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FR Doc 04-6794
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[Federal Register: March 30, 2004 (Volume 69, Number 61)]
[Rules and Regulations]
[Page 16722-16738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr04-21]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 380 and 391
[Docket FMCSA-97-2176]
RIN 2126-AA08
Minimum Training Requirements for Longer Combination Vehicle
(LCV) Operators and LCV Driver-Instructor Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
establishes standards for minimum training requirements for the
operators of longer combination vehicles (LCVs) and requirements for
the instructors who train these operators. This action is in response
to section 4007 of the Intermodal Surface Transportation Efficiency Act
of 1991, which directed that training for the operators of LCVs include
certification of an operator's proficiency by an instructor who has met
the requirements established by the Secretary of Transportation
(Secretary). The purpose of this final rule is to enhance the safety of
commercial motor vehicle (CMV) operations on our Nation's highways.
EFFECTIVE DATE: June 1, 2004.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Office of Safety
Programs, (202) 366-9579, Federal Motor Carrier Safety Administration,
U.S. Department of Transportation, 400 Seventh Street, SW., Washington,
DC 20590. Office hours are from 8:30 a.m. to 5 p.m., EST, Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: Sec. 4007(b) of the Motor Carrier Act of
1991 [Title IV of the Intermodal Surface Transportation Efficiency Act
of 1991 (ISTEA), Public Law 102-240, 105 Stat. 1914, 2152; 49 U.S.C.
31307] directs the U.S. Department of Transportation (DOT) to establish
Federal minimum training requirements for drivers of LCVs. The ISTEA
also requires that the certification of these drivers' proficiency be
accomplished by instructors who meet certain Federal minimum
requirements to ensure an acceptable degree of quality control and
uniformity. Sec. 4007(f) of the ISTEA defines an LCV as ``any
combination of a truck tractor and 2 or more trailers or semi-
trailers'' that has a gross vehicle weight (GVW) greater than 80,000
pounds (36,288 kilograms) and is operated on the Interstate Highway
System. This final rule implements the requirements of Sec. 4007.
Background
In the early 1980s, the Federal Highway Administration (FHWA)
determined that a need existed for technical guidance in the area of
truck driver training. FHWA is the predecessor agency to FMCSA within
DOT. Research at that time had shown that many driver-training schools
offered little or no structured curricula or uniform training programs
for any type of CMV.
To help correct this problem, FHWA developed the Model Curriculum
for Training Tractor-Trailer Drivers, issued in 1985 (GPO Stock No.
050-001-00293-1). The Model Curriculum, as it is known in the industry,
incorporated the agency's ``Proposed Minimum Standards for Training
Tractor Trailer Drivers'' (1984). The Model Curriculum is a broad set
of recommendations that incorporates standardized minimum core
curriculum guidelines and training materials, as well as guidelines
pertaining to vehicles, facilities, instructor hiring practices,
graduation requirements, and student placement. Curriculum content
includes the following areas: basic operation, safe operating
practices, advanced operating practices, vehicle maintenance, and
nonvehicle activities.
The Professional Truck Driver Institute (PTDI) was created in 1986
by the motor carrier industry to certify training programs offered by
truck driver training schools. Originally named the Professional Truck
Driver Institute of America, the group changed its name in November
1998 to reflect the addition of Canada to the organization. PTDI
derived its certification criteria from the Model Curriculum, and, in
mid-1988, began certifying truck-driver training programs across the
country. As of February 2003, approximately 64 schools in 27 States and
Canada have received the PTDI certification. Although many schools have
a number of truck driving courses, most have only one course that is
certified by PTDI.
The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (49 U.S.C.
31301 et seq.), although not directly targeted at driver training, was
intended to improve highway safety. Its goal was to ensure that drivers
of large trucks and buses possess the knowledge and skills necessary to
operate these vehicles safely on public highways. The CMVSA established
the commercial driver's license (CDL) program and directed the agency
to establish minimum Federal standards that States must meet when
licensing CMV drivers. The CMVSA applies to virtually anyone who
operates a commercial motor vehicle in interstate or intrastate
commerce, including employees of Federal, State, and local governments.
As defined by the implementing regulation, a CMV is a motor vehicle or
combination of motor vehicles used in commerce to transport passengers
or property if the vehicle meets one or more of the following criteria:
(a) Has a gross combination weight rating (GCWR) of 11,794 or more
kilograms (26,001 or more pounds) inclusive of a towed unit with a
gross vehicle weight rating (GVWR) of more than 4,536 kilograms (10,000
pounds).
(b) Has a GVWR of 11,794 or more kilograms (26,001 or more pounds).
[[Page 16723]]
(c) Is designed to transport 16 or more passengers, including the
driver.
(d) Is of any size and used in the transportation of hazardous
materials as defined in this section [49 CFR 383.5].
In accordance with the CMVSA, all drivers of commercial motor
vehicles must possess a valid CDL in order to be properly qualified to
operate the vehicle(s) they drive. In addition to passing the CDL
knowledge and skills tests required for the basic vehicle group, all
persons who operate or expect to operate any of the following vehicles,
which have special handling characteristics, must obtain endorsements
under 49 CFR 383.93(b):
(a) Double/triple trailers;
(b) Passenger vehicles;
(c) Tank vehicles;
(d) Vehicles required to be placarded for hazardous materials.
For all endorsements, the driver is required to pass a knowledge
test that gauges the person's familiarity with the special handling
characteristics of the specific vehicle type. To obtain a passenger
endorsement, the driver also must pass a skills test.
The CDL standards do not require the comprehensive driver training
proposed in the Model Curriculum, since the CDL is a licensing standard
as opposed to a training standard. Accordingly, there are no
prerequisite Federal or State training requirements to obtain a CDL.
In 1990, the National Transportation Safety Board (NTSB)
recommended to FHWA (Safety Recommendation H-90-3) that drivers of
specialized vehicles, including multiple-trailer vehicles, receive
training in the special handling characteristics and other variables
that influence the controllability and maneuverability of these
vehicles. On September 12, 1990, NTSB voided this Safety Recommendation
as ``Closed--Reconsidered.'' NTSB determined that the knowledge and
skills necessary for the operation of multiple-trailer combination
vehicles are covered in the CDL requirements under 49 CFR subpart C as
well as in the ``the model driver manual and the model knowledge and
skills tests,'' and that the trucking industry provided adequate
training in these requirements.
In February 1991, FHWA awarded a contract to PTDI to develop
voluntary criteria for training drivers in the safe operation of twin
8.534-meter (28-foot) trailer combination vehicles. The resulting
``Twin Trailer Driver Curriculum'' outlines how drivers should be
trained in the safe operation of these vehicles. Subject matter experts
from motor carrier fleets, industry associations, training
institutions, and governmental organizations assisted in developing the
curriculum, which consists of 115 clock hours of direct driver
participation including a minimum of 56 hours of behind-the-wheel
training. The ``Twin Trailer Driver Curriculum'' is available for
review in the public docket for this rulemaking.
The agency awarded two additional contracts to the PTDI to develop
curriculum outlines addressing triple-trailer combination vehicles and
Rocky Mountain/Turnpike Double combination vehicles. Ultimately, the
curriculum outlines for twin trailers, Rocky Mountain/Turnpike Doubles,
and triple-trailer combinations were merged into a single document,
entitled ``Multiple Trailer Combination Vehicle (MTCV) Driver Training
Guide: Suggested Units of Instruction and Curriculum Outline.'' The
PTDI was selected to develop a composite modular training curriculum
outline embracing both the LCV driver and the LCV instructor.
Upon completion of the curricula, the agency coordinated with the
U.S. Department of Education to ensure that the proposed training
requirements were in concert with its accreditation requirements.
Representatives from both agencies agreed that the proposed training
requirements would be eligible for accreditation by any group meeting
the criteria and procedures described in the publication Nationally
Recognized Accrediting Agencies and Associations, Criteria and
Procedures for Listing by the U.S. Secretary of Education and Current
List. This document is available for review in the public docket for
this rulemaking.
During this period, two additional FHWA initiatives--a series of
highway-safety focus groups in December 1994, and FHWA's first National
Truck and Bus Safety Summit, held in March 1995--contributed to an
enhanced understanding of driver training. Although neither project
specifically focused on driver training methods or minimum training
standards, they nevertheless provided perspective on the importance of
driver training and the need for minimum training requirements. The
``Focus Group Report'' on the 1994 initiative and the ``1995 Truck and
Bus Safety Summit, Report of Proceedings'' are available for review in
the rulemaking docket.
On January 15, 1993, FHWA's Office of Motor Carriers published an
advance notice of proposed rulemaking (ANPRM) in the Federal Register
(58 FR 4638) seeking comments and responses to 13 specific questions.
The agency received 24 comments, which were summarized in the notice of
proposed rulemaking (NPRM) discussed below.
Summary of the NPRM
The agency used the results of the projects mentioned above, the
research conducted over the past several years, and the comments to the
1993 ANPRM to develop the proposals in the NPRM, published in the
Federal Register on August 12, 2003 (68 FR 47890).
The NPRM proposed standards for minimum training requirements for
the operators of LCVs and requirements for the instructors who train
these operators. It also outlined procedures for determining compliance
with the proposed rule by operators, instructors, training
institutions, and employers.
As agency research and crash data have not indicated that multiple-
trailer combination vehicle operations pose a significant safety
problem, FMCSA proposed to limit the training requirement to operators
of LCVs, as defined in Sec. 4007(f) of the ISTEA, rather than extend it
to multiple-trailer combinations weighing less than 80,000 pounds.
As for the training, the NPRM proposed general requirements
pertaining to an LCV driver-training test--consisting of both a
knowledge and skills assessment--for all students wishing to obtain an
LCV Driver-Training Certificate. FMCSA believes that specialized
vehicle combinations require somewhat different training requirements
because of differing operating characteristics. Therefore, we proposed
two separate training courses for LCV drivers: LCV Doubles and LCV
Triples. Although the proposed minimum curricula would be identical,
the training entity would tailor each course to the unique operational
and handling characteristics of the specific LCV category. Specialized
commodity training could be addressed as necessary by training
institutions or carriers.
The NPRM also established guidelines as to which drivers must
comply with the proposed rule. The individual seeking LCV training
would have to possess a valid CDL with a double/triple trailer
endorsement, have only one driver's license, have a good driving
record, and provide evidence of experience operating the category of
combination vehicle designated as a prerequisite for the desired LCV
training. Evidence of driving experience would consist of a statement
from one or more employers indicating the type and amount of driving
experience while employed by that motor carrier.
In addition, FMCSA believes that for many current LCV drivers, the
combination of a good driving record
[[Page 16724]]
and experience with an LCV double or triple indicates that the
individual has the minimum knowledge and driving skills to operate such
a vehicle. Accordingly, we proposed to allow certain drivers to
substitute a good driving record and experience for the completion of
the LCV driver-training requirements. The driver would have to provide
the employing motor carrier with evidence that he or she had operated
LCVs safely during the 2-year period prior to application. FMCSA
believes that grandfathering such drivers will not diminish public
safety or the overall safe operation of CMVs.
