A new report has raised concerns about fairness and fraud regarding the administration of CDL (Commercial Driver’s License) knowledge tests for truck drivers. The report, presented to Congress, outlines the regulators’ reasoning for not making the waiver providing flexibility in test administration permanent.
The Federal Motor Carrier Safety Administration (FMCSA) has informed lawmakers that it is proceeding with plans to establish new testing oversight standards through an upcoming proposed rule. The waiver, initially issued by FMCSA on April 9, 2020, and extended multiple times, allowed certified third-party skills-test instructors to administer CDL knowledge tests without completing the training required for state employees who typically conduct such tests.
The purpose of this flexibility was to address the challenges posed by reduced staffing and closures of state driver’s license agencies during the pandemic. These circumstances were causing delays in new drivers obtaining their commercial learner’s permits and CDLs.
However, lawmakers included a provision in the Ocean Shipping Reform Act of 2022, which tasked FMCSA with reviewing its discretionary waiver authority. The agency was directed to change the regulations to make the testing waiver permanent unless safety concerns were identified.
In light of concerns raised about fairness and fraud, the FMCSA has decided against making the waiver permanent. Instead, the agency is focusing on developing new testing oversight standards through an upcoming proposed rule. This approach aims to address the challenges faced during the pandemic while ensuring the integrity and fairness of CDL knowledge tests for truck drivers.
It also states that examiner training and record-check requirements for state-employed knowledge test examiners should apply to third-party knowledge examiners.
“Should the [waiver] be made permanent now, without additional safeguards, the integrity of the CDL knowledge testing program, and the safety benefit derived from CDL knowledge testing, would be undermined by the absence of state oversight and training and qualification requirements for third party knowledge examiners,” according to FMCSA.
FMCSA has expressed concerns about the potential confusion that would arise from making the CDL knowledge test waiver permanent. According to the agency, this would imply that only certified third-party skills testers can administer third-party knowledge tests, contradicting the updated guidance issued in 2022.
In 2022, new guidance was issued allowing states to utilize third-party examiners for administering knowledge tests, as long as they adhere to the existing standards and requirements. To address this discrepancy and avoid confusion, FMCSA has decided against amending the rules to make the waiver permanent.
Instead, the agency is currently in the process of drafting a rule that will propose minimum regulatory standards and safeguards. These standards will provide guidance to states that choose to allow knowledge testing by third parties. The aim is to establish a consistent framework that ensures the integrity and quality of the CDL knowledge testing process, while also providing flexibility for states to involve third-party entities.
“The proposed standards … will include states’ examiner training and record check requirements, as well as the states’ required oversight and monitoring of third party testers and examiners,” the report states. The standards would apply to all third-party knowledge examiners, including those who are not already certified as third-party skills test examiners.
“The agency intends, however, to propose specific flexibilities for certified third-party skills examiners who administer the CDL knowledge tests” that were included in the waiver, FMCSA added.
