The Federal Motor Carrier Safety Administration (FMCSA) has submitted a report to Congress outlining its decision to refrain from permanently implementing a waiver that provided flexibility in administering CDL knowledge tests for truck drivers. The waiver, initially issued in April 2020 and extended several times, allowed certified third-party skills-test instructors to administer knowledge tests without undergoing the required training for state employees responsible for such testing.
In its report, the agency expressed unease about the lack of regulatory requirements for states to audit and monitor the operations of third-party knowledge examiners, highlighting the need for oversight to ensure equitable testing practices.
Instead, the FMCSA announced plans to draft a proposed rule that will set forth minimum regulatory standards and safeguards for states opting to allow knowledge testing by third parties. The proposed rule will include examiner training and record check requirements, as well as state-mandated oversight and monitoring of third-party testers and examiners.