: 66,250
hours.
Today, FMCSA asks for comment on
the IC requirements of this proposed
rule. The Agency’s analysis of these
comments will be used in devising the
Agency’s estimate of the IC burden of
the final rule. Comments can be
submitted to the docket as outlined
under ADDRESSES at the beginning of
this notice. Specifically, the Agency
asks for comment on (1) how useful the
information is and whether it can help
FMCSA perform its functions better, (2)
how the Agency can improve the quality
of the information being collected, (3)
the accuracy of FMCSA’s estimate of the
burden of this IC, and (4) how the
Agency can minimize the burden of
collection.
Title: Entry-Level Driver Training.
OMB Control Number: 2126–0028.
Summary of the Collection of
Information: Under the proposal,
training providers would apply online
to FMCSA and provide information
about their training operations.
Periodically, they would upload
information about those who

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successfully complete entry-level driver
training.
Need for Information: The Agency
must be able to assess the qualifications
of training providers in order to approve
their participation as certified providers
of the entry-level training. The identity
of successful driver graduates is needed
so the Agency can inform State CDL
licensing agencies of those who have
successfully completed the requisite
training and are certified for CDL
licensure.
Proposed Use of Information: The
Agency will monitor training providers
to ensure that they conduct training in
accordance with these rules. Monitoring
will include on-site safety audits of the
operations of training providers.
Further, the Agency will be assessing
the safety performance of drivers who
receive entry-level training in order to
assess the efficacy of the Agency’s
standards of learning and their delivery
by training providers.
Description of the Respondents:
Training providers.
Number of Respondents: 20,800.
Frequency of Response: Training
providers will register with the Agency
once and thereafter update their
registration at least every two years. On
an irregular basis, training providers
will upload to FMCSA electronically the
names of the individuals who
successfully complete their entry-level
driver-training courses.
Burden of Response: The Agency
estimates that the average training
provider will require 2 hours to register
and provide updates to that registration
annually, or a total of 41,600 hours
(20,800 training providers × 2 hours
each). The Agency estimates that
449,000 entry-level drivers will graduate
annually and that the average training
provider will require 5 minutes to
upload this information to FMCSA, or a
total of 37,417 hours.
Estimate of Total Annual Burden:
79,017 hours (41,600 hours + 37,417
hours).
F. E.O. 13132 (Federalism)
A rule has implications for
Federalism under § 1(a) of Executive
Order 13132 if it has ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ FMCSA
has determined that this proposal would
have substantial direct costs on or for
States or would limit the policymaking
discretion of States.
FMCSA recognizes that, as a practical
matter, this proposed rule may have
some impact on the States. Accordingly,

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the Agency sought advice from the
National Governors Association (NGA),
National Conference of State
Legislatures (NCSL), the American
Association of Motor Vehicle
Administrators (AAMVA), and National
Association of Publicly Funded Truck
Driving Schools (NAPFTDS) on the
topic of entry-level driver training, by
letters to each organization, dated July
6, 2015. (Copies of these letters are
available in the docket for this
rulemaking.) FMCSA offered NGA,
NCSL, AAMVA, and NAPFTDS officials
the opportunity to meet and discuss
issues of concern to the States. It should
also be noted that AAMVA was a
member of the ELDTAC, whose
consensus recommendations form the
basis of this NPRM. State and local
governments will also be able to raise
Federalism issues during the comment
period for this NPRM.
G. E.O. 12988 (Civil Justice Reform)
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminates
ambiguity, and reduce burden.
H. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children
from Environmental Health Risks and
Safety Risks (62 FR 19885, Apr. 23,
1997), requires agencies issuing
‘‘economically significant’’ rules, if the
regulation also concerns an
environmental health or safety risk that
an agency has reason to believe may
disproportionately affect children, to
include an evaluation of the regulation’s
environmental health and safety effects
on children. The Agency determined
this proposed rule is economically
significant. In any event, the Agency
does not anticipate that this regulatory
action could in any way create an
environmental or safety risk that could
disproportionately affect children.
I. E.O. 12630 (Taking of Private
Property)
FMCSA reviewed this proposed rule
in accordance with E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, and has determined it will not
effect a taking of private property or
otherwise have taking implications.
J. Privacy
Section 522 of title I of division H of
the Consolidated Appropriations Act,
2005, enacted December 8, 2004 (Pub. L.
108–447, 118 Stat. 2809, 3268, 5 U.S.C.
552a note), requires the Agency to
conduct a privacy impact assessment
(PIA) of a regulation that will affect the

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privacy of individuals. In accordance
with this Act, a privacy impact analysis
is warranted to address the collection of
personally identifiable information
contemplated in the proposed EntryLevel Driver Training rulemaking.
The DOT Chief Privacy Officer has
determined that this rulemaking results
in a low to moderate level of privacy
risk for driver-trainees seeking
certification through approved training
providers. The NPRM requires these
individuals to provide approved
training providers certain personally
identifiable information including,
Name, CDL/CLP number, and State of
licensure for the purposes of identity
verification at the time of training. This
information in conjunction with the
individuals training record is
maintained by the training provider in
the individual’s training record and is
transmitted to the multi-state
Commercial Driver’s License
Information System (CDLIS). State
driver licensing agencies (SDLAs) may
then access the individual’s training
record in accordance with CLDIS
protocol. Individuals seeking
information on the data privacy
practices of training providers should
consult with the specific provider.
To limit the burden on the public, the
Department will provide a single
technical interface in order to promote
the efficient transmission of trainee data
from approved training providers to
CDLIS. The Department will establish
technical, administrative, and physical
security requirements, as appropriate to
ensure the secure data transfer. An
approved training provider would
upload its training certificates to the
Training Provider Registry which would
instantaneously transmit the
information electronically to CDLIS for
entry into the appropriate CDL driver
record. The driver-trainee would be able
to apply for a CDL when the SDLA
pulled the CDL driver record from
CDLIS and verified that he/she had
successfully completed the appropriate
training. The Department will not retain
a copy of the trainee certificate in its
systems.
This PIA will be reviewed and revised
as appropriate to reflect the Final Rule
and will be published not later than the
date on which the Department initiates
any of the activities contemplated in the
Final Rule that have an impact on
individuals’ privacy.
K. E.O. 12372 (Intergovernmental
Review)
The regulations implementing E.O.
12372 regarding intergovernmental
consultation on Federal programs and
activities do not apply to this program.

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L. E.O. 13211 (Energy Supply,
Distribution, or Use)
FMCSA has analyzed this proposed
rule under E.O. 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Agency has
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Therefore, it does not require a
Statement of Energy Effects under E.O.
13211.
M. E.O. 13175 (Indian Tribal
Governments)
This rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.

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N. National Technology Transfer and
Advancement Act (Technical
Standards)
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through OMB, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) are
standards that are developed or adopted
by voluntary consensus standards
bodies. This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
O. Environment (NEPA, CAA,
Environmental Justice)
The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) requires Federal agencies to
integrate environmental values into
their decision-making processes by
requiring Federal agencies to consider
the potential environmental impacts of
their proposed actions. In accordance
with NEPA, FMCSA’s NEPA Order
5610.1 (NEPA Implementing Procedures
and Policy for Considering
Environmental Impacts), and other
applicable requirements, FMCSA is

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preparing an Environmental Assessment
(EA) to review the potential impacts of
the proposed rule. Because the
implementation of this action would
only alter new training standards for
certain individuals applying for their
initial CDL, an upgrade of their CDL, or
hazardous materials, passenger, or
school bus endorsement for their
license, FMCSA has tentatively found
that noise, endangered species, cultural
resources protected under the National
Historic Preservation Act, wetlands, and
resources protected under Section 4(f) of
the Department of Transportation Act of
1966 49 U.S.C. 303, as amended by
Public Law 109–59, would not be
impacted. The impact areas that may be
affected and will be evaluated in this EA
include air quality, hazardous materials
transportation, solid waste, and public
safety. But the impact area of focus for
the EA will be air quality. Specifically,
as outlined in the RIA for this
rulemaking, FMCSA anticipates that an
increase in driver training to result in
improved fuel economy based on
changes to driver behavior, such as
smoother acceleration and braking
practices. Such improved fuel economy
is anticipated to result in lower air
emissions and improved air quality for
gases including carbon dioxide. FMCSA
expects that all negative impacts, if any,
will be negligible. However, we expect
the overall environmental impacts of
this action to be beneficial. The EA will
be available for inspection or copying in
the Regulations.gov Web site listed
under ADDRESSES.
FMCSA also analyzed this NPRM
under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et
seq.), and regulations promulgated by
the Environmental Protection Agency
(40 CFR part 93, subpart B). Under the
General Conformity Rule, a conformity
determination is required where a
Federal action would result in total
direct and indirect emissions of a
criteria pollutant or precursor
originating in nonattainment or
maintenance areas equaling or
exceeding the rates specified in 40 CFR
93.153(b)(1) and (2). As noted in the
NEPA discussion above, however,
FMCSA expects a net decrease in air
emissions as a result of this NPRM.
Consequently, approval of this action is
exempt from the CAA’s General
Conformity Requirement since it does
not affect direct or indirect emissions of
criteria pollutants.
Under E.O. 12898, each Federal
agency must identify and address, as
appropriate, ‘‘disproportionately high
and adverse human health or
environmental effects of its programs,
policies, and activities on minority

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populations and low-income
populations’’ in the United States, its
possessions, and territories. FMCSA
evaluated the environmental justice
effects of this proposed rule in
accordance with the Executive order,
and has determined that no
environmental justice issue is associated
with this proposed rule, nor is there any
collective environmental impact that
would result from its promulgation.
List of Subjects
49 CFR Part 380
Administrative practice and
procedure, Highway safety, Motor
carriers, Reporting and recordkeeping
requirements.
49 CFR Part 383
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
For the reasons set forth in the
preamble, FMCSA proposes to amend
49 CFR parts 380, 383, and 384 as
follows:
PART 380—SPECIAL TRAINING
REQUIREMENTS
1. The authority citation for part 380
is revised to read as follows:

■

Authority: 49 U.S.C. 31133, 31136, 31305,
31307, 31308, and 31502; sec. 4007(a) and (b)
of Pub. L. 102–240 (105 Stat. 2151–2152);
sec. 32304 of Pub. L. 112–141; and 49 CFR
1.87.

Subpart E—Entry-Level Driver Training
Requirements Before [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE
FINAL RULE].
2. Revise the heading for subpart E to
read as set out above.
■ 3. Add subpart F to read as follows:
■

Subpart F—Entry-Level Driver Training
Requirements On and After [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE FINAL
RULE].
Sec.
380.600 Compliance date for training
requirements for entry-level drivers.
380.601 Purpose and scope. 380.603
Applicability. 380.605 Definitions.
380.609 General entry-level driver
training requirements.
380.611 Driver training provider
requirements.
380.613 Class A—CDL training curriculum.
380.615 Class B—CDL training curriculum.
380.619 Passenger endorsement training
curriculum.
380.621 School bus endorsement training
curriculum.

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380.623 Hazardous materials endorsement
training curriculum.
380.625 Refresher training curriculum.

Subpart F—Entry-Level Driver Training
Requirements On and After [DATE 3
YEARS AFTER EFFECTIVE DATE OF
THE FINAL RULE]
§ 380.600 Compliance date for training
requirements for entry-level drivers.

§ 380.605

Compliance with the provisions of
this subpart is required on or after
[DATE THREE YEARS AFTER
EFFECTIVE DATE OF THE FINAL
RULE].
§ 380.601

Purpose and scope.

This subpart establishes training
requirements for entry-level drivers,
minimum content for training curricula,
and standards for training providers.
Entry-level driver training, as defined in
this subpart, applies only to those
individuals who need to obtain a
commercial driver’s license (or a
commercial driver’s license upgrade or
endorsement) and does not otherwise
amend substantive commercial driver’s
license requirements in part 383 of this
chapter.

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§ 380.603

Applicability.

(a) The rules in this subpart apply to
all entry-level drivers, as defined in this
subpart, who intend to drive CMVs as
defined in § 383.5 of this chapter in
interstate and/or intrastate commerce,
except:
(1) Drivers excepted from the CDL
requirements under § 383.3 (c), (d), and
(h) of this chapter;
(2) Drivers applying for a restricted
CDL under § 383.3(e) through (g) of this
chapter; and
(3) Veterans with military CMV
experience who meet all the
requirements and conditions of § 383.77
of this chapter.
(b) Drivers who hold a valid CDL
issued before [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL
RULE] are not required to comply with
this subpart except as otherwise
specifically provided.
(c) (1) Individuals who obtain a CLP
before [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL
RULE] are not required to comply with
this subpart if they obtain a CDL within
360 days after obtaining a CLP.
(2) Individuals who obtain a CLP on
or after [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL
RULE] will be required to comply with
this subpart.
(d) Except as provided under
paragraph (e) of this section, a person
who has received training qualifying
him or her to take the skills test for a

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CDL and/or endorsement is not required
to obtain such training again before
reapplying for a CDL or endorsement.
(e) A CDL holder who has been
disqualified from operating a CMV
under § 383.51(b) through (e) of this
chapter, must complete the refresher
training requirements of § 380.625.
Definitions.

