Notice2025-13283
Commercial Driver's License: Application for Exemption; American Public Transportation Association
Primary source
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Published
July 16, 2025
Effective
July 16, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant, in part, and deny in part, the application from the American Public Transportation Association (APTA), on behalf of public transit agencies and their contractor partners. FMCSA grants the application request to allow State Driver Licensing Agencies (SDLAs) the option to waive the "under-the-hood" portion of the pre-trip vehicle inspection skills test requirement for commercial driver's license (CDL) applicants seeking to operate commercial motor vehicles (CMVs) in public transportation. Drivers issued CDLs pursuant to the requested exemption are restricted to intrastate operation of transit buses only. FMCSA denies APTA's application request to allow drivers issued a CDL under this exemption to operate in interstate commerce.
Full Text
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<title>Federal Register, Volume 90 Issue 134 (Wednesday, July 16, 2025)</title>
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[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Notices]
[Pages 32058-32060]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13283]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0293]
Commercial Driver's License: Application for Exemption; American
Public Transportation Association
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant in part, and deny in part,
application for exemption.
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SUMMARY: FMCSA announces its decision to grant, in part, and deny in
part, the application from the American Public Transportation
Association (APTA), on behalf of public transit agencies and their
contractor partners. FMCSA grants the application request to allow
State Driver Licensing Agencies (SDLAs) the option to waive the
``under-the-hood'' portion of the pre-trip vehicle inspection skills
test requirement for commercial driver's license (CDL) applicants
seeking to operate commercial motor vehicles (CMVs) in public
transportation. Drivers issued CDLs pursuant to the requested exemption
are restricted to intrastate operation of transit buses only. FMCSA
denies APTA's application request to allow drivers issued a CDL under
this exemption to operate in interstate commerce.
DATES: The exemption is effective July 16, 2025 and expires July 16,
2027.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2722; <a href="/cdn-cgi/l/email-protection#bdcfd4ded5dccfd993ded1d8d0d8d3c9d8fdd9d2c993dad2cb"><span class="__cf_email__" data-cfemail="21534842494053450f424d444c444f554461454e550f464e57">[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 any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0293/document">https://www.regulations.gov/docket/FMCSA-2024-0293/document</a> and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
under the ``Department Wide System of Records Notices'' at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edit and are searchable by the
name of the submitter.
III. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the Federal Motor Carrier Safety Regulations. 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 the
applicant's safety analysis. The Agency must provide an opportunity for
public comment on the request.
The Agency reviews the application, safety analyses, and public
comments 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
set forth 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)).
IV. Background
Current Regulatory Requirements
Under 49 CFR 383.113(a), CDL applicants must possess basic pre-trip
vehicle inspection skills for the vehicle class that they operate or
expect to operate. Applicants must be able to identify each safety-
related part on the test vehicle and explain what needs to be examined
during a pre-trip vehicle inspection to ensure the safe operation of
the CMV, including the engine compartment.
As prescribed in 49 CFR 383.153(a)(10)(ix), a State may impose
restrictions on a CDL or create its own restrictions using additional
codes for additional restrictions, as long as each such restriction
code is fully explained on the front or back of the CDL document.
Applicant's Request
APTA's application for exemption was described in detail in a
Federal Register notice published on December 26, 2024, (89 FR 105175)
and will not be repeated as the facts have not changed.
V. Public Comments
In response to APTA's application, the Agency received 29 comments;
\1\ the majority of the comments were from transit-related agencies and
associations, such as the Regional Transportation Commission of
Southern Nevada, the New York State Metropolitan Transportation
Authority, and the Central Ohio Transit Authority. Of the 29 comments,
25 were in support of granting the exemption, three were in opposition,
and one comment offered no position either for or against but instead
provided general comments.
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\1\ The docket on <a href="http://Regulation.gov">Regulation.gov</a> lists 30 comments, but one is a
duplicate.
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The three opposing comments were from two individuals and a transit
provider. Bryan Martin commented, ``This would call for a separate
transit/coach CDL or a restriction to a regular Class B CDL. Currently
a bus driver can also drive ANY class B vehicle that they are endorsed
for (air brake, tank, HazMat) as well as their bus/coach, but if you
take away the small segment of the test for under the hood that would
DQ [disqualify] them from traditional commercial trucks.'' Ozark
Regional Transit also opposed granting the exemption and posed the
following question: ``If you make this change to the CDL, what measures
will be in place to prevent a CDL driver to go to another state and
start driving a dump truck without knowing the components of
[[Page 32059]]
under the hood[?]'' Bobby Tyner commented, ``This could be the most
unsafe thing that you could do.''
