Florida denied flexibility on CDL skills testing

FMCSA rejects petition to loosen rules on how 3-part test is administered

WASHINGTON — Federal regulators are not convinced that the potential for lost wages for prospective truck drivers outweighs the safety benefits of current rules on how states must administer CDL skills tests.

In a notice scheduled to be published in the Federal Register on Thursday, the Federal Motor Carrier Safety Administration denied a petition by Florida Department of Highway Safety and Motor Vehicles asking that the state be exempted from a federal regulation requiring that the three-part CDL skills test be completed by test-takers in the following order: pre-trip inspection, basic vehicle control skills and on-road skills.

Under the regulation, if an applicant fails one part of the test, he or she may not start the next part but instead must return on a different day to take all three parts. Florida wanted applicants to be allowed to continue with subsequent segments of the skills test if they fail the pre-trip inspection or the basic vehicle control skills segments and return at a later date to retest only the failed segments.

In supporting Florida’s petition, the Commercial Vehicle Training Association (CVTA), which represents truck driver training schools, said added delays caused by having to reschedule and retake tests has put truck driver jobs on hold, which translates into millions of dollars in lost wages and less income tax revenue for state coffers.

The National Tank Truck Carriers, which represents cargo-tank haulers, sided with CVTA. “Given the well documented commercial driver shortage, it is imperative that we reduce barriers to individuals attaining the proper credentials for operating commercial vehicles,” the group stated in support of an exemption.

FMCSA acknowledged those assertions but also highlighted a statement submitted by commenter Tim Kordula, who in opposing Florida’s petition said allowing an applicant who fails the pre-trip inspection to immediately continue the test “is not only unsafe but irresponsible.”

In denying Florida’s petition, FMCSA Acting Deputy Administrator Sue Lawless said conducting the elements of the skills test in the required order “is the best practice for the safety of the CDL applicant, the examiner, and any motorists who must share the public roadway with the CDL applicant during the on-road portion of the CDL skills test.”

She also pointed out that current regulations do provide some flexibility: Leeway is given in some cases that allows applicants to not have to retake portions of the test that they have passed previously.

“Moreover,” Lawless stated, “with the implementation of the Federal Entry-Level Driver Training requirements, the agency believes [state driver’s license agencies] should see a reduction in the percentage of applicants who fail portions of the CDL skills test.”

Click for more FreightWaves articles by John Gallagher.

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John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.