ENTRY LEVEL

DRIVER TRAINING

John Seidl

VP of Risk Services

Reliance Partners

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Reliance Partners announced the addition of John Seidl as V.P. of Risk Services. Mr. Seidl is recognized as a leading expert in DOT commercial transportation compliance.

As a former Wisconsin State Motor Carrier Trooper and FMCSA investigator with more than 20 years of experience in risk services, Mr. Seidl is well-versed in the transportation insurance space. He has worked at the Wisconsin State Patrol, FMCSA, FAA, and most recently as an insurance producer and DOT consultant.

“We know John will play a key role in our continued success and growth,” said company President and COO Chad Eichelberger. “His hands-on experience in DOT compliance and fleet risk management are a perfect fit with our growing national client base of large fleets.”

ABOUT YOUR SPEAKER

WHY IS THIS IMPORTANT?

Romero contended he was within the speed limit traveling

southbound on the I-5 before Oso Parkway, but there simply wasn’t

enough space to avoid collision when traffic suddenly stopped

ahead of him. A CHP investigation alleged he was driving 60-70

mph, too fast for conditions, and was inattentive.

WHY IS THIS IMPORTANT?

Jorge Miguel Romero, 38, of Apple Valley, pleaded no

contest to three misdemeanor counts of vehicular

manslaughter for the May 4, 2007 crash that killed

5-year-old Kyle, 4-year-old Emma and 2-year-old Katie

Coble.

DRIVE SAFE!

Safety Culture

IN THE NEWSWerner $40 million judgment centers

on entry-level driver trainingWerner found negligent in fatal 2017 crash, ordered to pay $40.5 million in damages

“The court found Werner, the driver and his trainer to be negligent leading up to the crash.”

“Attorneys for Armijo’s family alleged that Werner’s driver training practices were inadequate and had a “systematic disregard for basic safety policies and training of new drivers.”

“Due to Johnson’s lack of training at Werner as well as inadequate education at Roadmasters, Johnson not only lost control of the 18-wheeler, but was unable to regain control,” the complaint alleges.”

“The jury found Werner, one of its drivers and the driver’s instructor all negligent in a fatal

crash. The driver was on his eighth day of driving since graduating from Werner’s Roadmaster

Drivers School when the crash occurred.”

It was later discovered that Johnson had just received his CDL through Werner’s Roadmaster

Drivers School. Johnson had no experience driving a commercial vehicle before attending the

school.

https://landline.media/werner-40-million-judgment-centers-on-entry-level-driver-training/https://www.overdriveonline.com/werner-found-negligent-in-2017-fatal-crash-ordered-to-pay-40-5-

million-in-damages/

In 1997, the U.S. Department of Transportation released a bulletin stating

merely possessing a CDL does not mean a driver has the knowledge and

skills necessary to drive a truck. In fact, the Owner-Operator Independent

Drivers Association referenced that document in its 2005 lawsuit against

the Federal Motor Carrier Safety Administration regarding minimum

training requirements for entry-level CMV operators.

That 1997 publication tells prospective employers of truckers to be aware

of the following:

• A CDL does not indicate that the holder is a trained or experienced

truck or bus driver.

• A CDL merely indicates that the holder has passed minimal skills and

knowledge tests concerning the type of vehicle he or she proposes to

drive.

USED IN LAWSUIT

https://www.fmcsa.dot.gov/regulations/title49/b/5/3

https://www.govinfo.gov/app/collection/cfr

https://www.federalregister.gov/agencies/federal-motor-carrier-safety-administration

Federal Regulations vs. CVSA OOS Criteria

https://cvsa.ps.membersuite.com/onlinestorefront/BrowseMerchandise.aspx

Subpart E—Entry-Level Driver Training Requirements Before February 7, 2020

380.501 Applicability.380.502 Definitions.380.503 Entry-level driver training requirements.380.505 Proof of training.380.507 Driver responsibilities.380.509 Employer responsibilities.380.511 Employer recordkeeping responsibilities.380.513 Required information on the training certificate.

CURRENTLY IN AFFECT

PART 380 – SPECIAL TRAINING REQUIREMENTS

Applicability

All entry-level drivers who drive in interstate commerce and

are subject to the CDL requirements of part 383 of this

chapter must comply with the rules of this subpart

Entry-level driver is a driver with less than one year of

experience operating a CMV with a CDL in interstate

commerce.

