Covenant Seeks Extension for Pre-CDL Drivers: What It Means for Training and Safety
An exemption allowing Commercial Learner's Permit holders to operate solo after passing their skills test is up for renewal, sparking debate on training efficacy.
Alright, let's talk about something that might sound like a technicality, but it cuts right to the heart of how new drivers are trained and brought into our industry. Covenant Transport has formally requested an extension of a crucial exemption from the Federal Motor Carrier Safety Regulations (FMCSRs). If you're running a training program or are a new driver yourself, you need to understand this.
The Exemption in a Nutshell
Under normal circumstances, a Commercial Learner's Permit (CLP) holder, by federal regulation (49 CFR 383.25(a)(1)), must always be accompanied by a Commercial Driver's License (CDL) holder occupying the passenger seat. That's a fundamental safety measure, ensuring an experienced driver is there to supervise and intervene if necessary. It's a rule I enforced countless times on the road.
However, back in 2020, FMCSA granted a five-year exemption to Covenant Transport and its subsidiaries. This exemption allows a CLP holder to operate a Commercial Motor Vehicle (CMV) without a CDL holder in the passenger seat, provided they have already passed the CDL skills test. Essentially, once they've demonstrated proficiency in the practical driving exam, they can drive solo for up to six months while awaiting their physical CDL document.
Why This Matters for Drivers and Carriers
From a carrier's perspective, especially large ones like Covenant, this exemption offers significant operational flexibility. It means that once a trainee passes their skills test, they can immediately begin accumulating solo driving experience, potentially even completing revenue-generating loads, without the added cost and logistical challenge of having a supervisor in the passenger seat. This can accelerate the integration of new drivers into the fleet and help address the ongoing driver shortage.
For new drivers, this could mean a faster transition from trainee to full-fledged driver. You've passed the hardest part – the skills test – and now you can start building confidence and experience on your own, albeit still under the umbrella of a CLP. It's a bridge period that allows you to gain real-world experience without the constant direct supervision, which can be a relief for some.
The Compliance and Safety Debate
When this exemption was first granted, it sparked a lot of discussion, and its potential extension will undoubtedly do the same. The core of the debate revolves around safety and the intent of the original regulation.
Arguments for Extension: Proponents, like Covenant, argue that once a driver has successfully passed the rigorous CDL skills test, they have demonstrated the fundamental competence to operate a CMV safely. The period between passing the test and receiving the physical CDL can be several weeks, and this exemption allows for productive, supervised (though not directly in-cab) experience during that time. They often point to their safety records under the exemption as proof it hasn't compromised safety.
Arguments Against Extension: Opponents, and frankly, my former enforcement self, would raise concerns about the inherent risk. The passenger seat supervisor isn't just there for the skills test; they're there to guide, mentor, and, if absolutely necessary, take control during unforeseen circumstances. A CLP holder, even one who passed the test, is still a new driver. They lack the judgment, experience, and instinct that only comes with thousands of miles on the road. Removing that immediate safety net, even for a few weeks, could be seen as an unnecessary risk, especially in complex driving situations.
What This Means for YOU
For New Drivers (CLP Holders): If this exemption is extended, and you're with a carrier that utilizes it, understand the responsibility you're taking on. Passing the skills test is a huge accomplishment, but it's just the beginning. You'll be operating a CMV solo with a CLP, meaning you still have limitations. Drive defensively, be acutely aware of your surroundings, and remember that you're still in a learning phase. Every mile is an opportunity to build experience safely.
For Fleet Owners/Managers: If you're considering adopting such a program (should it become more widely available or extended), you must have robust internal training and monitoring systems in place. This isn't just about getting drivers on the road faster; it's about ensuring they are safe drivers. What kind of remote supervision, check-ins, or probationary periods will you implement? How will you track their performance and intervene if issues arise? The FMCSA granted this exemption with specific conditions, and any carrier utilizing it must adhere strictly to those.
This request for extension highlights the ongoing tension between operational efficiency and regulatory safety. As a former inspector, my priority was always safety first. While I understand the industry's need for drivers, we must ensure that any flexibility granted doesn't come at the expense of putting inexperienced drivers in potentially vulnerable situations without adequate immediate support.
We'll be watching FMCSA's decision closely. Stay informed, understand the rules, and always prioritize safety.
Stay compliant, stay safe, and keep rolling.
Source: https://www.ccjdigital.com/regulations/article/15822746/covenant-requests-extension-of-exemption-precdl-drivers

Regulatory & Compliance Correspondent
Sarah Jenkins is a former DOT compliance officer and FMCSA inspector who spent 12 years on the enforcement side of trucking regulations before making the switch to journalism. During her time with the...
