Watch Now


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. Chris

    Well… I have to shake my head.. what’s the worst that can happen? ALOT.

    Let’s put this in perspective.. a kid at 16 gets their learners and is good to go. See the problem. Sitting in that passenger seat is experience to see what they don’t, to do things correctly by being “coached” or better yet mentoring

    We have an obligation to train and teach new drivers by sitting in that passenger seat. Companies have an obligation to ensure the drivers know the job..

    Hire trainers, hire drivers that love to train, pay the qualified drivers better to ensure the rookie drivers are trained…

    This is a disaster looking for a place to happen…

  2. Dionne

    I think that for the safety of the drivers out there on the freeways and streets the FMSCA needs to keep this rule in place! This makes me feel a little bit safer as a pedestrian driver on the streets and highways driving. It’s important to make new drivers follow the rules and abide by them accordingly.

  3. Angie

    why doesn’t the state start allowing DMV to make the original CDL license at the time the CDL permit holder comes in to get there CDL. after their test? if the FMCSA allows this exception it only opens the door for companies to push drivers thru that have not completed their required hours, which is already unsafe due to schools pushing students thru the doors without all of their required FMCSA hours. I’ve seen it to often here in the schools. Students are not getting their required hours, Monetary gain is more important than safety!! we need more compliance officers making unannounced inspections, checking instructor time matched to students time and they will find alot of violations. Drivers who go thru schools are NOT ready to hit the road alone. I explain it like this, CDL schools are like high school… when they go to work for the company that’s college.. then after 4 to 6 weeks driving all day everyday that’s life!! These students get the bare minimum from the schools. they need more training when they are done. A brand new CDL holder should NOT be allowed to hit the road running without further training. it will take a fatality to change the law regarding new CDL holders.
    SAFTEY SHOULD BE PRIORITY!!!!! not money.

  4. Josh Childers

    Or change the rules on sap drivers and how the process is executed. Most sap drivers are experienced drivers who are being punished tremendously and most failed test are from pre employment drug test which identifies tht most drivers were not currently employed at the time of failure. Also most companies have little knowledge of how the whole process works. So we should focus more on getting drivers back in trucks instead of denying them employment due to a simple mistake which is hurting the trucking industry more than its helping.

  5. DARRELLBICKFORD

    Absolutely not!!! Just remembering some of the stupid stuff I did with an experienced driver beside me three weeks really wasn’t long enough

  6. Jon Cone

    Hi, do not think that’s too safe. They should put the yellow freight drivers 30,000 that are out of work put them drivers to work. There are proven drivers know how to drive have a CDL‘s. You don’t have to worry about the safety of other drivers out there on the road, those other people do not deserve to fast track the system. every driver has to go through the system whether it’s working weekends after your shifts over you can learn how to drive by working in the yard. The yard man will usually help you out and that’s where you really learn how to drive is in the yard constantly moving trailers, in the yard and putting sets together that’s where you learn at. or you go to a truck driving course but I think it’s better to learn on the job in the yard. You work the dock and then when you’re done you go out and work the yard for a couple hours to learn how to drive or going to a driving school these illegals do not deserve to be put in front of drivers that are out of work. that’s just my take on it. I was an LTL driver for 34 years so I know a little bit about it.

  7. Aleshia

    This is a ploy to further demonetized the industry. All the reduction in standards and pay to further exacerbate inflation leads to perpetuate modernized slave tactics. Pay a decent wage, benefits and compensation to seasoned workers with spend a great deal away from home taking care of the homeland. Stop the attempts to manipulate our youth & young adults and discarding & disregarding experience. Corporate greed is at the end of its cycle when leaving home to make more amounts to making less. Say what you really mean COVENANT!!! This is another ploy to minimize the family, it’s structure and further extend inflation and corporate greed.

Comments are closed.

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.