Congress Seeks to Streamline CDL Process

In December 2017, U.S. Reps. Jimmy Duncan (R-TN) and Steve Cohen (D-TN) introduced H.R. 4719, a bill to amend title 49 of the United States Code (USC) to address delays in commercial driver’s license skills testing and retesting, and for other purposes.

The specifics of the legislation include:

• Requires the Secretary of Transportation no later than February 2020 to carry out a program to ensure that states conduct in a timely manner skills test and retests for individuals applying for a commercial driver’s license (CDL).

• Sets forth compliance requirements for states to adhere to. A state shall not be considered in compliance if:
  o For states that prohibit or currently does not utilize CDL schools (public or private) or independent CDL testing facilities, there was a skills test delay (defined as an average of seven days) at three or more CDL skills test locations in the state during:
       -two consecutive calendar quarters in the preceding 12-months; or
       -three calendar quarters in the preceding 18-months.
  o For states that have two or fewer CDL skills test locations, there was a skills test delay at any test location.
  o A state fails to submit reports, as required under this bill.

• Establishes an information system maintained by the DOT to enter information concerning CDL skills locations, to easily track and report on the number of days between certification and skills tests and retests conducted at a CDL skills testing location.

• Requires state reporting to be done on a quarterly basis (beginning February 2020), outlining:

  o the average wait time between certification and skills test;

  o the average wait time beginning on the date an individual fails a CDL skills test and the ending date the individual retakes the test;

  o the actual number of qualified CDL examiners available to test applicants; and

  o the number of testing sites available through the State agency responsible for administering the CDL skills test and whether this number has increased or decreased from the previous year.

• Requires annual reports from the DOT Secretary to States that complies with the average wait times.

• Requires annual report to Congress no later than Feb. 1, 2021 and annually thereafter, the DOT Secretary shall submit a report to Congress, that contains:
  o A summary of the information received from states; and
  o Describes steps taken to address the skills testing delays.

TIA Highway Logistics Conference met about supporting the legislation, and while everyone supports easing the process for qualified drivers to obtain their CDL in a timely manner, the Conference decided to stay neutral, since it doesn’t directly impact the 3PL industry.

If you have any questions or comments, please contact Chris Burroughs at burroughs@tianet.org or 703- 299-5705.