WASHINGTON — Federal regulators are planning this summer to act on a petition filed 14 years ago requiring recent trucking operators to take a standardized proficiency test before being granted operating authority, in line with the Biden administration’s latest regulatory agenda.
The petition, filed by Advocates for Highway and Auto Safety (Advocates) in January 2009, was in response to a final rule issued in 2008 by the Federal Motor Carrier Safety Administration to implement a provision in a 1999 law aimed toward improving the protection performance of new-entrant carriers.
Advocates had argued in its petition that FMCSA’s final rule had failed to determine a proficiency exam — which was included within the 1999 law — “to find out whether recent entrant motor carriers possess the knowledge and capability to comply with applicable federal motor carrier safety requirements and, consequently, conduct secure operations.”
The petition prompted FMCSA to issue an Advance Notice of Proposed Rulemaking (ANPRM) in August 2009, however the proposal never progressed.
In line with the Office of Management and Budget, a Supplemental Advance Notice of Proposed Rulemaking for a Recent Entrant Safety Assurance Process rule is scheduled for August.
“We’re very happy this has moved off the long-term actions list,” Peter Kurdock, Advocates’ general counsel, told FreightWaves.
“Recent carriers have to take a standardized test to be certain that they’re aware of and comply with federal safety regulations. A member of the general public could be astounded that the agency in control of secure truck operations has not put into place measures enacted by Congress to be certain that they’re doing every little thing they’ll to be certain that drivers are compliant with the laws.
“Why they haven’t done this yet is mind-boggling. But hopefully this signals a brand new effort to get this across the finish line.”
FMCSA was not immediately available to comment on why it has taken so long to maneuver forward on its 2009 ANPRM.
The 2009 ANPRM, which presumably shall be used as the idea for the updated proposal, sought feedback in 11 areas as a part of a proficiency exam for brand spanking new carriers:
- Information on the feasibility of building the exam as a component of the Recent Entrant Safety Assurance Process.
- Details about analogous sorts of exams utilized in the motor carrier or other industries that might function models for a brand new entrant proficiency exam.
- Recommendations on testing protocols.
- Recommendations on how the agency should administer the exam for applicants.
- Recommendations on which motor carrier employees the agency should require to take a proficiency exam, and the feasibility of motor carriers retaining those employees through the duration of the Recent Entrant Safety Assurance Program.
- Information on the prices involved to develop, maintain, implement and administer the proficiency exams.
- Information on anticipated impacts on recent entrants if the agency requires the exam as a condition for receiving recent entrant authority and starting operations.
- Information on how the exams would increase carrier knowledge of regulations.
- Information on how any increase in knowledge of regulations led to by the exam itself would boost motor carrier safety.
- Other general comments related to establishing a proficiency exam as a component of the Recent Entrant Safety Assurance Process.
- Information on the actual needs of small entities in establishing an assurance process.
ATA, OOIDA have opposing views in 2009
Comments received by the agency on the 2009 petition included those from the American Trucking Associations, which supported the proficiency test requirement in addition to requiring recent entrants to finish safety training prior to receiving a DOT number.
The Owner-Operator Independent Drivers Association opposed the test, nonetheless, arguing that a pass/fail test “demonstrates only that the applicant found someone with an understanding of the pertinent regulations sufficient to take the test and get a passing rating,” the group told FMCSA.
“A proficiency exam doesn’t reflect practical knowledge of systems that can increase compliance with the regulations, doesn’t be sure that pertinent ‘knowledge’ shall be passed along to all personnel involved with safety matters, doesn’t reveal that effective safety compliance systems shall be established and, most vital, doesn’t in and of itself help prevent truck accidents.”
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