Strasburger Governmental Newsletter - USDOT Proposes Mandatory Training Criteria for Commercial Drivers

The attached noticeshould be of interest to: Community Colleges or Commercial Schools offering Commercial Drivers License training classes, trucking companies, bus companies, any school district using non-government employees as bus drivers, any manufacturer or retailer operating a private commercial motor vehicle fleet or State DOT or DMV.

The Federal Motor Carrier Safety Administration ("FMCSA") has proposed mandatory training rules for commercial motor vehicle operators (bus drivers). Among the rules being proposed is a requirement that any institution offering such training must be certified, as would the instructors. Further, education institutions offering the course would probably have to change their curriculum to meet the new federal standards. The curriculum being proposed would be, for the most party, a formal adoption of the Professional Truck Driver Institute (PTDI) approved curriculum.

The curriculum and certification requirements would apply to carrier run driving schools as well as the public and private schools.

The proposed training requirements would apply to any NEW CDL driver or any CDL driver whose license is suspended at the time the rules take effect. The proposed rules would also impose new requirements on State DOTS or DMVs with respect to the issuing of CDLs and maintaining records of CDLs.

Comments on the NPRM must be filed with FMCSA by March 25, 2008. The proposed effective date would be 3 years after the agency issues a final rule.

If you or any of your clients would like assistance in analyzing the attached NPRM or in the drafting of responsive comments to FMCSA they can contact me at
kenneth.siegel@strasburger.com