Covenant seeks exemption from driving restriction for 2,000 new drivers

Rule requiring CDL holder in front passenger seat a ‘significant burden’ on operations, truckload carrier tells FMCSA

Covenant Logistics truck

Covenant wants to join other trucking companies in securing driver license flexibility. (Photo: Covenant Logistics)

WASHINGTON — Truckload carrier Covenant Logistics is seeking a two-year federal exemption to streamline the process for employing 2,000 new drivers, the company told regulators.

Chattanooga, Tennessee-based Covenant (NASDAQ: CVLG), along with its logistics affiliate Landair Transport Inc., has petitioned the Federal Motor Carrier Safety Administration to allow commercial learner’s permit (CLP) holders who have passed a CDL skills test to drive a truck without an on-duty CDL holder present in the front passenger seat, as is currently required.

According to an FMCSA notice published Wednesday, Covenant currently cannot employ a new driver until the driver’s home state issues a CDL. The company must therefore either wait for the driver to obtain the physical CDL credential from the state or send the driver home.

“Covenant Logistics states this results in supply chain inefficiency and a lost employment opportunity for the new driver,” according to the notice.


“States may take weeks to properly document and update the status of a new driver’s CDL after they have passed the CDL skills test, and Covenant Logistics is not able to employ the driver during this time without having a second driver in the front seat of the [truck]. This administrative waiting period has caused a significant burden on Covenant Logistics’ operations.”

Covenant explained that prior to the implementation of the front-seat requirement for experienced drivers who oversee new permit holders, states routinely issued temporary CDLs, valid only in drivers’ home states, to drivers who had successfully passed a CDL skills test.

“This process made it possible for the company to immediately designate a new driver as on duty, and direct that driver to their home state without entering a second driver into an on-duty status,” the company states in the notice.

If granted the exemption, Covenant would join several other large trucking companies, including CRST and Wilson Logistics, in securing licensing flexibility from regulators.


CRST, which was originally given an exemption in 2016, has successfully renewed it by showing that safety has not been compromised with the eased restrictions.

Such exemptions may not be necessary in the future if FMCSA moves forward with a pending rulemaking.

The proposed rule, “Increased Flexibility for Testing and for Drivers after Passing the Skills Test,” would loosen current CDL testing regulations by:

  • Allowing CLP holders who have passed the CDL skills test to operate a truck without having a CDL holder in the passenger seat.
  • Expanding CDL applicants’ ability to take a skills test in a state other than the state in which they live.
  • Eliminating the requirement that an applicant wait at least 14 days after being issued a CLP to take the CDL skills test.

The changes are opposed, however, by some owner-operators and by truck safety advocates who warn that rolling back driver testing regulations will lead to more crashes.

Click for more FreightWaves articles by John Gallagher.

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