[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Notices]
[Pages 2477-2482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00733]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0346]
Safe Driver Apprenticeship Pilot Program To Allow Persons Ages
18, 19, and 20 To Operate Commercial Motor Vehicles in Interstate
Commerce
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and establishment of pilot program.
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SUMMARY: On September 10, 2020, FMCSA proposed a pilot program to allow
persons ages 18, 19, and 20 to operate commercial motor vehicles (CMVs)
in interstate commerce. That pilot was never implemented. However, the
Infrastructure Investment and Jobs Act (IIJA), which was signed into
law on November 15, 2021, requires FMCSA to establish a pilot program
that would allow employers to establish an apprenticeship program for
certain 18-, 19-, and 20-year-old drivers to operate commercial
vehicles in interstate commerce. This notice addresses the comments
received on the September 10, 2020, notice and provides the details on
the establishment of the Safe Driver Apprenticeship Pilot Program
required by the IIJA.
FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Commercial Driver's
License Division, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, [email protected],
(202) 366-0831. If you have questions about viewing or submitting
material to the docket, call DOT Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Definitions
For the purposes of the Safe Driver Apprenticeship Pilot Program,
FMCSA is using the following definitions, as prescribed in section
23022 of IIJA:
Apprentice--An individual who is under the age of 21 and holds a
commercial driver's license (CDL).
Commercial driver's license (CDL)--A license issued by a State to
an individual authorizing the individual to operate a class of CMV.
Commercial motor vehicle (CMV)--Any self-propelled or towed motor
vehicle used on a highway in interstate commerce to transport
passengers or property when the vehicle--(1) has a gross vehicle weight
rating or gross combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds) or more,
whichever is greater; or (2) is designed or used to transport more than
8 passengers (including the driver) for compensation; or (3) is
designed or used to transport more than 15 passengers, including the
driver, and is not used to transport passengers for compensation; or
(4) is used in transporting material found by the Secretary of
Transportation (the Secretary) to be hazardous under 49 U.S.C. 5103 and
transported in a quantity requiring placarding under regulations
prescribed by the Secretary under 49 CFR, subtitle B, chapter I,
subchapter C.
Driving time--All time spent at the driving controls of a CMV in
operation.
Experienced driver--An individual who
1. Is not younger than 26 years of age;
2. Has held a commercial driver's license for the 2-year period
ending on the date on which the individual serves as an experienced
driver;
3. During the 2-year period ending on the date on which the
individual serves as an experienced driver, has had no
i. preventable accidents reportable to the Department; or
ii. pointed moving violations; and
4. Has a minimum of 5 years of experience driving a CMV in
interstate commerce.
On-duty time--All time from the time a driver begins to work or is
required to be in readiness to work until the time the driver is
relieved from work and all responsibility for performing work. On-duty
time shall include:
1. All time at a plant, terminal, facility, or other property of a
motor carrier or shipper, or on any public property, waiting to be
dispatched, unless the driver has been relieved from duty by the motor
carrier;
2. All time inspecting, servicing, or conditioning any CMV at any
time;
3. All driving time as defined in the term driving time;
4. All time in or on a CMV, other than:
i. Time spent resting in or on a parked vehicle, except as
otherwise provided in Sec. 397.5;
ii. Time spent resting in a sleeper berth; or
iii. Up to 3 hours riding in the passenger seat of a property-
carrying vehicle moving on the highway immediately before or after a
period of at least 7 consecutive hours in the sleeper berth;
5. All time loading or unloading a CMV, supervising, or assisting
in the loading or unloading, attending a CMV being loaded or unloaded,
remaining in readiness to operate the CMV, or in giving or receiving
receipts for shipments loaded or unloaded;
6. All time repairing, obtaining assistance, or remaining in
attendance upon a disabled CMV;
7. All time spent providing a breath sample or urine specimen,
including travel time to and from the collection site, to comply with
the random, reasonable suspicion, post-crash, or follow-up testing
required by part 382 when directed by a motor carrier;
8. Performing any other work in the capacity, employ, or service
of, a motor carrier; and
9. Performing any compensated work for a person who is not a motor
carrier.
Pointed moving violation--A violation that results in points being
added to the license of a driver, or a similar comparable violation, as
determined by the Secretary.
