Rule restricting third-party licence tests challenged

WASHINGTON — A last-minute provision added to a recent U.S. federal rule that toughens CDL testing standards is being challenged by a coalition of industry groups.

The rule, which takes effect in the U.S. on July 8, includes a provision that prohibits third parties from administering skills tests to truck driving applicants they have trained.

The industry coalition – made up of the American Trucking Associations, the Commercial Vehicle Training Institute, the National Association of Publicly Funded Truck Driving Schools, the Truckload Carriers Association and the Professional Truck Driver Institute – filed a petition with the FMCSA.

The filing states that the rule will "greatly exacerbate" the driver shortage by limiting entry-level drivers and will impose burdens on states that allow third-party testing.

They also point out that the provision was not included in earlier versions of the rule.

"Had it been included, there would have been a great outcry from both trucking interests, and the entry-level commercial driver training industry," the coalition said, adding that the timing gives those affected only a few weeks to make changes.

The coalition, which supports the larger rule tightening testing standards and creating a new commercial learner’s permit for new entrants, is asking the agency to reconsider this part of the rule only.

The rule also strengthens the standards of proof for legal residence in the U.S.

Although Canadian cross-border haulers usually have to abide by most U.S. rules, they are not affected.

The rulemaking is specific only to U.S. CDL licensing procedures and does affect the MOU between Canada and the U.S. regarding equivalency of respective licensing standards.


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