Regarding the training program, each instructor employed by a
training institution offering LCV training would be required to meet
all State requirements for a vocational education instructor. FMCSA
believes that, initially, persons currently conducting double/triple
trailer combination vehicle training would become qualified LCV
instructors under the proposed grandfather requirements. Subsequently,
when the need for new instructors arises, those qualified
(grandfathered) LCV instructors would train new instructors, who would
then be qualified to train drivers.
While the States assume varying degrees of control over education,
institutions of postsecondary education are permitted to operate with
considerable autonomy. As a consequence, educational institutions can
vary widely in the quality and adequacy of their programs. To ensure a
basic level of quality and adequacy, the U.S. Department of Education
has established accreditation requirements. FMCSA therefore proposed
that any entity--whether for-profit or not-for-profit, private or
public--that meets these accreditation requirements would be allowed to
offer the training.
As for employer responsibilities, the proposed rule expressly
prohibits a motor carrier from employing an individual to operate an
LCV unless he or she has first met the requirements under the proposal.
FMCSA or Motor Carrier Safety Assistance Program (MCSAP) State
enforcement officials would verify compliance with the LCV driver
training and driver-instructor requirements at the carrier's place of
business during the compliance review, rather than at the roadside. For
this reason, carriers would be required to maintain proof of
qualification of LCV drivers and LCV driver-instructors in the
qualification files for these individuals. This enforcement approach
emphasizes that the motor carrier and driver each have a responsibility
for the LCV training requirement. The driver would have to obtain the
necessary LCV training, and the carrier would be required to prohibit a
driver from operating an LCV without that training. Although
enforcement officials would not be burdened with trying to determine at
roadside whether a CMV driver is subject to the LCV training
requirement, they could still check the CDL to determine whether the
driver has the required doubles/triples endorsement.
Based on some of the public comments received in response to the
NPRM, the agency made certain changes to the proposal as reflected in
today's final rule. These are included in the discussion of comments
below.
Discussion of Comments to the NPRM
FMCSA received nine comments on the NPRM. Five comments were from
associations, two from individuals, one from a public interest group,
and one from a motor carrier.
General Support
Several commenters praise FMSCA for taking this action. For
example, the United Parcel Service (UPS) ``commends the FMCSA for their
efforts to promote commercial vehicle safety, particularly driver
training standards.'' Advocates for Highway and Auto Safety (AHAS)
supports the main framework of the proposed training regimen. The Motor
Freight Carriers Association (MFCA) also commends FMCSA for closely
following the training guidelines used by unionized less-than-truckload
motor carriers.
General Opposition
Several commenters criticized this action. The American Trucking
Associations (ATA) argues that the proposed mandatory training for LCV
drivers is unlikely to result in safer LCV operations. ATA suggests
that, rather than the proposed regulations, the agency adopt ``a set of
performance-based rules for training LCV drivers and driver-instructors
that could result in enhanced public safety and will not impact the
flow of freight on the nation's highways.'' Nonetheless, ATA provides
recommendations to enhance the proposal. The chairman of the Montana
Logging Association's Professional Log Haulers Committee opposes the
new training rules for operators of LCVs, citing four points of
contention: first, training would be a burden to rural log haulers;
second, the proposed rule would compound the driver shortage; third,
this highly specialized form of truck transportation needs particular
skills; and fourth, a trainee already goes through an extensive
orientation with a trainer until both are satisfied about the new
driver's skills. An individual commenter also expressed criticism of
the proposed rule, explaining that insurance entities will make sure
that motor carriers comply with industry standards.
Finally, the Commercial Vehicle Safety Alliance (CVSA) commented:
[CVSA is] concerned that the limited resources of both States
and the FMCSA may be expended unnecessarily if this proposed
rulemaking becomes regulation. Currently LCV operations have a crash
rate lower than other commercial motor vehicle types and, at a time
when State agencies are struggling financially, [CVSA does] not
support an effort to expend substantive resources in an area that
already operates in an overall safe manner.
FMCSA Response: Under section 4007(b) of the ISTEA, Congress
expressly mandated the development of minimum training standards for
operators of LCVs and requirements for those who instruct these
drivers. Many of those who responded to the proposal, including
dissenters, made useful recommendations for enhancing the proposal.
FMCSA particularly appreciates information about how the industry
currently trains LCV drivers and what entities offer this training. The
agency has considered all comments and revised the final rule to
reflect several recommended improvements.
One way in which the Montana Logging Association might meet the
challenges of complying with this rule, as outlined in its comments, is
for the association to provide the LCV driver-training program to the
drivers of its member carriers.
Exclusion of Non-LCVs From Training Requirement
AHAS discusses at some length a series of studies and reports
dealing with the relative safety of LCV operations. It quotes the
Transportation Research Board's Special Report 211 (1986), which found
that ``[t]wins [i.e., Western Doubles, usually a tractor pulling two
28-foot trailers] probably have slightly more crash involvements per
mile traveled than tractor-semi-trailers operated under identical
conditions at highway speeds.'' AHAS believes this information and
related data compel FMCSA to subject drivers of Western Doubles
weighing less than 80,000 pounds to the training requirements of this
rule. AHAS argues that FMCSA ``has no adequate foundation in the
administrative record of this rulemaking'' for excluding Western
Doubles ``and, therefore, continued reliance upon the arguments
advanced in the notice * * * would
[[Page 16725]]
constitute arbitrary and capricious agency action.''
FMCSA Response: Sec. 4007(b) of ISTEA requires training for drivers
of LCVs, which subsection (f) defines as ``any combination of a truck
tractor and 2 or more trailers or semi-trailers which operate on the
National System of Interstate and Defense Highways with a gross vehicle
weight [GVW] greater than 80,000 pounds.'' This rule does not address
drivers of Western Doubles, which normally operate at or below 80,000
pounds GVW, because Sec. 4007(b) is not applicable to them by its
terms.
Definitions
Training institution
Two commenters questioned the definitions used in the proposed
rule.
UPS and ATA remark that the definition of training institution is
unclear. Section 380.105 would define a training institution as any
technical or vocational school accredited by an accrediting institution
recognized by the U.S. Department of Education. Sections 380.301(b) and
380.303(a) would require an LCV driver-instructor to ``meet all State
requirements for a vocational instructor, if employed by a training
institution.'' Specifically, UPS asks for clarification about the
process by which an employer's internal training school [such as the
UPS Driver Training School (DTS) or others] becomes accredited. ATA
urges the agency to publish a clarification stating that training
programs that are managed directly by a motor carrier or provide
exclusive service to a motor carrier are not considered to be training
institutions.
In a related comment, MFCA said it is unaware of any driver
training school that trains instructors for triples, or, for that
matter, triples drivers. Until now, individual motor carriers have
filled that role, with State regulators providing oversight.
FMCSA Response: In the NPRM, the establishment of requirements for
training institutions was not intended to be interpreted as a mandate
to use these training institutions. The rule does not require a motor
carrier to employ a training institution to provide the LCV driver
training described in the appendix to part 380. Conversely, a motor
carrier's internal training school is not a training institution, as
defined in Sec. 380.105, unless it also accepts students from other
motor carriers and charges them for training. However, if a motor
carrier opts to use training institutions, the schools must be
accredited, and the training institute employee must meet State
vocational instructor guidelines.
In today's rule, FMCSA has clarified the definition of training
institution under Sec. 380.105(b) by stating that neither a motor
carrier's training school for its drivers nor an entity that
exclusively offers services to a single motor carrier is a training
institution. Accordingly, in-house trainers who are not affiliated with
a training institution must comply with the standards under subpart C
to part 380, except Sec. Sec. 380.301(a)(2), 380.301(b)(2), or
380.303(b)(4). A motor carrier's in-house training school for its
drivers does not require accreditation.
LCV Double and LCV Double subcategories
ATA and CVSA question the definition of the term longer combination
vehicle (Sec. 380.105(b)). The NPRM defines a longer combination
vehicle as ``any combination of a truck-tractor and two or more
trailers or semi-trailers, which operate on the National System of
Interstate and Defense Highways with a gross vehicle weight (GVW)
greater than 36,288 kilograms (80,000 pounds.).'' An LCV double is
defined as a Turnpike Double or a Rocky Mountain Double, and both terms
are defined to include trailer-length specifications. ATA points out
that the trailer-length specifications create the possibility that
doubles weighing more than 80,000 pounds, whose two trailers are of
equal length but less than 45 feet, would qualify as an LCV, but that
the drivers of these vehicles would not have training requirements
because the definition of an LCV double is length-specific. ATA and
CVSA suggest that FMCSA clarify this issue or simply omit the trailer-
length specification.
FMCSA Response: FMCSA agrees that the proposed definition of an LCV
double (and the LCV double subcategories) would inadvertently exclude
certain vehicles that Congress clearly intended be covered under the
LCV training requirements, according to the LCV definition in section
4007(f). For example, the NPRM's definition of Rocky Mountain double
creates an applicability loophole for a vehicle that meets the weight
and configuration thresholds established under section 4007(f) of ISTEA
but exceeds the length specification for one of its components. To
correct this error, the agency has in today's final rule removed the
terms ``Rocky Mountain double,'' ``Turnpike double,'' ``twin
trailers,'' and ``Western double'' from the list of definitions under
Sec. 380.105. The definition of an LCV double has been modified to
eliminate references to LCV subcategories defined by trailer length. An
LCV double is redefined to mean ``an LCV consisting of a truck-tractor
in combination with two trailers and/or semi-trailers.''
Qualified LCV Driver-Instructor
ATA and CVSA suggest that the definition of qualified LCV driver-
instructor should properly refer to Subpart C, not Subpart B.
Additionally, ATA comments that it is assumed that classroom
instructors would not be included under this definition. ATA believes
that classroom instruction activities need no driving prerequisites.
Therefore, they request the rule clearly note that classroom
instruction personnel need not meet any of the requirements of a
``qualified LCV driver-instructor.''
FMCSA Response: FMCSA agrees. Under the definition of Qualified LCV
driver-instructor in the section ``Sec. 380.105 Definitions'' of
today's final rule, we have corrected the erroneous cross-reference to
read ``subpart C of this part.'' See the section ``Driver-Instructor
Requirement'' for a complete discussion of substantive changes to the
definition of classroom instructor.
Driver Training Program
UPS believes the proposed rule would alter the way its training
programs are currently operated. The UPS Driver Training School
initially qualifies UPS drivers for twin trailers only. UPS does not
have a separate school for LCV training but provides this special
training to the driver at his or her work location, depending on the
local State-by-State regulatory conditions that exist for LCV
operations. After the extra training has occurred, a revised DOT road
test form is prepared to indicate that the driver is qualified to drive
LCVs. UPS asserts that the proposed rule would require the carrier to
substantially modify its current training curriculum to include the
requirements contained in the appendix to part 380, or to create a
separate school specifically for LCV training away from the driver's
work location. UPS is not convinced that generic training and testing
will accommodate the unique aspects of different regional operations
(such as mountainous terrain versus turnpikes, or eastern U.S. versus
western U.S.).