II. Legal Basis
Subject to limited exceptions for farm vehicle drivers of
articulated CMVs (49 CFR 391.67) and private (non-business) motor
carriers of passengers (49 CFR 391.68), drivers of CMVs engaged in
interstate commerce must be at least 21 years of age, whether or not
operation of the CMV requires a CDL (49 CFR 391.11(b)(1)).
Under 49 U.S.C. 31315 and 31136(e), the Secretary has authority to
grant waivers and exemptions from the Federal Motor Carrier Safety
Regulations (FMCSRs) and to conduct pilot programs in which one or more
exemptions are granted to allow for the testing of innovative
alternatives to certain FMCSRs. FMCSA must publish in the Federal
Register a detailed description of each pilot program, including the
exemptions being considered, and provide notice and an opportunity for
public comment before the effective date of the program. The Agency is
required to ensure that the
[[Page 2478]]
safety measures in the pilot programs are designed to achieve a level
of safety that is equivalent to, or greater than, the level of safety
that would be achieved through compliance with the safety regulations.
The maximum duration of a pilot program is 3 years. The regulatory
standards for pilot programs are codified at 49 CFR part 381, subparts
D and E. At the conclusion of each pilot program, FMCSA must report to
Congress its findings, conclusions, and recommendations, including
suggested amendments to laws and regulations that would enhance motor
carrier, CMV, and driver safety, and improve compliance with the
FMCSRs.
Section 23022 of IIJA requires that the Secretary establish a pilot
program allowing employers to establish apprenticeship programs that
would enable 18-, 19-, and 20-year-old drivers with CDLs to operate a
CMV in interstate commerce. Under this same section, the Secretary must
establish the pilot program not later than 60 days after the date of
enactment of IIJA.
III. Discussion
FMCSA must publish in the Federal Register a detailed description
of each pilot program, including the exemptions being considered, and
provide notice and an opportunity for public comment before the
effective date of the program. On September 10, 2020, FMCSA published a
Federal Register notice proposing the requirements of a younger driver
pilot program, including the exemptions being considered, and provided
the public the opportunity to comment. The exemptions identified in
that notice were relief from the effect of the intrastate only (or
``K'') restriction that would appear on a CDL under 49 CFR
383.153(a)(10)(vii) and an exemption from the requirement that a CMV
driver operating in interstate commerce be at least 21 years of age
under 49 CFR 391.11(b)(1). On November 15, 2021, IIJA, commonly
referred to as the Bipartisan Infrastructure Law (BIL), was signed into
law. Section 23022 of the BIL requires FMCSA to establish a pilot
program that would allow motor carriers to begin an apprenticeship
program as outlined in the BIL. The apprenticeship program must consist
of two probationary periods, one for 120 hours and the other for 280
hours, each of which includes minimum hours of driving time with an
experienced driver and performance benchmarks. In addition, the CMVs to
be operated during the pilot program must be equipped with specific
vehicle safety technologies. Additional requirements can be found later
in this notice.
The pilot program proposed in the September 2020 Federal Register
notice and the apprenticeship pilot program required under section
23022 of the BIL are substantially the same. Both call for two
probationary periods, one for 120 hours and the other for 280 hours,
and specific vehicle safety technologies. Additionally, the exemptions
required for this pilot program are the same as those identified in the
September 2020 notice. Because of the similarity between the pilot
program proposed in September of 2020 and the requirements for the
pilot program mandated by section 23022 of the BIL, FMCSA has
determined that the September 2020 notice, and the comments received
thereon, can satisfy the notice and comment requirement from 49 CFR
381.500(d). FMCSA summarizes the comments received on the September
2020 notice below.
IV. Discussion of Comments
In the September 10, 2020, Federal Register notice, FMCSA outlined
its proposed pilot program and requested comments on any additional
safeguards, the ability to obtain enough drivers, the vehicle
technology requirements, limits to the distance apprentices can
operate, data collection burdens, and limits on driver participation
that FMCSA should consider in developing the pilot program
requirements.
FMCSA received 201 comments to the docket, of which 10 were
duplicate submissions. Of the 191 distinct submissions, 127 commenters
favored the proposal, while 50 opposed it. Twenty members of Congress
submitted a letter to the docket supporting the program. Other
commenters remained neutral, offered conditional support, provided
responses to the questions posed in the notice, or offered other
suggestions. More than 139 individuals and 62 organizations commented.
