The FMCSA Rule to Prevent Fatal Truck Crashes Caused by Negligently Trained Truckers Will Not Become Law in February 2020
After three decades of discussion, it looked like there would be federal oversight of commercial motor vehicle training in this country, standardizing things for commercial truck and bus drivers driving here in Indiana, Illinois, and elsewhere.
Now, things have changed. It is reported that these new safety regulations will not go into effect for another two years.
The recognized dangers of inadequately trained or improperly trained commercial truck drivers (and commercial bus drivers) will remain for everyone riding alongside these semi-trucks, 18-wheelers, tractor-trailers, and big rigs (along with the big passenger buses) here in Illinois and Indiana.
What is the Federal Entry-Level Driver Training Rule (ELDT)?
In December 2016, a new federal regulation was finalized by the Federal Motor Carrier Safety Administration (FMCSA) pursuant to the Moving Ahead for Progress in the 21st Century Act passed by Congress (“MAP-21”). It was scheduled to appear in the official Code of Federal Regulations (CFR) with an effective date of February 7, 2020, as 49 C.F.R. 380, 383, and 384. It is a safety law.
As described by the FMCSA, this new 2020 “entry-level driver training rule” (ELDT) “… enhances the safety of commercial motor vehicle (CMV) operations on our Nation’s highways by establishing more extensive ELDT requirements.”
How? By changing the requirements for truck drivers (and bus drivers) to get their commercial driver’s license, no matter the state issuing that license. It also requires that these training requirements are provided through members of a federal registry.
The summary explanation explains this rule defines a new federal requirement of both (1) behind-the-wheel and (2) classroom training for anyone having a commercial driver´s license to operate commercial motor vehicles in this country, regardless of the state requirements for their state license. It is being created because of a concern that Commercial Motor Vehicle (CMV) driver training can result in reducing serious and fatal crashes on American roads.
In other words, Illinois truck drivers may not have the exact same requirements as Indiana truckers for a commercial driver’s license, or those truckers from Ohio, California, or Texas, but under the new federal law there will be a federal foundation establishing uniform minimum training requirements.
The Specific Requirements of the Federal ELDT Rule
The new ELDT Rule defines certain training minimums that any new (entry-level) driver needs in order to have either:
(1) a Class A or Class B commercial driver’s license (CDL);
(2) an upgrade of their CDL (e.g., a Class B CDL holder seeking a Class A CDL), or
(3) an H, P, or S endorsement (i.e., hazardous materials (H); passenger (P); or school bus (S)) for their license for the first time.
Moreover, the ELDT Rule also required that training would have to be obtained through those who qualified to be listed on the federal Training Provider Registry (TPR).
The FMCSA Announces “Punting” ELDT Rule to February 2022
Now, the FMCSA is delaying the federal commercial truck driver training rule for another two years. From FMCSA comes this explanation:
“Rather than roll out the entry-level driver training rule in phases, as proposed earlier this year, the Federal Motor Carrier Safety Administration has opted to punt the implementation of the entire rule for two more years.”
In doing so, our roads will remain vulnerable to mistakes and failures of inadequately trained commercial truck drivers and commercial bus drivers. There will be serious and fatal truck crashes and bus accidents within the next two years that might have been prevented if this rule went into effect as originally scheduled.
Safety Concerns over “Punted” ELDT Rule
Again, this rule would require all truckers and commercial bus drivers driving on Indiana and Illinois roadways to have a standard amount of training provided by those who met the criteria for the federal training registry.
Without this standardization, truckers (and bus drivers) operating their huge motor vehicles on our streets, highways, and interstates do so with whatever state requirements were enough to get them a CDL (commercial driver’s license) in their home state.
OOIDA: Safety Concerns
Consider the concerns of the Owner-Operator Independent Drivers Association (OOIDA), voiced in official comments to the agency that include the reality that young truck drivers face a higher likelihood of being in a serious or fatal truck crash, pointing to “numerous studies” that establish age is a “strong risk factor for truck crash involvement.” The younger the trucker, the higher the risk of a truck accident.
The OOIDA is against this two year ELDT delay, arguing that there are too many commercial truck drivers on the roads today without even basic driving knowledge of how to operate their rig. And this is despite the great public safety implications of inadequately-trained truckers on the road, with OOIDA comparing current trucker requirements with the 250 hours of actual flight time required today for commercial pilots. For more, read “FMCSA delays driver training implementation until 2022,” written by Jami Jones and published by Landline on November 26, 2019, which includes an interview with OOIDA President Todd Spencer on the matter.
Fatal Crashes Caused by Inadequate Training of Commercial Truck Drivers
Everyone living and working here in the “Crossroads of America,” recognizes the serious danger of a commercial truck accident because of the high number of semi-trucks, 18-wheelers, big rigs, and tractor-trailers that move through Illinois and Indiana. It is shocking to think that these huge machines are being driven by truckers with CDLs from various states, having various levels of training and experience.
It’s not hard to get a CDL these days. If an individual foregoes a six-weeks or so trucking school course, it may be possible for him to get his state CDL in around one week’s time as long as he can pass the state license agency’s testing (written and road).
Without the new federal rule, inadequately trained and improperly trained truck drivers will be on our roadways. While trucking companies may have legal liability for their employee’s error when a trucker’s mistake results in a serious or fatal crash, its been proven that the trucking industry has not done enough to keep our roads safe from inadequately trained truck drivers.
For more on truck crashes, read:
- Brake Failure: Fatal Truck Crashes Caused by Dangerous Brakes in Semis, Big Rigs, and Other Large Commercial Trucks;
- Marijuana Semi-Truck Crashes: Pot, Cannabis Products, and Commercial Truck Drivers;
- Deadly Truck Crashes and New FMCSA Proposed Rollbacks to Hours of Service (HOS) Rules;
- New Insurance Act Will Increase 40 Year Old Insurance Coverage Minimums in Truck Crashes.
If you or a loved one is involved in a severe or fatal truck crash, it is important to investigate the experience and training of the truck driver(s) involved in the incident to determine if they were allowed on the roads with inadequate training or with improper training on how to operate a commercial vehicle. The state laws of Indiana and Illinois provide avenues for justice in these cases. Please be careful out there!
