Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators

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

Before the U.S. DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION Response to Request for Comments Notice of Proposed Rulemaking Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators 72 Fed. Reg. 73226 (Dec. 26, 2007) Docket No. FMCSA-2007-27748 Submitted by: Edison Electric Institute and the Utility Solid Waste Activities Group 701 Pennsylvania Avenue NW Washington DC 20004 May 14, 2008 Introduction Members of the Edison Electric Institute (EEI) and the Utility Solid Waste Activities Group (USWAG) serve nearly 95 percent of the customers of the shareholder- owned segment of the electric utility industry and about 70 percent of all consumers of electricity in the United States. EEI's members generate almost 70 percent of the nation's electricity and own approximately 70 percent of the electric transmission facilities in our nation. USWAG is an informal consortium of approximately 80 utility operating companies, EEI, the National Rural Electric Cooperative Association, the American Public Power Association and the American Gas Association, and is responsible for addressing solid and hazardous waste issues on behalf of the utility industry. EEI and USWAG member-companies operate extensive fleets of vehicles and mobile construction equipment to construct, operate and maintain transmission lines, substations, and overhead and underground distribution lines. They employ thousands of service technicians who operate these vehicles and thus fall under the Federal Motor Carrier Safety Regulations. EEI-member companies currently offer extensive and specialized training in the type of operating conditions and specialized equipment required for electrical linemen to safely perform their jobs. The training is conducted either in-house or in cooperation with third-party providers. Extensive behind the wheel training under a learner's permit is provided. EEI and USWAG applaud FMCSA's effort to improve highway safety. However, we have serious concerns regarding key elements of the proposed rule. Notice of Proposed Rulemaking By this notice of proposed rulemaking (NPRM), FMCSA seeks to revise the standards for mandatory training requirements for entry-level drivers of commercial motor vehicles (CMVs) operating in interstate commerce and to persons upgrading from one class of CDL to another. (72 Fed. Reg. 73226 (Dec. 26, 2007). These requirements would apply to all persons required under 49 C.F.R. § 383.3 to have a CDL, except for: (1) those who intend to operate exclusively in intrastate commerce; (2) those who are excepted from obtaining a CDL under paragraphs (c) and (d) of § 49 C.F.R. 383.3 7; and (3) those who obtain a restricted license under paragraphs (e), (f), and (g) of 49 C.F.R. § 383.3. Required training would vary depending on the class of CDL sought. Drivers covered by this proposed rule (including electrical utility workers) would be required to present to their state driver-licensing agency a valid "Driver Training Certificate" obtained from an accredited institution or program as a condition for applying for a CDL or CDL upgrade. The requirements of the program would become operational 3 years after the effective date of the final rule. The NPRM also includes proposed requirements for the training program, including specific curriculum requirements and instructor qualifications. With respect to curriculum, FMCSA seeks to specify both a minimum number of hours of training and the percentage of a student's time dedicated to behind-the-wheel (BTW) training. The agency proposes two separate curricula; one applicable to Class A CDLs and the second applicable to Class B and C CDLs. The NPRM posits that Class A applicants be required to conduct their BTW training in a "traditional tractor-trailer combination" while the BTW training for Class B would be in a vehicle "representative o…