UPS also asserts that the terms of the proposed training and
certification program assume that a driver operates a particular type
of LCV combination exclusively, whereas ``[i]n reality, UPS drivers may
operate one or more of the LCV combinations in any given day, week or
month.''
[[Page 16726]]
FMCSA Response: This rule establishes an LCV driver-training
program and standards for driver instructors. The LCV driver-training
program need not be offered in a different school from that used for
other CMV training. Neither is the agency requiring UPS or any other
carrier to incur the extra expense of training all drivers in the
operation of an LCV; the rule applies only to those drivers who must
operate an LCV as defined under Sec. 380.105. However, UPS
acknowledges that it already provides separate training for its drivers
who operate LCVs. This training should be modified to include those
requirements described in the appendix to part 380.
FMCSA has removed the definitions of LCV double subcategories in
order to make clear that, while the rule applies to all LCV doubles, it
does not require separate training for every conceivable subcategory of
LCV double. Furthermore, the driver-training certificate will indicate
the general LCV type(s) that a driver is authorized to operate: LCV
doubles, LCV triples, or both.
Requirements To Qualify for Driver Training
Proposed Sec. Sec. 380.203 and 380.205 would require drivers to
have a doubles/triples endorsement on their CDLs for 6 months before
applying for LCV doubles or triples training. ATA argues that it is
likely that the knowledge and/or skills required to obtain the
endorsement will be no more stringent than those required to obtain the
LCV Driver-Training Certificate in this rule. Therefore, ATA believes
that this requirement is duplicative, unnecessary, and not relevant.
ATA explains that job opportunities occur randomly and a driver does
not have the luxury of preparing for job changes ahead of time. The ATA
urges FMCSA to remove the prerequisite to have a doubles/triples
endorsement 6 months before applying for LCV doubles or triples
training.
UPS and MFCA are concerned about the employer's responsibilities to
provide evidence of a driver's experience. For example, MFCA asks if a
verbal (i.e., oral) statement from the employer would suffice as
evidence when requested by an authorized FMCSA, State, or local
official in the course of a compliance review. UPS strongly believes
that further clarification is needed regarding the obligations and
responsibilities of an employer to seek information regarding a
driver's experience or, conversely, to provide such information to
another employer.
FMCSA Response: The doubles/triples CDL endorsement is obtained by
passing a knowledge test without a skills component. The purpose of the
requirement that a driver-candidate possess this endorsement for at
least 6 months prior to taking LCV training is to give the driver
adequate time and opportunity to gain experience in operating
combination vehicles having a GVW of less than 80,000 pounds. The
doubles/triples endorsement qualifies drivers to operate combinations
weighing less than 80,000 pounds (e.g., Western doubles). The
endorsement does not qualify drivers to operate either doubles or
triples above the 80,000-pound threshold, and it cannot be substituted
for the LCV Driver-Training Certificate. Drivers possessing the
doubles/triples endorsement may not operate doubles and triples over
80,000 pounds until they successfully complete the required training
and receive the LCV Driver-Training Certificate.
FMCSA believes it is important that drivers acquire this
operational experience with lighter combination vehicles before being
trained in the operation of LCVs. We concluded that the safety benefit
of progressing from combination-vehicle experience to LCV training
justifies the requirement that drivers hold the endorsement for 6
months. Today's rule clarifies that a written--but not an oral--
statement from a previous employer is sufficient evidence of 6 months
of combination-vehicle driving experience.
Substitute for Driver Training--Grandfathering
General
AHAS disputes the statement in the NPRM that ``the combination of a
good driving record and experience with a representative vehicle of the
specific LCV category is an appropriate indication that the individual
has the minimum knowledge and driving skills to operate such a
vehicle.'' AHAS contends that FMCSA has ``no grounds for grandfathering
the vast majority of LCV drivers'' and is thus ``forswearing
significant crash reduction benefits.'' AHAS also argues that the
agency has no authority under Sec. 4007(b) to grandfather any LCV
drivers.
FMCSA Response: The argument that the agency has no authority to
grandfather drivers is contradicted by the broadly discretionary nature
of the statutory mandate. Sec. 4007(b) simply directed the agency to
``establish minimum training requirements'' [emphasis added], i.e.,
requirements sufficient in the judgment of the agency to improve the
safety of LCV operations. Congress did not specify classroom versus on-
the-road instruction, or the degree of crash reduction to be achieved;
nor did it require universal training. In view of the small population
of LCV drivers subject to the rule, the far smaller number of crashes
involving LCVs, the fact that most current LCV drivers have undergone
LCV training, and the shortcomings of available data on the relative
safety of LCV operations, FMCSA has concluded that grandfathering safe,
experienced LCV drivers is an effective means of reducing the costs of
this rule while retaining its safety benefits. The agency has therefore
placed training requirements on the drivers most in need of
instruction--those with no experience in LCVs and current LCV drivers
with flawed safety records. This is entirely consistent with the
Congressional mandate.
FMCSA indicated the strict preconditions for grandfathering in its
proposal, and these conditions are retained in today's rule. A driver
will be eligible only if, during the last two years immediately before
applying for the exemption, he or she had no suspension, revocation, or
cancellation of his or her CDL; no convictions for a major offense
committed while operating a CMV; no convictions for a railroad-highway
grade crossing violation while operating a CMV; no convictions for
violating an out-of-service order; and, above all, no convictions for
violating a State or local traffic law in connection with a CMV crash
[Sec. 380.111(b)(3), (4), (5), (6), and (8), respectively]. The agency
estimates that 1,750 of the 35,000 current LCV drivers will not qualify
for grandfathering. Involvement in CMV crashes, however, will not
automatically bar a driver from being grandfathered, nor does FMCSA
believe it should. A 1996 report from the National Highway Traffic
Safety Administration (NHTSA) shows that in 71 percent of two-vehicle
fatal crashes involving a large truck and another type of vehicle, the
behavior of the other driver was a causative factor while that of the
truck driver was not (``Traffic Safety Facts 1996: Large Trucks'').
There is no reason to believe that the distribution of fault in LCV
crashes is significantly different. In short, current LCV drivers
convicted of a wide range of reckless or irresponsible behaviors will
be required to take the training set forth in today's rule, leaving
only those drivers eligible for grandfathering who have actual
experience operating LCVs and a driving record clear of the most
serious violations. AHAS presented no evidence that good, experienced
LCV drivers pose
[[Page 16727]]
a significant crash risk requiring mitigation through training.
At-Fault Crash Involvement While Operating a CMV
Under the proposed rule, drivers who meet certain criteria may be
grandfathered from the new driver training. One such criterion is that,
during the past 2 years, a driver had ``[n]o accident in which he/she
was found to be at fault, while operating a CMV'' [Sec.
380.111(b)(9)]. MFCA, CVSA, and ATA remark that the term at-fault
accident is never defined, nor does the NPRM state who determines fault
when a crash occurs. ATA urges FMCSA to define an at-fault accident to
mean an accident for which a truck driver has been convicted of an
offense that contributed to the crash. FMCSA also should provide
guidance, either in the preamble or in an interpretation, regarding
what types of offenses would generally be considered as contributing to
a crash. MFCA asks whether ``at-fault'' simply means a citation of any
kind relating to a CMV accident. MFCA suggests following the criteria
in Sec. 383.51, Disqualification of drivers. CVSA recommends that
FMCSA define the term and then use it throughout the regulation.
FMCSA Response: FMCSA has eliminated Sec. Sec. 380.111(b)(9),
380.203(a)(10), and 380.205(a)(10), which referred to fault, because
States do not uniformly define or assess fault in crashes. The agency
believes that the requirement under Sec. Sec. 380.111(b)(8),
380.203(a)(9), and 380.205(a)(9) for ``no convictions for a violation
of State or local law relating to motor vehicle traffic control arising
in connection with any traffic crash while operating a CMV''
sufficiently addresses the issue of a CMV driver's crash involvement.
Two-Year Driving Experience for Grandfathering
The NPRM proposed that a driver must have 2 years of driving
experience, immediately preceding the date of application for a
``Certificate of Grandfathering,'' in the type of LCV he or she seeks
to continue operating. ATA comments that the phrase ``immediately
preceding'' would present a major problem for motor carriers operating
LCVs because many drivers who are currently qualified could not meet
the proposed qualification requirement. ATA explains that many drivers
have several years of experience driving doubles and/or triples and are
currently qualified to do so. For one reason or another, however, they
are now driving a tractor-trailer combination or Western Doubles, or
are teaching driver training instead of driving. Disqualifying these
individuals would be a hardship on them, and counterproductive for both
motor carrier and employee. Therefore, ATA strongly recommends that
FMCSA revise Sec. 380.111(c)(2) to allow grandfathering of any driver
who currently holds a CDL with a doubles/triples endorsement and is
authorized by a State to operate LCVs. CVSA agrees, stating that ``any
driver who currently holds a CDL with a double/triples endorsement, has
no CDL disqualifications, has not been involved in a preventable crash,
and is authorized by a State to operate LCVs should be grandfathered.''
FMCSA Response: FMCSA has retained the 2-year driving experience
requirement for grandfathered LCV drivers. However, in today's rule the
driver is not required to have operated an LCV continuously during the
previous 2 years, nor must he or she have operated LCVs exclusively.
The driver is required only to have operated LCVs periodically within
the previous 2 years. Drivers often take the tests for endorsement
classes they have no immediate intention of using. Grandfathering
virtually anyone holding a double/triple trailer endorsement could
exempt from training some individuals who had never driven an LCV at
all, despite their having the requisite endorsement. This would change
grandfathering into a simple exemption. The agency rejects that
approach.
Driver-Instructor Requirements
UPS believes the issue of driver-instructor requirements is perhaps
the most problematic portion of the entire proposed rule. UPS requests
that the agency outline the process for driver-instructors to become
certified. UPS also believes it would be most practical to allow UPS
Driver Training School instructors to be able, in turn, to train other
UPS management personnel.
One requirement of the NPRM is that an LCV driver-instructor have
at least 2 years' driving experience in the type of vehicle (LCV double
or triple) for which he or she will provide training, as well as a
Class A CDL with a doubles/triples endorsement. This requirement
presents a major concern for UPS and ATA, which consider it infeasible.
UPS states that, while it operates one of the Nation's safest
commercial vehicle fleets, some of its LCV training personnel have not
had at least 2 years of LCV driving experience. UPS does not believe
that 2 years' experience operating an LCV is a relevant prerequisite
for becoming a highly skilled LCV driver-trainer. All UPS LCV driver-
trainers have successfully completed the UPS Driver Training School but
have not necessarily driven twin trailers or LCV Triples for 2 years.
UPS's position seems to be that driving experience in an LCV is less
important than skill as an instructor. ATA agrees, and comments that
the rule would make a large number of existing driver-instructors
ineligible to continue their training duties. ATA also explains that
motor carriers currently use driver-instructors who have never driven
an LCV but have had a great deal of success training others to drive
LCVs. ATA and UPS agree that the enactment of this provision would
result in significant financial and administrative hardship to motor
carriers.