The organizations that favored the pilot program included the
American Trucking Associations, Commercial Vehicle Training
Association, International Foodservice Distributors Association,
National Association of Chemical Distributors, National Grocer
Association, National Retail Federation, the Port Authority of New York
and New Jersey, and the Truckload Carriers Association. In addition,
numerous private citizens, motor carriers, training schools, State
trucking associations, State Drivers Licensing Agencies, and other
professional trade associations offered full or conditional support for
the initiation of the younger driver pilot program proposed in the
September 2020 Federal Register notice.
Commenters including the American Association of Motor Vehicle
Administrators, Commercial Vehicle Safety Alliance, Insurance Institute
for Highway Safety, and several motor carriers, private citizens, and
other professional trade associations asked for clarification, provided
data, and offered recommendations.
Those opposing the initiation of the younger driver pilot program
included Advocates for Highway and Auto Safety, Citizens for Reliable
and Safe Highways, the National Safety Council, National Transportation
Safety Board, the Owner-Operator Independent Drivers Association,
Parents Against Tired Truckers, and the Truck Safety Coalition. These
opponents focused on safety, noting that younger drivers are more
distracted and have higher rates of crashes, and cited the Centers for
Disease Control and Prevention, which says that teenagers are unable to
correctly analyze dangerous situations.
In addition, opponents also mentioned that the driver age should be
raised to 25 years old and that younger drivers will not be able to
handle differing conditions that exist across the country, such as
weather, terrain, and varying laws.
Public Comments on 2020 Notice
The 2020 Federal Register notice asked several questions related to
the additional safeguards, the ability to obtain enough drivers, the
vehicle technology requirements, limits to the distance apprentices may
operate, data collection burdens, and limits on driver participation.
Additional safeguards. FMCSA asked the public whether it should
consider any additional safeguards to ensure that the pilot program
provides an equivalent level of safety to the regulations without the
age exemption. Most commenters that provided feedback on the question
felt that no additional safeguards would be needed. The commenters that
recommended specific safeguards cited behavior tests, pre-program
Commercial Learner's Permit (CLP) skills test, added training hours,
recording devices, and additional insurance. Section 23022 of the BIL
establishes detailed safeguards that should be included as part of the
pilot program for driver apprentices, some of which were suggested by
commenters (such as recording devices), and as such FMCSA is adopting
these as part of the Safe Driver Apprenticeship Pilot Program.
Control group drivers. FMCSA asked the public if carriers would be
able to obtain enough drivers to serve in the control group. The
commenters that
[[Page 2479]]
provided feedback on the question believed that carriers should be able
to obtain enough drivers for the control group. Some commenters did
mention that small carriers may find it difficult to find control group
drivers. FMCSA has decided to not collect data on a specific control
grop and will instead utilize comparison data on current CMV drivers,
including both intrastate and interstate.
Vehicle technology requirements. FMCSA asked whether the technology
requirements proposed for the pilot program would limit participation
by smaller companies. The majority of commenters that provided feedback
did believe that the technology requirements may limit smaller motor
carriers from participating in the pilot program. One commenter felt
that although the technology requirements may be costly initially, as
technology becomes more available the costs will go down over time.
FMCSA acknowledges that the requirements may limit smaller company
participation, but as they are now required by section 23022 of the
BIL, they must be included. FMCSA will take this fact into
consideration when it analyzes the data and completes its final report
on the pilot.
Distance limits. FMCSA asked whether it should limit the distance
that pilot program participants be allowed to operate. The majority of
commenters that provided feedback on the question did not believe that
the FMCSA should limit the distance a pilot program participant can
operate. One commenter felt that a distance restriction would defeat
the purpose of the pilot and would not allow for a true comparison in
the data for the program. Section 23022 does not include limitations on
the distance an apprentice can travel. FMCSA has determined that it
will not add such limitations to the pilot program for the same reasons
identified by the majority of the commenters.
Data collection efforts. FMCSA asked if the data collection efforts
proposed would be so burdensome for carriers as to discourage their
participation. The commenters that responded to this question were
split on whether the data collection efforts would be burdensome. Some
felt that although the data collection is burdensome, it would be
manageable and that most carriers have basic systems in place that
would help with the data collection. FMCSA is aware of the information
collection burden this pilot program creates (see discussion below),
but determined that the reporting is necessary to inform the final
report on the pilot program.
