FMCSA allows Covenant’s CLP holders to operate without a CDL holder in passenger seat
The Federal Motor Carrier Safety Administration (FMCSA) approved a request from Covenant Logistics to allow commercial learner’s permit (CLP) holders to operate without a commercial driver’s license (CDL) holder in the front passenger seat under certain circumstances.
In a notice published in the Federal Register on July 30, the FMCSA announced its decision to grant Covenant Transport Inc. and Landair Transport Inc. (companies doing business as Covenant Logistics) an exemption from the requirement for a CLP holder, while operating a commercial motor vehicle (CMV), to be accompanied by a CDL holder with the proper CDL class and endorsements seated in the front seat of the CMV.
Per the exemption, CLP holders who have passed the skills test but not yet received their CDL documents are permitted to drive Covenant Logistics’ CMV without a CDL holder in front seat as long as the CDL holder is present in the vehicle.
When applying for the exemption, Covenant argued that “a CLP holder affected by this exemption will have already completed all the necessary steps to qualify for a CDL.” The company also pointed out that “by granting the exemption, CLP holders who have passed a CDL skills test can begin immediate and productive on-the-job training.”
The FMCSA determined that the rule exemption will “maintain a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.”
The exemption is effective July 30, 2024, through July 30, 2026.
Covenant’s exemption request was opposed by Owner-Operator Independent Driver’s Association (OOIDA), who commented that “the regulations requiring an experienced driver in the front seat with a permit holder were implemented with safety in mind. Because Covenant has not sufficiently demonstrated that this exemption would achieve a level of safety equivalent or greater than the safety level under the current regulations, a waiver should not be granted.”