Will FMCSA Add an Eighth Carrier to Learner’s Permit Exemptions?
The Federal Motor Carrier Safety Administration granted Landair Transport a five-year exemption on Sept. 1, despite opposition from most commenters who responded to the company’s request.
Most commenters opposed request
FMCSA received 10 comments on Landair Transport’s exemption application. Eight commenters opposed the request, one supported it, and the remaining comment did not clearly indicate a position.
The opposition included truck safety organizations and individual commercial drivers. The available notice information did not identify additional details about the specific regulatory requirement covered by Landair’s exemption.
FMCSA exemption authority
FMCSA, an agency within the U.S. Department of Transportation, oversees federal regulations governing commercial motor carriers, drivers and large trucks. Its stated mission is to reduce crashes, injuries and fatalities involving commercial motor vehicles and buses.
The agency may grant exemptions when it determines that an alternative approach would provide a level of safety equivalent to, or greater than, the requirements being waived. Exemptions generally apply only to the motor carrier, drivers or operations specifically identified in the agency’s decision.
Broader FMCSA regulatory activity
The Landair decision comes as FMCSA continues to update commercial-driver and carrier oversight requirements. Recent agency actions have included changes involving drug and alcohol program violations, commercial driver’s license eligibility and enforcement of federal safety standards.
FMCSA also has issued guidance concerning non-domiciled commercial driver’s licenses and permits. Under the agency’s March 30 guidance, eligible nonimmigrant categories include H-2A, H-2B and E-2 classifications, subject to other applicable requirements.