(a) The definitions in parts 383 and
384 of this subchapter apply to this
subpart, except where otherwise stated.
(b) As used in this subpart:
Behind-the-wheel (BTW) instructor
means an experienced driver as defined
in this section and who provides BTW
training involving the actual operation
of a CMV by entry-level driver on a
range or a public road. These instructors
must have completed training in the
public road portion of the curriculum in
which they are instructing, except that
instructors utilized by training
providers that train, or expect to train,
three or fewer drivers annually do not
need to meet this additional
requirement.
Behind-the-wheel (BTW) range
training means training provided by a
qualified driver-instructor when drivertrainees have actual control of the
power unit during a driving lesson
conducted on a range. BTW range
training does not include time drivertrainees spend observing the operation
of a CMV when he/she is not in control
of the vehicle.
Behind-the-wheel (BTW) public road
training means training provided by a
qualified driver-instructor when drivertrainee has actual control of the power
unit during a driving lesson conducted
on a public road. BTW public road
training does not include the time that
driver-trainees spend observing the
operation of a CMV when he/she is not
in control of the vehicle.
Entry-level driver means a person who
must complete the CDL skills test
requirements under 49 CFR 383.71 prior
to receiving the initial CDL or having a
CDL reinstated, upgrading to a Class A
or Class B CDL, or obtaining a
hazardous materials, passenger, or
school bus endorsement. This definition
does not include individuals for whom
States waive the CDL skills test under
49 CFR 383.77.
Entry-level driver training means
training an entry-level driver receives
from an entity listed on FMCSA’s
Training Provider Registry prior to:
(1) Taking the CDL skills test required
to receive the initial Class A or Class B
CDL;
(2) Taking the CDL skills test required
to upgrade to a Class A or Class B CDL;
or

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(3) Taking the CDL knowledge and
skills test required to obtain a passenger
or school bus endorsement, or the CDL
knowledge test required to obtain a
hazardous materials endorsement.
Experienced driver means a driver
who holds a CDL of the same (or higher)
class and with all endorsements
necessary to operate the CMV for which
training is to be provided and who:
(1) Has at least 1 year of experience
driving a CMV requiring a CDL of the
same or higher class and/or the same
endorsement; or
(2) Has at least 1 year of experience
as a BTW CMV instructor; and
(3) Meets all applicable State training
requirements for CMV instructors.
Range means an area that must be free
of obstructions, enables the driver to
maneuver safely and free from
interference from other vehicles and
hazards, and has adequate sight lines.
Refresher training means training a
CDL holder who has been disqualified
from operating a CMV must take.
Theory instruction means knowledge
instruction on the operation of a CMV
and related matters provided by a theory
instructor through lectures,
demonstrations, audio-visual
presentations, computer-based
instruction, driving simulation devices,
online training, or similar means.
Theory instructor means instructors
who provide knowledge instruction on
the operation of a CMV and are either
an experienced driver as defined in this
section or have previously audited or
instructed that portion of the theory
training course that they intend to
instruct.
Training provider means an entity
that is listed on the FMCSA Training
Provider Registry, as required by
subpart G of this part.
§ 380.609 General entry-level driver
training requirements.

(a) A person who wishes to obtain a
CDL that would allow him/her to
operate a Class A or B CMV in interstate
or intrastate commerce must
successfully complete driver training
from a provider listed on the Training
Provider Registry (TPR). A person who
intends to operate a CMV for which a
Class A CDL is required must complete
the curriculum outlined in § 380.613
and a person who intends to operate a
CMV for which a Class B CDL is
required must complete the curriculum
outlined in § 380.615.
(b) A person who wishes to obtain a
passenger (P), school bus (S), or
hazardous materials (H) endorsement on
his or her CDL must successfully
complete the appropriate training from
a training provider listed on the TPR. A

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person who intends to operate a CMV
for which a passenger endorsement is
required must successfully complete the
curriculum outlined in § 380.619. A
person who intends to operate a CMV
for which a school bus endorsement is
required must successfully complete the
curriculum outlined in § 380.621. A
person who intends to operate a CMV
for which an H endorsement is required
must successfully complete the
curriculum outlined in § 380.623.
(c) A CDL holder who is disqualified
from operating a CMV under § 383.51(b)
through (e) of this chapter, must
successfully complete refresher training
from a training provider listed on the
TPR. Refresher training must meet the
curriculum outlined in § 380.625.
§ 380.611 Driver training provider
requirements.

(a) Entities seeking to be listed on the
Training Provider Registry must, at a
minimum, meet the requirements of
subpart G of this part.
(b) Entities must attest that they meet
the requirements of this part.
(c) Entities must, upon request,
supply documentary evidence to
FMCSA or its authorized representatives
so the Agency can verify compliance
with these requirements.

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§ 380.613 Class A—CDL training
curriculum.

(a) Class A CDL applicants must
successfully complete the Class A CDL
curriculum outlined in paragraph (b) of
this section. There is no required
minimum number of instruction hours
for theory training, but the training
provider must cover all the topics set
forth in the curriculum in paragraph (b)
of this section. Applicants must
complete a minimum of 30 hours of
training in BTW driving with a
minimum of 10 hours spent driving on
a range and either 10 hours driving on
a public road; or 10 public road trips
(each no less than 50 minutes in
duration). The training provider will
determine how the remaining 10 hours
of BTW training will be spent (i.e.,
whether on a range or public road, or
some combination of the two). The
mandatory minimum hours of BTW
training must be conducted in a CMV
for which a Class A CDL is required.
(b) Class A CDL curriculum. The Class
A curriculum must, at a minimum,
include the following:
(1) Theory—(i) Basic operation. This
component must cover the interaction
between driver-trainees and the CMV.
Driver-trainees will receive instruction
in the Federal Motor Carrier Safety
Regulations (FMCSRs) and will be
introduced to the basic CMV

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instruments and controls. Driver
trainees must familiarize themselves
with the basic operating characteristics
of a CMV. This section must also teach
driver-trainees how to properly perform
vehicle inspections, control the motion
of CMVs under various road and traffic
conditions, employ shifting and backing
techniques, and properly couple and
uncouple combination vehicles. Drivertrainees must first familiarize
themselves with the basic operating
characteristics of a CMV. Then, drivertrainees must be able to perform the
skills in each unit to a level of
competency required to permit safe
transition to public road driving.
(A) Orientation. This unit must
introduce driver-trainees to the
combination vehicle driver training
curriculum and the components of a
combination vehicle. Driver-trainees
will learn the safety fundamentals,
essential regulatory requirements (i.e.,
overview of FMCSRs/hazardous
materials (HM) regulations), and drivertrainees’ responsibilities not directly
related to driving. This unit must also
cover the ramifications and driver
disqualification provisions and fines for
non-compliance with parts 380, 382,
383, 387, and 390 through 399 of this
chapter. This unit must also include an
overview of the applicability of State
and local laws relating to the safe
operation of the CMV, stopping at weigh
stations/scales, hazard awareness of
vehicle size and weight limitations, low
clearance areas (e.g., CMV height
restrictions), and bridge formulas.
(B) Control systems/dashboard. This
unit must introduce driver-trainees to
vehicle instruments, controls, and safety
components. The driver-trainees will
learn to read gauges and instruments
correctly and learn proper use of vehicle
safety components, including safety
belts and mirrors. Driver-trainees will
also learn to identify, locate, and
explain the function of each of the
primary and secondary controls
including those required for steering,
accelerating, shifting, braking, and
parking.
(C) Pre- and post-trip inspections.
This unit must stress to driver-trainees
the importance of vehicle inspections
and help them develop the skills
necessary for conducting pre-trip,
enroute, and post-trip inspections. This
unit must include instruction in a
driver-trainee’s personal awareness of
his or her surroundings, including at
truck stops and/or rest areas, and at
shipper/receiver locations.
(D) Basic control. This unit must
introduce basic vehicular control and
handling as it applies to combination
vehicles. This must include instruction

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addressing basic combination vehicle
controls in areas such as executing
sharp left and right turns, centering the
vehicle, and maneuvering in restricted
areas.
(E) Shifting/operating transmissions.
This unit must introduce shifting
patterns and procedures to drivertrainees to prepare them to safely and
competently perform basic shifting
maneuvers. This must include training
driver-trainees to execute up and down
shifting techniques on multi-speed dual
range transmissions, if appropriate. The
importance of increased fuel economy
achieved by utilizing proper shifting
techniques should also be covered.
(F) Backing and docking. This unit
must prepare driver-trainees to back and
dock the combination vehicle safely.
This unit must cover ‘‘Get Out and
Look’’ (GOAL), evaluation of backing/
loading facilities, knowledge of backing
set ups, as well as instruction in how to
back with use of spotters.
(G) Coupling and uncoupling. This
unit must provide instruction for drivertrainees to develop the skills necessary
to conduct the procedures for safe
coupling and uncoupling of
combination vehicle units.
(ii) Safe operating procedures. This
component must teach the practices
required for safe operation of the
combination vehicle on the highway
under various road, weather, and traffic
conditions. Driver-trainees must be
instructed in the Federal rules (§ 392.16
of this chapter) governing the proper use
of safety restraint systems (i.e., seat
belts).
(A) Visual search. This unit must
enable driver-trainees to visually search
the road for potential hazards and
critical objects, including instruction on
recognizing distracted pedestrians or
distracted drivers. This unit must
include instruction in how to ensure a
driver-trainee’s personal security/
general awareness in common
surroundings such as truck stops and/or
rest areas, and at shipper/receiver
locations.
(B) Vehicle communications. This
unit must enable driver-trainees to
communicate their intentions to other
road users. Driver-trainees must learn
techniques for different types of
communication on the road, including
proper use of headlights, turn signals,
four-way flashers, and horns.
Instruction in proper utilization of eye
contact techniques with other drivers
and pedestrians will be covered in this
unit.
(C) Speed management. This unit
must enable driver-trainees to manage
speed effectively in response to various
road, weather, and traffic conditions.

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Driver-trainees must understand that
driving competency cannot compensate
for excessive speed. Instruction must
include methods for calibrating safe
following distances under an array of
conditions including traffic, weather,
and CMV weight and length.
(D) Space management. This unit
must teach driver-trainees about the
importance of managing the space
surrounding the vehicle. Emphasis must
be placed upon maintaining appropriate
space surrounding the vehicle for safe
operation under various traffic and road
conditions.
(E) Night operation. Driver-trainees
will learn the factors affecting the safe
operation of CMVs at night and in
darkness, including the specific factors
that require special attention on the part
of the driver. Driver-trainees must be
instructed in vehicle safety inspection,
vision, communications, speed, and
space management and proper use of
lights, as needed, to deal with the
special problems night driving presents.
(F) Extreme driving conditions. This
unit addresses the driving of CMVs
under extreme conditions. Emphasis
must be placed upon the factors
affecting the operation of CMVs in cold,
hot, and inclement weather and on
steep grades and sharp curves. Drivertrainees will learn the changes in basic
driving habits needed to deal with the
specific problems presented by extreme
driving conditions. Driver-trainees will
also learn proper tire chaining
procedures in this unit.
(iii) Advanced operating practices.
This component must introduce higherlevel skills that can be acquired only
after the more fundamental skills and
knowledge taught in the prior two
components have been mastered.
Driver-trainees must learn about the
advanced perceptual skills necessary to
recognize potential hazards and must
demonstrate the procedures needed to
handle a CMV when faced with a
hazard.
(A) Hazard perception. The unit must
provide instruction in recognizing
potential hazards in the driving
environment in time to reduce the
severity of the hazard and neutralize
possible emergency situations. Drivertrainees must identify road conditions
and other road users that are a potential
threat to the safety of the combination
vehicle and suggest appropriate
adjustments. Emphasis must be placed
upon hazard recognition, visual search,
adequate surveillance, and response to
possible emergency-producing
situations encountered by CMV drivers
in various traffic situations. Drivertrainees will also learn to recognize
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procedures that must be utilized while
driving in construction/work zones.
(B) Distracted driving. Driver-trainees
must be instructed in the ‘‘key’’ driver
distraction issues, including improper
cell phone use, texting, and use of incab technology. This includes training
in the following aspects: Visual
attention (keeping eyes on the road);
manual control (keeping hands on the
wheel); and cognitive awareness
(keeping mind on the task and safe
operation of the CMV).
(C) Emergency maneuvers/skid
avoidance. This unit must enable
driver-trainees to carry out appropriate
responses when faced with CMV
emergencies. These must include
evasive steering, emergency braking,
and off-road recovery, as well as the
proper response to brake failures, tire
blowouts, hydroplaning, skidding,
jackknifing, and rollovers. The
discussion must include a review of
unsafe acts and the role they play in
producing or worsening hazardous
situations.
(D) Skid control and recovery. This
unit must teach the causes of skidding
and jackknifing and techniques for
avoiding and recovering from them.
Driver-trainees must understand the
importance of maintaining directional
control and bringing the CMV to a stop
in the shortest possible distance while
operating over a slippery surface.
(E) Railroad-highway grade crossings.
Driver-trainees will learn to recognize
potential dangers and appropriate safety
procedures to utilize at railroad (RR)highway grade crossings. This
instruction must include an overview of
various State RR grade crossing
regulations, RR grade crossing
environments, obstructed view
conditions, clearance around the tracks,
and rail signs and signals.
(F) Vehicle systems and reporting
malfunctions. This section must provide
entry-level driver-trainees with
sufficient knowledge of the combination
vehicle and its systems and subsystems
to ensure that they understand and
respect their role in vehicle inspection,
operation, and maintenance and the
impact of those factors upon highway
safety and operational efficiency.
(G) Identification and diagnosis of
malfunctions, including out-of-service
violations. This unit must teach drivertrainees to identify major combination
vehicle systems. The goal is to explain
their function and how to check all key
vehicle systems, (e.g., engine, engine
exhaust auxiliary systems, brakes, drive
train, coupling systems, and
suspension) to ensure their safe
operation. Driver-trainees must be
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each system, its importance to safe and
efficient operation, and what is needed
to keep the system in good operating
condition. Driver-trainees must further
learn what vehicle and driver violations
are classified as out-of-service (OOS),
including the ramifications and
penalties for operating when subject to
an OOS order as defined in § 390.5 of
this chapter.
(H) Maintenance. This unit must
introduce driver-trainees to the basic
servicing and checking procedures for
various engine and vehicle components
and to help develop their ability to
perform preventive maintenance and
simple emergency repairs.
(iv) Non-vehicle activities. This
component must prepare driver-trainees
to handle the responsibilities of a
combination vehicle driver that do not
involve actually operating the CMV.
(A) Handling and documenting cargo.
This unit must enable driver-trainees to
understand the basic theory of cargo
weight distribution, cargo securement
on the vehicle, cargo covering, and
techniques for safe and efficient
loading/unloading. Driver-trainees will
learn basic cargo security/cargo theft
prevention procedures in this unit.
Basic information regarding the proper
handling and documentation of HM
cargo will also be covered in this unit.
(B) Environmental compliance issues.
Driver-trainees will learn to recognize
environmental hazards and issues
related to the CMV and load, and made
aware that city, county, State, and
Federal requirements may apply to such
circumstances.
(C) Hours of service requirements. The
purpose of this unit is to enable drivertrainees to understand that there are
different hours-of-service (HOS)
requirements applicable to different
industries. Driver-trainees must learn all
applicable HOS regulatory
requirements. Driver-trainees will
develop the ability to complete a
Driver’s Daily Log (electronic and
paper), timesheet, and logbook recap, as
appropriate. Driver-trainees will learn
the consequences (safety, legal, and
personal) of violating the HOS
regulations, including the fines and
penalties imposed for these types of
violations.
(D) Fatigue and wellness awareness.
The issues and consequences of chronic
and acute driver fatigue and the
importance of staying alert will be
covered in this unit. Driver-trainees
must learn regulatory requirements
regarding driver wellness and basic
health maintenance that affect a driver’s
ability to safely operate a CMV. This
unit also must address issues such as

