WASHINGTON, D.C. (April 10, 2008) — Prospective commercial drivers including those seeking the school bus endorsement could be required to obtain a learner’s permit before applying for their CDL, and companies could not hire drivers without the proper documentation, according to a Notice of Proposed Rulemaking issued this week by the Federal Motor Carrier Safety Administration.

The NPRM highlights two new changes that would require a pre-requisite knowledge and skill test, similar to current CDL requirements and based on the American Association of Motor Vehicle Administrator’s Model Test, and a requirement that each applicant be at least 18 years old and hold their commercial license permit (CLP) for at least 30 days for intrastate travel. For interstate travel, the applicant would be at least 21 years old. The CLP would include the same information as a CDL.

States would first be required to ensure the driver is a legal resident of the United States and perform a check of the driver’s previous driving record using both the CDLIS and the Problem Driver Pointer System. Any previous violations would result in a refusal to issue a CLP. For successful applicants, states would be required to create a CDLIS record for each CLP issued. If applicants are refused their CLP, all motor carriers would be prohibited from hiring them as a driver or to allow any employee without a current, valid CLP or CDL to operate any commercial motor vehicle.

For driver’s seeking a CDL with the “S” endorsement, the NPRM would also require them to get the “P” passenger endorsement. The knowledge and skills test requirement would cover loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights, and other warning and passenger safety devices required by state or federal regulations. Drivers would also need to exhibit proficiency in emergency exits and evacuation procedures, understanding state and federal laws related to railroad-highway grade crossing safety and “operating practices and procedures not otherwise specified.”

Also included are also proposed requirements to aid states in detecting and preventing fraudulent CDLs. In addition to verifying legal presence in the country, these include: verification of Social Security numbers; a digital photo of the driver existing at the state’s licensing bureau; enhanced computer system security, background checks, formal training and oversight of all examiners and testers; and prohibiting the use of language interpreters for the knowledge and skills tests. The FMCSA would provide oversight over these anti-fraud measures during CDL compliance reviews of each state program.

The new NPRM, docket number FMCSA-2007-27659, can be found online at www.regulations.gov. The public comment period expires June 9.

In December, proposed rules were published that would require an additional 80 hours of training for entry-level school bus drivers and other new CDL holders who cross state lines. State driver licensing agencies would only issue CDLs if the applicant presented a training certificate from an accredited institution, but the FMCSA estimated a final rule would only affect 119 school bus drivers over the next 10 years. That comment period closed on March 25.