Additionally, ATA assumes that classroom instructors would not be
included under the definition of a qualified LCV driver-instructor. ATA
comments that classroom instruction activities need no driving
prerequisites. Therefore, ATA believes the rule should clearly state
that classroom instruction personnel need not meet any of the
requirements of a ``qualified LCV driver-instructor.''
FMCSA Response: Based on the information that motor carriers
routinely use nondrivers to teach training courses, FMCSA has revised
the requirements for a qualified LCV driver-instructor in Sec. Sec.
380.105(b), 380.109(a), 380.301, 380.303, 391.53, and the appendix to
part 380. The definition of a qualified LCV driver-instructor now
includes a distinction between (1) classroom instructors and (2) skills
instructors. Motor carriers may use an individual who does not possess
a CDL, a doubles/triples endorsement, or recent CMV driving experience
to instruct or test LCV drivers in knowledge and skills that do not
require the actual operation of an LCV or one of its components.
However, only a skills instructor may train or test driver-candidates
in those skills requiring the operation of an LCV or one of its
components.
Driver Testing
UPS seeks additional guidance and clarification from FMCSA on
proposed requirements for testing methods, proficiency determinations,
and automatic test failure in order to determine if its Driver Training
School meets the standards contemplated by FMCSA regarding these
driver-testing provisions.
ATA directs its comment to Sec. 380.109(a) in the NPRM, which
discusses the administration of driver-student knowledge and skills
tests. This paragraph would require a qualified LCV driver-instructor
to administer
[[Page 16728]]
knowledge and skills tests to driver-students. ATA notes that knowledge
tests could be administered by almost anyone since there is no need for
interaction between the driver-student and the instructor. Skills tests
are generally taken on private property on a ``closed course.''
Therefore, a qualified LCV driver-instructor would not be needed. ATA
strongly suggests that FMCSA remove the requirement that a ``qualified
driver-instructor'' administer the knowledge and skills tests to
driver-students and replace the term ``a qualified driver-instructor''
with the term ``an authorized motor carrier or training institution
employee.''
FMCSA Response: Motor carriers needing guidance for testing methods
and proficiency determinations are referred to the ``Examiner's Manual
for Commercial Driver's License Tests.'' You may obtain a copy of the
document from the American Association of Motor Vehicle Administrators
(AAMVA), 4300 Wilson Boulevard, Suite 400, Arlington, Virginia 22203.
Automatic test failure determinations are made at the sole discretion
of the qualified LCV driver-instructor.
Today's rule retains the requirement that only qualified LCV
driver-instructors administer knowledge and skills tests. We anticipate
that a number of small carriers will conduct in-house training to meet
the rule's provisions. As most such training programs will be small,
allowing test administration by persons other than qualified driver-
instructors could open the door to driver-trainees administering tests
to one another. Under the rule, a qualified LCV classroom instructor
may administer knowledge tests (as well as skills tests not involving
actual operation of an LCV or one of its components), while only a
qualified skills instructor may administer skills tests based on actual
operation of an LCV. These standards protect the integrity of knowledge
and skills testing and increase assurances that only qualified LCV
driver-candidates will receive certification.
Merging the LCV Driver-Training Program With the Commercial Driver's
License Program
The National Private Truck Council, Inc. (NPTC) supports the
additional training requirements for LCV drivers and the general
categories of instruction outlined in Sec. 380.201(a). However, NPTC
advocates incorporating the four general LCV training areas into the
CDL testing program rather than creating separate training requirements
with which a motor carrier must comply. NPTC believes integrating the
LCV training areas into the CDL testing program would assist a motor
carrier in attempting to demonstrate the adequacy of driver training in
court cases for crash-related litigation involving its drivers. In
addition the driver's training certification, like the CDL, would
follow the driver from carrier to carrier.
FMCSA Response: LCVs are allowed to operate in fewer than half the
States, and relatively small numbers of CDL drivers are covered under
the LCV training requirements. FMCSA believes that requiring the State
to administer, and enforce at roadside inspections, the LCV training
requirements would add an unnecessary complication to the CDL program.
FMCSA believes the Driver-Training Certificate is sufficient
documentation that a driver has met the LCV training requirement.
Compliance Enforcement
CVSA believes that if an LCV operator is required to obtain
additional training, this should be reflected on the CDL. CVSA is
concerned about the lack of information provided for the roadside
officer, since an additional endorsement will not be added to the CDL.
The officer at roadside will not have access to any of the information
concerning the LCV training, thus making this requirement unenforceable
during a safety inspection. Therefore, any noncompliance will be
discovered only through auditing the recordkeeping requirements for
drivers and motor carriers, and not during a driver/vehicle safety
inspection.
CVSA also questions why the proposed regulation is located in part
380 rather than parts 383 and 391, where other driver-related
regulations are found. CVSA believes codifying this regulation in
another part adds confusion with regard to compliance, both for the
enforcement community and for the industry. CVSA recommends adding the
proposed regulations to part 383 since they are applicable to CDL
drivers.
FMCSA Response: By placing the LCV driver training and related
requirements in part 380, FMCSA is emphasizing that these requirements
are a training responsibility and that compliance would be checked at
the carrier's place of business during a compliance review. Because the
requirement is not a driver licensing issue to be administered by the
State licensing agency, enforcement officials will not check for
compliance at roadside. (Roadside enforcement officials may, however,
check an LCV driver's CDL to verify the presence of a doubles/triples
endorsement.)
Appendix--Knowledge and Skills Training (Appendix to Part 380)
ATA comments that many of the knowledge and skills requirements are
already required for obtaining a CDL, and would therefore simply be
repeated during LCV training. Like a postgraduate course, the training
should build upon knowledge already acquired, not repeat it.
Additionally, ATA strongly suggests that FMCSA eliminate the
requirements already specified in part 383, subpart G, which would
include units 1.2, 1.3, 1.4, and 2.1.
ATA also remarks that some requirements proposed in the appendix to
part 380 would be imposed on LCV drivers, but not on other CDL holders,
even though the situations addressed are not unique to LCVs. ATA states
that security issues (Unit 3.5) are not unique to LCV drivers and asks
why FMCSA finds it necessary to propose this requirement for LCV
drivers when no other CDL holder is required to have this instruction.
Also, ATA states that the proposed maintenance and trouble-shooting
requirements in Unit 4.3 go beyond those currently required for other
CDL holders. ATA does not understand why FMCSA believes that only LCV
drivers should have these skills. Furthermore, some motor carriers
prohibit LCV driver-employees from performing maintenance or emergency
repairs to their complex and high-technology vehicles. Therefore, ATA
also suggests that units 3.5 and 4.3 be eliminated.
FMCSA Response: Although many of the knowledge and skills topics
covered in the LCV training program may be similar to those in the CDL
Licensing Test, the licensing test measures general knowledge and
familiarity with best practices. The LCV training program is intended
to cover topics much more comprehensively and tailor the instruction to
the unique characteristics of an LCV. The proficiency development unit
will allow the driver to apply what is learned in class and to perfect
skills under the supervision of a qualified instructor.
In response to ATA's request, FMCSA has eliminated Unit 2.1--
Inspection, because these skills are adequately covered under Unit
4.3--Maintenance and Trouble-shooting. Unit 3.5--Security has been
revised to refer to Federal and State security requirements including
those of the Transportation Security Administration and the Research
and Special Programs Administration. The agency has also revised the
Unit 4.3 description to include knowledge of certain maintenance
functions and how to
[[Page 16729]]
communicate vehicle malfunctions. The rule does not compel a motor
carrier to allow an LCV driver to perform maintenance, but the agency
believes it would be beneficial for LCV drivers to have basic
maintenance and trouble-shooting skills. In some circumstances, it may
be necessary to make temporary repairs that would allow the driver to
move the vehicle to a safer location before permanent repairs are made.
Comments on the Cost-Benefit Analysis
ATA states that FMCSA inadvertently omitted ``the opportunity cost
to the motor carrier.'' A few ATA members have furnished cost figures
for their LCV operations. Using these figures, ATA estimates that the
annual cost to motor carriers of compliance with the rule ``would be
$4,995,650 while the 10-year cost would be $49,956,500.'' Therefore,
ATA estimates that the 10-year cost ``would exceed the 10-year benefits
by $25,556,500 when you consider a 10 percent crash rate reduction; for
a five percent accident rate reduction, costs would exceed benefits by
$12,778,250.''
In addition, ATA believes that ``because LCVs have such an
exemplary safety record, FMCSA would be hard-pressed to develop a
prescriptive training requirement that would pass a cost-benefit
analysis. ATA, therefore, seriously questions the need for mandatory
LCV training.'' Recognizing, however, that the agency is under
Congressional direction to develop an LCV training requirement, ``ATA
encourages the agency to develop a training requirement that is
performance-based, with at-fault crash rates as the measure of
performance for motor carriers.''
FMCSA Response: ATA is correct that FMCSA should have explicitly
included the opportunity cost to motor carriers of requiring some of
their drivers to undergo training. FMCSA implicitly recognized this
cost by including drivers' wages in its NPRM estimate of the cost of
LCV training, but did not include the profits motor carriers would
forgo. We have added these costs to the regulatory evaluation for
today's rule. However, in the above-quoted calculations based on
figures provided by specific carriers, ATA overestimates the cost of
compliance with the LCV training requirements by including motor
carriers' entire LCV operating costs. Although carriers will forfeit
some revenue as a result of LCV driver training, those losses will be
partly offset by reduced costs: Motor carriers will not have hourly
operating costs (e.g., fuel, wear and tear, tires) for drivers being
trained. See the regulatory evaluation for a detailed comparison of
costs and benefits.
Comments on the Federalism Assessment
ATA asks why FMCSA did not include an implementation date for State
adoption of the proposed rule. According to ATA, 22 States allow the
operation of LCVs within their borders, and many of those States have
driver and vehicle requirements for LCV operations. Because FMCSA
asserts that nothing in the NPRM preempts any State law or regulation,
motor carriers and drivers that operate LCVs could be required to
comply with two sets of training requirements. This would be confusing
to the regulated motor carriers and would be considered
counterproductive. ATA argues that the trucking industry needs a
standardized rule that applies nationwide, and recommends that FMCSA
review its Federalism assessment, revise it, and include an
implementation date for State adoption.
FMCSA Response: Under the MCSAP, States have up to 3 years to adopt
regulations compatible with the Federal Motor Carrier Safety
Regulations [49 CFR 350.331(d)]. In any case, a State with special LCV
requirements must continue to enforce them pursuant to the ISTEA freeze
on the length and weight of LCVs and long doubles and triples [49
U.S.C. 31112(d)(1) and 23 U.S.C. 127(d)(1)(B), implemented by 23 CFR
658.21]. Failure to do so would force FHWA, our sister agency within
DOT, to withhold some of that State's Federal-aid highway funds or to
take injunctive action against the State in Federal court. For both
these reasons, it would be inappropriate to preempt current State
regulations.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined that this action is a significant regulatory
action within the meaning of Executive Order 12866, and is significant
within the meaning of the Department of Transportation's regulatory
policies and procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR
11034, February 26, 1979) because of significant public interest in the
issues relating to CMV safety and training of certain CMV drivers. The
Office of Management and Budget has completed its review of this rule
under Executive Order 12866.
