FMCSA Proposes Rule to Close Loopholes in CDL Permit Process

If a proposed regulation by the Federal Motor Carrier Safety Administration (FMCSA) becomes law, illegal immigrants, drivers with bad records and others who may look to capitalize on loopholes in the commercial driver’s license permit regulations will not be getting away with it much longer. FMCSA published a notice of proposed rulemaking earlier this month, April 9, in the Federal Register on that seeks to close up loopholes and address shortcomings in the current process.

The proposed rulemaking is in response to provisions in the current highway funding legislation – commonly called SAFETEA-LU and the SAFE Port Act of 2006. In addition to setting new minimum standards in the permit process, the proposed rulemaking seeks to revise the CDL knowledge and skills testing.

The proposed rulemaking includes a comprehensive updating of the permitting and testing process. Some housekeeping type provisions include things such as mandating the minimum age for applying for the permit at 21 years old and making the permits tamperproof.

FMCSA officials propose that permit holders would have to meet virtually every requirement actual CDL holders have to meet. For example, serious and critical violations that CDL holders face being either sidelined or having their licenses suspended for life would also apply to permit holders.

Right now, inconsistency from state to state in verifying citizenship or legal residency leave the permitting process open to fraud. The proposal sets a list of the accepted documents applicants would have to present to apply for the permit. The proposal acknowledges that the current use of interpreters sets the testing system up for fraud and poses safety risks. The proposed reg seeks to prohibit the use of interpreters in the skills portion of the testing.

The public has until June 9 to file comments on the proposed regulation. The Docket number for the proposed rule is FMCSA-2007-27659.

Fax comments with the Docket ID number to (202) 493-2251

Mail comments with the Docket ID number to:

Docket Management Facility

U.S. Department of Transportation

Room W-12-140, 1200 New Jersey Ave. SE

Washington, DC 20590-0001

BusRide Magazine; April 15, 2008

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