Presentation on theme: "CDL Testing and Commercial Learner’s Permit Standards Final Rule"— Presentation transcript:
1 CDL Testing and Commercial Learner’s Permit Standards Final Rule RevisedCDL Testing and Commercial Learner’s Permit StandardsFinal RuleDel Mar College/NAPFTDSRegion 4 ConferenceCorpus Christi, TexasNovember , 20111
2 CDL Testing and Commercial Learner’s Permit Standards RevisedCDL Testing and Commercial Learner’s Permit StandardsWhy Testing and Permit Standards in one rulemaking?They are related issues. Testing is the path to both the CLP and the CDL
3 Rulemaking Summary Effective Date of Final Rule – July 8, 2011 RevisedRulemaking SummaryEffective Date of Final Rule – July 8, 2011Compliance Date – July 8, 2014Addresses 17 major issues:Revised CDL knowledge and skills testing requirementsNew CLP/CDL issuance requirementsOther CLP/CDL regulatory changes
5 1. Strengthen Legal Presence Requirement Revised1. Strengthen Legal Presence RequirementIssue CLP/CDL only to:U.S. CitizenLawful permanent resident of U.S.Issue Non-domiciled CLP/CDL to persons with:Temporary legal presenceIndefinite legal presence, orFrom a State that had its CDL program decertified
7 1. Strengthen Legal Presence Requirement (cont.) Revised1. Strengthen Legal Presence Requirement (cont.)Proof of domicile in StateDocument with name and residential address in StateNo domicile proof for nonresident
8 2. SSN Verification State to verify Name, DOB and SSN Revised2. SSN VerificationState to verify Name, DOB and SSNNo CLP/CDL issuance without verificationElectronic verification (Individual/batch)Exceptions:Only performed on initial CLP issuanceTransfer of CDL1st renewal of CLP/CDL (after effective date of Final Rule if SSN was not verified previously)
9 3. Surrender CLP, CDL or Non-CDL Revised3. Surrender CLP, CDL or Non-CDLCurrently, surrender only required when CDL is replacing out-of-State Non-CDL or CDLApplicant must now surrender/return:Non-CDL/CLP being upgraded to CDLCDL initially issued, upgraded or transferredNo surrender on renewalsReturn of surrendered licenseOnly after physically marking itPunching hole/cutting corner not acceptablePunching “VOID” considered invalidated
10 4. CDL Testing Requirements for Out-Of-State Driver Training Revised4. CDL Testing Requirements for Out-Of-State Driver TrainingCLP holder may take driver training in any StateTake skills test in State of trainingState of training sends skills test to State of domicile – process still to be determined.State of Domicile is required to accept out-of- state skills test scores
11 5. State Reciprocity of CLPs Revised5. State Reciprocity of CLPsCLP only issued by State of DomicileCLP/Nonresident CLP must be recognized for training purposes by all StatesReciprocity is similar to CDL/Nonresident CDL
12 6. Minimum Standards for Issuing CLPs Revised6. Minimum Standards for Issuing CLPsPass Knowledge Test to Obtain CLPCLP – Separate document from CDL/Non-CDLCLP document - Same tamperproof requirements as CDL except photo is prohibited on the CLPRecord CLP in CDLISNot valid without underlying non-CDL/CDLMust be accompanied by valid CDL holder
13 7. Maximum Initial/ Renewal Periods for CLP/CDL Revised7. Maximum Initial/ Renewal Periods for CLP/CDLInitial validity/renewal periods for CLPInitial validity up to 180 daysRenewal for additional 180 days without retesting for knowledgeInitial validity/renewal periods for CDLAverage current period of validity = 5yr.Maximum issuance period is 8 years.
14 Revised8. Minimum Age for CLPCurrently, some States issue CLP’s to applicants under 18 years of ageUniformity needed for CLP reciprocityMinimum age of 18 years oldIntrastate - 18 years and olderInterstate - 21 years and older
15 9. Preconditions to Take Skills Test Revised9. Preconditions to Take Skills TestInitial CLP must be issued for 14 days before taking skills testRationale – Applicant needs behind the wheel training and practice before taking license testSeparate rulemaking on proposed entry level training before skills test. Final rulemaking expected Fall of 2011.