Regulatory Evaluation
Following is a summary of the regulatory evaluation. The complete
evaluation has been placed in the docket.
Approximately 35,000 drivers currently operate LCVs; most are
expected to be grandfathered. Approximately 1,200 LCV drivers are
estimated to require training annually. ANPRM docket comments and
conversation with industry representatives and analysts suggest that
LCV drivers are currently obtaining about half the amount of training
we estimate would be needed to cover the topics outlined in this rule,
approximately 50 hours. The net cost of training (including drivers'
wages) is $45.50 an hour. This results in a 10-year cost of
approximately $29 million.
Precisely quantifying the benefits of this rule is difficult.
Congress clearly assumed that increased training reduces crash rates,
and many analysts agree with this position. However, quantitative data
examining the relationship between training and crash rates is not
plentiful, and those studies we have located have not found a strong
and consistent relationship. Therefore, we performed sensitivity
analysis, estimating the benefits from a range of reductions in
drivers' crash rates for drivers who have received training. Net
benefits ranged from -$12 million for a 5 percent reduction in the
crash rate to +40 million for a 20 percent reduction.
Table 1 presents the results for a number of possible deterrence
levels.
Table 1.--Benefit Cost Ratio With Different Crash Rate Reductions
------------------------------------------------------------------------
Crash reduction 5% 10% 15% 20%
------------------------------------------------------------------------
B/C Ratio........................... 0.6 1.2 1.8 2.4
------------------------------------------------------------------------
[[Page 16730]]
Table 2 shows costs, benefits, and the number of crashes and
drivers that would be affected by these proposals, with an assumed 10
percent reduction in crashes.
Table 2.--Summary Results With 10% Crash Rate Reductions
[millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trained annually 10-year costs 10-year benefits Net benefits B/C ratio Crashes prevented
--------------------------------------------------------------------------------------------------------------------------------------------------------
1,172............................................... $28.8 $34.4 $5.6 1.2 315
--------------------------------------------------------------------------------------------------------------------------------------------------------
This analysis assumes that, under the rule, prospective LCV drivers
will obtain an additional 50 hours of training. This is a conservative
estimate, in that it is on the high end of the range of likely training
time. Nonetheless, because of uncertainty over how many hours of
training will be needed, we performed sensitivity analysis for
different assumed hours of training. As expected, the sensitivity
analysis shows that net benefits move in the opposite direction of the
number of hours.
All costs and benefits are over a 10-year period, and are
discounted at a 7 percent rate.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), as
amended, requires Federal agencies to ``* * *endeavor, consistent with
the objectives of the rule and of applicable statutes, to fit
regulatory and informational requirements to the scale of the
businesses, organizations, and governmental jurisdictions subject to
regulation.'' Accordingly, DOT policy requires an analysis of the
impact of all regulations (or proposals) on small entities, and
mandates that agencies shall strive to lessen any adverse effects on
these businesses. The following sections contain the FMCSA regulatory
flexibility analysis.
Need and Objective for the Rule
This action is being promulgated in response to Congressional
direction. Specifically, Sec. 4007(b) of ISTEA directed the Secretary
to promulgate regulations requiring training for LCV drivers. Congress
mandated this action because of concern over the number of LCV crashes.
The objective of this rule is to reduce the number of LCV crashes
through better training of LCV drivers.
Significant Issues Raised in Response to IRFA
Commenters to the NPRM docket did not raise any significant issues
concerning the Initial Regulatory Flexibility Analysis. None of the
eight commenters addressed any small business concerns.
Number of Small Entities to Which the Action Will Apply
This action will apply to all small entities regulated by FMCSA
that own or operate LCVs. Using the number of drivers as a proxy for
size, the majority of carriers can reasonably be described as small. As
of April 2002, there were 610,000 motor carriers on the FMCSA Motor
Carrier Management Information System (MCMIS) census file. Of the
500,000 carriers for which we have driver data, 435,000 (87 percent)
have six or fewer drivers. Assuming that 87 percent of the 110,000
carriers with no driver information are also small, the total number of
carriers with six or fewer drivers would exceed half a million.
Reporting, Recordkeeping, and Other Compliance Requirements
This action will impose a very modest burden on small entities,
since it largely regulates the actions of drivers rather than motor
carriers. Nonetheless, this action does impose some recordkeeping
requirements on motor carriers. The primary carrier requirement would
be to verify drivers' eligibility before allowing them to operate an
LCV. In addition, carriers must maintain a copy of the required driver-
training certificate in each driver qualification (DQ) file. Carriers
are currently required to maintain a DQ file for each driver, as
outlined in part 391 of the Federal Motor Carrier Safety Regulations.
No special skills are required to verify eligibility to operate an LCV
or to place a driver-training certificate in a DQ file.
Agency Steps To Minimize Impacts on Small Entities
As discussed above, while this rule will affect a significant
number of small entities, the impact on any individual small carrier
will be minimal. Therefore, FMCSA certifies that this regulation will
not have a significant impact on the small businesses subject to
today's final rule.
Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132. It has been determined
that this rulemaking does not have a substantial direct effect on
States, nor would it limit the policy-making discretion of the States.
Nothing in this document preempts any State law or regulation.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities do not apply to this rule.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (49 U.S.C. 3501-
3520), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA has determined
that this final rule creates a new collection of information requiring
OMB's approval. This PRA section addresses the information collection
burden for certifying new LCV drivers and current, non-grandfathered
LCV drivers; the burden associated with grandfathering those current
LCV drivers who are eligible for certification; and the burden
associated with certifying that driver-instructors satisfy the
qualification requirements of Sec. 380.301.
FMCSA estimates that 35,000 drivers currently operate LCVs. Ninety-
five percent of these drivers (or 33,250 LCV drivers) are expected to
be eligible to be grandfathered during the first year after the rule
becomes effective. The agency also estimates that approximately 1,200
new LCV drivers would require training each year, with an additional
1,750 non-grandfathered LCV drivers (or 5 percent of LCV drivers
currently operating) requiring training during the first year. In
addition, there would be a burden to the motor carrier or other
training entity to complete, photocopy, and file the training
certification form for LCV operation. FMCSA estimates that 10
[[Page 16731]]
minutes would be required for this paperwork activity, resulting in a
first-year information collection burden of 491.7 hours, or rounded to
the nearest tenth, 492 burden hours [1,200 new LCV drivers + 1,750 LCV
drivers x 10 minutes per motor carrier/training entity, divided by 60
minutes = 492 hours] and an annual information collection burden in
subsequent years of 200 hours [1,200 LCV drivers x 10 minutes divided
by 60 minutes = 200 hours].
For grandfathering 33,250 LCV drivers, there would be a one-time,
one-year-only information collection burden of 16,625 hours, since LCV
drivers can be grandfathered only during the first year after the rule
becomes effective. There are two parts to the burden for grandfathered
drivers: (1) the burden for the driver to collect and provide the
information to the motor carrier, and (2) the burden for the motor
carrier to review the documents and to complete, duplicate, and file
the certification form. FMCSA estimates that it would take
approximately 15 minutes for the driver to collect the necessary
information and provide the documentation to the motor carrier, and 15
minutes for the motor carrier to review the information, complete the
certification, and duplicate and file the document. Therefore, the
burden associated with grandfathering the 33,250 LCV drivers would be
16,625 burden hours [(33,250 LCV drivers x 15 minutes per driver,
divided by 60 minutes = 8,312.5 hours) + (33,250 LCV drivers x 15
minutes per motor carrier, divided by 60 minutes = 8,312.5 hours) =
16,625 hours].
FMCSA estimates that the burden associated with driver-instructor
certification would be 70 burden hours during the first year after the
rule becomes effective and 3 annual burden hours thereafter. The agency
based these estimates on the following.
We estimate that during the first year, training 1,200 new LCV
drivers and 1,750 non-grandfathered LCV drivers would require 148
driving-instructors teaching four classes of five students each [2,950
drivers, divided by five students per class, divided by four classes
per year = 147.5 LCV driving instructors, or rounded to the nearest
tenth, 148 burden hours]. Approximately one-third (or 49) of the
instructors would be classroom instructors and two-thirds (99) would be
skills instructors. Instructors would provide to the training school
(or to the training entity of the motor carrier) documentation
certifying their qualifications under Sec. 380.301.
FMCSA estimates that a classroom instructor would take 10 minutes
to collect this instructor documentation and provide it to the
certifying training school or motor carrier, while the skills
instructor would require 15 minutes to collect and provide this
documentation. The training school or motor carrier would require an
estimated 15 minutes to review the documentation, complete the
instructor certification, and duplicate and file the document.
Therefore, the first-year burden associated with instructor
certification would be 70 burden hours [(49 classroom instructors x 10
minutes per instructor = 490 minutes, divided by 60 minutes = 8.1
hours, or rounded to the nearest tenth, 8 burden hours) + (99 skills
instructors x 15 minutes per instructor = 1,485 minutes, divided by 60
minutes = 24.75 hours, or rounded to the nearest tenth, 25 burden
hours) + (148 total instructors x 15 minutes' administrative burden per
instructor certification = 2,220 minutes, divided by 60 minutes = 37
burden hours) = 70 hours].
As the specialized nature of LCV training correlates with low
instructor turnover, FMCSA estimates an annual turnover rate of 10
percent. Based on an estimated annual instructor pool of 60 instructors
to train 1,200 new LCV drivers (with each instructor teaching four
classes of five students), six new instructors (two classroom
instructors and four skills instructors) would need to be certified
each year after the first year. Therefore, the estimated subsequent-
year annual burden associated with instructor certification would be
2.8 burden hours, or rounded to the nearest tenth, 3 burden hours [(two
classroom instructors x 10 minutes = 20 minutes) + (four skills
instructors x 15 minutes = 60 minutes) + (six new instructors x 15
minutes' administrative burden per instructor certification = 90
minutes) = 170 minutes/60 minutes = 3 hours].
Thus, the total first-year burden associated with this rule, when
promulgated, is estimated to be 17,187 burden hours [492 + 16,625 + 70
= 17, 187 hours]. The information collection burden for subsequent
years would drop to 203 burden hours [200 + 3 = 203 hours].
------------------------------------------------------------------------
Activity--Burden to complete and process
the annual Certification form for LCV First-year Burden hours
drivers and to certify driver- burden hours for subsequent
instructors years
------------------------------------------------------------------------
First-year training 492 ..............
of 1,200 new LCV drivers + 1,750 non-
grandfathered LCV drivers..............
First-year instructor 70 ..............
certification for 1,200 new LCV drivers
+ 1,750 non-grandfathered LCV drivers..
Training & instructor .............. 203
certification in subsequent years--
1,200 new LCV drivers annually.........
Grandfathering 33,250 LCV drivers 16,625 ..............
currently operating in the first year..
-----------------
Total............................... 17,187 203
------------------------------------------------------------------------
OMB Control Number: 2126-(new).
Title: Training Certification for Drivers of Longer Combination
Vehicles.
Respondents: 36,348 during the first year; 1,260 in subsequent
years.