Participation limits. FMCSA asked whether it should limit
participation to drivers who have not been involved in a preventable
crash. The commenters that responded to this question were split on
this question. Those that felt FMCSA should not limit participation
agreed that the limit would improve the safety of the program but would
skew the data. FMCSA will review the records of proposed apprentice
drivers to ensure they do not present a safety risk as outlined below
in the pilot program requirements section. FMCSA will account for any
resulting skew in the data collected.
V. Pilot Program Requirements and Procedures
Information Collection Approval
On January 7, 2022, and in accordance with the Paperwork Reduction
Act (PRA) of 1995, FMCSA requested the Office of Management and Budget
(OMB) grant emergency clearance for the new information collection
titled, ``Safe Driver Apprenticeship Pilot Program.'' (87 FR 1001).
That notice summarized the expected data collection burdens on
participants in the pilot program. Once emergency approval is granted,
FMCSA will seek OMB approval for the full 3-year period using the usual
PRA approval process, which will allow for both a 60-day and a 30-day
comment period for the public.
Announcement of Safe Driver Apprenticeship Pilot Program
Once implemented, FMCSA will publish, on the Agency's website at
www.fmcsa.dot.gov, an announcement that applications are being accepted
for participation in the pilot program. The website will also provide
links to the application forms and other helpful information for motor
carriers and drivers interested in participating in the pilot program.
Motor Carriers Needed
Section 23022 of BIL requires that no more than 3,000 apprentices
will participate in the Safe Driver Apprenticeship Pilot Program at any
one time. For the purposes of determining paperwork burden estimates,
FMCSA assumed a maximum of 1,000 participating motor carriers that
would hire at least 3,000 apprenticeship pilot program participants.
FMCSA recognizes additional apprentices will be needed to account for
turnover due to drivers choosing to leave the program, drivers not
progressing through the probationary periods, and drivers aging out of
the program. The length of time during which replacement apprentices
will be added will be determined by FMCSA based on the statistical and
administrative needs of the pilot program data collection plan.
The pilot program anticipates the results/data will allow for
conclusions within a confidence level of 0.95 (i.e., significance level
of 0.05) and statistical power of 80 percent.
Motor Carrier Requirements
Motor carriers that would like to participate in the Safe Driver
Apprenticeship Pilot Program must complete an application for
participation (see additional details below) and submit monthly data on
an apprentice's driver activity (e.g., vehicle miles traveled, duty
hours, driving hours, off-duty time, or breaks), safety outcomes (e.g.,
crashes, violations, and safety-critical events), and any additional
supporting information (e.g., onboard monitoring systems or
investigative reports from previous crashes). In addition, carriers
will be required to notify FMCSA within 24 hours of: (1) Any injury or
fatal crash involving an apprentice; (2) an apprentice receiving an
alcohol-related citation in any vehicle (e.g., driving under the
influence or driving while intoxicated); (3) an apprentice choosing to
leave the pilot program; (4) an apprentice leaving the carrier; or (5)
an apprentice failing a random or post-crash drug/alcohol test.
In addition to meeting the the requirements established in section
23022 of BIL for an apprenticeship pilot program, carriers must
register an apprenticeship program with the U.S. Department of Labor
(DOL). While it is not a requirement that carriers become a registered
apprenticeship program prior to applying to FMCSA's pilot program,
FMCSA notes that interested carriers may want to work with DOL while
FMCSA is finalizing its program and before the application period for
FMCSA's pilot program is opened. Additionally, carriers will need to
verify that proposed apprentices meet all other requirements to
participate.
Approved carriers will be publicly announced on the Agency's
website to encourage potential apprentices to apply for employment
directly with the identified carriers. Approved carriers will be able
to assist apprentices (whom they employ) with completion of their
application and participation agreement.
Approved motor carriers must ensure that they hire apprentices that
meet the requirements in the ``Apprentices'' portion of this Federal
Register notice. If at any time while participating in the pilot
program, an apprentice is
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disqualified for a major offense, serious traffic violation, railroad-
highway grade crossing violation, or violation of an out-of-service
order, as outlined in 49 CFR 383.51 of the FMCSRs, the employer must
immediately notify FMCSA and remove the apprentice from the program.
