Notice2025-07248
Commercial Learner's Permit (CLP): Connell High School; Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 28, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny Connell High School's (CHS) application for exemption from the commercial learner's permit (CLP) minimum 18-year age requirement. The applicant sought a 5-year exemption to allow students participating in the CHS Commercial Driver's License (CDL) Training Program to obtain a CLP at the age of 17. The program would span two semesters (one full school year) and provide 180 hours of classroom, field, and drive time training. FMCSA analyzed the application and determined there is insufficient information to conclude that the exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 90 Issue 80 (Monday, April 28, 2025)</title>
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[Federal Register Volume 90, Number 80 (Monday, April 28, 2025)]
[Notices]
[Pages 17683-17685]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07248]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0092]
Commercial Learner's Permit (CLP): Connell High School;
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 Connell High School's
(CHS) application for exemption from the commercial learner's permit
(CLP) minimum 18-year age requirement. The applicant sought a 5-year
exemption to allow students participating in the CHS Commercial
Driver's License (CDL) Training Program to obtain a CLP at the age of
17. The program would span two semesters (one full school year) and
provide 180 hours of classroom, field, and drive time training. FMCSA
analyzed the application and determined there is insufficient
information to conclude that the exemption would likely achieve a level
of safety that is equivalent to, or greater than, the level that would
be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, FMCSA Driver,
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-385-2415; <a href="/cdn-cgi/l/email-protection#791b1c0b17181d1c0d0d1c570e1815121c0b391d160d571e160f"><span class="__cf_email__" data-cfemail="36545344585752534242531841575a5d53447652594218515940">[email protected]</span></a>.
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-2024-0092'' 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 docket number ``FMCSA-
2024-0092'' in the keyword box, click ``Search,'' and choose the
document to review.
If you do not have access to the internet, you may view the docket
by visiting Dockets Operations 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
[[Page 17684]]
(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(b) to grant
exemptions from 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 submitted by the applicant. The Agency
must 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, the level that would be
achieved absent such exemption, pursuant to the standard in 49 U.S.C.
31315(b)(1). The Agency must publish its decision in the Federal
Register (49 CFR 381.315(b)). If granted, the notice will identify the
regulatory provision from which the applicant will be exempt, the
effective period, and all terms and conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is denied, the notice will explain the
reason for the denial (49 CFR 381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
III. Background
Current Regulation(s) Requirements
Under 49 CFR 383.5, a CLP is defined as a permit issued by a State
or other jurisdiction of domicile, in accordance with the standards
contained in 49 CFR part 383, which, when carried with a valid driver's
license issued by the same State or jurisdiction, authorizes an
individual to operate a class of a commercial motor vehicle when
accompanied by a holder of a valid CDL for purposes of behind-the-wheel
training. Under 49 CFR 383.25(a)(4), a CLP holder must be 18 years of
age or older.
Applicant's Request
CHS's application for an exemption was described in the Federal
Register published on May 17, 2024 (89 FR 43503), and the description
will not be repeated here as the facts have not changed.
Applicant's Method To Ensure an Equivalent or Greater Level of Safety
CHS believes granting its requested exemption will achieve an
equivalent or greater level of safety as would be obtained by complying
with the regulation. It states that the Washington State Office of
Superintendent of Public Instruction approved the North Franklin School
District's CDL preparatory program, which is also listed on FMCSA's
Training Provider Registry. The program incorporates various safety
requirements, training, and field exercises such as:
<bullet> Requiring students to maintain a clean driving record
throughout the entirety of the CDL course;
<bullet> Training courses from the Washington State Patrol on sex
trafficking, vehicle inspections, and other commercial vehicle
regulations;
<bullet> Use of golf carts and utility trailers to teach backing
techniques; and
<bullet> Commercial vehicle training simulators to enhance the
overall curriculum.
The applicant also cites a study titled ``Commercial Motor Vehicle
Driver Risk Based on Age and Driving Experience,'' by the Virginia Tech
Transportation Institute (VTTI). The applicant asserts that the study
found that driving experience plays a greater role in the safe
operation of a CMV than driver age.
IV. Public Comments
On May 17, 2024, FMCSA published notice of CHS's application and
requested public comments (89 FR 43503). The Agency received comments
from 32 commenters: 15 in support of granting the exemption and 17 in
opposition. All of the supporting comments were from individuals. Of
the comments in support, a majority believed that individuals in the
program would be successful with the proper training. One individual
commented, ``[T]his exemption is only an [ask] for 17-year-olds to be
able to receive their [permit], not their actual CDL Class A License.