Estimated Annual Hour Burden for the Information Collection: Year 1
= 17,187 hours; subsequent years = 203 hours.
Interested parties are invited to send comments regarding any
aspect of these information collection requirements, including but not
limited to: (1) Whether the collection of information is necessary for
the performance of the functions of FMCSA, including whether the
information has practical utility; (2) the accuracy of the estimated
burden; (3) ways to enhance the quality, utility, and clarity of the
collected information; and (4) ways to minimize the collection burden
without reducing the quality of the information collected.
You may submit any additional comments on the information
collection burden addressed by this final rule to the Office of
Management and Budget. The OMB must receive your comments by April 29,
2004. You must mail or hand deliver your comments to: Attention: Desk
Officer for the Department of Transportation, Docket Library, Office of
Information and Regulatory Affairs, Office of Management and Budget,
Room 10102, 725 17th Street, NW., Washington, DC 20503.
National Environmental Policy Act
The agency analyzed this final rule for the purpose of the National
Environmental Policy Act of 1969
[[Page 16732]]
(NEPA) (42 U.S.C. 4321 et seq.) and determined under our environmental
procedures Order 5610.1 (published in the March 1, 2004 Federal
Register at 69 FR 9680 with an effective date of March 30, 2004), that
this action is categorically excluded (CE) under Appendix 2, paragraph
6.d of the Order from further environmental documentation. That CE
relates to establishing regulations and actions taken pursuant to these
regulations that concern the training, qualifying, licensing,
certifying, and managing of personnel. In addition, the agency believes
that the action includes no extraordinary circumstances that will have
any effect on the quality of the environment. Thus, the action does not
require an environmental assessment or an environmental impact
statement.
We have also analyzed this rule under the Clean Air Act, as amended
(CAA) section 176(c), (42 U.S.C. 7401 et seq.) and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's General Conformity
requirement since it involves policy development and civil enforcement
activities, such as, investigations, inspections, examinations, and the
training of law enforcement personnel. See 40 CFR 93.153(c)(2). It will
not result in any emissions increase nor will it have any potential to
result in emissions that are above the general conformity rule's de
minimis emission threshold levels. Moreover, it is reasonably
foreseeable that the rule change will not increase total CMV mileage,
change the routing of CMVs, how CMVs operate or the CMV fleet-mix of
motor carriers. This action merely establishes standards for minimum
training requirements for operators of LCVs and requirements for the
instructors who train them.
Executive Order 13211 (Energy Supply, Distribution, or Use)
The agency has analyzed this action under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. This action is not a significant energy action
within the meaning of Section 4(b) of the Executive Order because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This rule establishes training
requirements for operators of LCVs and sets forth requirements for
trainers of such operators. This action has no effect on the supply or
use of energy, nor do we believe it will cause a shortage of drivers
qualified to distribute energy, such as gasoline, fuel oil, or other
fuels.
Unfunded Mandates Reform Act of 1995
This rule does not impose a Federal mandate resulting in the
expenditure by State, local, or tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year (2
U.S.C. 1531 et seq.). Under this rule, there are no costs to States,
and costs to the private sector should be minimal. This action
establishes minimum training standards for operators of LCVs.
Although not required to do so under the FMCSRs, motor carriers
routinely provide similar training to their drivers who operate LCVs.
The rule does not stipulate that motor carriers must provide such
training, but requires them to use only those drivers and driver-
instructors who have met the standards established by the rule.
Executive Order 12630 (Taking of Private Property)
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutional Protected Property Rights.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.0. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
The agency has analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule sets forth training requirements for LCV drivers and
sets standards for instructors of such drivers. Therefore, FMCSA
certifies that this action is not an economically significant rule and
does not concern an environmental risk to health or safety that may
disproportionately affect children.
List of Subjects
49 CFR Part 380
Driver training, instructor requirements.
49 CFR Part 391
Highways and roads, Motor vehicle safety.
0
For the reasons stated in the preamble, the Federal Motor Carrier
Safety Administration amends 49 CFR chapter III as set forth below:
0
1. Chapter III is amended by adding part 380 to read as follows:
PART 380--SPECIAL TRAINING REQUIREMENTS
Subpart A--Longer Combination Vehicle (LCV) Driver-Training and Driver-
Instructor Requirements--General
Sec.
380.101 Purpose and scope.
380.103 Applicability.
380.105 Definitions.
380.107 General requirements.
380.109 Driver testing.
380.111 Substitute for driver training.
380.113 Employer responsibilities.
Subpart B--LCV Driver-Training Program
380.201 General requirements.
380.203 LCV Doubles.
380.205 LCV Triples.
Subpart C--LCV Driver-Instructor Requirements
380.301 General requirements.
380.303 Substitute for instructor requirements.
380.305 Employer responsibilities.
Subpart D--Driver-Training Certification
380.401 Certification document.
Appendix to Part 380--LCV Driver Training Programs, Required
Knowledge and Skills
Authority: 49 U.S.C. 31136, 31307, and 31502; Sec. 4007(b) of
Pub. L. 102-240 (105 Stat. 2152); 49 CFR 1.73.
Subpart A--Longer Combination Vehicle (LCV) Driver-Training and
Driver-Instructor Requirements--General
Sec. 380.101 Purpose and scope.
(a) Purpose. The purpose of this part is to establish minimum
requirements for operators of longer combination vehicles (LCVs) and
LCV driver-instructors.
(b) Scope. This part establishes:
(1) Minimum training requirements for operators of LCVs;
(2) Minimum qualification requirements for LCV driver-instructors;
and
(3) Procedures for determining compliance with this part by
operators, instructors, training institutions, and employers.
Sec. 380.103 Applicability.
The rules in this part apply to all operators of LCVs in interstate
commerce, employers of such persons, and LCV driver-instructors.
Sec. 380.105 Definitions.
(a) The definitions in part 383 of this subchapter apply to this
part, except where otherwise specifically noted.
(b) As used in this part:
Classroom instructor means a qualified LCV driver-instructor who
provides knowledge instruction that
[[Page 16733]]
does not involve the actual operation of a longer combination vehicle
or its components. Instruction may take place in a parking lot, garage,
or any other facility suitable for instruction.
Longer combination vehicle (LCV) means any combination of a truck-
tractor and two or more trailers or semi-trailers, which operate on the
National System of Interstate and Defense Highways with a gross vehicle
weight (GVW) greater than 36,288 kilograms (80,000 pounds).
LCV Double means an LCV consisting of a truck-tractor in
combination with two trailers and/or semi-trailers.
LCV Triple means an LCV consisting of a truck-tractor in
combination with three trailers and/or semi-trailers.
Qualified LCV driver-instructor means an instructor meeting the
requirements contained in subpart C of this part. There are two types
of qualified LCV driver-instructors: (1) classroom instructor and (2)
skills instructor.
Skills instructor means a qualified LCV driver-instructor who
provides behind-the-wheel instruction involving the actual operation of
a longer combination vehicle or its components outside a classroom.
Training institution means any technical or vocational school
accredited by an accrediting institution recognized by the U.S.
Department of Education. A motor carrier's training program for its
drivers or an entity that exclusively offers services to a single motor
carrier is not a training institution.
Sec. 380.107 General requirements.
(a) Except as provided in Sec. 380.111, a driver who wishes to
operate an LCV shall first take and successfully complete an LCV
driver-training program that provides the knowledge and skills
necessary to operate an LCV. The specific types of knowledge and skills
that a training program shall include are outlined in the appendix to
this part.
(b) Before a person receives training:
(1) That person shall present evidence to the LCV driver-instructor
showing that he/she meets the general requirements set forth in subpart
B of this part for the specific type of LCV training to be taken.
(2) The LCV driver-instructor shall verify that each trainee
applicant meets the general requirements for the specific type of LCV
training to be taken.
(c) Upon successful completion of the training requirement, the
driver-student shall be issued an LCV Driver Training Certificate by a
certifying official of the training entity in accordance with the
requirements specified in subpart D of this part.
Sec. 380.109 Driver testing.
(a) Testing methods. The driver-student must pass knowledge and
skills tests in accordance with the following requirements, to
determine whether a driver-student has successfully completed an LCV
driver-training program as specified in subpart B of this part. The
written knowledge test may be administered by any qualified driver-
instructor. The skills tests, based on actual operation of an LCV, must
be administered by a qualified LCV skills instructor.
(1) All tests shall be constructed to determine if the driver-
student possesses the required knowledge and skills set forth in the
appendix to this part for the specific type of LCV training program
being taught.
(2) Instructors shall develop their own tests for the specific type
of LCV-training program being taught, but those tests must be at least
as stringent as the requirements set forth in paragraph (b) of this
section.
(3) LCV driver-instructors shall establish specific methods for
scoring the knowledge and skills tests.
(4) Passing scores must meet the requirements of paragraph (b) of
this section.
(5) Knowledge and skills tests shall be based upon the information
taught in the LCV training programs as set forth in the appendix to
this part.
(6) Each knowledge test shall address the training provided during
both theoretical and behind-the-wheel instruction, and include at least
one question from each of the units listed in the table to the appendix
to this part, for the specific type of LCV training program being
taught.
(7) Each skills test shall include all the maneuvers and operations
practiced during the Proficiency Development unit of instruction
(behind-the-wheel instruction), as described in the appendix to this
part, for the specific type of LCV training program being taught.
(b) Proficiency determinations. The driver-student must meet the
following conditions to be certified as an LCV driver:
(1) Answer correctly at least 80 percent of the questions on each
knowledge test; and
(2) Demonstrate that he/she can successfully perform all of the
skills addressed in paragraph (a)(7) of this section.
(c) Automatic test failure. Failure to obey traffic laws or
involvement in a preventable crash during the skills portion of the
test will result in automatic failure. Automatic test failure
determinations are made at the sole discretion of the qualified LCV
driver-instructor.
(d) Guidance for testing methods and proficiency determinations.
Motor carriers should refer to the Examiner's Manual for Commercial
Driver's License Tests for help in developing testing methods and
making proficiency determinations. You may obtain a copy of this
document by contacting the American Association of Motor Vehicle
Administrators (AAMVA), 4300 Wilson Boulevard, Suite 400, Arlington,
Virginia 22203.
Sec. 380.111 Substitute for driver training.
(a) Grandfather clause. The LCV driver-training requirements
specified in subpart B of this part do not apply to an individual who
meets the conditions set forth in paragraphs (b), (c), and (d) of this
section. A motor carrier must ensure that an individual claiming
eligibility to operate an LCV on the basis of this section meets these
conditions before allowing him/her to operate an LCV.
(b) An individual must certify that, during the 2-year period
immediately preceding the date of application for a Certificate of
Grandfathering, he/she had:
(1) A valid Class A CDL with a ``double/triple trailers''
endorsement;
(2) No more than one driver's license;
(3) No suspension, revocation, or cancellation of his/her CDL;
(4) No convictions for a major offense while operating a CMV as
defined in Sec. 383.51(b) of this subchapter;
(5) No convictions for a railroad-highway grade crossing offense
while operating a CMV as defined in Sec. 383.51(d) of this subchapter;
(6) No convictions for violating an out-of-service order as defined
in Sec. 383.51(e) of this subchapter;
(7) No more than one conviction for a serious traffic violation, as
defined in Sec. 383.5 of this subchapter, while operating a CMV; and
(8) No convictions for a violation of State or local law relating
to motor vehicle traffic control arising in connection with any traffic
crash while operating a CMV.
