In an attempt to satisfy requirements of the current MAP-21 highway funding law, the Federal Motor Carrier Safety Administration says it is checking the feasibility of producing a required entry-level driver training rule as a “negotiated rulemaking,” or “reg neg.”
The reg neg would allow stakeholders to participate in the rulemaking process as a means to expedite the creation of the rule. FMCSA says participants could include “driver organizations, driver training organizations, [carriers], industry associations, state licensing agencies, state enforcement agencies, labor unions, safety advocacy groups and insurance companies.”
The agency has hired a convener to talk with interested parties about their ability to participate, it says.
To begin work on a reg neg rule for entry-level driver training, the agency says it needs to determine whether it can form an “appropriate advisory committee…that would fairly represent all affected interests.”
The convener hired by the agency — Richard Parker of the University of Connecticut School of Law — will be tasked with doing that, and he’ll submit a report to the agency on his findings.
The agency says if it does proceed with the reg neg process, it will establish a committee, per federal law, and publish a notice stating it will be taking comment on membership.
FMCSA had a rulemaking in the works until Sept. 2013, when it was pulled from its docket, based on changes required by MAP-21 and feedback from the agency’s Motor Carrier Safety Advisory Committee.
The agency published that proposed rule in 2007, but never issued a final rule after accepting public comment.
That rule would have set standards for classroom training and behind-the-wheel training, and it would have barred states from issue CDLs unless applicants presented a valid certificate from an accredited training institution or program, the agency says.
MAP-21 required the agency to produce the rule by Oct. 1 of last year.
"Until a formal regulation is established with clear guidelines and borders ...