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FMCSA Denies ELDT Exemptions for UPS

Sep 9, 2022

The Federal Motor Carrier Safety Administration (FMCSA) has issued a final decision denying a request by the United Parcel Service, Inc. (UPS) to be exempted from two key provisions of the Entry-Level Driver Training (ELDT) final rule. The denial of these exemptions by FMCSA sets an important precedent in favor of uniform application of ELDT regulations for all training providers.

Under ELDT regulations, driver training instructors must have a Commercial Driver’s License (CDL) and two years of experience driving a commercial motor vehicle (CMV) before they can train students. This provision is meant to ensure that instructors are adequately trained before working with trainees. UPS requested an exemption from this provision in 2019 and asked FMCSA to reconsider its original denial in 2020. On September 6th, FMCSA issued its final determination upholding that denial and found that UPS’ application did not provide an analysis of the safety impacts of a potential exemption or provide countermeasures that could be undertaken to ensure equal or greater safety than would be achieved under ELDT.

ELDT also requires that each training provider register each training location on the Training Provider Registry (TPR). This provision allows for each individual training location to be identified and ensure that all locations meet the training standards outlined by ELDT. UPS also requested an exemption from this provision and was similarly denied.

Each of the policies in ELDT combine to strengthen the level of training offered to new drivers and enhance highway safety. Exempting certain training providers from parts of these regulations would open the floodgates for exemption requests from other training providers. And if granted, these exemptions would swallow the ELDT rule and undermine efforts to increase highway safety.

We commend this decision from FMCSA and encourage the agency to continue to pursue uniform application of ELDT.

Kyle Hayes

Kyle Hayes is the Director of Government Relations at CVTA. In this role, he leads the implementation of the Association’s legislative and regulatory strategy. He is also the primary point of contact between CVTA Members and federal agencies, Congress, and state governments.

Hayes most recently led research projects that supported federal and state advocacy on healthcare and economic issues at the Center on Budget and Policy Priorities, a nationally recognized research and policy institute based in Washington D.C. He received a master’s degree in public policy from American University in 2015 and graduated from the University of Georgia in 2012.

Andrew Poliakoff

Andy Poliakoff is the Executive Director for CVTA. In this role, he promotes the mission of the membership organization and implements goals set by the Board of Directors. This includes forming partnerships with external stakeholders, providing guidance and direction to the CVTA staff team, and engaging with state and federal government agencies to advance CVTA’s mission of safety and career opportunities in the truck driver training industry.

In 2021 and 2022, Andy acted as federal affairs lead for Electrify America, interacting at high levels within Congress, the U.S. Department of Transportation, the Department of Energy, and the White House. In that capacity, he played a pivotal role in the optimization of large-scale infrastructure funding at the Federal Highway Administration as part of the Bipartisan Infrastructure Law

From 2019 to 2021 Andy served as Director of Gov't Affairs for CVTA and formed a strong bond with members, engaging on advocacy related to Entry-Level Driver Training, Skills Testing Delays, and Workforce funding. During the pandemic, Andy fought at the state and federal level to treat CDL training and testing as the essential services they are. He is personally invested in the important mission of CVTA's members to deliver safe training and to transform people's lives through truck driving careers.

Andy holds a bachelor's degree from Georgetown University and a law degree from the Columbus School of Law at Catholic University.

Cindy Atwood

Cindy Atwood is the Vice President at CVTA. An experienced association professional, Cindy handles all activities related to membership retention, financial accounting and committee engagement. Cindy artfully produces CVTA’s off-site biannual conferences, Hill Day operations and Board meetings, ensuring that the general membership and leadership’s necessities and wishes are met with the highest response.

An essential fixture in the truck driver training association space, Cindy manages CVTA’s Instructor Certification Program and provides critical counsel to new entrants into the truck driver training industry.

Kyle Hayes

Kyle Hayes is the Director of Government Relations at CVTA. In this role, he leads the implementation of the Association’s legislative and regulatory strategy. He is also the primary point of contact between CVTA Members and federal agencies, Congress, and state governments.

Hayes most recently led research projects that supported federal and state advocacy on healthcare and economic issues at the Center on Budget and Policy Priorities, a nationally recognized research and policy institute based in Washington D.C. He received a master’s degree in public policy from American University in 2015 and graduated from the University of Georgia in 2012.