FMCSA seeks emergency review of chameleon CDL schools

The Federal Motor Carrier Safety Administration is seeking emergency approval for additional vetting after discovering that truck driver schools removed for fraud have reapplied with new identifying information and returned to the Training Provider Registry. Commercial driver license schools listed in the Training Provider Registry that receive a Notice of Emergency Removal are able to log on to the registry, self-certify with new training provider information, and thus be listed again to continue perpetuating fraud, according to the FMCSA. The agency determined that if bad actors return to the registry under a new name and different basic information, such as a new email address, they can operate with the same fraudulent disregard until discovered through state noncompliance or complaints. This mirrors the trucking industry dealing with chameleon motor carriers, brokers, or freight forwarders that quickly reopen under new names after being shut down for safety violations. The request reveals that chameleon CDL mills are exploiting regulatory loopholes despite heightened enforcement operations under FMCSA Administrator Derek Barrs. An emergency information collection request has been submitted to the Office of Management and Budget’s information and regulatory affairs division. The agency justified its request by citing the need to impose better safeguards when a CDL school is first listed in its registry, stating it cannot rely on normal procedures because public harm is reasonably likely to result from noncompliant training providers certifying unqualified drivers. To close this loophole, the FMCSA intends to launch a new rulemaking process to require additional information before companies can be listed, but cannot wait for that process. The agency is seeking OMB approval to require more stringent documentation for initial vetting and each time a training provider adds a new location. Documents to be collected and reviewed prior to listing include theory and behind-the-wheel lesson plans including range and public-road curricula, proof of compliant training vehicles matching the group and types trainees intend to use for skills tests, instructor qualifications including driving or training experience and applicable CDLs and endorsements, proof of state authorization to train, and documentation that facilities comply with federal regulations. The FMCSA stated that 800 schools are currently under regulatory review, and more training sites may be closed. Notices are being sent to providers operating at least one school that have not certified completion of driver training within the past year. Nearly 10,000 school sites have been shuttered overall during a wider federal enforcement crackdown prioritizing the removal of unqualified truckers from roadways. Closing noncompliant CDL schools that have provided credentials to unqualified drivers, especially those involved in fatal accidents and cited for lacking English-language proficiency, has been a hallmark of Barrs’ leadership. Barrs has repeatedly underscored his goal to root out bad entry-level driver training schools, noting in September that 110 schools were closed for alleged willful disregard of federal regulations.