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diet, exercise, personal hygiene, stress,
and lifestyle changes.
(E) Post-crash procedures. Drivertrainees must learn appropriate postcrash procedures, including the
requirement that the driver, if possible,
assess his or her physical condition
immediately after the crash and notify
authorities, or assign the task to other
individuals at the crash scene. Drivertrainees must also learn how to protect
the area; obtain emergency medical
assistance; move on-road vehicles off
the road in minor crashes so as to avoid
subsequent crashes or injuries; engage
flashers, placing triangles, and properly
use a fire extinguisher, if necessary. The
following topics must also be covered:
Responsibilities for assisting injured
parties; Good Samaritan Laws; driver
legal obligations and rights, including
rights and responsibilities for engaging
with law enforcement personnel; and
the importance of learning company
policy on post-crash procedures. Drivertrainees must receive instruction in
post-crash testing requirements related
to controlled substances and alcohol.
Driver-trainees must learn the
techniques of photographing the scene;
obtaining witness information; assessing
skid measurements; and assessing
signage, road, and weather conditions.
(F) External communications. Drivertrainees must be instructed in the value
of effective interpersonal
communication techniques/skills to
interact with enforcement officials.
Driver-trainees must be taught the
specifics of the roadside vehicle
inspection process, and what to expect
during this activity. Driver-trainees who
are not native English speakers must be
instructed in FMCSA English language
proficiency requirements and the
consequences for violations. Drivertrainees also must learn the implications
of violating Federal and state
regulations on their driving records and
their employing motor carrier’s records.
(G) Whistleblower/coercion. This unit
will advise the driver-trainees about the
right of an employee to question the
safety practices of an employer without
incurring the risk of losing a job or being
subject to reprisals simply for stating a
safety concern. Driver-trainees must be
instructed in the whistleblower
protection regulations in 29 CFR part
1978. They must also learn the
procedures for reporting to FMCSA
incidents of coercion from motor
carriers, shippers, receivers, or
transportation intermediaries.
(H) Trip planning. This unit must
address the importance of and
requirements for planning routes and
trips. This instruction must address
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rest stops, heavy traffic areas, railroadhighway grade crossing safe clearance
and ground clearance (i.e., ‘‘high
center’’), the importance of Federal and
State requirements on the need for
permits, and vehicle size and weight
limitations. Driver-trainees must be
instructed in the correct identification
of restricted routes, the pros and cons of
Global Positioning System (GPS)/trip
routing software, and the importance of
selecting fuel-efficient routes.
(I) Drugs/alcohol. In this unit, drivertrainees must learn that there are a
variety of rules applicable to drug and
alcohol use and must receive the
training required by the applicable drug
and alcohol regulations, including
consequences for engaging in controlled
substance (including prescription drugs)
and alcohol use-related conduct. The
importance of avoiding use of drugs/
alcohol in violation of applicable
regulations must be covered in this unit.
(J) Medical requirements. In this unit,
driver-trainees will learn the Federal
rules on medical certification, medical
examination procedures, general
qualifications, responsibilities, and
disqualifications based on various
offenses, orders, and loss of driving
privileges (49 CFR part 391, subparts B
and E).
(2) Range. This unit must consist of
driving exercises related to basic vehicle
control skills and mastery of basic
maneuvers, as covered in §§ 383.111
and 383.113 of this chapter, necessary to
operate the vehicle safely. Activities in
this unit will take place on a driving
range as defined in § 380.605.
(i) Vehicle inspection pre-trip/
enroute/post-trip. Driver-trainees must
demonstrate proficiency in proper
techniques for performing pre-trip,
enroute, and post-trip inspections and
making accurate notes of actual and
suspected component abnormalities or
malfunctions using a Driver Vehicle
Inspection Report in accordance with
the FMCSRs.
(ii) Straight line backing. Drivertrainees must demonstrate proficiency
in proper techniques for performing
various straight line backing maneuvers
to appropriate criteria/acceptable
tolerances.
(iii) Alley dock backing (45/90
degree). Driver-trainees must
demonstrate proficiency in proper
techniques for performing 45/90 degree
alley dock maneuvers, to appropriate
criteria/acceptable tolerances.
(iv) Off-set backing. Driver-trainees
must demonstrate proficiency in proper
techniques for performing off-set
backing maneuvers to appropriate
criteria/acceptable tolerances.

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(v) Parallel parking blind side. Drivertrainees must demonstrate proficiency
in proper techniques for performing
parallel parking blind side positions/
maneuvers to appropriate criteria/
acceptable tolerances.
(vi) Parallel parking sight side. Drivertrainees must demonstrate proficiency
in proper techniques for performing
sight side parallel parking maneuvers to
appropriate criteria/acceptable
tolerances.
(vii) Coupling and uncoupling.
Driver-trainees must demonstrate
proficiency in proper techniques for
coupling, inspecting and uncoupling
combination vehicle units, in
accordance with safety requirements
and approved practices.
(3) Public road. The instructor must
engage in active two-way
communication with the driver-trainees
during all active training sessions and
evaluate the driving competence of the
driver-trainees during all public road
training. Concepts described in
paragraphs (b)(3)(viii) through (xiii) of
this section are discussed during public
road training or simulated, but not
necessarily performed.
(i) Vehicle controls including: Left
turn, right turns, lane changes, curves at
highway speeds. Driver-trainees must
demonstrate proficiency in proper
techniques for initiating vehicle
movement, executing left and right
turns, changing lanes, navigating curves
at speed, and stopping the vehicle in a
controlled manner.
(ii) Shifting/transmission. Drivertrainees must demonstrate proficiency
in proper techniques for performing safe
and fuel-efficient shifting and making
any necessary adjustments in the
process.
(iii) Communications/signaling.
Driver-trainees must demonstrate
proficiency in proper techniques for
signaling intentions and effectively
communicating with other drivers.
(iv) Visual search. Driver-trainees
must demonstrate proficiency in proper
techniques for visually searching the
road for potential hazards and critical
objects.
(v) Speed and space management.
Driver-trainees must demonstrate
proficiency in proper habits and
techniques for adjusting and
maintaining vehicle speed, taking into
consideration various factors such as
traffic and road conditions. Driver
trainees practice maintaining proper
speed to keep appropriate spacing
between the driver-trainee’s CMV and
other vehicles. Instruction must include
methods for calibrating safe following
distances under an array of conditions

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including traffic, weather, and CMV
weight and length.
(vi) Safe driver behavior. Drivertrainees must learn and demonstrate
proficiency in safe driver behavior
during their operation of the CMV.
(vii) Hours of service (HOS)
requirements. Driver-trainees must
demonstrate proficiency in the basic
activities required by the HOS
regulations, such as completing a
Driver’s Daily Log (electronic and
paper), timesheet, and logbook recap, as
appropriate.
(viii) Hazard perception (partial
demonstration). Driver-trainees must
demonstrate their ability to recognize
potential hazards in the driving
environment in time to reduce the
severity of the hazard and neutralize
possible emergency situations. Drivertrainees must demonstrate the ability to
identify road conditions and other road
users that are a potential threat to the
safety of the combination vehicle and
suggest appropriate adjustments.
(ix) Railroad (RR)-highway grade
crossing. (demonstration where railroad
grade crossing is available, simulated
otherwise). Driver-trainees must
demonstrate the ability to recognize
potential dangers and to implement
appropriate safety procedures when RRhighway grade crossings are reasonably
available.
(x) Night operation. Driver-trainees
must learn how to operate a CMV safely
at night. Heightened emphasis must be
placed upon the factors affecting the
operation of CMVs at night. Drivertrainees must learn that night driving
presents specific circumstances that
require heightened attention on the part
of the driver. Driver-trainees must be
taught special requirements for invehicle safety inspection, night vision,
communications, speed, and space
management, and proper use of lights as
needed to prepare driver-trainees to deal
with the special problems night driving
presents. Though not required to do so,
training providers are strongly
encouraged to offer driver-trainees
night-driving experience where feasible.
(xi) Extreme driving conditions.
Driver-trainees must be familiar with
the special risks created by, and the
heightened precautions required by,
driving CMVs under extreme driving
conditions, such as heavy rain, high
wind, high heat, high grades, fog, snow,
and ice. Emphasis must be placed upon
the factors affecting the operation of
CMVs in cold, hot, and inclement
weather and on steep grades and sharp
curves. Driver-trainees must learn and
demonstrate proficiency in changes in
basic driving habits needed to deal with

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the specific challenges presented by
these extreme driving conditions.
(xii) Emergency maneuvers/skid
avoidance. Driver-trainees must be
familiar with proper techniques for
responding to CMV emergencies, such
as evasive steering, emergency braking
and off-road recovery. They must also
know how to prevent or respond to
brake failures, tire blowouts,
hydroplaning, skidding, jackknifing,
and rollovers.
(xiii) Skid control and recovery.
Driver-trainees must know the causes of
skidding and jackknifing and techniques
for avoiding and recovering from them.
Driver-trainees must know how to
maintain directional control and bring
the CMV to a stop in the shortest
possible distance while operating over a
slippery surface.
§ 380.615 Class B—CDL training
curriculum.

(a) Class B CDL applicants must
successfully complete the Class B CDL
curriculum outlined in paragraph (b) of
this section. There is no required
minimum number of instruction hours
for theory training, but the training
provider must cover all the topics in the
curriculum set forth in paragraph (b) of
this section. Applicants must
successfully complete a minimum of 15
hours of BTW training with a minimum
of 7 hours of public road driving.
Training providers may determine how
the remaining 8 hours of BTW training
are spent, as long as the range
curriculum, as set forth below, is
covered. The mandatory minimum
hours of BTW training must be
conducted in a CMV for which a Class
B CDL would be required.
(b) Class B CDL core curriculum. The
Class B curriculum must, at a minimum,
include the following:
(1) Theory—(i) Basic operation. This
component must cover the interaction
between driver-trainees and the CMV.
Driver-trainees will receive instruction
in the Federal Motor Carrier Safety
Regulations (FMCSRs) and will be
introduced to the basic CMV
instruments and controls. Driver
trainees must familiarize themselves
with the basic operating characteristics
of a CMV. This section must also teach
driver-trainees how to properly perform
vehicle inspections, control the motion
of CMVs under various road and traffic
conditions, employ shifting and backing
techniques, and properly couple and
uncouple combination vehicles. Drivertrainees must first familiarize
themselves with the basic operating
characteristics of a CMV. Then, drivertrainees must be able to perform the
skills in each unit to a level of

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competency required to permit safe
transition to public road driving.
(A) Orientation. This unit must
introduce driver-trainees to the
combination vehicle driver training
curriculum and the components of a
combination vehicle. Driver-trainees
will learn the safety fundamentals,
essential regulatory requirements (i.e.,
overview of FMCSRs/hazardous
materials (HM) regulations), and drivertrainees’ responsibilities not directly
related to driving. This unit must also
cover the ramifications and driver
disqualification provisions and fines for
non-compliance with parts 380, 382,
383, 387, and 390 through 399 of this
chapter. This unit must also include an
overview of the applicability of State
and local laws relating to the safe
operation of the CMV, stopping at weigh
stations/scales, hazard awareness of
vehicle size and weight limitations, low
clearance areas (e.g., CMV height
restrictions), and bridge formulas.
(B) Control systems/dashboard. This
unit must introduce driver-trainees to
vehicle instruments, controls, and safety
components. The driver-trainees will
learn to read gauges and instruments
correctly and learn proper use of vehicle
safety components, including safety
belts and mirrors. Driver-trainees will
also learn to identify, locate, and
explain the function of each of the
primary and secondary controls
including those required for steering,
accelerating, shifting, braking, and
parking.
(C) Pre- and post-trip inspections.
This unit must stress to driver-trainees
the importance of vehicle inspections
and help them develop the skills
necessary for conducting pre-trip,
enroute, and post-trip inspections. This
unit must include instruction in a
driver-trainee’s personal awareness of
his or her surroundings, including at
truck stops and/or rest areas, and at
shipper/receiver locations.
(D) Basic control. This unit must
introduce basic vehicular control and
handling as it applies to combination
vehicles. This must include instruction
addressing basic combination vehicle
controls in areas such as executing
sharp left and right turns, centering the
vehicle, and maneuvering in restricted
areas.
(E) Shifting/operating transmissions.
This unit must introduce shifting
patterns and procedures to drivertrainees to prepare them to safely and
competently perform basic shifting
maneuvers. This must include training
driver-trainees to execute up and down
shifting techniques on multi-speed dual
range transmissions, if appropriate. The
importance of increased fuel economy