PART 380 – SPECIAL TRAINING REQUIREMENTS

Entry-level driver training must include instruction addressing the following four areas: (a)

• Driver qualification requirements. The Federal rules on medical certification, medical examination procedures, general qualifications, responsibilities, and disqualifications based on various offenses, orders, and loss of driving privileges

• Hours of service of drivers. The limitations on driving hours, the requirement to be off-duty for certain periods of time, record of duty status preparation, and exceptions (part 395 of this subchapter). Fatigue countermeasures as a means to avoid crashes

• Driver wellness. Basic health maintenance including diet and exercise. The importance of avoiding excessive use of alcohol

• Whistleblower protection. The right of an employee to question the safety practices of an employer without the employee's risk of losing a job or being subject to reprisals simply for stating a safety concern.

PART 380 – SPECIAL TRAINING REQUIREMENTS

Required information on the training certificate - must contain the following items

of information:

• Date of certificate issuance

• Name of training provider

• Mailing address of training provider

• Name of driver

• A statement that the driver has completed training in driver qualification

requirements, hours of service of drivers, driver wellness, and whistleblower

protection requirements

• The signature and printed name of the person attesting that the driver has

received the required training

Subpart F—Entry-Level Driver Training Requirements On and After February 7, 2020

380.600 Compliance date for training requirements for entry-level drivers.380.601 Purpose and scope.380.603 Applicability.380.605 Definitions.380.609 General entry-level driver training requirements.

COMING SOON

Subpart G—Registry of Entry-Level Driver Training Providers.380.700 Scope380.703 Requirements for listing on the training provider registry (TPR).380.707 Entry-level training provider requirements.380.709 Facilities.380.711 Equipment.380.713 Instructor requirements.380.715 Assessments.380.717 Training certification.380.719 Requirements for continued listing on the training provider registry (TPR).380.721 Removal from Training Provider380.723 Removal from Training Provider Registry: procedure.380.725 Documentation and record retention.

COMING SOON

Subpart G—Registry of Entry-Level Driver Training Providers.

COMING SOON

APPENDIX A TO PART 380—CLASS A—CDL TRAINING CURRICULUM

APPENDIX B TO PART 380—CLASS B—CDL TRAINING CURRICULUM

APPENDIX C TO PART 380—PASSENGER ENDORSEMENT TRAINING CURRICULUM

APPENDIX D TO PART 380—SCHOOL BUS ENDORSEMENT TRAINING CURRICULUM

APPENDIX E TO PART 380—HAZARDOUS MATERIALS ENDORSEMENT TRAINING CURRICULUM

APPENDIX F TO PART 380—LCV DRIVER TRAINING PROGRAMS, REQUIRED KNOWLEDGE AND SKILLS

]

COMING SOON APPENDIX A TO PART 380—CLASS A—CDL TRAINING CURRICULUM

THEORY INSTRUCTIONSection A1.1 Basic Operation

Unit A1.1.1 Orientation, Unit A1.1.2 Control Systems/Dashboard, Unit A1.1.3 Pre- and Post-Trip Inspections, Unit

A1.1.4 Basic Control, Unit A1.1.5 Shifting/Operating, Unit A1.1.6 Backing and Docking, Unit A1.1.7 Coupling and

Uncoupling

Section A1.2 Safe Operating Procedures

Unit A1.2.1 Visual Search, Unit A1.2.2 Communication, Unit A1.2.3 Distracted Driving, Unit A1.2.4 Speed

Management, Unit A1.2.5 Space Management, Unit A1.2.6 Night Operation, Unit A1.2.7 Extreme Driving Conditions

Section A1.3 Advanced Operating Practices

Unit A1.3.1 Hazard Perception, Unit A1.3.2 Skid Control/Recovery, Unit A1.3.3 Railroad-Highway Grade

Section A1.4 Vehicle Systems and Reporting Malfunctions

Unit A1.4.1 Identification and Diagnosis of Malfunctions, Unit A1.4.2 Roadside Inspections, Unit A1.4.3 Maintenance

Section A1.5 Non-Driving ActivitiesUnit A1.5.1 Handling and Documenting Cargo, Unit A1.5.2 Environmental Compliance Issues, Unit A1.5.3 Hours of Service Requirements, Unit A1.5.4 Fatigue and Wellness Awareness, Unit A1.5.5 Post-Crash Procedures, Unit A1.5.6 External Communications, Unit A1.5.7 Whistleblower/Coercion, Unit A1.5.8 Trip Planning, Unit A1.5.9 Drugs/Alcohol, Unit A1.5.10 Medical Requirements

]

COMING SOON APPENDIX A TO PART 380—CLASS A—CDL TRAINING CURRICULUM

BEHIND-THE-WHEEL—RANGE

Unit A2.1 Vehicle Inspection Pre-Trip/Enroute/Post-Trip, Unit A2.2 Straight Line Backing,