(c) An individual must certify and provide evidence that he/she:
(1) Is regularly employed in a job requiring the operation of a CMV
that requires a CDL with a double/triple trailers endorsement; and
(2) Has operated, during the 2 years immediately preceding the date
of application for a Certificate of Grandfathering, vehicles
representative
[[Page 16734]]
of the type of LCV that he/she seeks to continue operating.
(d) A motor carrier must issue a Certificate of Grandfathering to a
person who meets the requirements of this section and must maintain a
copy of the certificate in the individual's Driver Qualification file.
[GRAPHIC] [TIFF OMITTED] TR30MR04.000
(e) An applicant may be grandfathered under this section only
during the year following June 1, 2004.
Sec. 380.113 Employer responsibilities.
(a) No motor carrier shall:
(1) Allow, require, permit or authorize an individual to operate an
LCV unless he/she meets the requirements in Sec. Sec. 380.203 or
380.205 and has been issued the LCV driver-training certificate
described in Sec. 380.401. This provision does not apply to
individuals who are eligible for the substitute for driver training
provision in Sec. 380.111.
(2) Allow, require, permit, or authorize an individual to operate
an LCV which the LCV driver-training certificate, CDL, and CDL
endorsement(s) do not authorize the driver to operate. This provision
applies to individuals employed by or under contract to the motor
carrier.
(b) A motor carrier that employs or has under contract LCV drivers
shall provide evidence of the certifications required by Sec. 380.401
or Sec. 380.111 of this part when requested by an authorized FMCSA,
State, or local official in the course of a compliance review.
Subpart B--LCV Driver-Training Program
Sec. 380.201 General requirements.
(a) The LCV Driver-Training Program that is described in the
appendix to this part requires training using an LCV Double or LCV
Triple and must include the following general categories of
instruction:
(1) Orientation;
(2) Basic operation;
(3) Safe operating practices;
(4) Advanced operations; and
(5) Nondriving activities.
(b) The LCV Driver-Training Program must include the minimum topics
of training set forth in the appendix to this part and behind-the-wheel
instruction that is designed to provide an opportunity to develop the
skills outlined under the Proficiency Development unit of the training
program.
Sec. 380.203 LCV Doubles.
(a) To qualify for the training necessary to operate an LCV Double,
a driver-student shall, during the 6 months immediately preceding
application for training, have:
(1) A valid Class A CDL with a double/triple trailer endorsement;
(2) Driving experience in a Group A vehicle as described in Sec.
383.91 of this subchapter. Evidence of driving experience shall be an
employer's written statement that the driver has, for at least 6 months
immediately preceding application, operated a Group A vehicle while
under his/her employ;
(3) No more than one driver's license;
(4) No suspension, revocation, or cancellation of his/her CDL;
(5) No convictions for a major offense, as defined in Sec.
383.51(b) of this subchapter, while operating a CMV;
[[Page 16735]]
(6) No convictions for a railroad-highway grade crossing offense,
as defined in Sec. 383.51(d) of this subchapter, while operating a
CMV;
(7) No convictions for violating an out-of-service order as defined
in Sec. 383.51(e) of this subchapter;
(8) No more than one conviction for a serious traffic violation, as
defined in Sec. 383.5 of this subchapter, while operating a CMV; and
(9) No convictions for a violation of State or local law relating
to motor vehicle traffic control arising in connection with any traffic
crash while operating a CMV.
(b) Driver-students meeting the preliminary requirements in
paragraph (a) of this section shall successfully complete a training
program that meets the minimum unit requirements for LCV Doubles as set
forth in the appendix to this part.
(c) Driver-students who successfully complete the Driver Training
Program for LCV Doubles shall be issued a certificate, in accordance
with subpart D of this part, indicating the driver is qualified to
operate an LCV Double.
Sec. 380.205 LCV Triples.
(a) To qualify for the training necessary to operate an LCV Triple,
a driver-student shall, during the 6 months immediately preceding
application for training, have:
(1) A valid Class A CDL with a double/triple trailer endorsement;
(2) Experience operating the vehicle listed under paragraph
(a)(2)(i) or (a)(2)(ii) of this section. Evidence of driving experience
shall be an employer's written statement that the driver has, during
the 6 months immediately preceding application, operated the applicable
vehicle(s):
(i) Group A truck-tractor/semi-trailer combination as described in
Sec. 383.91 of this subchapter; or
(ii) Group A truck-tractor/semi-trailer/trailer combination that
operates at a gross vehicle weight of 80,000 pounds or less;
(3) No more than one driver's license;
(4) No suspension, revocation, or cancellation of his/her CDL;
(5) No convictions for a major offense, as defined in Sec.
383.51(b) of this subchapter, while operating a CMV;
(6) No convictions for a railroad-highway grade crossing offense,
as defined in Sec. 383.51(d) of this subchapter, while operating a
CMV;
(7) No convictions for violating an out-of-service order, as
defined in Sec. 383.51(e) of this subchapter;
(8) No more than one conviction for a serious traffic violation, as
defined in Sec. 383.5 of this subchapter, while operating a CMV; and
(9) No convictions for a violation of State or local law relating
to motor vehicle traffic control arising in connection with any traffic
crash, while operating a CMV.
(b) Driver-students meeting the preliminary requirements in
paragraph (a) of this section shall successfully complete a training
program that meets the minimum unit requirements for LCV Triples as set
forth in the appendix to this part.
(c) Driver-students who successfully complete the Driver Training
Program for LCV Triples shall be issued a certificate, in accordance
with subpart D of this part, indicating the driver is qualified to
operate an LCV Triple.
Subpart C--LCV Driver-Instructor Requirements
Sec. 380.301 General requirements.
There are two types of LCV driver-instructors: Classroom
instructors and Skills instructors. Except as provided in Sec.
380.303, you must meet the conditions under paragraph (a) or paragraph
(b) of this section to qualify as an LCV driver-instructor.
(a) Classroom instructor. To qualify as an LCV Classroom
instructor, a person shall:
(1) Have audited the driver-training course that he/she intends to
instruct.
(2) If employed by a training institution, meet all State
requirements for a vocational instructor.
(b) Skills instructor. To qualify as an LCV skills instructor, a
person shall:
(1) Provide evidence of successful completion of the Driver-
Training Program requirements, as set forth in subpart B of this part,
when requested by employers and/or an authorized FMCSA, State, or local
official in the course of a compliance review. The Driver-Training
Program must be for the operation of CMVs representative of the subject
matter that he/she will teach.
(2) If employed by a training institution, meet all State
requirements for a vocational instructor;
(3) Possess a valid Class A CDL with all endorsements necessary to
operate the CMVs applicable to the subject matter being taught (LCV
Doubles and/or LCV Triples, including any specialized variation
thereof, such as a tank vehicle, that requires an additional
endorsement); and
(4) Have at least 2 years' CMV driving experience in a vehicle
representative of the type of driver training to be provided (LCV
Doubles or LCV Triples).
Sec. 380.303 Substitute for instructor requirements.
(a) Classroom instructor. The requirements specified under Sec.
380.301(a) of this part for a qualified LCV driver-instructor are
waived for a classroom instructor-candidate who has 2 years of recent
satisfactory experience teaching the classroom portion of a program
similar in content to that set forth in the appendix to this part.
(b) Skills instructor. The requirements specified under Sec.
380.301(b) of this part for a qualified LCV driver-instructor are
waived for a skills instructor-candidate who:
(1) Meets the conditions of Sec. 380.111(b);
(2) Has CMV driving experience during the previous 2 years in a
vehicle representative of the type of LCV that is the subject of the
training course to be provided;
(3) Has experience during the previous 2 years in teaching the
operation of the type of LCV that is the subject of the training course
to be provided; and
(4) If employed by a training institution, meets all State
requirements for a vocational instructor.
Sec. 380.305 Employer responsibilities.
(a) No motor carrier shall: (1) Knowingly allow, require, permit or
authorize a driver-instructor in its employ, or under contract to the
motor carrier, to provide LCV driver training unless such person is a
qualified LCV driver-instructor under the requirements of this subpart;
or
(2) Contract with a training institution to provide LCV driver
training unless the institution:
(i) Uses instructors who are qualified LCV driver-instructors under
the requirements of this subpart;
(ii) Is accredited by an accrediting institution recognized by the
U.S. Department of Education;
(iii) Is in compliance with all applicable State training school
requirements; and
(iv) Identifies drivers certified under Sec. 380.401 of this part,
when requested by employers and/or an authorized FMCSA, State, or local
official in the course of a compliance review.
(b) A motor carrier that employs or has under contract qualified
LCV driver-instructors shall provide evidence of the certifications
required by Sec. 380.301 or Sec. 380.303 of this part, when requested
by an authorized FMCSA, State, or local official in the course of a
compliance review.
Subpart D--Driver-Training Certification
Sec. 380.401 Certification document.
(a) A student who successfully completes LCV driver training shall
be
[[Page 16736]]
issued a Driver-Training Certificate that is substantially in
accordance with the following form.
[GRAPHIC] [TIFF OMITTED] TR30MR04.001
(b) An LCV driver must provide a copy of the Driver-Training
Certificate to his/her employer to be filed in the Driver Qualification
File.
Appendix to Part 380--LCV Driver Training Programs, Required Knowledge
and Skills
The following table lists topics of instruction required for
drivers of longer combination vehicles pursuant to 49 CFR part 380,
subpart B. The training courses for operators of LCV Doubles and LCV
Triples must be distinct and tailored to address their unique
operating and handling characteristics. Each course must include the
minimum topics of instruction, including behind-the-wheel training
designed to provide an opportunity to develop the skills outlined
under the Proficiency Development unit of the training program. Only
a skills instructor may administer behind-the-wheel training
involving the operation of an LCV or one of its components. A
classroom instructor may administer only instruction that does not
involve the operation of an LCV or one of its components.
Table to the Appendix--Course Topics for LCV Drivers
------------------------------------------------------------------------
------------------------------------------------------------------------
Section 1: Orientation
------------------------------------------------------------------------
1.1............................. LCVs in Trucking
1.2............................. Regulatory Factors
1.3............................. Driver Qualifications
1.4............................. Vehicle Configuration Factors
---------------------------------
Section 2: Basic Operation
------------------------------------------------------------------------
2.1............................. Coupling and Uncoupling
2.2............................. Basic Control and Handling
2.3............................. Basic Maneuvers
2.4............................. Turning, Steering and Tracking
2.5............................. Proficiency Development
---------------------------------
Section 3: Safe Operating Practices
------------------------------------------------------------------------
3.1............................. Interacting with Traffic
3.2............................. Speed and Space Management
3.3............................. Night Operations
3.4............................. Extreme Driving Conditions
3.5............................. Security Issues
3.6............................. Proficiency Development
---------------------------------
Section 4: Advanced Operations
------------------------------------------------------------------------
4.1............................. Hazard Perception
4.2............................. Hazardous Situations
---------------------------------
4.3............................. Maintenance and Troubleshooting
---------------------------------
Section 5: Non-Driving Activities
------------------------------------------------------------------------
5.1............................. Routes and Trip Planning
5.2............................. Cargo and Weight Considerations
------------------------------------------------------------------------
Section 1--Orientation
The units in this section must provide an orientation to the
training curriculum and must cover the role LCVs play within the
[[Page 16737]]
motor carrier industry, the factors that affect their operations,
and the role that drivers play in the safe operation of LCVs.