The 25 commenters in support of granting the exemption were
primarily transit agencies and associations. Some of the common reasons
cited for granting the exemption included: a comparison to the school
bus industry's relief from the ``under-the-hood'' skills test; that the
``under-the-hood'' test is unrelated to the driver's job
responsibilities; and that the ``under-the-hood'' skills test creates
an unnecessary barrier to entry for potential bus operators that
further exacerbates the driver shortage. The Community Transportation
Association of America commented, ``FMCSA has already exempted the
school bus industry from the `under the hood' CDL testing requirements
for many of the same reasons the public transit industry now seeks
relief and we urge a similar exemption for all public transit
operators.'' The Suburban Mobility Authority for Regional
Transportation commented that under current CDL testing requirements,
``public transit workers are compelled to study topics that are not
pertinent to their day-to-day responsibilities.'' Latinos in Transit
commented, ``we see firsthand how the under-the-hood testing
requirement creates unnecessary barriers to entry for potential bus
operators, further exacerbating this shortage.''
The Pennsylvania Department of Transportation (PennDOT) was neither
for nor against granting the exemption and questioned if APTA wanted an
exemption from the original or modernized under-the-hood skills test.
PennDOT stated, ``CDL Modernized test exempts applicants from
mentioning four fluids (oil, transmission fluid, power steering fluid,
and coolant (hydraulic fluid, if applicable)) during their test.''
PennDOT also recommended that FMCSA adopt a single under-the-hood
waiver to prevent confusion between CDL restrictions for school and
transit bus operators. PennDOT agreed with the applicant's claim that
the under-the-hood portion of the test is unnecessary, stating ``Like
school bus operators, public transit bus operators have maintenance
teams for vehicle servicing, making the under-the-hood portion of the
test irrelevant to their job duties. As such, expanding the waiver to
eliminate all under-the-hood testing requirements would be practical.
This would maintain consistency and allow for interstate driving rather
than limiting to intrastate driving only.''
Other commenters, including the American Bus Association and
PennDOT, stated that they favored a two-year exemption term and not a
five-year exemption as requested by APTA.
VI. FMCSA Decision
FMCSA evaluated APTA's application and public comments and grants
the exemption request for a period of two years to permit SDLAs to
waive the ``under-the-hood'' portion of the pre-trip vehicle inspection
skills test requirement for CDL applicants seeking to operate transit
buses in intrastate commerce. FMCSA denies APTA's request to extend the
exemption to interstate commerce.
APTA argues that transit agencies are experiencing similar hiring
and driver retention challenges as the school bus industry, and the
transit industry should receive the same relief granted to the school
bus industry, without the intrastate restriction.\2\ FMCSA agrees that
APTA's request is similar in many respects to the National School
Transportation Association's (NSTA) request, and that similar relief is
warranted. Like school buses, transit buses travel for relatively short
distances and are operated in higher population density areas where
mechanics or other qualified personnel are readily available to provide
roadside assistance in the event of a vehicle malfunction. Unlike with
other CMVs that are often operated for long distances and in remote
areas, the risk of a malfunction to a transit bus in a location where
only the driver is readily available to perform repairs is low.
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\2\ On October 27, 2022, FMCSA granted an exemption that allowed
States to waive the engine compartment portion of the pre-trip
vehicle inspection skills test, set forth in 49 CFR
383.113(a)(1)(i), for CDL applicants seeking the school bus and
passenger endorsements, subject to school bus only and K
restrictions on their CDLs limiting their operation to intrastate
commerce (87 FR 65114). This exemption was renewed on December 2,
2024 (89 FR 95348).
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Under the exemption, CDL applicants must continue to pass all
remaining elements of the pre-trip vehicle inspection components of the
skills test, as set forth in 49 CFR 383.113(a)(1)(ii-ix). This
exemption is optional for SDLAs, and it may be adopted regardless of
which version of the skills test the SDLA administers. All other State
or local bus inspection maintenance standards and CDL requirements
continue to apply.