Unit A2.3 Alley Dock Backing (45/90 Degree), Unit A2.4 Off-Set Backing, Unit A2.5

Parallel Parking Blind Side, Unit A2.6 Parallel Parking Sight Side, Unit A2.7 Coupling and

Uncoupling

BEHIND-THE-WHEEL—PUBLIC ROAD

Unit A3.1 Vehicle Controls Including: Left Turn, Right Turns, Lane Changes, Curves at

Highway Speeds, and Entry and Exit on the Interstate or Controlled Access Highway,

Unit A3.2 Shifting/Transmission, Unit A3.3 Communications/Signaling, Unit A3.4 Visual

Search, Unit A3.5 Speed and Space Management, Unit A3.6 Safe Driver Behavior, Unit

A3.7 Hours of Service (HOS) Requirements, Unit A3.8 Hazard Perception, Unit A3.9

Railroad (RR)-Highway Grade Crossing, Unit A3.10 Night Operation, Unit A3.11 Extreme

Driving Conditions, Unit A3.12 Skid Control/Recovery, Jackknifing, and Other

Emergencies

]

ENTRY LEVEL DRIVER TRAINING ADVISORY COMMITTEE

Welcome to the Entry-Level Driver Training Advisory Committee (ELDTAC) of the

U.S. Department of Transportation’s Federal Motor Carrier Safety Administration

(FMCSA). The ELDTAC was established to conduct a negotiated rulemaking on entry-

level driver training for drivers of commercial motor vehicles.

ELDTAC membership is balanced and is composed of twenty-six members appointed

by the FMCSA Administrator for up to one two-year term.

Members are chosen from a field of experts in their respective fields, including driver

organizations, DMV training organizations, motor carriers of property and passengers

and their associations, state licensing agencies, state enforcement agencies, labor

unions, safety advocacy groups, and insurance companies.

For questions concerning ELDTAC or for more information, please e-

mail eldtac@dot.gov.

Are there compliance date delays with any parts of the 2016 entry-level driver

training (ELDT) final rule?

There is a new proposed compliance date of February 7, 2022 for two “key” provisions of

the 2016 entry-level driver training (ELDT) final rule: 1) the requirement that training

providers upload driver-specific training certification information (i.e., proof of completion

of applicable theory and behind-the-wheel (BTW) training) to the Training Provider Registry

(TPR), and 2) the requirement that the State Driver Licensing Agencies (SDLAs) confirm

driver applicants are in compliance with the ELDT requirements prior to their taking a skills

test for a Class A or Class B commercial driver’s license (CDL), or a passenger (P), or

school bus (S) endorsement, or prior to taking the knowledge test to obtain the hazardous

materials (H) endorsement. This two-year extension of the compliance dates for parts of the

rule is necessary to allow the Agency time to complete full functionality for the TPR and to

establish the electronic means by which the ELDT certification information will be

transmitted to the SDLAs. The compliance date extension will also permit the SDLAs time

to make necessary modifications to their information technology (IT) systems that would

allow them to receive ELDT certification information from the TPR.

FAQS

How can an entity become eligible to be listed on the Training Provider Registry (TPR)?]]

To be eligible for listing on the Training Provider Registry (TPR), an entity must meet the

following 49 CFR 380.73 requirements:

• Follow a curriculum that meets the applicable criteria in Appendices A-E of Part

380;

• Utilize facilities meeting §380.709;

• Utilize vehicles meeting §380.711;

• Utilize instructors meeting §380.713 (basically two years or more with a valid

commercial driver’s license (CDL) and applicable endorsements for the training);

• Meet recordkeeping requirements §380.725;

• Be licensed, certified, registered, or authorized to provide training in accordance

with the applicable laws and regulations of any State where in-person training is

conducted.

FAQS

As part of the self-certification process for listing on the Training Provider Registry (TPR), training providers must

attest, under penalties of perjury, that they comply with the Federal requirements – including instructor qualifications

– in order to be eligible for initial and continued listing on the TPR.

FAQS

Are there specific hours of behind-the-wheel (BTW) training mandated for the various

curricula?

Short Answer, No!

Are there specific hours of training mandated for the theory curricula?

Short Answer, No!

Is there a mandatory sequence that the specific theory and behind-the-wheel (BTW)

training must be taken in?

Short Answer, No!

Will the Federal Motor Carrier Safety Administration (FMCSA) provide any training

materials for any of the various entry-level driver training (ELDT) curricula in the

final rule?

Short Answer, No!

SAFETY CULTURE

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QUESTIONS

John SeidlM: 262-672-0986E: john.seidl@reliancepartners.comwww.reliancepartners.com