Changes to Federal Law Can Impact Fleet Exposures

November 19, 2021

Commercial fleets and the U.S. trucking industry will experience notable changes in 2022, brought forth by enhancements to training regulations and adjustments to age restrictions for drivers.

Commercial Driver’s License Age Revisions
A bill recently approved by United States Congress lowers the age of drivers with a commercial driver’s license (CDL) permitted to operate commercial vehicles across state lines. The provision, included in the infrastructure bill signed by President Biden on November 15, 2021, lowers the age for interstate drivers from 21 to 18. This concept began as part of the DRIVE Safe Act bills introduced in Congress in 2019 and reintroduced each year since.

Included with this change is a provision for a pilot program with up to 3,000 participants ages 18-20. The participants’ driving performance will be monitored for three years in order to identify whether lowering the interstate travel age with a CDL is effective. According to U.S. Secretary of Transportation Pete Buttigieg, the purpose of the pilot is “to study the feasibility, benefits, and safety impacts of allowing a driver under the age of 21 to operate a commercial motor vehicle in interstate commerce.”

Throughout the pilot program, The Federal Motor Carrier Safety Administration (FMCSA) will collect and analyze data related to crashes and behaviors of participating drivers. Within one year following completion of the pilot program, Secretary Buttigieg will provide information to Congress describing the findings and recommendations of a working group established to suggest changes in the CDL age parameters.

This is a limited pilot with specific parameters and will not be open to all drivers. Eighteen-year-olds participating in the pilot must complete two probationary periods: a 120-hour probation and a 280-hour probationary period under an apprenticeship program set up by their employer. Drivers who are 19 or 20 years old may complete the same probationary periods or become eligible if they have held a CDL and have driven within their state for at least one year and 25,000 miles.

Learn more about current CDL age requirements by state.

Training Requirements for Commercial Driver’s Licenses (CDLs)
Set to take effect in February of 2022, FMCSA’s new Entry-Level Driver Training (ELDT) regulations will impact training requirements for commercial driver’s licenses (CDL). The ELDT requirements will establish a training baseline for new drivers that are:

  • Seeking a first-time Class A CDL license (to operate vehicles with a gross vehicle weight rating [GVWR] of 26,001 or more pounds) or Class B CDL license (to operate vehicles with a GVWR greater than 26,000 pounds)               
  • Upgrading an existing Class B CDL license to Class A CDL license
  • Obtaining a first-time school bus (S), passenger (P) or hazardous materials (H) endorsement

The ELDT regulations are not retroactive; therefore, entry-level driver training requirements do not apply to individuals holding a valid CDL or an S, P, or H endorsement issued prior to February 7, 2022. This change could significantly impact any large commercial fleets that are hiring drivers without CDLs whom they intend on licensing. The new regulations will also require the ELDT training to be completed by a trainer listed on a Trainer Provider Registry. Learn more about the training curriculum at fmcas.gov

Impact of New Requirements on Businesses
In most U.S. states, drivers could previously receive a CDL at age 18 but could not travel over state lines. This restriction included hauling a load intrastate that is meant to continue over state lines. For example, it was prohibited to haul a truck load from Lexington, Kentucky, to Louisville, Kentucky, that is intended for Indianapolis, Indiana, as it is considered an interstate load.

The age provision means we may see many younger drivers added to commercial truck drivers lists. Because of this shift, now is a critical time for businesses with commercial fleets to reinforce the concept of negligent entrustment and establish Motor Vehicle Record programs, provide training materials, discuss and implement driver monitoring systems, and consider cellphone blocking technology.

Regulations Remaining the Same
Some commercial driving requirements will remain the same after the new regulations take effect, including:

  • Hazardous materials endorsements for drivers 21 years and older
  • Employers must follow state and federal laws on driver acceptability and eligibility

Please contact your local Amerisure risk management consultant for additional information.

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