Before an approved motor carrier can allow an apprentice to operate
under the Safe Driver Apprenticeship Pilot Program, FMCSA will review
the driver's safety performance history against its systems and will
issue an exemption for each driver. The exemption allows the driver to
operate in interstate commerce while participating in the pilot program
despite being under 21 and having a ``K'' restriction on their CDL. An
apprentice may not operate in interstate commerce without the exemption
notice.
Each motor carrier accepted into the pilot program must agree to
comply with all pilot program procedures and requirements, including
completing required forms, obtaining driver consent, and attending
information sessions.
Motor Carrier Qualifications
When FMCSA announces the implementation of the Safe Driver
Apprenticeship Pilot Program, interested motor carriers will be
required to complete the application form.
To qualify for participation, the motor carrier must meet the
following standards:
1. Must have proper operating authority, if required, and
registration;
2. Must have at least the minimum levels of financial
responsibility required by the FMCSRs;
3. Must not be a high or moderate risk motor carrier as defined in
the Agency's Federal Register notice titled, ``Notification of Changes
to the Definition of a High Risk Motor Carrier and Associated
Investigation'' published on March 7, 2016 (81 FR 11875);
4. Must not have a conditional or unsatisfactory safety rating;
5. Must not have any open enforcement actions (e.g., Imminent
Hazard, Operations Out-of-Service (OOS) Orders, Patterns of Safety
Violations) in the previous 6 years;
6. Must not have a crash rate above the national average;
7. Must not have a driver OOS rate above the national average; and
8. Must not have a vehicle OOS rate above the national average.
Enforcement actions resulting in civil penalties will be reviewed
on a case-by-case basis. In addition, unpaid civil penalties may be
grounds to deny participation in the pilot program.
Approval for participation in the pilot program will also be
dependent on the motor carrier's agreement to comply with all pilot
program procedures, including the monthly submission of data.
Approved motor carriers will be provided a letter acknowledging
FMCSA's approval, the carrier's acceptance into the pilot program, and
the company's exemption to allow approved apprentices to operate in
interstate commerce. Approved motor carriers will be publicly announced
on the Agency's website to encourage potential apprentices to apply
through the identified carriers for participation.
FMCSA will monitor motor carrier and driver performance throughout
the pilot program to ensure safety. Motor carriers may be disqualified
from the pilot program at any time if the:
1. Carrier does not maintain proper operating authority, if
required, and registration;
2. Carrier does not maintain the required minimum levels of
financial responsibility;
3. Carrier is prioritized as a high risk;
4. Carrier is prioritized as a moderate risk for 2 consecutive
months;
5. Carrier receives a conditional or unsatisfactory safety rating;
6. Carrier is the subject of an open Federal enforcement action
pending review (e.g., Imminent Hazard, Operations OOS Orders, Patterns
of Safety Violations). Enforcement actions resulting in civil penalties
will be reviewed on a case-by-case basis.
7. For the last full calendar year, carrier has a crash rate (per
million vehicle miles traveled) above the national average;
8. Carrier has a driver OOS rate above the national average for 3
consecutive months;
9. Carrier has a vehicle OOS rate above the national average for 3
consecutive months; or
10. Carrier failed to report monthly data as required.
FMCSA reserves the right to remove a carrier from the program at
its discretion if it is determined there is a safety risk.
Establishment of Apprenticeship Program
As required by section 23022 of IIJA and as a condition of
participating in the Safe Driver Apprenticeship Pilot Program, approved
motor carriers must also establish an apprenticeship program. The
apprenticeship program must consist of a 120-hour probationary period
and a 280-hour probationary period for apprentice drivers. Nothing in
this notice prevents an employer from imposing additional requirements
on an apprentice.
120-Hour Probationary Period
During the 120-hour probationary period, the employing motor
carrier must ensure the apprentice:
1. Completes 120 hours of on-duty time, of which not less than 80
hours shall be driving time in a CMV; and
2. Is competent in each of the following areas: Interstate, city
traffic, rural 2-lane, and evening driving; safety awareness; speed and
space management; lane control; mirror scanning; right and left turns;
and logging and complying with rules relating to hours of service.