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achieved by utilizing proper shifting
techniques should also be covered.
(F) Backing and docking. This unit
must prepare driver-trainees to back and
dock the combination vehicle safely.
This unit must cover ‘‘Get Out and
Look’’ (GOAL), evaluation of backing/
loading facilities, knowledge of backing
set ups, as well as instruction in how to
back with use of spotters.
(ii) Safe operating procedures. This
component must teach the practices
required for safe operation of the
combination vehicle on the highway
under various road, weather, and traffic
conditions. Driver-trainees must be
instructed in the Federal rules (§ 392.16
of this chapter) governing the proper use
of safety restraint systems (i.e., safety
belts).
(A) Visual search. This unit must
enable driver-trainees to visually search
the road for potential hazards and
critical objects, including instruction on
recognizing distracted pedestrians or
distracted drivers. This unit must
include instruction in how to ensure a
driver-trainee’s personal security/
general awareness in common
surroundings such as truck stops and/or
rest areas, and at shipper/receiver
locations.
(B) Vehicle communications. This
unit must enable driver-trainees to
communicate their intentions to other
road users. Driver-trainees must learn
techniques for different types of
communication on the road, including
proper use of headlights, turn signals,
four-way flashers, and horns.
Instruction in proper utilization of eye
contact techniques with other drivers
and pedestrians will be covered in this
unit.
(C) Speed management. This unit
must enable driver-trainees to manage
speed effectively in response to various
road, weather, and traffic conditions.
Driver-trainees must understand that
driving competency cannot compensate
for excessive speed. Instruction must
include methods for calibrating safe
following distances under an array of
conditions including traffic, weather
and CMV weight and length.
(D) Space management. This unit
must teach driver-trainees about the
importance of managing the space
surrounding the vehicle. Emphasis must
be placed upon maintaining appropriate
space surrounding the vehicle for safe
operation under various traffic and road
conditions.
(E) Night operation. Driver-trainees
will learn the factors affecting the safe
operation of CMVs at night and in
darkness, including the specific factors
that require special attention on the part
of the driver. Driver-trainees must be

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instructed in vehicle safety inspection,
vision, communications, speed, and
space management and proper use of
lights, as needed, to deal with the
special problems night driving presents.
(F) Extreme driving conditions. This
unit addresses the driving of CMVs
under extreme conditions. Emphasis
must be placed upon the factors
affecting the operation of CMVs in cold,
hot, and inclement weather and on
steep grades and sharp curves. Drivertrainees will learn the changes in basic
driving habits needed to deal with the
specific problems presented by extreme
driving conditions. Driver-trainees will
also learn proper tire chaining
procedures in this unit.
(iii) Advanced operating practices.
This component must introduce higherlevel skills that can be acquired only
after the more fundamental skills and
knowledge taught in the prior two
sections have been mastered. Drivertrainees must learn about the advanced
perceptual skills necessary to recognize
potential hazards and must demonstrate
the procedures needed to handle a CMV
when faced with a hazard.
(A) Hazard perception. The unit must
provide instruction in recognizing
potential hazards in the driving
environment in time to reduce the
severity of the hazard and neutralize
possible emergency situations. Drivertrainees must identify road conditions
and other road users that are a potential
threat to the safety of the combination
vehicle and suggest appropriate
adjustments. Emphasis must be placed
upon hazard recognition, visual search,
adequate surveillance, and response to
possible emergency-producing
situations encountered by CMV drivers
in various traffic situations. Drivertrainees will also learn to recognize
potential dangers and the safety
procedures that must be utilized while
driving in construction/work zones.
(B) Distracted driving. Driver-trainees
must be instructed in the ‘‘key’’ driver
distraction issues, including improper
cell phone use, texting, and use of incab technology. This includes training
in the following aspects: Visual
attention (keeping eyes on the road);
manual control (keeping hands on the
wheel); and cognitive awareness
(keeping mind on the task and safe
operation of the CMV).
(C) Emergency maneuvers/skid
avoidance. This unit must enable
driver-trainees to carry out appropriate
responses when faced with CMV
emergencies. These must include
evasive steering, emergency braking,
and off-road recovery, as well as the
proper response to brake failures, tire
blowouts, hydroplaning, skidding,

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11975

jackknifing, and rollovers. The
discussion must include a review of
unsafe acts and the role they play in
producing or worsening hazardous
situations.
(D) Skid control and recovery. This
unit must teach the causes of skidding
and jackknifing and techniques for
avoiding and recovering from them.
Driver-trainees must understand the
importance of maintaining directional
control and bringing the CMV to a stop
in the shortest possible distance while
operating over a slippery surface.
(E) Railroad-highway grade crossings.
Driver-trainees will learn to recognize
potential dangers and appropriate safety
procedures to utilize at railroad (RR)highway grade crossings. This
instruction must include an overview of
various State RR grade crossing
regulations, RR grade crossing
environments, obstructed view
conditions, clearance around the tracks,
and rail signs and signals.
(F) Vehicle systems and reporting
malfunctions. This unit must provide
entry-level driver-trainees with
sufficient knowledge of the combination
vehicle and its systems and subsystems
to ensure that they understand and
respect their role in vehicle inspection,
operation, and maintenance and the
impact of those factors upon highway
safety and operational efficiency.
(G) Identification and diagnosis of
malfunctions, including out-of-service
violations. This unit must teach drivertrainees to identify major combination
vehicle systems. The goal is to explain
their function and how to check all key
vehicle systems, (e.g., engine, engine
exhaust auxiliary systems, brakes, drive
train, coupling systems, and
suspension) to ensure their safe
operation. Driver-trainees must be
provided with a detailed description of
each system, its importance to safe and
efficient operation, and what is needed
to keep the system in good operating
condition. Driver-trainees must further
learn what vehicle and driver violations
are classified as out-of-service (OOS),
including the ramifications and
penalties for operating when subject to
an OOS order as defined in § 390.5 of
this chapter.
(H) Maintenance. This unit must
introduce driver-trainees to the basic
servicing and checking procedures for
various engine and vehicle components
and to help develop their ability to
perform preventive maintenance and
simple emergency repairs.
(iv) Non-vehicle activities. This
component must prepare driver-trainees
to handle the responsibilities of a driver
that do not involve actually operating
the CMV.

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(A) Handling and documenting cargo.
This unit must enable driver-trainees to
understand the basic theory of cargo
weight distribution, cargo securement
on the vehicle, cargo covering, and
techniques for safe and efficient
loading/unloading. Driver-trainees will
learn basic cargo security/cargo theft
prevention procedures in this unit.
Basic information regarding the proper
handling and documentation of HM
cargo will also be covered in this unit.
(B) Environmental compliance issues.
Driver-trainees will learn to recognize
environmental hazards and issues
related to the CMV and load, and made
aware that city, county, State, and
Federal requirements may apply to such
circumstances.
(C) Hours of service requirements. The
purpose of this unit is to enable drivertrainees to understand that there are
different hours-of-service (HOS)
requirements applicable to different
industries. Driver-trainees must learn all
applicable HOS regulatory
requirements. Driver-trainees will
develop the ability to complete a
Driver’s Daily Log (electronic and
paper), timesheet, and logbook recap, as
appropriate. Driver-trainees will learn
the consequences (safety, legal, and
personal) of violating the HOS
regulations, including the fines and
penalties imposed for these types of
violations.
(D) Fatigue and wellness awareness.
The issues and consequences of chronic
and acute driver fatigue and the
importance of staying alert will be
covered in this unit. Driver-trainees
must learn regulatory requirements
regarding driver wellness and basic
health maintenance that affect a driver’s
ability to safely operate a CMV. This
unit also must address issues such as
diet, exercise, personal hygiene, stress,
and lifestyle changes.
(E) Post-crash procedures. Drivertrainees must learn appropriate postcrash procedures, including the
requirement that the driver, if possible,
assess his/her physical condition
immediately after the crash and notify
authorities, or assign the task to other
individuals at the crash scene. Drivertrainees must also learn how to protect
the area; obtain emergency medical
assistance; move on-road vehicles off
the road in minor crashes so as to avoid
subsequent crashes or injuries; engage
flashers, placing triangles, and properly
use a fire extinguisher, if necessary. The
following topics must also be covered:
Responsibilities for assisting injured
parties; Good Samaritan Laws; driver
legal obligations and rights, including
rights and responsibilities for engaging
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the importance of learning company
policy on post-crash procedures. Drivertrainees must receive instruction in
post-crash testing requirements related
to controlled substances and alcohol.
Driver-trainees must learn the
techniques of photographing the scene;
obtaining witness information; assessing
skid measurements; and assessing
signage, road, and weather conditions.
(F) External communications. Drivertrainees must be instructed in the value
of effective interpersonal
communication techniques/skills to
interact with enforcement officials.
Driver-trainees must be taught the
specifics of the roadside vehicle
inspection process, and what to expect
during this activity. Driver-trainees who
are not native English speakers must be
instructed in FMCSA English language
proficiency requirements and the
consequences for violations. Drivertrainees also must learn the implications
of violating Federal and state
regulations on their driving records and
their employing motor carrier’s records.
(G) Whistleblower/coercion. This unit
will advise the driver-trainees about the
right of an employee to question the
safety practices of an employer without
incurring the risk of losing a job or being
subject to reprisals simply for stating a
safety concern. Driver-trainees must be
instructed in the whistleblower
protection regulations in 29 CFR part
1978. They must also learn the
procedures for reporting to FMCSA
incidents of coercion from motor
carriers, shippers, receivers, or
transportation intermediaries.
(H) Trip planning. This unit must
address the importance of and
requirements for planning routes and
trips. This instruction must address
planning the safest route, planning for
rest stops, heavy traffic areas, railroadhighway grade crossing safe clearance
and ground clearance (i.e., ‘‘high
center’’), the importance of Federal and
State requirements on the need for
permits, and vehicle size and weight
limitations. Driver-trainees must be
instructed in the correct identification
of restricted routes, the pros and cons of
Global Positioning System (GPS)/trip
routing software, and the importance of
selecting fuel-efficient routes.
(I) Drugs/alcohol. In this unit, drivertrainees must learn that there are a
variety of rules applicable to drug and
alcohol use and must receive the
training required by the applicable drug
and alcohol regulations, including
consequences for engaging in controlled
substance (including prescription drugs)
and alcohol use-related conduct. The
importance of avoiding use of drugs/

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alcohol in violation of applicable
regulations must be covered in this unit.
(J) Medical requirements. In this unit,
driver-trainees will learn the Federal
rules on medical certification, medical
examination procedures, general
qualifications, responsibilities, and
disqualifications based on various
offenses, orders, and loss of driving
privileges (49 CFR part 391, subparts B
and E).
(2) Range. This unit must consist of
driving exercises related to basic vehicle
control skills and mastery of basic
maneuvers, as covered in §§ 383.111
and 383.113 of this chapter, necessary to
operate the vehicle safely. Activities in
this unit will take place on a driving
range as defined in § 380.605.
(i) Vehicle inspection pre-trip/
enroute/post-trip. Driver-trainees must
demonstrate proficiency in proper
techniques for performing pre-trip,
enroute, and post-trip inspections and
making accurate notes of actual and
suspected component abnormalities or
malfunctions using a Driver Vehicle
Inspection Report in accordance with
the FMCSRs.
(ii) Straight line backing. Drivertrainees must demonstrate proficiency
in proper techniques for performing
various straight line backing maneuvers
to appropriate criteria/acceptable
tolerances.
(iii) Alley dock backing (45/90
degree). Driver-trainees must
demonstrate proficiency in proper
techniques for performing 45/90 degree
alley dock maneuvers, to appropriate
criteria/acceptable tolerances.
(iv) Off-set backing. Driver-trainees
must demonstrate proficiency in proper
techniques for performing off-set
backing maneuvers to appropriate
criteria/acceptable tolerances.
(v) Parallel parking blind side. Drivertrainees must demonstrate proficiency
in proper techniques for performing
parallel parking blind side positions/
maneuvers to appropriate criteria/
acceptable tolerances.
(vi) Parallel parking sight side. Drivertrainees must demonstrate proficiency
in proper techniques for performing
sight side parallel parking maneuvers to
appropriate criteria/acceptable
tolerances.
(3) Public road. The instructor must
engage in active two-way
communication with the driver-trainees
during all active training sessions and
evaluate the driving competence of the
driver-trainees during all public road
training. Concepts described in
paragraphs (b)(3)(viii) through (xiii) of
this section are discussed during public
road training or simulated, but not
necessarily performed.

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(i) Vehicle controls including: left
turn, right turns, lane changes, curves at
highway speeds. Driver-trainees must
demonstrate proficiency in proper
techniques for initiating vehicle
movement, executing left and right
turns, changing lanes, navigating curves
at speed, and stopping the vehicle in a
controlled manner.
(ii) Shifting/transmission. Drivertrainees must demonstrate proficiency
in proper techniques for performing safe
and fuel-efficient shifting and making
any necessary adjustments in the
process.
(iii) Communications/signaling.
Driver-trainees must demonstrate
proficiency in proper techniques for
signaling intentions and effectively
communicating with other drivers.
(iv) Visual search. Driver-trainees
must demonstrate proficiency in proper
techniques for visually searching the
road for potential hazards and critical
objects.
(v) Speed and space management.
Driver-trainees must demonstrate
proficiency in proper habits and
techniques for adjusting and
maintaining vehicle speed, taking into
consideration various factors such as
traffic and road conditions. Driver
trainees practice maintaining proper
speed to keep appropriate spacing
between the driver-trainee’s CMV and
other vehicles. Instruction must include
methods for calibrating safe following
distances under an array of conditions
including traffic, weather, and CMV
weight and length.
(vi) Safe driver behavior. Drivertrainees must learn and demonstrate
proficiency in safe driver behavior
during their operation of the CMV.
(vii) Hours of service (HOS)
requirements. Driver-trainees must
demonstrate proficiency in the basic
activities required by the HOS
regulations, such as completing a
Driver’s Daily Log (electronic and
paper), timesheet, and logbook recap, as
appropriate.
(viii) Hazard perception (partial
demonstration). Driver-trainees must
demonstrate their ability to recognize
potential hazards in the driving
environment in time to reduce the
severity of the hazard and neutralize
possible emergency situations. Drivertrainees must demonstrate the ability to
identify road conditions and other road
users that are a potential threat to the
safety of the combination vehicle and
suggest appropriate adjustments.
(ix) Railroad (RR)-highway grade
crossing (demonstration where railroad
grade crossing is available, simulated
otherwise). Driver-trainees must
demonstrate the ability to recognize

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potential dangers and to implement
appropriate safety procedures when RRhighway grade crossings are reasonably
available.
(x) Night operation. Driver-trainees
must learn how to operate a CMV safely
at night. Heightened emphasis must be
placed upon the factors affecting the
operation of CMVs at night. Drivertrainees must learn that night driving
presents specific circumstances that
require heightened attention on the part
of the driver. Driver-trainees must be
taught special requirements for invehicle safety inspection, night vision,
communications, speed, and space
management, and proper use of lights as
needed to prepare driver-trainees to deal
with the special problems night driving
presents. Though not required to do so,
training providers are strongly
encouraged to offer driver-trainees
night-driving experience where feasible.
(xi) Extreme driving conditions.
Driver-trainees must be familiar with
the special risks created by, and the
heightened precautions required by,
driving CMVs under extreme driving
conditions, such as heavy rain, high
wind, high heat, high grades, fog, snow,
and ice. Emphasis must be placed upon
the factors affecting the operation of
CMVs in cold, hot, and inclement
weather and on steep grades and sharp
curves. Driver-trainees must learn and
demonstrate proficiency in changes in
basic driving habits needed to deal with
the specific challenges presented by
these extreme driving conditions.
Driver-trainees will also learn proper
tire chaining procedures in this unit.
(xii) Emergency maneuvers/skid
avoidance. Driver-trainees must be
familiar with proper techniques for
responding to CMV emergencies, such
as evasive steering, emergency braking
and off-road recovery. They must also
know how to prevent or respond to
brake failures, tire blowouts,
hydroplaning, skidding, jackknifing,
and rollovers.
(xiii) Skid control and recovery.
Driver-trainees must know the causes of
skidding and jackknifing and techniques
for avoiding and recovering from them.
Driver-trainees must know how to
maintain directional control and bring
the CMV to a stop in the shortest
possible distance while operating over a
slippery surface.
§ 380.619 Passenger endorsement training
curriculum.

