The Federal Motor Carrier Safety Administration (FMCSA) is taking a fresh look at how it goes about verifying the competence and safety of new truck drivers. The implementation of standardized competence exams that new carriers must complete before being given operating permission is part of this change. The fact that this proposal, which was first submitted 14 years ago, has been renewed and added on the agenda for 2023 indicates that the regulatory environment for the trucking industry could be shifting.
Advocates for Highway and Auto Safety (Advocates) first submitted the competence test concept in January 2009. This was in reaction to the FMCSA’s 2008 final regulation, which sought to enhance the safety performance of newly established carriers. Advocates claimed that the 1999 law’s provision for a competency test to verify whether newly established motor carriers are capable of adhering to the relevant federal motor carrier safety criteria was not included in the FMCSA’s final rule.
The FMCSA released an Advance Notice of Proposed Rulemaking (ANPRM) in August 2009 in response to the petition. The plan did not, however, go any further at the time. The FMCSA’s other regulatory objectives over the previous ten years, such as changes to the hours-of-service regulations, the requirement of electronic logging devices, and the creation of the Drug and Alcohol Clearinghouse, were blamed for the delay.
As part of a competency test for new carriers, the 2009 ANPRM asked for comments in 11 different categories. The viability of creating the exam, testing procedures, exam administration, associated expenses, predicted effects on new applicants, and how the examinations would improve carrier understanding of rules were among these topics.
The purpose of the proficiency test is to confirm that new carriers are knowledgeable about and adhere to federal safety requirements. The exam is anticipated to improve motor carrier safety and raise carrier awareness of rules. As the agency may need the exam as a requirement for getting new entrant authorization and starting operations, it is also predicted to have effects on new hires.
The American Trucking Associations (ATA) backed the requirement for a competence exam and pushed new carriers to finish safety training prior to being given a DOT number. The competence exam and safety training, in their opinion, will improve the safety and compliance of new entrant carriers.
OOIDA, on the other hand, was against the exam. They countered that a pass/fail exam merely shows that the applicant identified someone who had a sufficient comprehension of the relevant laws to take the test and pass. They contend that passing a competency test does not guarantee the establishment of efficient safety compliance procedures or contribute to the prevention of truck accidents.
The FMCSA’s decision to take the proposed proficiency exam into consideration suggests that the regulatory environment for the trucking sector may be changing. The proficiency exam might have a substantial influence on newly established carriers and the industry’s overall safety performance if it were to be introduced. It is very early in the proposal’s evaluation process, so it is unclear how the industry will react to it or what effect it will ultimately have.
The FMCSA’s consideration of competence tests for new carriers might signal a big change in the way the trucking sector is regulated. Although there have been differing opinions from industry stakeholders, if this plan were to be put into practice, it may improve the safety and compliance of new entrant carriers. It will be important to follow the FMCSA’s development on this proposal and any potential effects it may have on the trucking sector.
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1. What is the FMCSA’s proficiency test proposal for new carriers?
The FMCSA is considering implementing standardized proficiency tests that new carriers must pass before being granted operating authority. This proposal was initially filed by Advocates for Highway and Auto Safety in 2009 and has been revived and placed on the 2023 agenda.
2. What is the purpose of the proposed proficiency exam?
The proficiency exam aims to ensure that new carriers are aware of and comply with federal safety regulations. The exam is expected to increase carrier knowledge of regulations and boost motor carrier safety.