280-Hour Probationary Period
After the 120-hour probationary period, the motor carrier must
ensure the apprentice completes a 280-hour probationary period. The
employing motor carrier must ensure the apprentice:
1. Completes 280 hours of on-duty time, of which not less than 160
hours shall be driving time in a CMV; and
2. Is competent in each of the following areas: Backing and
maneuvering in close quarters; pre-trip inspections; fueling
procedures; weighing loads, weight distribution, and sliding tandems;
coupling and uncoupling procedures; and trip planning, truck routes,
map reading, navigation, and permits.
CMV Technologies
During both the 120-hour probationary period and the 280-hour
probationary period, the employing motor carrier must ensure the
apprentice only drives a CMV that has an automatic manual or automatic
transmission; an active braking collision mitigation system; a forward-
facing video event capture system; and a governed speed of 65 miles per
hour at the pedal and under adaptive cruise control. In addition, the
apprentice must be accompanied in the passenger seat of the CMV by an
experienced driver. Nothing in the notice prevents an employer from
requiring or installing additional technologies in a CMV.
Records Retention
The employing motor carrier must maintain records relating to the
satisfaction of the performance benchmarks for each apprentice that is
in the Safe Driver Apprenticeship Pilot Program.
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Apprentice Prohibitions
The employing motor carrier must ensure that the apprentice does
not transport passengers or hazardous materials, or operate double- or
triple-trailer combinations or cargo tank vehicles while participating
in the Safe Driver Apprenticeship Pilot Program, regardless of any
license endorsements held.
Reportable Incidents
As outlined in section 23022 of BIL, the employing motor carrier
must ensure that, if an apprentice is involved in a reportable,
preventable crash or receives a pointed moving violation while driving
a CMV, the apprentice will undergo remediation and additional training
until the apprentice can demonstrate, to the satisfaction of the motor
carrier, competence in each of the performance benchmarks. The extent
of remediation and additional training will be left to the discretion
of the employing motor carrier. FMCSA will clarify the standards for
remediation and additional training on its website once the Agency
begins accepting applications for the pilot program.
Registering an Apprenticeship Program With the DOL
Employing motor carriers that are approved to participate in the
Safe Driver Apprenticeship Pilot Program must also register an
apprenticeship program with the DOL, in accordance with the regulations
found at 29 CFR part 29. If an employing motor carrier already has a
registered apprenticeship program with the DOL, the motor carrier must
ensure it meets the requirements for the Safe Driver Apprenticeship
Pilot Program and maintains requirements for DOL's Registered
Apprenticeship Program.
Apprentice Requirements
Drivers of CMVs, as defined in 49 CFR 383.5 and 390.5T, engaged in
interstate commerce, must be at least 21 years of age (Sec.
391.11(b)(1)). An 18-year-old commercial CLP or CDL holder may drive in
intrastate commerce only.
An apprentice that participates in the Safe Driver Apprenticeship
Pilot Program will be provided relief from sections of 49 CFR parts 383
and 391 concerning minimum age requirements. Specifically, FMCSA will
provide relief from the effect of the intrastate only (or ``K'')
restriction that appears on a CDL in accordance with Sec.
383.153(a)(10)(vii) and an exemption from the requirement in Sec.
391.11(b)(1) that a CMV driver operating in interstate commerce be at
least 21 years of age.
An apprentice may drive a CMV in interstate commerce while
participating in the 120-hour probationary period or the 280-hour
probationary period under the Safe Driver Apprenticeship Pilot Program
so long as an experienced driver accompanies them in the passenger seat
of the CMV.
An apprentice may drive a CMV in interstate commerce after the
apprentice completes the 120-hour probationary period and the 280-hour
probationary period; however, the apprentice is still considered to be
participating in the Safe Driver Apprenticeship Pilot Program, and
their safety performance must continue to be monitored by the employing
motor carrier, including monthly safety performance reports filed with
FMCSA, until the driver reaches the age of 21.