(a) This section describes the training
requirements and curriculum that a
CMV driver seeking a passenger (P)
endorsement on his or her CDL must
successfully complete in order to
receive the P endorsement.

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(b) There is no required minimum
number of instruction hours for any
portion of this training, but the training
provider must cover all the topics
identified in paragraph (d).
(c) The training must be conducted in
a representative vehicle for the P
endorsement.
(d) Passenger bus ‘‘P’’ entry-level
driver training (ELDT) curriculum. The
passenger endorsement training must, at
a minimum, contain the following:
(1) Theory—(i) Post-crash procedures.
Evidence suggests that including ‘‘PostCrash Procedure’’ training early in the
driver-training curriculum may enhance
the impact of subsequent training and
have a positive influence in reducing
crashes involving new drivers.
Accordingly, driver-trainees must learn
appropriate post-crash procedures,
including the requirement that the
driver, if possible, assess his or her
physical condition immediately after
the crash and notify authorities, or
assign the task to a passenger or other
individuals at the crash scene. Also,
driver-trainees must learn how to obtain
emergency medical assistance; move onroad vehicles off the road in minor
crashes so as to avoid subsequent
crashes or injuries; engage flashers,
placing triangles, and properly use a fire
extinguisher if necessary. The following
topics must also be covered:
responsibilities for assisting injured
parties and Good Samaritan Laws;
driver legal obligations and rights,
including rights and responsibilities for
engaging with law enforcement
personnel; and the importance of
learning company policy on post-crash
procedures. Driver-trainees must also
learn the techniques of photographing
the scene; obtaining witness
information, skid measurements; and
assessing signage, road, and weather
conditions.
(ii) Other emergency procedures.
Driver-trainees must receive instruction
in managing security breaches, on-board
fires, medical emergencies, and
emergency stopping procedures
including the deployment of various
emergency hazard signals (49 CFR
392.22). Instruction must also include
procedures for dealing with mechanical
breakdowns and vehicle defects while
enroute.
(iii) Vehicle orientation. Drivertrainees must become familiar with
basic physical and operational
characteristics of a bus, including
overall height, length, width, ground
clearances, rear overhang, Gross Vehicle
Weight and Gross Vehicle Weight
Rating, axle weights, tire ratings,
mirrors, steer wheels, lighting,
windshield, windshield wipers, engine

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compartments, basic electrical system,
and spare tire storage. Additionally,
driver-trainees must receive instruction
in techniques for proper seat and mirror
adjustments.
(iv) Pre-trip, enroute, and post-trip
inspection. (A) This unit must
underscore the importance of pre-trip,
enroute, and post-trip inspections; and
provide instruction in techniques for
conducting such inspections of buses
and key components, including, but not
limited to:
(1) Bus mechanical condition;
(2) Brakes;
(3) Tires (including tire pressure);
(4) Emergency exits;
(5) Emergency equipment;
(6) Bus interiors (including passenger
seats as applicable);
(7) Restrooms and associated
environmental requirements;
(8) Temperature controls (for
maintaining passenger comfort);
(9) Driver and passenger seat belts;
and
(10) Mirrors.
(B) Additionally, driver-trainees must
receive instruction in procedures, as
applicable, in security-related
inspections, including inspections for
unusual wires or other abnormal visible
materials, interior and exterior luggage
compartments, packages or luggage left
behind, and signs of cargo or vehicle
tampering.
(C) Driver-trainees must receive
instruction in cycling-accessible lifts
and procedures for inspecting them for
functionality and defects.
(v) Fueling. Driver-trainees must
receive instruction emphasizing the
significance of avoiding refueling a bus
while passengers are onboard, and the
imperative of avoiding refueling in an
enclosed space.
(vi) Idling. Most States and local
jurisdictions impose commercial motor
vehicle idling limits, generally to reduce
emissions. Idling limits can vary
significantly for passenger carriers, with
considerations for ambient temperature,
safety of passengers, traffic conditions,
etc. Driver-trainees must receive
instruction regarding the importance of
compliance with State and local laws
and regulations, including for example,
fuel savings; and the consequences of
non-compliance, including adverse
health effects and penalties.
(vii) Baggage and/or cargo
management. In this unit, drivertrainees must receive training on:
(A) Proper methods for handling
passenger baggage and containers to
avoid worker, passenger, and nonpassenger (e.g., bystander) related
injuries and property damage.

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(B) Procedures for visually inspecting
baggage and containers for prohibited
items such as hazardous materials.
(C) Proper methods for handling and
securing passenger baggage and
containers, as applicable.
(D) Proper handling and securement
of devices associated with the
Americans with Disabilities Act (ADA)
compliance, including oxygen, wheeled
mobility devices, and other associated
apparatuses.
(E) Identifying prohibited and
acceptable materials such as Class 1
(explosives), Hazardous Materials,
articles other than Class 1 (explosive)
materials, Division 6.1 (poisonous) or
Division 2.3 (poisonous gas), Class 7
(radioactive) materials as specified in 49
CFR part 177 subpart E and removing
prohibited materials as appropriate.
(viii) Passenger safety awareness
briefing. Driver-trainees must receive
instruction on briefing passengers on
safety topics including fastening seat
belts, emergency exits, emergency
phone contact information, fire
extinguisher location, safely walking in
the aisle when the bus is moving, and
restroom emergency push button or
switch.
(ix) Passenger management. In this
unit, driver-trainees must receive
instruction concerning:
(A) Proper procedures for safe loading
and unloading of passengers prior to
departure, including rules concerning
standing passengers and the Standee
Line (49 CFR 392.62).
(B) Procedures for dealing with
disruptive passengers.
(x) Americans with Disabilities Act
(ADA) compliance. Along with learning
the proper operation of accessibility
equipment (e.g., lifts), driver-trainees
must receive instruction regarding the
applicable regulations and proper
procedures for engaging persons with
disabilities or special needs under the
ADA. Training must cover passengers
with mobility issues, engaging
passengers with sight, hearing or
cognitive impairments, and recognizing
the permitted use of service animals.
Driver-trainees must receive sensitivity
training and be familiar with applicable
regulations (49 CFR part 37 subpart H).
(xi) Hours of service (HOS)
requirements. Driver-trainees must
receive instruction regarding HOS
regulations that apply to drivers for
interstate passenger carriers. Drivertrainees must receive instruction in the
basic activities required by the HOS
regulations, such as completing a
Driver’s Daily Log (electronic and
paper), timesheet, and logbook recap, as
appropriate. Driver-trainees must
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recognize the signs of fatigue, and basic
fatigue countermeasures as a means to
avoid crashes.
(xii) Safety belt safety. Driver-trainees
must be instructed in the Federal rules
(§ 392.16 of this chapter) governing the
proper use of safety restraint systems
(i.e., seat belts) by CMV drivers.
(xiii) Distracted driving. Drivertrainees must receive instruction
regarding FMCSA regulations that
prohibit bus drivers from texting or
using hand-held mobile phones while
operating their vehicles; and must be
instructed in the serious consequences
of violations, including crashes, heavy
fines, impacts on a motor carrier’s and/
or driver’s safety records, and/or driver
disqualification.
(xiv) Railroad (RR)-highway grade
crossings. This unit must instruct
driver-trainees in applicable regulations,
techniques, and procedures for
navigating RR-highway grade crossings
appropriate to passenger buses.
(xv) Weigh station obligations. Drivertrainees must receive instruction
regarding weigh-station regulations that
apply to buses and the fines applicable
to drivers who unlawfully pass or avoid
weigh stations.
(xvi) Security and crime. Drivertrainees must receive instruction in
basic techniques for recognizing and
minimizing risks from criminal
activities.
(xvii) Commercial Vehicle Safety
Alliance (CVSA) North American out-ofservice criteria. Driver-trainees must
receive instruction in the applicable
regulations for conducting CVSA Level
I–VII inspections for buses, including
the vehicle defects and driver violations
that can result in out-of-service (OOS)
orders, and consequences for violating
OOS orders. Training providers should
provide driver-trainees with a CVSA
manual.
(xviii) Penalties and fines. Drivertrainees must receive instruction
concerning the potential consequences
of violating driver-related regulations,
including impacts on driver and motor
carrier safety records, adverse impacts
on the driver’s Pre-employment
Screening Program record; financial
penalties for both the driver and carrier;
and possible loss of CMV driving
privileges.
(2) Range and public road. The
instructor must engage in active twoway communication with the drivertrainees during all active training
sessions and evaluate the driving
competence of the driver-trainees
during all road training.
(i) Commercial Vehicle Safety
Alliance (CVSA) North American out-ofservice criteria. Driver-trainees must

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demonstrate their knowledge of
applicable regulations for conducting
CVSA Level I–VII inspections for buses,
including the vehicle defects and driver
violations that can result in out-ofservice (OOS) orders, and consequences
for violating OOS orders. Training
providers should furnish driver-trainees
with a CVSA manual.
(ii) Vehicle orientation. Training
providers must familiarize drivertrainees with basic bus physical and
operational characteristics including
overall height, length, width, ground
clearances, rear overhang, gross vehicle
weight and gross vehicle weight rating,
axle weights, tire ratings, mirrors, steer
wheels, lighting, windshield,
windshield wipers, engine
compartments, basic electric system,
and spare tire storage. Additionally,
driver-trainees must receive instruction
in techniques for proper seat and mirror
adjustments.
(iii) Pre-trip, enroute, and post-trip
inspection. (A) Driver-trainees must
demonstrate their ability to conduct
such pre-trip, enroute and post-trip
inspections of buses and key
components, including, but not limited
to:
(1) Bus mechanical condition;
(2) Brakes;
(3) Tires (including tire pressure);
(4) Emergency exits;
(5) Emergency Equipment;
(6) Bus interiors (including passenger
seats as applicable);
(7) Restrooms and associated
environmental requirements;
(8) Temperature controls (for
maintaining passenger comfort);
(9) Driver and passenger seat belts;
and
(10) Mirrors.
(B) Additionally, driver-trainees must
demonstrate their knowledge of
procedures, as applicable, in securityrelated inspections, including
inspections for unusual wires or other
abnormal visible materials, interior and
exterior luggage compartments,
packages or luggage left behind, and
signs of cargo or vehicle tampering.
(C) Driver-trainees must know how to
operate cycling-accessible lifts and the
procedures for inspecting them for
functionality and defects.
(iv) Baggage and/or cargo
management. In this unit, drivertrainees must demonstrate their ability
to:
(A) Properly handle passenger
baggage and containers to avoid worker,
passenger, and non-passenger related
injuries and property damage;
(B) Visually inspect baggage and
containers for prohibited items such as
hazardous materials;

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(C) Properly handle and secure
devices associated with ADA
compliance including oxygen, wheeled
mobility devices, and other associated
apparatuses; and
(D) Identify prohibited and acceptable
Class 1 (explosives), Hazardous
Materials, articles other than Class 1
(explosive) materials, Division 6.1
(poisonous) or Division 2.3 (poisonous
gas), Class 7 (radioactive) materials as
specified in 49 CFR part 177 subpart E
and remove prohibited materials as
appropriate.
(iv) Passenger safety awareness
briefing. Driver-trainees must
demonstrate their ability to brief
passengers on safety on topics
including: fastening seat belts,
emergency exits, emergency phone
contact information, fire extinguisher
location, safely walking in the aisle
when the bus is moving, and restroom
emergency push button or switch.
(v) Passenger management. In this
unit, driver-trainees must demonstrate
their ability to safely load and unload
passengers prior to departure and to
deal with disruptive passengers.
(vi) Railroad-highway grade crossings.
This unit must instruct driver-trainees
in applicable regulations, techniques,
and procedures for navigating railroad
crossings appropriate to passenger
buses.
§ 380.621 School bus endorsement
training curriculum.