FMCSA does not believe that extending the relief beyond the relief
granted to the school bus industry, to allow States to issue
unrestricted CDLs under the exemption (i.e. authorizing interstate
operation), would likely achieve an equivalent level of safety. The
same reasoning for why FMCSA allowed only intrastate CDLs for school
bus drivers under the NSTA exemption applies here as well. The
intrastate K restriction required for CDLs issued under the NSTA
exemption mitigates concerns about varying State requirements and
maintains State authority over driver qualifications for school bus
drivers. Allowing interstate operation for drivers issued CDLs under
the NSTA exemption would require States that did not adopt the
exemption to allow school bus drivers who did not pass the full CDL
skills test to operate in their States. In addition, in response to
NSTA's request to renew its exemption, the American Association of
Motor Vehicle Administrators noted that if a driver received a CDL in a
State that adopted the exemption and moved to another jurisdiction that
did not adopt the exemption, the new jurisdiction of record would have
no way to know that the applicant did not pass the full CDL skills
test. FMCSA responded in its decision granting the exemption renewal
that requiring States to include ``school bus only'' and K restrictions
on CDLs issued under the exemption addressed concerns about drivers
moving to a jurisdiction that did not adopt exemption (89 FR 95348,
95351). The reasoning of the NSTA exemption applies here, and FMCSA
sees no grounds for granting APTA's request without a similar
restriction allowing intrastate operations only.
Further, FMCSA believes that the required restrictions--transit bus
only and intrastate only--on CDLs issued under this exemption address
the points raised by the commenters who expressed concern about safety
and confusion over States' differing rules.
A. Applicability of Exemption
This exemption covers States for the period of two years. Under
this exemption, a State may, but is not required to, waive the engine
compartment portion of the pre-trip vehicle inspection skills test, set
forth in 49 CFR 383.113(a)(1)(i), for CDL applicants seeking the P
endorsement and issue them CDLs subject to the K restriction limiting
their operation to intrastate commerce and subject to a transit bus
only restriction. States issuing CDLs pursuant to this exemption are
not subject to the requirement in 49 CFR 383.133(c)(1) that this
portion of the pre-trip vehicle inspection test be administered in
accordance with an FMCSA pre-approved examiner information manual.
FMCSA intends to closely monitor the safety impacts of the relief
granted under this exemption. As necessary, FMCSA may take action to
modify the exemption, including scaling back the
[[Page 32060]]
regulatory relief provided, or to terminate the exemption sooner, if
conditions warrant.
B. Terms and Conditions
States issuing CDLs pursuant to this exemption must abide by the
following terms and conditions:
1. The State Driver Licensing Agency must submit the names and CDL
numbers of drivers who are issued a CDL pursuant to the terms of this
exemption, as authorized by 49 CFR 383.73(h) and 384.225(e)(2), monthly
to <a href="/cdn-cgi/l/email-protection#713c3221223531151e055f161e07"><span class="__cf_email__" data-cfemail="eda0aebdbea9ad898299c38a829b">[email protected]</span></a>.
2. The CDL credential must conform to the requirements of 49 CFR
part 383, subpart J.
3. When issuing a K-restricted CDL with the P endorsement pursuant
to this exemption, States must continue to comply with the applicable
provisions set forth in 49 CFR 383.73.
4. When issuing a K-restricted CDL with the P endorsement pursuant
to this exemption, States must place a transit bus only restriction on
the CDL in accordance with 49 CFR 383.153(a)(10)(ix).
5. States must conduct the remaining pre-trip vehicle inspection
components of the skills test for drivers subject to this exemption, as
set forth in 49 CFR 383.113(a)(1)(ii-ix).
6. This exemption applies only to the intrastate operation by an
operator of a public transportation system of public transit buses
within the State that issues the CDL. Public transit buses are defined
as buses used in ``public transportation,'' as that term is defined in
49 U.S.C. 5302(15). An operator of a public transportation system is
defined as any State, local governmental authority, and any other
operator of a public transportation system, and its contractor
partners, that is subject to the Federal Transit Administration's
safety oversight under 49 CFR part 673.
7. States must continue to comply with 49 CFR 383.133(c)(5),
including that interpreters are prohibited and neither the applicant
nor the examiner may communicate in a language other than English
during the skills test.\3\
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\3\ FMCSA's regulatory guidance provides that a hearing-impaired
driver satisfies the English language requirement if the driver is
capable of reading and writing in the English language (79 FR
59139).
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C. Termination
FMCSA does not believe that drivers issued CDLs under the exemption
will experience any deterioration of safety below the level that would
be achieved without the exemption. The exemption will be rescinded if:
(1) States fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b).
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-13283 Filed 7-15-25; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on July 16, 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.