An apprentice may not participate in the Safe Driver Apprenticeship
Pilot Program if during the 2-year period immediately preceding the
date of hire, the driver:
1. Had more than one license (except for a military license);
2. Had his or her license suspended, revoked, cancelled or
disqualified for a violation related to 49 CFR 383.51 in any State;
3. Had any conviction for a violation of military, State, or local
law relating to motor vehicle traffic control (other than parking
violation) arising in connection with any traffic crash and have no
record of a crash in which he/she was at fault; or
4. Had been convicted of any violations described below in any type
of motor vehicle:
a. Had been under the influence of alcohol as prescribed by State
law;
b. Had been under the influence of a controlled substance;
c. Had an alcohol concentration of 0.04 or greater while operating
a CMV;
d. Refused to take an alcohol test as required by a State under its
implied consent laws or regulations as defined in 49 CFR 383.72;
e. Left the scene of a crash;
f. Used the vehicle to commit a felony;
g. Drove a CMV while his or her CDL is revoked, suspended,
cancelled; or he or she is disqualified from operating a CMV;
h. Caused a fatality through the negligent operation of a CMV
(including motor vehicle manslaughter, homicide by motor vehicle, or
negligent homicide);
i. Had more than one conviction for any of the violations described
below in any type of motor vehicle;
--Drove recklessly, as defined by State or local law or regulation
(including offenses of driving a motor vehicle in willful or wanton
disregard for the safety of persons or property);
--Drove a CMV without the required CDL;
--Violated a State or local law or ordinance on motor vehicle traffic
control prohibiting texting while driving; or
--Violated a State or local law or ordinance on motor vehicle traffic
control restricting or prohibiting the use of a hand held mobile
telephone while driving.
The apprentice must also agree to the release of specific
information by their employing motor carrier, to FMCSA for purposes of
the pilot program; meet all FMCSR requirements (except age) for
operating a CMV in interstate commerce; operate primarily in interstate
commerce; and, if selected; maintain a good driving record (e.g., free
of any Sec. 383.51 violations).
If at any time while participating in this pilot program, an
apprentice is disqualified for a major offense, serious traffic
violations, railroad-highway grade crossing violation, or violation of
an out-of-service order, as outlined in 49 CFR 383.51 of the FMCSRs, he
or she will be disqualified and removed from the program.
An apprentice may not transport passengers or hazardous materials,
or operate double- or triple-trailer combinations or cargo tank
vehicles while participating in the pilot program, regardless of any
license endorsements held.
If a driver reaches age 21 during the pilot program, the driver
will no longer be considered an apprentice. If an apprentice leaves an
approved motor carrier during the pilot program, he or she is not
approved to operate in interstate commerce unless re-employed with
another approved motor carrier participating in the pilot program. A
new apprentice application must be submitted for any new or additional
hires by the approved motor carrier so that FMCSA can verify
eligibility as part of the Agency's oversight of the pilot program.
Other Requirements and Information
FMCSA will prioritize approval of carriers to participate and
continue based on these carriers' safety performance records over time,
selecting only those with the highest or best relative performance.
Comparison Groups
FMCSA will compare the safety performance data of 18-, 19-, and 20-
year-old intrastate drivers to known safety performance of intrastate
drivers
[[Page 2482]]
and interstate drivers. FMCSA will use existing data from FMCSA systems
to compare current safety and performance of CMV operators to the
safety and performance of apprentices participating in the pilot
program. Additionally, FMCSA will analyze the performance of
apprentices before, during, and after their probationary periods.
Monitoring and Oversight
FMCSA will review both monthly data submitted by approved motor
carriers and its own databases including, but not limited to, the Motor
Carrier Management Information System, Safety Measurement System, CDL
Information System, the Licensing and Insurance system, and the Drug
and Alcohol Clearinghouse. FMCSA reserves the right to remove any motor
carrier or driver from the pilot program for reasons including, but not
limited to, failing to meet any of the requirements of the program.
Length and Termination of Pilot Program
Under 49 CFR part 381, FMCSA can continue the pilot program for up
to 3 years, but may conclude the program sooner if there is sufficient
data to analyze the safety of the pilot program drivers or if there is
reason to believe the program is not achieving an equivalent level of
safety that would be achieved by complying with the regulations.
Additionally, the BIL requires that on the date that is 3 years after
the date of establishment of the pilot program, FMCSA will terminate
the program. At that time, any driver under the age of 21 who has
completed an apprenticeship program may continue to drive a CMV in
interstate commerce until turning 21, unless it is determined a safety
concern exists.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2022-00733 Filed 1-13-22; 8:45 am]
BILLING CODE 4910-EX-P