(a) This section sets forth the training
requirements and curriculum that a
CMV driver seeking a school bus
endorsement (S) on his or her CDL must
successfully complete in order to
receive the S endorsement.
(b) There is no required minimum
number of instruction hours for any
portion of this training, but the training
provider must cover all the topics
identified in paragraph (d).
(c) The training must be conducted in
a representative vehicle for the S
endorsement involved.
(d) School bus (S) entry-level driver
training curriculum. The school bus
endorsement training must, at a
minimum, include the following:
(2) Theory—(i) Danger zones and use
of mirrors. This unit must instruct
driver-trainees regarding the danger
zones that exist around the school bus
and the techniques to ensure the safety
of those around the bus. These
techniques include correct mirror
adjustment and usage. The types of
mirrors and their use must be discussed,
as well as the requirements found in
Federal Motor Vehicle Safety Standard
(FMVSS) 111 (49 CFR 571.111). Drivertrainees must be informed of the

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dangers of ‘‘dart-outs.’’ Driver-trainees
also must be instructed on the
importance of training students how to
keep out of the danger zone when
around school buses and the techniques
for doing so.
(ii) Loading and unloading. Drivertrainees must be instructed on the State
and local laws and procedures for
loading and unloading, as well as the
required procedures for students
waiting at a bus stop and crossing the
roadway at a bus stop. Special dangers
involved in loading and unloading must
be specifically discussed, including
procedures to ensure the danger zone is
clear and that no student has been
caught in the doorway prior to moving
the vehicle Instruction also must be
included on the proper use of lights,
stop arms, crossing gates, and safe
operation of the door during loading
and unloading; the risks involved with
leaving students unattended on a school
bus; and the proper techniques for
checking the bus for sleeping children
and lost items at the end of each route.
(iii) Post-crash procedures. This unit
must instruct driver-trainees instruction
on the proper procedures following a
school bus crash. Training must include
instruction on tending to injured
passengers, post-crash vehicle
securement, notification procedures,
deciding whether to evacuate the bus,
data gathering, and interaction with law
enforcement officials.
(iv) Emergency exit and evacuation.
Driver-trainees must receive instruction
on their role in safely evacuating the bus
in an emergency and planning for an
emergency in advance. Training must
include proper evacuation methods and
procedures, such as the safe evacuation
of students on field and activity trips
who only occasionally ride school buses
and thus may not be familiar with the
procedures.
(v) Railroad-highway grade crossings.
Driver-trainees are made aware of the
dangers trains present and the
importance of the school bus driver and
students strictly following railroad
crossing procedures. Instruction must be
given on the types of crossings, warning
signs and devices, and State and local
procedures and regulations for school
buses when crossing railroad-highway
grade crossings.
(vi) Student management. Drivertrainees must receive instruction on
their responsibility to manage student
behavior on the bus to ensure that safety
is maintained and the rights of others
are respected. Specific student
management techniques must be
discussed, including warning signs of
bullying and the techniques for
managing student behavior and

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administering discipline. Driver-trainees
must learn techniques to avoid
becoming distracted by student behavior
while driving, especially when crossing
railroad tracks and during loading and
unloading. Driver-trainees also must
learn techniques for handling serious
problems arising from student behavior.
(vii) Antilock-braking systems. Drivertrainees must be provided an overview
of anti-lock braking systems (ABS).
Topics discussed must include which
vehicles are required to have ABS, how
ABS helps the driver, techniques for
braking with ABS, procedures to follow
if ABS systems malfunction, and general
ABS safety reminders.
(viii) Special safety considerations.
This unit must cover special safety
considerations and equipment in school
bus operations. Topics discussed must
include use of strobe lights, driving in
high winds, safe backing techniques,
and preventing tail swing crashes.
(ix) Pre- and post-trip inspections.
Driver-trainees must receive an
overview of the pre- and post-trip
inspection requirements unique to
school bus equipment, such as mirrors,
stop arms, crossing arms, emergency
exits, fire extinguishers, passenger seats,
first aid kits, interior lights, and internal
vehicle conditions. Driver-trainees must
be instructed in State and local
procedures, as applicable, for inspection
of school bus equipment.
(x) School bus security. This unit
must cover the security issues facing
school bus drivers. Driver-trainees must
be made aware of potential security
threats, techniques for preventing and
responding to security threats, how to
recognize and report suspicious
behavior, and what to do in the event
of a hijacking or attack on a school bus.
(xi) Route and stop reviews. Drivertrainees must be made aware of the
importance of planning their routes
prior to beginning driving in order to
avoid distraction while on the road.
They must learn techniques for
reviewing routes and stops, as well as
State and local procedures for reporting
hazards along the route and at bus stops.
(xii) Night operation. Driver-trainees
must learn about the special challenges
presented when operating a school bus
at night and the techniques for driving
safely at times of darkness, such as
during a thunderstorm.
(2) Range and public road—(i) Danger
zones and use of mirrors. Drivertrainees must demonstrate the
techniques necessary to ensure the
safety of persons in the danger zone
around the bus. Driver-trainees must be
practice mirror adjustment and usage.
The types of mirrors and their use are
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demonstrate the requirements of 49 CFR
571.111.
(ii) Loading and unloading. Drivertrainees must practice the loading and
unloading techniques learned in the
theory portion of the training. Drivertrainees must practice checking the
vehicle for sleeping children and lost
items at the end of the route.
(iii) Emergency exit and evacuation.
Driver-trainees must practice their role
in safely evacuating the bus in an
emergency.
(iv) Special safety considerations.
Driver-trainees must practice safe
backing techniques and demonstrate
their ability to avoid tail swing crashes
by using reference points when making
turns.
(v) Pre- and post-trip inspections.
Driver-trainees must practice pre-and
post-trip inspections of school busspecific equipment, such as mirrors,
stop arms, crossing arms, emergency
exits, fire extinguishers, passenger seats,
first aid kits, interior lights, and internal
vehicle conditions.
(vi) Railroad-highway grade crossings.
Driver-trainees must practice proper
procedures for safely crossing railroadhighway grade crossing in a school bus.
§ 380.623 Hazardous materials
endorsement training curriculum

(a) This section sets forth the training
requirements and curriculum that a
CMV driver seeking a hazardous
materials endorsement (H) on his or her
CDL must successfully complete in
order to receive the H endorsement.
(b) There is no required minimum
number of instruction hours for theory
training, but the training provider must
cover all the topics in the curriculum in
paragraph (c) of this section.
(c) Hazardous materials entry-level
driver training curriculum. The
hazardous materials (HM) curriculum
must, at a minimum, include the
following:
(1) Theory—(i) Basic introductory HM
requirements. Driver-trainees must learn
the basic HM competencies, including
applicability requirements when HM is
being transported. Driver-trainees must
also be instructed in the HM
communication requirements including:
shipping paper requirements; marking;
labeling; placarding; emergency
response information; and shipper’s
responsibilities.
(ii) Operational HM requirements.
Driver-trainees must learn the basic
competencies for transportation of HM
(i.e., vehicle operation).
(iii) Reporting HM crashes and
releases. Driver-trainees must learn the
proper procedures and contacts for the
immediate notification related to certain

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HM incidents, including instruction in
the proper completion and submission
of HM Incident Reports.
(iv) Tunnels and railroad (RR)highway grade crossing requirements.
Driver-trainees must learn the proper
operation of an HM vehicle at RRhighway grade crossings and in
vehicular tunnels.
(v) Loading and unloading HM.
Driver-trainees must learn the proper
loading and unloading procedures for
hazardous material cargo. Drivertrainees must also learn the
requirements for proper segregation and
securement of HM, and the prohibitions
on transporting certain solid and liquid
poisons with foodstuffs.
(vi) HM on passenger vehicles. Drivertrainees must learn the various
requirements for vehicles transporting
passengers and property, and the types
and quantities of HM that can and
cannot be transported in these vehicles/
situations.
(vii) Bulk packages. (A) Drivertrainees must learn the specialized
requirements for transportation of cargo
in bulk packages, including cargo tanks,
intermediate bulk containers, bulk
cylinders and portable tanks. The unit
must include training in the operation
of emergency control features, special
vehicle handling characteristics,
rollover prevention, and the properties
and hazards of the HM transported.
(B) Driver-trainees must learn
methods specifically designed to reduce
cargo tank rollovers including, but not
limited to, vehicle design and
performance, load effects, highway
factors, and driver factors.
(viii) Operating emergency
equipment. Driver-trainees must learn
the applicable requirements of the
FMCSRs and the procedures necessary
for the safe operation of the motor
vehicle. This includes training in
special precautions for fires, loading
and unloading, operation of cargo tank
motor vehicle equipment, and shut-off/
shut-down equipment.
(ix) Emergency response procedures.
Driver-trainees must learn the proper
procedures and best practices for
handling an emergency response and
post-response operations, including
what to do in the event of an
unintended release of an HM. All
training, preparation, and response
efforts must focus on the hazards of the
materials that have been released; and
the protection of people, property, and
the environment.
(x) Engine (fueling). Driver-trainees
must learn the procedures for fueling a
vehicle that contains HM.
(xi) Tire check. Driver-trainees must
learn the proper procedures for

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checking the vehicle tires at the start of
a trip and each time the vehicle is
parked.
(xii) Routes and route planning.
Driver-trainees must learn the proper
routing procedures that they are
required to follow for the transportation
of radioactive and non-radioactive HM.
(xiii) Hazardous materials safety
permits (HMSP). Driver-trainees must be
instructed in the proper procedures and
operational requirements including
communications, constant attendance,
and parking that apply to the
transportation of an HM for which an
HMSP is required.

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§ 380.625

Refresher training curriculum.

(a) This section sets forth the training
requirements and curriculum that a CDL
holder who is disqualified from
operating a CMV, must complete in
order to reapply for a CDL.
(b) There is no required minimum
number of instruction hours for any
portion of the curriculum, but the
training provider must cover all the
topics in the curriculum in paragraph
(d) of this section.
(c) The training must be conducted in
a representative vehicle consistent with
the driver’s CDL Class and/or
endorsement for which the driver is
reapplying.
(d) Entry-level driver training
refresher curriculum. The refresher
curriculum must, at a minimum,
include the following:
(1) Theory—(i) Post-crash procedures.
Including post-crash procedure training
early in the curriculum may enhance
the impact of subsequent training and
have a positive influence in reducing
crashes. Accordingly, driver-trainees
must learn appropriate post-crash
procedures, including the requirement
that, if possible, the driver assess his or
her physical condition immediately
after the crash and notify authorities, or
assign the task to other individuals at
the crash scene. Also, driver-trainees
must learn how to obtain emergency
medical assistance; move on-road
vehicles off the road in minor crashes so
as to avoid subsequent crashes or
injuries; engage flashers; and place
triangles. The following topics must also
be covered: responsibilities for assisting
injured parties and Good Samaritan
Laws; driver legal obligations and rights,
including rights and responsibilities for
engaging with law enforcement
personnel; and the importance of
learning company policy on post-crash
procedures. Driver-trainees must also
learn the techniques of photographing
the scene; obtaining witness
information; skid measurements; and

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assessing signage, road, and weather
conditions.
(ii) Alcohol and controlled
substances. Driver-trainees must be
instructed in the Federal regulations on
driving under the influence of alcohol
or controlled substances and the
potential consequences for violating the
regulations. (See part 382 and §§ 392.4
and 392.5 of this chapter)
(iii) Driver fatigue and wellness.
Driver-trainees must be instructed in the
extreme safety risks associated with
fatigued driving, and the risks and
potential consequences, including legal
consequences for the driver, of causing
a crash due to fatigued driving.
(iv) Hours of service (HOS) and
records of duty status/logbooks. Drivertrainees must learn the basic applicable
concepts and HOS requirements; and
must practice completing a Driver’s
Daily Log (electronic and paper),
timesheet, and logbook recap as
appropriate.
(v) Seat belt safety. Driver-trainees
must be instructed in the Federal rules
(§ 392.16 of this chapter) governing the
proper use of safety restraint systems
(i.e., seat belts) by CMV drivers.
(vi) Distracted driving. Driver-trainees
must be instructed in the ‘‘key’’ driver
distraction issues, including improper
cell phone use, texting, and use of incab technology. This includes training
in the following aspects: visual attention
(keeping eyes on the road); manual
control (keeping hands on the wheel);
and cognitive awareness (keeping mind
on the task and safe operation of the
CMV).
(vii) Serious traffic violations while
operating a CMV. Driver-trainees must
be instructed in Federal regulations in
§ 383.51 of this chapter pertaining to the
potential disqualification of drivers for
violations such as following too closely;
improper lane changes; driving 15 mph
or more over the speed limit; and
reckless driving.
(viii) CDL holder committing serious
traffic violations while operating a nonCMV. Driver-trainees must be instructed
in Federal regulations in § 383.51 of this
chapter pertaining to the potential
disqualification of drivers—for driving
violations off the job, i.e., while not
operating a CMV. Driver-trainees must
learn that CDL holders are held to a
higher standard as the CDL is a
professional license.
(ix) Safe operating procedures. Drivertrainees must be taught how to apply
their basic operating skills in a way that
ensures their safety and that of other
road users under various road, weather,
and traffic conditions as follows.
(x) Visual search. Driver-trainees must
be taught how to visually search the

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road for potential hazards and critical
objects, including instruction on
recognizing distracted pedestrians and/
or distracted drivers. This unit must
include instruction in how to ensure a
driver-trainee’s personal security/
general awareness in common
surroundings such as truck stops, rest
areas, and at shipper/receiver locations.
(xi) Vehicle communications. This
unit must enable driver-trainees to
communicate their intentions to other
road users (e.g., proper signaling).
Driver-trainees must learn techniques
for different types of communication on
the road, including proper use of
headlights, turn signals, four-way
flashers, and horns. Instruction in
proper utilization of eye contact
techniques with other drivers and
pedestrians must be covered in this
unit.
(xii) Speed management. This unit
must instruct driver-trainees in
managing speed effectively in response
to various road, weather, and traffic
conditions. Driver-trainees must
understand that driving competency
cannot compensate for excessive speed.
Instruction must include methods for
calibrating safe following distances
under an array of conditions including
traffic, weather and CMV weight and
length.
(xiii) Space management. In this unit
driver-trainees will learn how to manage
the space around the vehicle for safe
operation. Emphasis must be placed
upon maintaining appropriate space
surrounding the vehicle under various
traffic and road conditions.
(xiv) Night operation. Driver-trainees
must be instructed in how to operate a
CMV safely at night. Heightened
emphasis must be placed upon the
factors affecting the safe operation of
CMVs at night and in darkness. Drivertrainees must understand that night
driving presents specific factors that
require special attention on the part of
the driver. Driver-trainees must be
instructed in special requirements for
vehicle safety inspection, vision,
communications, speed, space
management and proper use of lights, as
needed, to deal with the unique
problems night driving presents.
(xv) Extreme driving conditions. This
unit must provide instruction
addressing driving under extreme
conditions. Emphasis must be placed
upon the factors affecting the operation
of CMVs in cold, hot, and inclement
weather and on steep grades and sharp
curves. Driver-trainees must understand
the changes in basic driving habits
needed to deal with the specific
problems presented by these conditions.
Driver-trainees also must be instructed

