Last year, FMCSA issued the waiver as part of its response to the COVID-19 pandemic, allowing third-party examiners to administer the CDL knowledge tests without completing the usual state-employed examiner training requirements.

However, FMCSA made it clear that creating minimum regulatory standards for states opting to allow third-party testing is essential and it is currently working on a notice of proposed rulemaking.

“The agency’s primary safety concern with making the (waiver) permanent without additional safeguards is the lack of regulatory requirements for states to audit and monitor the operations of third-party knowledge examiners to ensure that third parties administer the knowledge tests equitably and without fraud,” FMCSA wrote in the report.

In addition, the agency said the waiver was approved based on the “temporary nature and “limited scope of the regulator relief granted in response to the unique circumstances” the pandemic presented.

“Making the (CDL test examiner waiver) provisions permanent is another matter entirely and calls for consideration of a comprehensive regulatory framework applicable to the states’ discretionary use of third-party knowledge examiners, subject to public notice and comment,” FMCSA wrote.

The agency has confirmed that it will address the safety concerns surrounding states’ examiner training and third-party testers and examiners in its notice of proposed rulemaking. This will include the necessary requirements for record checks, oversight, and monitoring.

Despite the FMCSA’s efforts, however, a new bill has been introduced in both the House and Senate that aims to make the waiver a permanent fixture. The House Transportation and Infrastructure Committee has already approved the LICENSE Act via a voice vote, and it will now move forward to be voted on by the full House.

Source: Land Line

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