Students would [still] have to pass their physical, drug testing, and
written exam for their permit and only those with their permit would be
allowed to drive within a restricted location and under the direct
supervision of a licensed and approved trainer.'' Grant Morris stated,
``[T]his is absolutely necessary. We do not have enough truck drivers
available for harvest in this state. These programs in the schools are
a great way to get kids involved in that industry. [I] fully support
the effort.''
Of the 17 opposing comments, two were from trucking companies. The
majority of commenters who opposed the exemption agreed that the
students were too young and lacked the appropriate experience to
operate a CMV. AWM Associates, LLC, stated, ``I am not convinced that
all 17-year-old students are mature enough to operate a 32,000-pound
CMV in traffic. It appears that Connell High School is in a rural
community, however, the drivers they train will be able to drive
anywhere. The FMCSA doesn't have the personnel to oversee CDL schools
and as a result of that too many CDL schools have no oversight to
review their performance. Granting the waiver would open the flood
gates for other high schools to apply for the same waiver. Connell High
School's application should be denied.'' Food Tree LLC also opposed
granting the exemption, stating, ``You have to be kidding!! These
[kids] have not even learned to drive a car yet. They are truly
irresponsible with cell phones and self-discipline when driving. I'm
tired of every Tom dick and Harry being able to skate through straight
to a CDL or permit. You are putting my family and millions of other
families lives in danger! I don't care what a high school teacher
thinks about [its] students. Common sense is what's needed, not some
gold star beside names on a board. All we true truck drivers, earned
what we have the old school way. [P]aying your dues and proving
yourself to honest law enforcement and CDL school training that would
actually fail you if you did not deserve it.'' Chris Ogden commented in
opposition to the exemption, ``I am not in favor of granting the
school's application. 17-year-olds are simply not mature enough to be
operating a commercial vehicle weighing up to 70,000 pounds.'' Drew
Mueller, also in opposition of granting the exemption, commented,
``This concept is terrible. Young drivers don't have the experience or
judgement to handle big trucks. Just because there is a shortfall of
candidates doesn't mean we change the laws and lower expectations.
Create incentives for mature truck drivers to continue their career
paths and attract new candidates in the same manner.''
V. FMCSA Safety Analysis and Decision
FMCSA has evaluated CHS's application and the public comments and
denies the exemption request. Based on the information provided by the
applicant and commenters, the Agency is unable to determine that the
exemption would achieve a level of safety equivalent to, or greater
than, the level obtained by complying with the regulation. The VTTI
research study CHS cited, entitled ``Commercial Motor Vehicle Driver
Risk Based on Age and Driving Experience'' and dated April 17, 2020,
does not support granting the exemption. While the VTTI study CHS cites
did find that CMV driving experience was more important than age in the
driver group examined, the study
[[Page 17685]]
did not include data on drivers under the age of 21; it thus does not
provide information on the individuals who would be covered by CHS's
requested exemption. In addition, a separate study entitled, Commercial
Driver Safety Risk Factors,\1\ dated June 7, 2020, also conducted by
VTTI, evaluated driver and situational factors affecting CMV safety in
over 21,000 truck drivers and found that younger and less experienced
truck drivers were more likely to be involved in crashes or moving
violations compared to their older and more experienced counterparts.
The study defined the younger driver age group as ages 20-33. Granting
CHS's request for an exemption would allow drivers who are both young
and inexperienced to operate CMVs, and the available data do not
support a determination that such an exemption would likely achieve a
level of safety equivalent to that achieved by following the existing
regulations.
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\1\ Commercial Driver Safety Risk Factors <a href="https://rosap.ntl.bts.gov/view/dot/49620">https://rosap.ntl.bts.gov/view/dot/49620</a>.
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FMCSA confirmed that Maine issues CLPs and CDLs to drivers as young
as 16, pursuant to a provision in the Consolidated Appropriations Act
of 2016,\2\ codified as a note to 49 U.S.C. 31308. The note provides
that FMCSA may not use funds made available under that appropriations
act or future acts to enforce any regulation prohibiting a State from
issuing a CLP to drivers under the age of 18 if the State had a law
authorizing the issuance of CLPs to under-18 drivers as of May 9, 2011.
This note effectively prevents FMCSA from requiring Maine to comply
with the age restriction in 49 CFR 383.25(a)(4), but it does not
support granting CHS's application. CHS did not reference a comparable
Washington law in effect as of May 9, 2011, however, and FMCSA has not
identified one. The statutory flexibility effectively granted under the
Consolidated Appropriations Act of 2016 therefore does not apply to
Washington.
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\2\ Public Law 114-113, div. L, title I, Sec. 132, Dec. 18,
2015, 129 Stat. 2850.
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For the reasons stated, CHS's exemption application is denied.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-07248 Filed 4-25-25; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on April 28, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.