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in proper tire chaining procedures in
this unit.
(2) Advanced operating practices.
Driver-trainees must learn the
perceptual skills necessary to recognize
potential hazards.
(i) Hazard perception. The unit must
provide instruction in recognizing
hazards in time to reduce the severity of
the hazard and neutralize possible
emergency situations. Driver-trainees
must learn to identify road conditions
and other road users who are a potential
threat to the safety of the combination
vehicle and suggest appropriate
adjustments, e.g. defensive maneuvers.
Emphasis must be placed upon hazard
recognition, visual search, adequate
surveillance, and response to possible
emergency-producing situations
encountered by CMV drivers. Drivertrainees also must be instructed to
recognize potential dangers and the
appropriate safety procedures to utilize
while driving in construction/work
zones.
(ii) Emergency maneuvers/skid
avoidance. This unit must prepare
driver-trainees to carry out appropriate
responses when faced with CMV
emergencies, such as evasive steering,
emergency braking, and off-road
recovery. Driver-trainees must also learn
how to respond to brake failures, tire
blowouts, hydroplaning, skidding,
jackknifing, and rollovers. The
discussion must include a review of
unsafe acts and the role they play in
producing hazardous situations.
(iii) Skid control and recovery. This
unit must teach the causes of skidding
and jackknifing and techniques for
avoiding and recovering from them.
Driver-trainees must be able to maintain
directional control and bring the CMV
to a stop in the shortest possible
distance while operating over a slippery
surface.
(iv) Railroad (RR)-highway grade
crossings. Driver-trainees must learn to
recognize potential dangers and
appropriate safety procedures to utilize
at RR-highway grade crossings,
including an overview of various State
RR-highway grade crossing regulations.
Instruction must also include the
following topics: RR-highway grade
crossing environment, obstructed view,
clearance around the tracks, and
knowledge of rail signs and signals.
(v) Roadside inspection/
communication with law enforcement.
Driver-trainees must be taught the value
of effective interpersonal
communications and skills to properly
interact with law enforcement officials
during the roadside CMV inspection
process and what to expect during this
activity.

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(vi) Medical certificate/personal
health and wellness. Driver-trainees
must learn the Federal regulations in
subpart E of part 391 of this chapter on
medical certification and medical
examination procedures. Driver-trainees
must learn about driver wellness, basic
health maintenance including diet and
exercise, and the importance of avoiding
excessive use of alcohol.
(v) Whistleblower/coercion. The right
of an employee to question the safety
practices of an employer without
incurring the risk of losing a job, or
being subject to reprisals simply for
stating a safety concern must be
included in this unit. Driver-trainees
must become familiar with the
whistleblower protection regulations in
29 CFR part 1978. Driver-trainees must
learn procedures for reporting to
FMCSA incidents of coercion from
motor carriers, shippers, receivers, or
transportation intermediaries.
(vi) Driver/public safety importance.
Training must emphasize the fact that
the CMV driver is the most important
component of the motor carrier
operation and highway/public safety.
Driver-trainees must understand they
are responsible for the safety of the
operation, the load, and the equipment.
(vii) Emergency stopping, crashes,
incidents. Driver-trainees must be
instructed in carrying out the
appropriate responses when faced with
CMV emergencies. This instruction
must specifically include discussion of
evasive steering, emergency braking and
off-road recovery, as well as the proper
response to brake failures, tire blowouts,
hydroplaning, skidding, jackknifing,
and rollovers. This instruction must
include a review of unsafe acts and the
role they play in producing hazardous
situations.
(3) Range—(i) Pre-trip and post-trip
inspections. Driver-trainees must learn
the importance of vehicle inspections
and must develop the skills necessary
for conducting pre-trip, enroute, and
post-trip inspections. Driver-trainees
must demonstrate the ability to perform
a pre-trip inspection under 49 CFR
396.13 and a post-trip inspection under
§ 396.11 of this chapter. This unit must
include a review of CMV parts and
accessories including brakes and
components.
(ii) Load securement. Driver-trainees
must learn the basic theory of cargo
weight distribution, cargo securement
on the vehicle, cargo covering, and
demonstrate techniques for safe and
efficient loading, and properly securing
the cargo under 49 CFR 392.9 and
§§ 393.100 through 393.136 of this
chapter.

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(4) Public road. Driver-trainees
demonstrate the practices required for
safe operation of the CMV on a public
road. This unit must include training in
basic operation and vehicle maneuvers
under § 391.31 (Skills and Knowledge)
of this chapter. Driver-trainees must be
taught how to apply their basic
operating skills in a way that ensures
their safety and that of other road users
under various road, weather, and traffic
conditions.
■ 4. Add subpart G to read as follows:
Subpart G—Registry of Entry-Level Driver
Training Providers
Sec.
380.700 Scope.
380.703 Requirements for the training
provider registry.
380.707 Entry-level training provider.
380.709 Facilities.
380.711 Equipment.
380.713 Driver-instructor qualifications/
requirements.
380.715 Assessments.
380.717 Training certification.
380.719 Requirements for continued listing
on the training provider registry.
380.721 Removal from Training Provider
Registry: factors considered.
380.723 Removal from Training Provider
Registry: procedure.
380.725 Documentation and record
retention.

Subpart G—Registry of Entry-Level
Driver Training Providers
§ 380.700

Scope.

The rules in this subpart establish the
eligibility requirements for listing on
FMCSA’s Training Provider Registry
(TPR). Drivers seeking ELDT may use
only providers listed on the TPR to
comply with this part.
§ 380.703 Requirements for the training
provider registry.

(a) To be eligible for listing on the
TPR, an entity must:
(1) Follow a curriculum that meets the
criteria set forth in § 380.613, 380.615,
380.619, 380.621, 380.623, or 380.625,
as applicable;
(2) Utilize facilities that meet the
criteria set forth in § 380.709;
(3) Utilize vehicles that meet the
criteria set forth in § 380.711;
(4) Utilize driver training instructors
that meet the criteria set forth in
§ 380.713;
(5) Allow FMCSA or its authorized
representative to audit or investigate the
training provider’s operations to ensure
that the provider meets the criteria set
forth in this section.
(6) Submit to FMCSA an Entry-Level
Driver Training Provider Identification
Report and attest that the training
provider meets all the applicable
requirements of this section to obtain a

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unique TPR number. If a training
provider has more than one campus or
training location, the training provider
must submit an Entry-Level Driver
Training Provider Identification Report
for each campus or training location in
order to obtain a unique TPR number for
each location.
(7) Create and maintain driver-trainee
records of completion and/or
withdrawal in accordance with
§ 380.725.
(b) When a provider meets the
requirements of §§ 380.703 and 380.707,
FMCSA will issue the provider a unique
TPR number and add the provider’s
name and contact information to the
TPR Web site.
§ 380.707

Entry-level training provider.

(a) Training providers must require
that all accepted applicants for public
road training meet minimum U.S. DOT
regulations—as well as other Federal,
State, and/or local laws—related to drug
screening, controlled substances testing,
age, medical certification, licensing, and
driving record.
(b) Behind-the-wheel (BTW) driving
(range and public road), must include
the required driving maneuvers in
§ 380.613, 380.615, 380.619, 380.621, or
380.625, as applicable.
(c) Theory and range instruction must
include all elements identified in
§ 380.613, 380.615, 380.619, 380.621,
380.623, or 380.625, as applicable.
(d) Providers that train more than
three driver-trainees annually must
provide training materials to each
driver-trainee that address the
applicable curriculum identified in
§ 380.613, 380.615, 380.619, 380.621,
380.623, or 380.625. Providers that train
three or fewer driver-trainees are not
subject to this requirement.
(e) Separate training providers may
deliver the theory and BTW portions of
the training.

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§ 380.709

Facilities.

(a) The training provider’s classroom
and range facilities must comply with
all applicable Federal, State, and/or
local statutes and regulations.
(b) Training providers who teach the
range portion of the curriculum must
have an instructor present on site to
demonstrate applicable skills and
correct deficiencies of individual
students.
(c) The range must be free of
obstructions, enable the driver to
maneuver safely and free from
interference from other vehicles and
hazards, and have adequate sight lines.

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§ 380.711

Equipment.

(a) All vehicles used in the behindthe-wheel (BTW) range training must be
in safe mechanical condition.
(b) Vehicles used for BTW road
training must comply with applicable
Federal and State safety requirements.
(c) Training vehicles must be in the
same class (A or B) and type (bus or
truck) that driver-trainees intend to
operate for their CDL skills test.
§ 380.713 Driver-instructor qualifications/
requirements.

(a) Theory training providers must
utilize instructors who are either an
experienced driver or a theory instructor
as defined in § 380.605.
(b) BTW training providers must
utilize experienced drivers as defined in
§ 380.605. BTW training instructors,
during the two years prior to engaging
in BTW instruction, must not have had
any CMV-related convictions for the
offenses identified in § 383.51(b)
through (e). Training providers must
utilize only public road BTW instructors
whose driving record meets applicable
Federal and State requirements.
§ 380.715

Assessments.

Driver-trainees must successfully
complete a course of instruction that
meets the applicable entry-level driver
training curriculum requirements.
(a) Training providers must use
assessments (in written or electronic
format) to demonstrate driver-trainees’
proficiency in the knowledge objectives
in the theory portion of each unit of
instruction in § 380.613, 380.615,
380.619, 380.621, 380.623, or 380.625.
The driver-trainee must receive an
overall score of 80% or above on the
assessment.
(b) Training instructors must assess
driver-trainee proficiency on the range
in pre-trip inspections, fundamental
vehicle control skills, and routine
driving procedures for the appropriate
vehicle in accordance with the curricula
in § 380.613, 380.615, 380.619, 380.621,
or 380.625.
(c) Training instructors must evaluate
a driver-trainee’s proficiency in BTW
driving skills on a public road. The
instructor must observe specified
driving maneuvers required in
§ 380.613, 380.615, 380.619, 380.621, or
380.625, as applicable. BTW public road
assessments must be administered in a
vehicle of the class (A or B) and type
(bus or truck) that the driver-trainees
will operate for the CDL skills test.
§ 380.717

Training certification.

After an individual successfully
completes training administered by a
provider on the TPR, that provider

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must, by close of the next business day
after the driver-trainee completes the
training, upload the training
certification including the following:
(a) Driver-trainee name, CDL/CLP
number, and State of licensure;
(b) Vehicle class and/or endorsement
training the driver-trainee received;
(c) Name of the training provider and
its unique TPR identification number;
and
(d) Date of successful training
completion.
§ 380.719 Requirements for continued
listing on the training provider registry.

(a) To be eligible for continued listing
on the TPR, a provider must:
(1) Meet the requirements of this
subpart and the applicable requirements
of elements of § 380.703 of this chapter.
(2) Biennially provide an updated
Entry-Level Driver Training Provider
Identification Report to FMCSA.
(3) Report to FMCSA changes to key
information, as identified in paragraph
(a)(3)(i) of this section, submitted under
§ 380.703 within 30 days of the change.
(i) Key information is defined as
training provider name, address, phone
number, type of training offered,
training provider status, and any change
in State licensure, certification, or
accreditation status.
(ii) Changes must be reported by
submitting an updated Entry-Level
Driver Training Provider Identification
Report to FMCSA.
(4) Be licensed, certified, registered,
or authorized to provide training in
accordance with the applicable laws
and regulations of each State where
training is provided.
(5) Maintain documentation of State
licensure, registration, or certification
verifying that the provider is authorized
to provide training in that State, if
applicable.
(6) Allow an audit or investigation of
the training provider to be completed by
FMCSA or its authorized representative,
if requested.
(7) Ensure that all required
documentation is available upon request
to FMCSA or its authorized
representative. The provider must
submit this documentation within 48
hours of the request.
§ 380.721 Removal from Training Provider
Registry: factors considered.

FMCSA may remove a provider from
the TPR when a provider fails to meet
or maintain the qualifications
established by this subpart or the
requirements of other State and Federal
regulations applicable to the provider. If
FMCSA removes a provider from the
TPR, all training certificates issued after

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the removal date will be considered
invalid.
(a) The factors FMCSA may consider
for removing a provider from the TPR
include, but are not limited to, the
following:
(1) The provider fails to comply with
the requirements for continued listing
on the TPR, as described in § 380.719.
(2) The provider denies FMCSA or its
authorized representatives the
opportunity to conduct an audit or
investigation of its training operations.
(3) The audit or investigation
conducted by FMCSA or its authorized
representatives identifies material
deficiencies, pertaining to the training
provider’s program, operations, or
eligibility.
(4) The provider falsely claims to be
licensed, certified, registered, or
authorized to provide training in
accordance with the applicable laws
and regulations in each State where
training is provided.
(5) The SDLA CDL exam passage rate
of those individuals who complete the
provider’s training is abnormally low.
FMCSA is not establishing a minimum
required passage rate, but will use this
information in the context of State
norms.
(b) In instances of fraud or other
criminal behavior by a training provider
in which driver-trainees have
knowingly participated, FMCSA
reserves the right, on a case-by-case
basis, to retroactively deem invalid
training certificates that were issued by
training providers removed from the
TPR.

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§ 380.723 Removal from Training Provider
Registry: procedure.

