CDL Testing and Commercial Learners Permit Standards Final

CDL Testing and Commercial Learner’s Permit Standards Final Rule Del Mar College/NAPFTDS Region 4 Conference Corpus Christi, Texas November 10 - 11, 2011

CDL Testing and Commercial Learner’s Permit Standards • Why Testing and Permit Standards in one rulemaking? – They are related issues. Testing is the path to both the CLP and the CDL

Rulemaking Summary • Effective Date of Final Rule – July 8, 2011 • Compliance Date – July 8, 2014 • Addresses 17 major issues: Ø Revised CDL knowledge and skills testing requirements Ø New CLP/CDL issuance requirements Ø Other CLP/CDL regulatory changes

Rulemaking Summary (cont) • Purpose: Ø Enhance highway safety Ø Ensure only qualified drivers operate CMVs (passed knowledge & skills tests, legally present & properly documented)

1. Strengthen Legal Presence Requirement • Issue CLP/CDL only to: Ø U. S. Citizen Ø Lawful permanent resident of U. S. • Issue Non-domiciled CLP/CDL to persons with: Ø Temporary legal presence Ø Indefinite legal presence, or Ø From a State that had its CDL program decertified

1. Strengthen Legal Presence Requirement (cont. ) • Require proof of: a) U. S. Citizenship/Permanent legal presence b) Temporary/Indefinite legal presence • Acceptable documentation a) Table 1 to 383. 71 (HM endorsement) b) Foreign issued passport/U. S. immigration documentation

1. Strengthen Legal Presence Requirement (cont. ) • Proof of domicile in State Ø Document with name and residential address in State Ø No domicile proof for nonresident

2. SSN Verification • • State to verify Name, DOB and SSN No CLP/CDL issuance without verification Electronic verification (Individual/batch) Exceptions: Ø Only performed on initial CLP issuance Ø Transfer of CDL Ø 1 st renewal of CLP/CDL (after effective date of Final Rule if SSN was not verified previously)

3. Surrender CLP, CDL or Non-CDL • Currently, surrender only required when CDL is replacing out-of-State Non-CDL or CDL • Applicant must now surrender/return: Ø Non-CDL/CLP being upgraded to CDL Ø CDL initially issued, upgraded or transferred Ø No surrender on renewals • Return of surrendered license Ø Only after physically marking it Ø Punching hole/cutting corner not acceptable Ø Punching “VOID” considered invalidated

4. CDL Testing Requirements for Out-Of -State Driver Training • CLP holder may take driver training in any State • Take skills test in State of training • State of training sends skills test to State of domicile – process still to be determined. • State of Domicile is required to accept out-ofstate skills test scores

5. State Reciprocity of CLPs • CLP only issued by State of Domicile • CLP/Nonresident CLP must be recognized for training purposes by all States • Reciprocity is similar to CDL/Nonresident CDL

6. Minimum Standards for Issuing CLPs • Pass Knowledge Test to Obtain CLP • CLP – Separate document from CDL/Non-CDL • CLP document - Same tamperproof requirements as CDL except photo is prohibited on the CLP • Record CLP in CDLIS • Not valid without underlying non-CDL/CDL • Must be accompanied by valid CDL holder

7. Maximum Initial/ Renewal Periods for CLP/CDL • Initial validity/renewal periods for CLP Ø Initial validity up to 180 days Ø Renewal for additional 180 days without retesting for knowledge • Initial validity/renewal periods for CDL Ø Average current period of validity = 5 yr. Ø Maximum issuance period is 8 years.

8. Minimum Age for CLP • Currently, some States issue CLP’s to applicants under 18 years of age • Uniformity needed for CLP reciprocity • Minimum age of 18 years old • Intrastate - 18 years and older • Interstate - 21 years and older

9. Preconditions to Take Skills Test • Initial CLP must be issued for 14 days before taking skills test ØRationale – Applicant needs behind the wheel training and practice before taking license test • Separate rulemaking on proposed entry level training before skills test. Final rulemaking expected Fall of 2011.

10. Limit Endorsements on CLP • Only P and S endorsements require skills test • Only P, S (with no-passenger restriction), and Tank (N with empty restriction) endorsements permitted on CLP • Passengers prohibited with CLP and P endorsement • P endorsement must be class specific on CLP

11. Methods of Administering CDL Tests • Eliminate use of interpreters for knowledge and skills tests ØApplicant and examiner fraud found in use of interpreters • English only for skills tests – bilingual or multilingual examiners may not test in languages other than English ØNeed immediate response to verbal commands and instructions in English

12. Update Federal Knowledge and Skills Test Standards • Incorporates AAMVA 2005 CDL Test System by reference – Final Rule deleted this. • Jurisdictions required to use an FMCSA preapproved State Testing System that meets the minimum requirements established by the Final Rule and that is comparable to the AAMVA 2005 CDL Test System (July 2010 version) which FMCSA approved in the Final Rule.