16 10. Limit Endorsements on CLP Revised10. Limit Endorsements on CLPOnly P and S endorsements require skills testOnly P, S (with no-passenger restriction), and Tank (N with empty restriction) endorsements permitted on CLPPassengers prohibited with CLP and P endorsementP endorsement must be class specific on CLP
17 11. Methods of Administering CDL Tests Revised11. Methods of Administering CDL TestsEliminate use of interpreters for knowledge and skills testsApplicant and examiner fraud found in use of interpretersEnglish only for skills tests – bilingual or multilingual examiners may not test in languages other than EnglishNeed immediate response to verbal commands and instructions in English
18 12. Update Federal Knowledge and Skills Test Standards Revised12. Update Federal Knowledge and Skills Test StandardsIncorporates AAMVA 2005 CDL Test System by reference – Final Rule deleted this.Jurisdictions required to use an FMCSA pre-approved 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.
19 12. Update Federal Knowledge/ Skills Test Standards (cont.) Revised12. Update Federal Knowledge/ Skills Test Standards (cont.)Promotes uniformity among StatesPre-trip inspection – Skills testFinal Rule permits banking of skills test scoresEliminate – 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.Requires covert monitoring of State and 3rd party skills examiners
21 Basic Control Skills Forms Must include 1 exercise from each of the 3 categoriesCategory 1Straight Line BackingCategory 2Offset Backing to the LeftOffset Backing to the RightCategory 3Sight Side Parallel ParkingConventional Parallel Parking90 Degree Alley Dock
23 Road Test Required Maneuvers 2005 Test System4 left turns & 4 right turns2 lane change maneuversStraight section of urban business2 through & 2 stop intersectionsRR Crossing1 curve to left, 1 curve to rightSection expressway/limited access highwayRoadside stop/start2 Signs (clearance, weight or traffic)Student dischargeCurrent test4 left turns & 4 right turns1 lane change (done on Urban/Rural road)Straight section Urban/Rural1 through & 2 stop intersectionsRR Crossing1 curveSection expressway/limited access highwayRoadside stop/start (up/downgrade)Sign (clearance, weight or traffic)Up/down grade
24 Road Test - TurnsNew Score SheetCurrent Score Sheet
25 Road Test - Intersections New Score SheetCurrent Score Sheet
31 13. New Standard Endorsement and Restriction Codes Revised13. New Standard Endorsement and Restriction CodesTank endorsement – Aggregate capacity of 1000 or more gallons – min. capacity of 119 gallonsNew/Standard Restrictions“L” Air Brake (5 codes currently being used)“Z” Full air brake (only air over hydraulic)“E” Manual Transmission (only automatic)“O” Tractor-trailer (only pintle-hook)“M” No Class A passenger vehicle“N” No Class A or B passenger vehicle
32 14. Previous Driving Offenses by CLP Applicants and Holders Revised14. Previous Driving Offenses by CLP Applicants and HoldersCLP HolderSubject to same CDL disqualifying offenses in 49 CFR in CMV or non-CMVCLP ApplicantSubject to same requirements as CDL holder
33 15. Motor Carrier Prohibitions Revised15. Motor Carrier ProhibitionsCurrently, motor carrier only prohibited from allowing disqualified driver to operate CMVMotor carrier is now prohibited from allowing drivers to operate CMV with:No CLP or CDLCDL without proper class/endorsements
34 16. Incorporate Regulatory Guidance into Regulatory Text Revised16. Incorporate Regulatory Guidance into Regulatory TextCodify regulatory guidance related to CLP and Testing into regulatory textEliminate CLP and Testing regulatory guidance that is obsolete
35 17. Incorporate CDL Provisions of SAFE Port Act (2006) Revised17. 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 notificationFraud prevention/detection: State out of compliance, if:Fails to impose adequate internal controlsFails to take adequate corrective actionImpose sanctions against State for noncompliance
36 17. Incorporate CDL Provisions of SAFE Port Act (cont.) State and Third Party Examiners:Requires national criminal background checksDecertification of examiners with any conviction for fraudDecertification of examiners with any felony conviction within the past 10 years
37 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 testsRequires 3rd party skills test examiners to successfully complete a formal CDL test examiner training course and examination before certifying them to administer CDL skills tests
38 17. Incorporate CDL Provisions of SAFE Port Act (cont.) Requires State and 3rd party CDL test examiners to successfully complete a refresher training course and examination every 4 yearsThird Party Testers and Examiners:Testers – min. 50 skills tests/year - RemovedExaminers – minimum of 10 skills tests/year or either take refresher training or have a State examiner observe the examiner administering a CDL skills test
41 Questions to PonderWhy 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?