Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators

Please see the attached comments of the American Bus Association.

Filed on regulations.gov — full text not in the inline record.

Filed on regulations.gov — full text not in the inline record.

Filed on regulations.gov — full text not in the inline record.

DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION DOCKET NO. FMCSA – 2007-27748, RIN 2126-AB06 Comments of the American Bus Association on the Notice of Proposed Rulemaking: Minimum Training Requirements For Entry-Level Commercial Motor Vehicle Operators May 21, 2008 The American Bus Association (ABA) appreciates this opportunity to comment on the Federal Motor Carrier Safety Administration's (hereinafter "FMCSA" or "Agency") Notice of Proposed Rulemaking (NPRM) in the above entitled proceeding. The ABA is the premier private bus industry trade association. The ABA is home to some 3500 member companies and organizations and approximately 850 bus operator companies. The bus operator members provide all manner of transportation services to the public including, fixed route scheduled service, charter and tour, airport shuttle and commuter services. ABA and all its member companies are fully committed to safety. This clearly evidenced by the exemplary safety history of the private bus industry. It should also be noted that on numerous past occasions senior FMCSA and Department of Homeland Security officials have commented on and commended the safety record of the bus industry. The industry's safety record was in fact used as justification by the FMCSA to allow bus drivers to retain their existing hours-of-service rules when the Agency imposed new hours-of-service rules on truck drivers. For purposes of responding to this NPRM, the ABA will divide its comments into three sections. First, we will list our organization's objections to the NPRM. Second, we will respond to the specific questions posed by FMCSA in connection with the rule. In part three ABA will conclude these comments with its recommendations to the Agency. I. The FMCSA claims that there is a legitimate safety benefit to be gained by imposing the minimum knowledge and driving skills training proposed by the NPRM on entry level vehicle drivers. In order to bring about this result FMCSA advances this rulemaking that will, among other things, require a minimum number of training hours for entry level CDL drivers and impose a "certified" training curriculum upon driver trainers. In addition, the proposal seems to preclude any motor carrier from hiring as a driver any person it has trained in those duties. Finally, the NPRM would require that all driver training schools and drivers' trainers be "certified" in order to train drivers; and it requires training institutions or motor carrier companies to issue certifications of proficiency for any training. In support of these wide ranging results FMCSA relies on the recommendations and conclusions found in a 1995 study (hereinafter "Adequacy Study" ) mandated by Congress and carried out by the Federal Highway Administration's (FHWA), Office of Motor Carriers. The Office of Motor Carriers is a predecessor department of the FHWA from which the FMCSA was formed. However, the Adequacy Study does not support the NPRM. This is so because the Agency states in the NPRM that "The Adequacy Study took the intuitive position that entry level driver training is beneficial" (emphasis supplied). Thus there is no evidence in the report that supports the imposition of the NPRM mandating entry level driver training. The conclusion is supported by the Agency's own words in the NPRM. The Agency found that the study could find "…no evidence of a relationship between adequacy of the training the driver… and his/her frequency of crashes." A literature review in the Adequacy Study also "failed to identify studies or data indicating a positive correlation between driver training and crash reduction" (2007 Fed. Reg. 73229, emphasis supplied). The obvious conclusion here is that the Agency bases its NPRM on a document which will not support it. What FMCSA is attempting with this NPRM is to correct what it perceives as a problem even as it acknowledges th…