(a) Voluntary removal. To be
voluntarily removed from the Training
Provider Registry (TPR), a provider must
submit written notice to FMCSA’s
Director, Office of Carrier, Driver, and
Vehicle Safety Standards (Director).
Upon receiving the written notice,
FMCSA will remove the training
provider from the TPR. On and after the
date of issuance of a notice of proposed
removal from the TPR issued in
accordance with paragraph (b) of this
section, such voluntary removal notice
will not be effective.
(b) Notice of proposed removal.
Except as provided by paragraphs (a)
and (e) of this section, FMCSA initiates
the process for removal of a provider
from the TPR by issuing a written notice
to the provider, stating the reasons for
the proposed removal and setting forth
any corrective actions necessary for the
provider to remain listed on the TPR. If
a notice of proposed removal is issued,
the provider must notify current driver-

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trainees and driver-trainees scheduled
for future training of the proposed
removal. In addition, no training
conducted after issuance of the notice of
proposed removal will be considered to
comply with this subpart until FMCSA
withdraws the notice.
(c) Response to notice of proposed
removal and corrective action. A
training provider that has received a
notice of proposed removal and wishes
to remain on the TPR must submit a
written response to the Director no later
than 30 days after the date of issuance
of the notice explaining why it believes
that decision is not proper, as described
in paragraph (c)(1) of this section.
Alternatively, the provider will set forth
corrective actions taken in response to
FMCSA’s notice of proposed removal, as
described in paragraph (c)(2) of this
section.
(1) Opposing a notice of proposed
removal. If the provider believes
FMCSA has relied on erroneous
information in proposing removal from
the TPR, the provider must explain the
basis for that belief and provide
supporting documentation. The Director
will review the explanation.
(i) If the Director finds that FMCSA
has relied on erroneous information to
propose removal of a training provider
from the TPR, the Director will
withdraw the notice of proposed
removal and notify the provider of the
withdrawal in writing.
(ii) If the Director finds FMCSA has
not relied on erroneous information in
proposing removal, the Director will
affirm the notice of proposed removal
and notify the provider in writing of the
determination. No later than 60 days
after the date the Director affirms the
notice of proposed removal, the
provider must comply with this subpart
and correct the deficiencies identified in
the notice of proposed removal as
described in paragraph (c)(2) of this
section.
(iii) If the provider does not respond
in writing within 30 days of the date of
issuance of a notice of proposed
removal, the removal becomes effective
immediately and the provider will be
removed from the TPR.
(2) Compliance and corrective action.
(i) The provider must comply with this
subpart and complete the corrective
actions specified in the notice of
proposed removal no later than 60 days
after either the date of issuance of the
notice of proposed removal or the date
the Director affirms or modifies the
notice of proposed removal, whichever
is later. The provider must provide
documentation of compliance and
completion of the corrective action(s) to
the Director. The Director may conduct

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an investigation and request any
documentation necessary to verify that
the provider has complied with this
subpart and completed the required
corrective action(s). The Director will
notify the provider in writing whether it
has met the requirements for continued
listing on the TPR.
(ii) If the provider fails to complete
the proposed corrective action(s) within
the 60-day period, the provider will be
removed from the TPR. The Director
will notify the provider in writing of the
removal.
(3) At any time before a notice of
proposed removal from the TPR
becomes final, the recipient of the
notice of proposed removal and the
Director may resolve the matter by
mutual agreement.
(d) Request for administrative review.
If a provider has been removed from the
TPR under paragraph (c)(1)(iii),
(c)(2)(ii), or (e) of this section, the
provider may request an administrative
review no later than 30 days after the
effective date of the removal. The
request must be submitted in writing to
the FMCSA Associate Administrator for
Policy (Associate Administrator). The
request must explain the alleged error(s)
committed in removing the provider
from the TPR, and include all factual,
legal, and procedural issues in dispute,
as well as any supporting
documentation.
(1) Additional procedures for
administrative review. The Associate
Administrator may ask the provider to
submit additional information or attend
a conference to discuss the removal. If
the provider does not provide the
information requested, or does not
attend the scheduled conference, the
Associate Administrator may dismiss
the request for administrative review.
(2) Decision on administrative review.
The Associate Administrator will
complete the administrative review and
notify the provider in writing of the
decision. The decision constitutes final
Agency action. If the Associate
Administrator deems the removal to be
invalid, FMCSA will reinstate the
provider’s listing on the TPR.
(e) Emergency removal. In cases of
fraud, criminal behavior, or willful
disregard of the regulations in this
subpart or in which public health,
interest, or safety requires, the
provisions of paragraph (b) of this
section are not applicable. In these
cases, the Director may immediately
remove a provider from the TPR. In
instances of fraud or other criminal
behavior by a training provider in which
driver-trainees have knowingly
participated, FMCSA reserves the right
to retroactively deem invalid training

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certificates issued under § 380.717. A
provider who has been removed under
the provisions of this paragraph may
request an administrative review of that
decision as described under paragraph
(d) of this section.
(f) Reinstatement to the Training
Provider Registry. (i) Any time after a
training provider’s voluntary removal
from the TPR, the provider may apply
to the Director to be reinstated.
(ii) No sooner than 30 days after the
date of a provider’s involuntary removal
from the TPR, the provider may apply
to the Director to be reinstated. In the
case of an involuntarily removal, the
provider must submit documentation
showing completion of any corrective
action(s) identified in the notice of
proposed removal or final notice of
removal, as applicable.

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§ 380.725 Documentation and record
retention.

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PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
5. The authority citation for part 383
is revised to read as follows:

■

Authority: 49 U.S.C. 521, 31136, 31301 et
seq., and 31502; secs. 214 and 215 of Pub. L.
106–159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107–56, 115 Stat. 272, 297,
sec. 4140 of Pub. L. 109–59, 119 Stat. 1144,
1746; sec. 32934 of Pub. L. 112–141, 126 stat.
405, 830; and 49 CFR 1.87.

6. Amend § 383.51 by adding
paragraph (a)(8) to read as follows:

■

§ 383.51

(a) Applicability. The documentation
and retention of records required by this
subpart apply to entities that meet the
requirements of subpart F of this part
and are eligible for listing on the
Training Provider Registry (TPR).
(b) All training providers on the TPR
must retain the following:
(1) The training provider’s policy
setting forth eligibility requirements for
driver-trainee applicants related to
controlled substances testing, medical
certification, licensing, and driving
records.
(2) Instructor qualification
documentation indicating driving and/
or training experience, as applicable, for
each instructor and copies of
commercial driver’s licenses and
applicable endorsements held by
behind-the-wheel (BTW) instructors.
(3) The amount of time generally
allocated to theory and BTW (range and
public road) training, as applicable.
(4) The instructor-driver-trainee ratio
during each portion of the curriculum;
the number of vehicles, and a
description of range and lesson plans for
theory and BTW (range and public road)
training, as applicable.
(5) Names of all driver-trainees who
completed or withdrew from instruction
in the required curriculum and who
passed or failed the training provider’s
assessment of theory and, if applicable,
BTW (range and public road) training.
(c) Retention of records. Training
providers listed on the TPR must retain
the records identified in paragraph (b) of
this section for a minimum of three
years from the date each required record
is generated or received, unless a record,
such as a CDL, has expired or been
canceled, in which case the most recent,
valid CDL should be retained. The

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provisions of this part do not affect a
training provider’s obligation to comply
with any other local, State, or Federal
requirements prescribing longer
retention periods for any category of
records described herein.

Disqualification of drivers.

(a) * * *
(8) A holder of a CDL who is
disqualified as a result of a conviction
of offenses under § 383.51(b), (c), (d), or
(e) must not be fully reinstated to drive
a CMV until he or she has successfully
completed the refresher training
curriculum in § 380.625 of this chapter.
Limited privileges to drive a CMV are to
be reinstated solely in order to allow the
driver to complete the refresher training
curriculum.
*
*
*
*
*
■ 7. Amend § 383.71 by adding
paragraphs (a)(3) and (4) and (b)(11);
revising paragraphs (e)(3) and (4); and
adding paragraph (e)(5) to read as
follows:
§ 383.71

Driver application procedures

(a) * * *
(3) Beginning on [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE
FINAL RULE], a person must
successfully complete the training
prescribed in subpart F of part 380 of
this chapter before taking the skills test
for a Class A or B CDL or a passenger
or school bus endorsement or the
knowledge test for a hazardous
materials endorsement. The training
must be administered by a provider
listed on the Training Provider Registry.
(4) Except for driver trainees seeking
the H endorsement, driver-trainees who
have successfully completed the theory
portion of the training must complete
the skills portion within 360 days.
(b) * * *
(11) Beginning on [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE
FINAL RULE], a person must
successfully complete the training
prescribed in subpart F of part 380 of
this chapter before taking the skills test
for an initial Class A or B CDL, a CDL

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11985

with a passenger or school bus
endorsement, or knowledge test for a
hazardous materials endorsement. The
training must be administered by a
provider listed on the Training Provider
Registry.
*
*
*
*
*
(e) * * *
(3) Comply with the requirements
specified in paragraph (b)(8) of this
section to obtain a hazardous materials
endorsement;
(4) Surrender the previous CDL; and
(5) Beginning on [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE
FINAL RULE], a person must
successfully complete the training
prescribed in subpart F of part 380 of
this chapter before taking the skills test
for upgrading a CDL from one class to
another; or upgrading a CDL with a
passenger or school bus endorsement; or
knowledge test for hazardous materials
endorsement issued on a CDL. The
training must be administered by a
provider on the Training Provider
Registry.
*
*
*
*
*
■ 8. Amend § 383.73 by revising
paragraph (b)(3) introductory text and
paragraph (b)(3)(ii), and by adding
paragraphs (b)(10) and (e)(8) to read as
follows:
§ 383.73

State procedures.

*
*
*
*
(b) * * *
(3) Initiate and complete a check of
the applicant’s driving record to ensure
that the person is not subject to any
disqualification under § 383.51, or any
license disqualification under State law,
does not have a driver’s license from
more than one State or jurisdiction, and
has completed the required training
prescribed in subpart F of part 380 of
this subchapter. The record check must
include, but is not limited to, the
following:
*
*
*
*
*
(ii) A check with CDLIS to determine
whether the driver applicant has already
been issued a CDL, whether the
applicant’s license has been revoked or
canceled, whether the applicant has
been disqualified from operating a CMV,
and, if the CDL was issued on or after
[DATE 3 YEARS AFTER EFFECTIVE
DATE OF THE FINAL RULE], whether
an applicant for a Class A and B CDL
or a CDL with a hazardous materials,
passenger, or school bus endorsement
has completed the training required by
subpart F of part 380 of this subchapter
from a provider listed on the Training
Provider Registry;
*
*
*
*
*

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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Proposed Rules

(10) Beginning on [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE
FINAL RULE], the State must not
conduct a skills test of an applicant for
a Class A or B CDL, or a passenger or
school bus endorsement until the State
verifies that the applicant successfully
completed the training prescribed in
subpart F of part 380 of this subchapter
from a training provider listed on the
Training Provider Registry.
*
*
*
*
*
(e) * * *
(8) Beginning on [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE
FINAL RULE], require a person with a
CDL upgrading from one class of CDL to
another or upgrading a CDL with a
hazardous materials, passenger, or
school bus endorsement to successfully
complete the training required in
subpart F of part 380 of this subchapter
from a provider listed on the Training
Provider Registry.
*
*
*
*
*
■ 9. Amend § 383.95 by adding
paragraph (h) to read as follows:
§ 383.95

Restrictions.

*
*
*
*
(h) Refresher training. If a CDL holder
has been disqualified from operating a
CMV under § 383.51(b) through (e), the
State would reinstate the CDL solely for
the limited purpose of completing the
refresher training curriculum in
§ 380.625 of this chapter. The State may
not restore full CMV driving privileges
until the State receives notification that
the driver successfully completed the
refresher training curriculum.
■ 10. Amend § 383.153 by revising
paragraph (a)(10) to read as follows:

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§ 383.153 Information on the CLP and CDL
documents and applications.

(a) * * *
(10) The restriction(s) placed on the
driver from operating certain equipment
or vehicles, if any, indicated as follows:
(i) L for No Air brake equipped CMV;
(ii) Z for No Full air brake equipped
CMV;
(iii) E for No Manual transmission
equipped CMV;
(iv) O for No Tractor-trailer CMV;
(v) M for No Class A passenger
vehicle;
(vi) N for No Class A and B passenger
vehicle;
(vii) K for Intrastate only;
(viii) V for Medical variance;
(ix) R for Refresher training only; and
(x) At the discretion of the State,
additional codes for additional
restrictions, as long as each such
restriction code is fully explained on the
front or back of the CDL document.
*
*
*
*
*
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM
11. The authority citation for part 384
is revised to read as follows:

■

Authority: 49 U.S.C. 31136, 31301, et seq.,
and 31502; secs. 103 and 215 of Pub. L. 106–
59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112–141, 126 stat. 405, 830 and 49 CFR
1.87.
■

12. Add § 384.230 to read as follows:

§ 384.230

Entry-level driver certification.

(a) Beginning on [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE
FINAL RULE] a State must follow the
procedures prescribed in § 383.73 of this
subchapter for verifying that a person

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received training from a provider listed
on the Training Provider Registry before
issuing an initial Class A or B CDL; a
CDL with a hazardous materials,
passenger, or school bus endorsement;
upgrade a CDL from one class to
another; or upgrade a CDL with a
hazardous materials, passenger, or
school bus endorsement.
(b)(1) A State may issue a CDL to
individuals who obtain an initial CLP
before [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL
RULE] who have not complied with
subpart F of part 380 of this subchapter
so long as they obtain a CDL within 360
days after obtaining an initial CLP.
(2) A State may not issue a CDL to
individuals who obtain a CLP on or after
[DATE 3 YEARS AFTER EFFECTIVE
DATE OF THE FINAL RULE] unless
they comply with subpart F of part 380
of this subchapter.
■ 13. Add § 384.301(j) to read as
follows:
§ 384.301 Substantial compliance—
general requirements.

*
*
*
*
(j) A State must come into substantial
compliance with the requirements of
subpart B of this part and part 383 of
this chapter in effect as of [EFFECTIVE
DATE OF THE FINAL RULE], but not
later than [DATE 3 YEARS AFTER
EFFECTIVE DATE OF THE FINAL
RULE].
Issued under the authority of delegation in
49 CFR 1.87.
Dated: February 19, 2016.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2016–03869 Filed 3–4–16; 8:45 am]
BILLING CODE 4910–EX–P

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07MRP2

File Type	application/pdf
File Title	Attachment G (ELDT NPRM).pdf
Author	robert.armstrong
File Modified	2020-03-15
File Created	2019-05-23