12. Update Federal Knowledge/ Skills Test Standards (cont. ) • Promotes uniformity among States Ø Pre-trip inspection – Skills test Ø Final Rule permits banking of skills test scores Ø Eliminate 383. 77 – Substitute for skills test which was intended only for the initial testing cycle prior to April 1, 1992 – Now applies only to drivers with military CMV experience. Ø Requires covert monitoring of State and 3 rd party skills examiners

CDL Version 2. 0 Score Sheet NEW Score Sheet

Basic Control Skills Forms • Must include 1 exercise from each of the 3 categories • Category 1 – Straight Line Backing • Category 2 – Offset Backing to the Left – Offset Backing to the Right • Category 3 – Sight Side Parallel Parking – Conventional Parallel Parking – 90 Degree Alley Dock

Road Test

Road Test Required Maneuvers • 2005 Test System – 4 left turns & 4 right turns – 2 lane change maneuvers – Straight section of urban business – 2 through & 2 stop intersections – RR Crossing – 1 curve to left, 1 curve to right – Section expressway/limited access highway – Roadside stop/start – 2 Signs (clearance, weight or traffic) – Student discharge • Current test – 4 left turns & 4 right turns – 1 lane change (done on Urban/Rural road) – Straight section Urban/Rural – 1 through & 2 stop intersections – RR Crossing – 1 curve – Section expressway/limited access highway – Roadside stop/start (up/downgrade) – Sign (clearance, weight or traffic) – Up/down grade

Road Test - Turns New Score Sheet Current Score Sheet

Road Test - Intersections New Score Sheet Current Score Sheet

Road Test - Expressway

Road Test – Urban/Rural, Lane Changes Curves

Road Test – Roadside Stop/Start

Road Test – Railroad Crossing, Truck/Bus Sign

Road Test – General Driving Behaviors

13. New Standard Endorsement and Restriction Codes • Tank endorsement – Aggregate capacity of 1000 or more gallons – min. capacity of 119 gallons • New/Standard Restrictions Ø “L” Air Brake (5 codes currently being used) Ø “Z” Full air brake (only air over hydraulic) Ø “E” Manual Transmission (only automatic) Ø “O” Tractor-trailer (only pintle-hook) Ø “M” No Class A passenger vehicle Ø “N” No Class A or B passenger vehicle

14. Previous Driving Offenses by CLP Applicants and Holders • CLP Holder Subject to same CDL disqualifying offenses in 49 CFR 383. 51 in CMV or non-CMV • CLP Applicant Subject to same requirements as CDL holder

15. Motor Carrier Prohibitions • Currently, motor carrier only prohibited from allowing disqualified driver to operate CMV • Motor carrier is now prohibited from allowing drivers to operate CMV with: Ø No CLP or CDL Ø CDL without proper class/endorsements

16. Incorporate Regulatory Guidance into Regulatory Text • Codify regulatory guidance related to CLP and Testing into regulatory text • Eliminate CLP and Testing regulatory guidance that is obsolete

17. Incorporate CDL Provisions of SAFE Port Act (2006) • States must disqualify a CDL holder if the holder has been convicted of fraud related to the CDL application or testing process. • CLP or CDL holder must make appointment to re -test within 30 days of notification • Fraud prevention/detection: State out of compliance, if: Ø Fails to impose adequate internal controls Ø Fails to take adequate corrective action • Impose sanctions against State for noncompliance

17. Incorporate CDL Provisions of SAFE Port Act (cont. ) • State and Third Party Examiners: Ø Requires national criminal background checks Ø Decertification of examiners with any conviction for fraud Ø Decertification of examiners with any felony conviction within the past 10 years

17. Incorporate CDL Provisions of SAFE Port Act (cont. ) • Requires State knowledge and skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL knowledge and skills tests • Requires 3 rd party skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL skills tests

17. Incorporate CDL Provisions of SAFE Port Act (cont. ) • Requires State and 3 rd party CDL test examiners to successfully complete a refresher training course and examination every 4 years • Third Party Testers and Examiners: Ø Testers – min. 50 skills tests/year - Removed Ø Examiners – minimum of 10 skills tests/year or either take refresher training or have a State examiner observe the examiner administering a CDL skills test

Contact Information Kevin Lewis Director, Driver Programs 703 -908 -2823 klewis@aamva. org Karen Morton Director, Driver Licensing 703 -908 -8268 kmorton@aamva. org

Questions?

Questions to Ponder • Why don’t you ever see the headline “Psychic Wins Lottery”? • Why is “abbreviated” such a long word? • Why is lemon juice made with artificial flavor and dishwashing liquid made with real lemons? • Why isn’t there mouse-flavored cat food?