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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 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.

60 Comments

  1. Jeremy Toon

    This is the equivalent of giving a 4 year old matches. Companies like Covenant already allow seriously under qualified drivers to “train” new drivers, so seeking to remove the small amount of supervision they already get while learning is a good idea how? Yet, the argument from large carriers is how they are unable to find quality drivers. Seems like you’re creating your own demons.

  2. Bill

    My state issued me a temporary CDL upon completing of the written test. (I did the skills test during CDL school) This worked just fine since the company I drive for has a mandatory minimum of 6 weeks of training with a driver trainer. Had a hard copy long before I was turned loose for solo driving. More companies should invest in longer training periods. We would have a lot less accidents/incidents out here on the road.

  3. Marc Corren

    This company is just trying to skirt the law and put the motoring public at risk. This is a very bad idea, just like driverless trucks. I personally would not not be able to sleep with a untrained newbie at the helm. This company is making a mockery of the industry. This will only cause more contempt towards the great drivers of this country.

  4. Truck driver

    It’s only so they can hire more immigrants who will work for penny’s on the dollar. I watched a Nigerian wash his feet in the sink today at a TA truck Plaza. If you can’t read or understand English like the law requires! Then he’ll no! Theese companies are putting lives at risk and getting people killed. THE ANSWER TO ALL OF THEM IS NO!

  5. William Donnell

    I’ve been in this business almost 36 years there’s always been a driver shortage and they’re always will be why do y’all keep rolling things back look ahead that’s what’s wrong with the government now they don’t want to work with the people for the people that they actually work for let’s get it right David Parker

  6. Rue

    This is a huge inconsiderate act by big corporations and the FMSCA, to over step the rules already in place which are read the CDL book take the written permit test and upon passing you receive a CDL LEARNERS PERMIT and once you complete and pass your CDL ROAD TEST you will be sent your physical CDL in the mail…Skipping steps for profits can result in the loss of lives at most and definitely alot of physical and property damage…This should not be allowed at all…

  7. Bryon Mckee

    You don’t want what’s happening in Canada they’re hiring drivers from India that have no experience they’re pushed through a driving school in days. They’re watching videos while driving ,driving with cruise control when it’s slippery, passing on hills and curves. When they get in a accident 3 or 4 guys are in their truck. Ontario has their highest death rate in history.

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John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.