Unit 1.1--LCVs in Trucking. This unit must provide an
introduction to the emergence of LCVs in trucking and must serve as
an orientation to the course content. Emphasis must be placed upon
the role the driver plays in transportation.
Unit 1.2--Regulatory factors. This unit must provide instruction
addressing the Federal, State, and local governmental bodies that
propose, enact, and implement the laws, rules, and regulations that
affect the trucking industry. Emphasis must be placed on those
regulatory factors that affect LCVs, including 23 CFR 658.23 and
Appendix C to part 658.
Unit 1.3--Driver qualifications. This unit must provide
classroom instruction addressing the Federal and State laws, rules,
and regulations that define LCV driver qualifications. It also must
include a discussion on medical examinations, drug and alcohol
tests, certification, and basic health and wellness issues. Emphasis
must be placed upon topics essential to physical and mental health
maintenance, including (1) diet, (2) exercise, (3) avoidance of
alcohol and drug abuse, and caution in the use of prescription and
nonprescription drugs, (4) the adverse effects of driver fatigue,
and (5) effective fatigue countermeasures. Driver-trainees who have
successfully completed the Entry-level training segments at Sec.
380.503(a) and (c) are considered to have satisfied the requirements
of Unit 1.3.
Unit 1.4--Vehicle configuration factors. This unit must provide
classroom instruction addressing the key vehicle components used in
the configuration of longer combination vehicles. It also must
familiarize the driver-trainee with various vehicle combinations, as
well as provide instruction about unique characteristics and factors
associated with LCV configurations.
Section 2--Basic Operation
The units in this section must cover the interaction between the
driver and the vehicle. They must teach driver-trainees how to
couple and uncouple LCVs, ensure the vehicles are in proper
operating condition, and control the motion of LCVs under various
road and traffic conditions.
During the driving exercises at off-highway locations required
by this section, the driver-trainee must first familiarize himself/
herself with basic operating characteristics of an LCV. Utilizing an
LCV, students must be able to perform the skills learned in each
unit to a level of proficiency required to permit safe transition to
on-street driving.
Unit 2.1--Coupling and uncoupling. This unit must provide
instruction addressing the procedures for coupling and uncoupling
LCVs. While vehicle coupling and uncoupling procedures are common to
all truck-tractor/semi-trailer operations, some factors are peculiar
to LCVs. Emphasis must be placed upon preplanning and safe operating
procedures.
Unit 2.2--Basic control and handling. This unit must provide an
introduction to basic vehicular control and handling as it applies
to LCVs. This must include instruction addressing brake performance,
handling characteristics and factors affecting LCV stability while
braking, turning, and cornering. Emphasis must be placed upon safe
operating procedures.
Unit 2.3--Basic maneuvers. This unit must provide instruction
addressing the basic vehicular maneuvers that will be encountered by
LCV drivers. This must include instruction relative to backing, lane
positioning and path selection, merging situations, and parking
LCVs. Emphasis must be placed upon safe operating procedures as they
apply to brake performance and directional stability while
accelerating, braking, merging, cornering, turning, and parking.
Unit 2.4--Turning, steering, and tracking. This unit must
provide instruction addressing turning situations, steering
maneuvers, and the tracking of LCV trailers. This must include
instruction related to trailer sway and off-tracking. Emphasis must
be placed on maintaining directional stability.
Unit 2.5--Proficiency development: basic operations. The purpose
of this unit is to enable driver-students to gain the proficiency in
basic operation needed to safely undertake on-street instruction in
the Safe Operations Practices section of the curriculum.
The activities of this unit must consist of driving exercises
that provide practice for the development of basic control skills
and mastery of basic maneuvers. Driver-students practice skills and
maneuvers learned in the Basic Control and Handling; Basic
Maneuvers; and Turning, Steering and Tracking units. A series of
basic exercises is practiced at off-highway locations until students
develop sufficient proficiency for transition to on-street driving.
Once the driver-student's skills have been measured and found
adequate, the driver-student must be allowed to move to on-the-
street driving.
Nearly all activity in this unit will take place on the driving
range or on streets or roads that have low-density traffic
conditions.
Section 3--Safe Operating Practices
The units in this section must cover the interaction between
student drivers, the vehicle, and the traffic environment. They must
teach driver-students 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.
Unit 3.1--Interacting with traffic. This unit must provide
instruction addressing the principles of visual search,
communication, and sharing the road with other traffic. Emphasis
must be placed upon visual search, mirror usage, signaling and/or
positioning the vehicle to communicate, and understanding the
special situations encountered by LCV drivers in various traffic
situations.
Unit 3.2--Speed and space management. This unit must provide
instruction addressing the principles of speed and space management.
Emphasis must be placed upon maintaining safe vehicular speed and
appropriate space surrounding the vehicle under various traffic and
road conditions. Particular attention must be placed upon
understanding the special situations encountered by LCVs in various
traffic situations.
Unit 3.3--Night operations. This unit must provide instruction
addressing the principles of Night Operations. Emphasis must be
placed upon the factors affecting operation of LCVs at night. Night
driving presents specific factors that require special attention on
the part of the driver. Changes in vehicle safety inspection,
vision, communications, speed management, and space management are
needed to deal with the special problems night driving presents.
Unit 3.4--Extreme driving conditions. This unit must provide
instruction addressing the driving of LCVs under extreme driving
conditions. Emphasis must be placed upon the factors affecting the
operation of LCVs in cold, hot, and inclement weather and in the
mountains and desert. Changes in basic driving habits are needed to
deal with the specific problems presented by these extreme driving
conditions.
Unit 3.5--Security issues. This unit must include a discussion
of security requirements imposed by the Department of Homeland
Security, Transportation Security Administration; the U.S.
Department of Transportation, Research and Special Programs
Administration; and any other State or Federal agency with
responsibility for highway or motor carrier security.
Unit 3.6--Proficiency development. This unit must provide
driver-students an opportunity to refine, within the on-street
traffic environment, their vehicle handling skills learned in the
first three sections. Driver-student performance progress must be
closely monitored to determine when the level of proficiency
required for carrying out the basic traffic maneuvers of stopping,
turning, merging, straight driving, curves, lane changing, passing,
driving on hills, driving through traffic restrictions, and parking
has been attained. The driver-student must also be assessed for
regulatory compliance with all traffic laws.
Nearly all activity in this unit will take place on public
roadways in a full range of traffic environments applicable to this
vehicle configuration. This must include urban and rural
uncontrolled roadways, expressways or freeways, under light,
moderate, and heavy traffic conditions. There must be a brief
classroom session to familiarize driver-students with the type of
on-street maneuvers they will perform and how their performance will
be rated.
The instructor must assess the level of skill development of the
driver-student and must increase in difficulty, based upon the level
of skill attained, the types of maneuvers, roadways and traffic
conditions to which the driver-student is exposed.
Section 4--Advanced Operations
The units in this section must introduce higher level skills
that can be acquired only after the more fundamental skills and
knowledge taught in sections two and three have been mastered. They
must teach the perceptual skills necessary to recognize potential
hazards, and must demonstrate the procedures needed to handle an LCV
when faced with a hazard.
[[Page 16738]]
The Maintenance and Trouble-shooting Unit must provide
instruction that addresses how to keep the vehicle in safe and
efficient operating condition. The purpose of this unit is to teach
the correct way to perform simple maintenance tasks, and how to
troubleshoot and report those vehicle discrepancies or deficiencies
that must be repaired by a qualified mechanic.
Unit 4.1--Hazard perception. This unit must provide instruction
addressing the principles of recognizing hazards in sufficient time
to reduce the severity of the hazard and neutralize a possible
emergency situation. While hazards are present in all motor vehicle
traffic operations, some are peculiar to LCV operations. Emphasis
must be placed upon hazard recognition, visual search, and response
to possible emergency-producing situations encountered by LCV
drivers in various traffic situations.
Unit 4.2--Hazardous situations. This unit must address dealing
with specific procedures appropriate for LCV emergencies. These must
include evasive steering, emergency braking, off-road recovery,
brake failures, tire blowouts, rearward amplification, hydroplaning,
skidding, jackknifing and the rollover phenomenon. The discussion
must include a review of unsafe acts and the role they play in
producing hazardous situations.
Unit 4.3--Maintenance and trouble-shooting. This unit must
introduce driver-students to the basic servicing and checking
procedures for the various vehicle components and provide knowledge
of conducting preventive maintenance functions, making simple
emergency repairs, and diagnosing and reporting vehicle
malfunctions.
Section 5--Non-Driving Activities
The units in this section must cover activities that are not
directly related to the vehicle itself but must be performed by an
LCV driver. The units in this section must ensure these activities
are performed in a manner that ensures the safety of the driver,
vehicle, cargo, and other road users.
Unit 5.1--Routes and trip planning. This unit must address the
importance of and requirements for planning routes and trips. This
must include classroom discussion of Federal and State requirements
for a number of topics including permits, vehicle size and weight
limitations, designated highways, local access, the reasonable
access rule, staging areas, and access zones.
Unit 5.2--Cargo and weight considerations. This unit must
address the importance of proper cargo documentation, loading,
securing and unloading cargo, weight distribution, load sequencing
and trailer placement. Emphasis must be placed on the importance of
axle weight distribution, as well as on trailer placement and its
effect on vehicle handling.
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
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2. The authority citation for 49 CFR part 391 is revised to read as
follows:
Authority: 49 U.S.C. 322, 504, 31133, 31136 and 31502; Sec.
4007(b) of Pub. L. 102-240 (105 Stat. 2152); and 49 CFR 1.73.
0
3. Part 391 is amended by revising the title to read as set forth above
and by adding a new Sec. 391.53 to subpart F to read as follows:
Sec. 391.53 LCV Driver-Instructor qualification files.
(a) Each motor carrier must maintain a qualification file for each
LCV driver-instructor it employs or uses. The LCV driver-instructor
qualification file may be combined with his/her personnel file.
(b) The LCV driver-instructor qualification file must include the
information in paragraphs (b)(1) and (b)(2) of this section for a
skills instructor or the information in paragraph (b)(1) of this
section for a classroom instructor, as follows:
(1) Evidence that the instructor has met the requirements of 49 CFR
380.301 or 380.303;
(2) A photographic copy of the individual's currently valid CDL
with the appropriate endorsements.
Issued on: March 22, 2004.
Annette M. Sandberg,
Administrator.
[FR Doc. 04-6794 Filed 3-29-04; 8:45 am]
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