Notice2022-08936
Commercial Driver's License Requirements: Dealers' Choice Truckaway System, Inc. dba Truckmovers; Irontiger Logistics, Inc.; TM Canada, Inc.; Victory Driveaway, Inc., Application for Exemption
Primary source
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Published
April 27, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the exemption request submitted by the following affiliated driveaway motor carriers: Dealers' Choice Truckaway System, Inc. dba Truckmovers; Irontiger Logistics, Inc.; TM Canada, Inc.; and Victory Driveaway, Inc. These driveaway carriers jointly sought an exemption from the requirement that drivers transporting empty passenger vehicles with seating capacities of 16 or more but a gross vehicle weight rating (GVWR) and a gross vehicle weight (GVW) of less than 26,001 pounds possess a commercial drivers' license (CDL) to do so. The applicants explain that they are often called on to transport what they describe as minibuses from points of manufacture or distribution to school districts around the country, and that the requirement that drivers hold a CDL to deliver these empty vehicles is an unnecessary restriction that contributes to the driver shortage. FMCSA analyzed the request and public comments and determined that the application provided no evidence that the exemption would ensure a level of safety equivalent to or greater than that achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
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[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Pages 25078-25079]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08936]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0051]
Commercial Driver's License Requirements: Dealers' Choice
Truckaway System, Inc. dba Truckmovers; Irontiger Logistics, Inc.; TM
Canada, Inc.; Victory Driveaway, Inc., Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the exemption request
submitted by the following affiliated driveaway motor carriers:
Dealers' Choice Truckaway System, Inc. dba Truckmovers; Irontiger
Logistics, Inc.; TM Canada, Inc.; and Victory Driveaway, Inc. These
driveaway carriers jointly sought an exemption from the requirement
that drivers transporting empty passenger vehicles with seating
capacities of 16 or more but a gross vehicle weight rating (GVWR) and a
gross vehicle weight (GVW) of less than 26,001 pounds possess a
commercial drivers' license (CDL) to do so. The applicants explain that
they are often called on to transport what they describe as minibuses
from points of manufacture or distribution to school districts around
the country, and that the requirement that drivers hold a CDL to
deliver these empty vehicles is an unnecessary restriction that
contributes to the driver shortage. FMCSA analyzed the request and
public comments and determined that the application provided no
evidence that the exemption would ensure a level of safety equivalent
to or greater than that achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-2722. Email: <a href="/cdn-cgi/l/email-protection#7f323c2f2c3b3f1b100b51181009"><span class="__cf_email__" data-cfemail="511c1201021511353e257f363e27">[email protected]</span></a>. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2021-0051'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket number
``FMCSA-2021-0051'' in the keyword box, click ``Search,'' and chose the
document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must also provide an opportunity for public comment on the
request.
The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than,
[[Page 25079]]
the level that would be achieved by the current regulation (49 CFR
381.305). The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)) with the reasons for denying or granting
the application and, if granted, the name of the person or class of
persons receiving the exemption, and the regulatory provision from
which the exemption is granted. The notice must also specify the
effective period (up to 5 years) and explain the terms and conditions
of the exemption. The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
The regulations in 49 CFR 383.3 require that every individual
operating a commercial motor vehicle (CMV) in interstate, foreign, or
intrastate commerce hold a valid CDL. Under 49 CFR 383.5, a CMV
includes a motor vehicle or combination of motor vehicles used in
commerce to transport passengers if the motor vehicle is a small
vehicle that does not meet Group A or B requirements but is designed to
transport 16 or more passengers, including the driver.
Applicant's Request
The applicants requested an exemption from the CDL requirements for
a driver operating empty passenger CMVs (``minibuses'') with seating
capacities ranging from 6 to 33, and sometimes more. In all cases,
however, the GVWR and GVW of these vehicles are less than 26,001
pounds. The applicants state that they have experienced challenges
finding CDL drivers and that bus manufacturers may not be able to move
minibuses to distributors and customers.
IV. Method To Ensure an Equivalent or Greater Level of Safety
To ensure an equivalent level of safety, the applicants emphasize
that the drivers would transport empty passenger CMVs with a GVW less
than 26,001 pounds, would remain subject to the driver qualification
standards in 49 CFR part 391, and would hold a valid operators'
license.
V. Public Comments
On July 14, 2021, FMCSA published notice of the application and
requested public comments (86 FR 37207). The Agency received comments
from the Advocates for Highway and Auto Safety (Advocates) and an
individual; both opposed the exemption request. Advocates stated: ``The
current application must be denied as it fails to meet the statutory
requirements for such a petition and the exemptions sought would
significantly degrade public safety. Notably, Petitioners fail to
indicate any alternative solutions they have attempted to implement to
address these issues before filing the current Application. The current
application would result in a needless threat to public safety by
permitting an untold number of CMVs to be transported by individuals
without a valid CDL. This would be a drastic departure from current
established federal regulations. Further, the applicant has failed to
provide FMCSA with the required analysis and supporting information
necessitated by statute and thus, should be denied.'' The individual
commenter stated that the applicant failed to mention the increased
safety issues that come with driving larger and longer vehicles.
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated the joint application and the public comments
and decided to deny the exemption. Driving a CMV requires a higher
level of knowledge, experience, skills, and physical abilities than
that required to drive a non-commercial vehicle. In order to obtain a
CDL, an applicant must pass both skills and knowledge tests geared to
these higher standards. Additionally, CDL holders are held to a higher
standard when operating any type of motor vehicle on public roads.
Serious traffic violations committed by a CDL holder can affect their
ability to maintain their CDL certification. CDL operators must adhere
to a strict and comprehensive set of regulations to keep themselves and
other drivers safe on the road.
As Advocates and the individual commenter indicated, the
application does not meet the statutory requirements for such a
petition, and the requested exemptions sought would significantly
degrade public safety. An exemption from the CDL requirements in part
383 would also automatically exempt the drivers from the drug and
alcohol testing regulations in 49 CFR part 382. The applicants do not
provide countermeasures to be undertaken to ensure that the exemption
would likely achieve a level of safety equivalent to, or greater than,
the level that would be achieved by the current regulations.
Furthermore, the applicants fail to provide the required analysis and
supporting information required by statute for submitting this
application for exemption.
The Agency cannot ensure that the exemption would achieve the
requisite level of safety and therefore must deny the application.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-08936 Filed 4-26-22; 8:45 am]
BILLING CODE 4910-EX-P
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