FMCSA grants exemption allowing carrier’s CLP holders to operate without CDL driver in passenger seat

The Federal Motor Carrier Safety Administration (FMCSA) agreed to a trucking company’s request for regulatory relief from a rule requiring a Commercial Driver’s License (CDL) holder to remain in the passenger seat of a commercial vehicle operated by a Commercial Learner’s Permit (CLP) holder.

FMCSA announced that it will renew an exemption request from trucking company Wilson Logistics that will allow the company’s CLP drivers to operate without a CDL holder in the passenger seat after the CLP holder has passed the CDL skills test.

This is a renewal of a previous exemption granted February 23, 2021.

Wilson Logistics operates a three-week training program which includes a minimum of two weeks driving over-the-road with a CDL instructor who observes and provides feedback from the passenger seat. The CLP holders deliver loads for Wilson Logistics customers as part of the training program while receiving hands-on, one-on-one training from the instructor.

In a Federal Register Notice to be published February 27, FMCSA explains why it granted the exemption request:

“The Agency acknowledges the concerns of commenters regarding the safety risks posed by inexperienced drivers and emphasizes that the exemption renewal applies only to Wilson Logistics drivers who have completed the required entry-level driver training requirements, set forth in 49 CFR part 380, subpart F, and passed the CDL skills test. CLP holders who have passed the CDL skills test have demonstrated their abilities to safely operate the CMV. If these CLP holders had passed the skills test in their home State of domicile, they could immediately obtain their permanent or temporary CDL and begin driving CMVs without any on-board supervision. Drivers who have passed the CDL skills test outside their State of domicile must obtain the physical CDL credential from their State of domicile. The exemption therefore permits these individuals who are employed by Wilson Logistics to work productively as team CMV drivers during the period between passing the CDL skills test and receiving their CDL, without requiring the accompanying CDL holders to be on duty and in the front seat.“

FMCSA addressed public comments that “the exemption allows Wilson Logistics to use trainees for cost-cutting purposes, rather than focusing on training” by putting a 30 day cap on the time that a CLP holder who has passed the skills test may operate without a CDL holder in the passenger seat.

“FMCSA is unaware of any evidence of a degradation of safety attributable to the current exemption for Wilson Logistics drivers. There is no indication of an adverse impact on safety while operating under the terms and conditions specified in the initial exemption or exemption renewal. Furthermore, the Agency has granted the same exemption to other applicants,” the agency concluded.

The exemption is valid for five years.