Notice2025-24111
Commercial Driver's License Standards: Application for Exemption; Massachusetts Department of State Police
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
December 31, 2025
Effective
December 31, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant an exemption to the Massachusetts Department of State Police allowing the State to waive specific portions of the commercial driver's license (CDL) skills test for CDL applicants who take the skills test on the island of Martha's Vineyard and issue those drivers a restricted CDL. The Agency grants this exemption because the island of Martha's Vineyard does not have the highway infrastructure to support a demonstration of certain on- road safe driving skills required by the CDL skills test requirements. FMCSA concludes that granting the exemption, subject to the terms and conditions set forth below, is likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved absent the exemption.
Full Text
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<title>Federal Register, Volume 90 Issue 247 (Wednesday, December 31, 2025)</title>
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[Federal Register Volume 90, Number 247 (Wednesday, December 31, 2025)]
[Notices]
[Pages 61498-61499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-24111]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0101]
Commercial Driver's License Standards: Application for Exemption;
Massachusetts Department of State Police
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant an exemption to the
Massachusetts Department of State Police allowing the State to waive
specific portions of the commercial driver's license (CDL) skills test
for CDL applicants who take the skills test on the island of Martha's
Vineyard and issue those drivers a restricted CDL. The Agency grants
this exemption because the island of Martha's Vineyard does not have
the highway infrastructure to support a demonstration of certain on-
road safe driving skills required by the CDL skills test requirements.
FMCSA concludes that granting the exemption, subject to the terms and
conditions set forth below, is likely to achieve a level of safety
equivalent to or greater than the level of safety that would be
achieved absent the exemption.
DATES: The exemption is effective from December 31, 2025 and expires
December 31, 2027.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 771 216-2436; <a href="/cdn-cgi/l/email-protection#27554e444f46554309444b424a424953426743485309404851"><span class="__cf_email__" data-cfemail="9be9f2f8f3fae9ffb5f8f7fef6fef5effedbfff4efb5fcf4ed">[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-2025-0101/document">https://www.regulations.gov/docket/FMCSA-2025-0101/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. 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 (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 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 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 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)).
III. Background
Current Regulatory Requirements
Under 49 CFR 383.113(c)(2) and (4), CDL applicants must
demonstrate, respectively, the ability to signal appropriately when
changing direction in traffic and to choose a safe gap for changing
lanes, passing other vehicles, and crossing or entering traffic. As
prescribed in 49 CFR 383.153(a)(10)(ix), a State has the discretion to
impose
[[Page 61499]]
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
The Massachusetts Department of State Police's application for
exemption was described in detail in a Federal Register notice
published on July 1, 2025 (90 FR 28851) and will not be repeated as the
facts have not changed.
IV. Public Comments
The Agency received five comments, all in support of granting the
exemption. All of the submitted comments emphasized the lack of
infrastructure on Martha's Vineyard. Martha's Vineyard Public Schools
said, ``The Martha's Vineyard community does not have the
infrastructure for applicant drivers to demonstrate the two sets of
lane changes required by the CDL skills test.'' Island Energy, Inc.,
said, ``The island has many rural roads that are narrow with posted low
speed zones. There are no four lane roads anywhere on Martha's Vineyard
but it is a challenging area to operate trucking.''
Some of the commenters mentioned the cost burden of transporting
commercial motor vehicles between Martha's Vineyard and the mainland of
Massachusetts. The Martha's Vineyard Transit Authority (VTA) said,
``The VTA, as well as other public and private operators of CDL
vehicles, would be significantly impacted if we have to travel off
island to complete the CDL test. It would cost manpower as well as tie
up equipment to go off island. The impact of not being able to road
test CDL applicants on Martha's Vineyard is an extremely expensive and
a logistical nightmare.'' Carroll's MVRT commented, ``We have a lot of
interest from individuals wanting to obtain their CDL but are unable to
because of the long commute time, expense and amount of effort.''
V. FMCSA Decision
FMCSA has evaluated the Massachusetts Department of State Police's
application for an exemption and exhibits, and the public comments.
Based on its analysis, FMCSA has determined that granting the exemption
will likely achieve a level of safety equivalent to, or greater than,
the level that would be achieved absent such exemption, and grants the
Massachusetts Department of State Police an exemption to use an
alternative route to administer the part of the CDL skills test that
requires a demonstration of two sets of lane changes for applicants
taking the CDL skills test on Martha's Vineyard. The State of
Massachusetts must issue those drivers restricted CDLs limiting the
drivers to operating a CMV on Martha's Vineyard. Allowing the
Massachusetts Department of State Police to use an alternative route to
administer portions of the safe on-road driving skills test and to
issue restricted CDLs will address the infrastructure barriers while
establishing safeguards to achieve an equivalent level of safety.
VI. Exemption
A. Applicability of Exemption
This exemption is applicable to the Massachusetts Department of
State Police when conducting the CDL skills test on the island of
Martha's Vineyard.
B. Terms and Conditions
The Massachusetts Department of State Police and drivers operating
under this exemption are subject to the following terms and conditions:
1. The Massachusetts Department of State Police may waive only the
following portions of the CDL skills test, as set forth in 49 CFR
383.113(c), that cannot be performed due to infrastructure limitations
on Martha's Vineyard:
a. ability to signal appropriately when changing direction in
traffic (49 CFR 383.113(c)(2)); and
b. ability to choose a safe gap for changing lanes, passing other
vehicles, and for crossing or entering traffic (49 CFR 383.113(c)(4)).
2. The Massachusetts Department of State Police must comply with 49
CFR 383.133(b) and 383.135(a) of the knowledge tests standards for
testing procedures and methods set forth in 49 CFR part 383, subpart H,
and must continue to administer knowledge tests that fulfill the
content requirements of subpart G.
3. Drivers applying for a CDL under this exemption must take the
CDL skills test on the island of Martha's Vineyard.
4. Drivers issued a restricted CDL under this exemption may operate
a CMV only on the island of Martha's Vineyard.
5. The Massachusetts Department of State Police must establish a
new State CDL restriction, ``R--Restriction,'' with the following
description printed on the back of the license ``Restricted to Martha's
Vineyard.'' These restricted CDLs will not be valid for use anywhere
other than on the island of Martha's Vineyard.
6. The drivers must comply with all other applicable Federal Motor
Carrier Safety Regulations (49 CFR part 350-399).
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.
D. Notification to FMCSA
The Massachusetts Department of State Police must provide to FMCSA,
upon request, a list of all drivers issued restricted CDLs under this
exemption.
E. Termination
FMCSA does not believe that drivers covered by this exemption will
experience any deterioration of their safety record. The Agency will,
however, rescind the exemption if: (1) the Massachusetts Department of
State Police or drivers operating under the exemption fail to comply
with the terms and conditions of the exemption; (2) the exemption
results 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 objective of 49 U.S.C. 31136(e) and 31315(b).
Derek Barrs,
Administrator.
[FR Doc. 2025-24111 Filed 12-30-25; 8:45 am]
BILLING CODE 4910-EX-P
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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.