View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOT/FMCSA RIN: 2126-AB02 Publication ID: Fall 2009 
Title: Commercial Driver's License Testing and Commercial Learner's Permit Standards 
Abstract: This rulemaking would establish revisions to the commercial driver's license knowledge and skills testing standards as required by section 4019 of TEA-21, implement fraud detection and prevention initiatives at the State driver licensing agencies as required by the SAFE Port Act of 2006, and establish new minimum Federal standards for States to issue commercial learner's permits (CLPs), based in part on the requirements of section 4122 of SAFETEA-LU. In addition, to ensuring the applicant has the appropriate knowledge and skills to operate a commercial motor vehicle, this rule would establish the minimum information that must be on the CLP document and the electronic driver´s record. The rule would also establish maximum issuance and renewal periods, establish a minimum age limit, address issues related to a driver´s State of Domicile, and incorporate previous regulatory guidance into the Federal regulations. This rule would also address issues raised in the SAFE Port Act. 
Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 49 CFR 380    49 CFR 383    49 CFR 384    49 CFR 385   
Legal Authority: PL 109-347, sec 703    49 USC 31102    PL 105-178, 112 stat 414 (1998)    PL 99-570, title XII, 100 Stat.3207 (1086)    PL 102-240, sec 4007(a)(1), Stat. 1914, 2151    PL 109-59 (2005), sec 4122    49 USC 31136   
Legal Deadline:
Action Source Description Date
Final  Statutory  Final Rule  04/13/2008 

Overall Description of Deadline: The statutory deadline results from section 703 of the SAFE Port Act (enacted October 13, 2006). The Act requires the Agency to implement certain statutory provisions within 18 months of enactment.

Statement of Need: This proposed rule would create a Federal requirement for a commercial learner's permit (CLP) as a pre-condition for a commercial driver's license (CDL) and make a variety of other changes to enhance the CDL program. This would help to ensure that drivers who operate CMVs are legally licensed to do so and that they do not operate CMVs without having passed the requisite tests.

Summary of the Legal Basis: The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Public Law 99-570, Title XII, 100 Stat. 3207-170; 49 U.S.C. chapter 313); section 4122 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act--A Legacy for Users (SAFETEA-LU) (Public Law 109-59, 119 Stat. 1144, at 1734; 49 U.S.C. 31302, 31308, and 31309); and section 703 of the Security and Accountability For Every Port Act of 2006 (SAFE Port Act) (Public Law 109-347, 120 Stat. 1884, at 1944). It is also based in part on the Motor Carrier Safety Act of 1984 (MCSA) (Public Law 98-554, Title II, 98 Stat. 2832; 49 U.S.C. 31136, and the safety provisions of the Motor Carrier Act of 1935 (MCA) (Chapter 498, 49 Stat. 543, codified at 49 U.S.C. 31502).

Alternatives: There are 17 issues described in this rulemaking document and several alternatives were considered for each.

Anticipated Costs and Benefits: We estimate 10 year costs (discounted at 7 percent) at $65,079,000, total benefits at $231,264,000, and net benefits over 10 years at $166,185,000.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity.

Timetable:
Action Date FR Cite
NPRM  04/09/2008  73 FR 19282   
NPRM Comment Period Extended  06/09/2008  73 FR 32520   
NPRM Comment Period End  06/09/2008    
Second NPRM Comment Period End  07/09/2008    
Final Rule  04/00/2010    
Additional Information: Docket ID FMCSA-2007-27659
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: State 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: Yes 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 2126-AB00 
Agency Contact:
Robert Redmond
Senior Transportation Specialist
Department of Transportation
Federal Motor Carrier Safety Administration
MC-ESS, 1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-5014
Email: robert.redmond@dot.gov