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Florida denied flexibility on CDL skills testing

FMCSA rejects petition to loosen rules on how 3-part test is administered

WASHINGTON — Federal regulators are not convinced that the potential for lost wages for prospective truck drivers outweighs the safety benefits of current rules on how states must administer CDL skills tests.

In a notice scheduled to be published in the Federal Register on Thursday, the Federal Motor Carrier Safety Administration denied a petition by Florida Department of Highway Safety and Motor Vehicles asking that the state be exempted from a federal regulation requiring that the three-part CDL skills test be completed by test-takers in the following order: pre-trip inspection, basic vehicle control skills and on-road skills.

Under the regulation, if an applicant fails one part of the test, he or she may not start the next part but instead must return on a different day to take all three parts. Florida wanted applicants to be allowed to continue with subsequent segments of the skills test if they fail the pre-trip inspection or the basic vehicle control skills segments and return at a later date to retest only the failed segments.

In supporting Florida’s petition, the Commercial Vehicle Training Association (CVTA), which represents truck driver training schools, said added delays caused by having to reschedule and retake tests has put truck driver jobs on hold, which translates into millions of dollars in lost wages and less income tax revenue for state coffers.


The National Tank Truck Carriers, which represents cargo-tank haulers, sided with CVTA. “Given the well documented commercial driver shortage, it is imperative that we reduce barriers to individuals attaining the proper credentials for operating commercial vehicles,” the group stated in support of an exemption.

FMCSA acknowledged those assertions but also highlighted a statement submitted by commenter Tim Kordula, who in opposing Florida’s petition said allowing an applicant who fails the pre-trip inspection to immediately continue the test “is not only unsafe but irresponsible.”

In denying Florida’s petition, FMCSA Acting Deputy Administrator Sue Lawless said conducting the elements of the skills test in the required order “is the best practice for the safety of the CDL applicant, the examiner, and any motorists who must share the public roadway with the CDL applicant during the on-road portion of the CDL skills test.”

She also pointed out that current regulations do provide some flexibility: Leeway is given in some cases that allows applicants to not have to retake portions of the test that they have passed previously.


“Moreover,” Lawless stated, “with the implementation of the Federal Entry-Level Driver Training requirements, the agency believes [state driver’s license agencies] should see a reduction in the percentage of applicants who fail portions of the CDL skills test.”

Click for more FreightWaves articles by John Gallagher.

17 Comments

  1. Rosalie

    I strongly agree with Kyle Mckee ( post above)!
    There is NOT a truck or driver shortage. Anyone knowing anything about the current spot market and contracted rejections plainly can see there is no truck or driver shortage.
    It’s faucle media set out by trucking schools to permote students to fund the school side of business. When there’s a plethora of truck’s to load ratios also bringing down the rates on loads. The media capitalize on the ” Trucker shortage ” phrase back during Covid… it’s now 2024 and there is NO shortage,mega schools pushed out a record number of students that are UNDER TRAINED. Rather easy for the general public to believe this is why products on the shelves are over priced and increasing costs.
    Under trained student’s and lowering the qualifications only enhances the risks on the road. Doing the pretrip inspection is the basics of each day a truck moves. Why would we allow that 1st step to be looked over to permote faster passing of the initial CDL exam!!!
    It’s bad enough there are horrible driver’s with lack of true driving skills that have been pushed out of the driving schools.
    The schools are only required to prove the student’s drove a certain amount of time behind the wheel.. not prove they have the skills to be behind it. We are still seeing a problem with those that can’t even read or Speak English proper causing accidents. Let alone change the CDL testing requirements to be skipped over then come back to the problem. IMO that’s a waste of time. Learn the pre Trip then move fwd to next steps.. crawl, walk, run.

  2. Kyle McKee

    First, please, STOP saying that there IS A TRUCKING SHORTAGE, just stop, it old, annoying and FAKE NEWS. Second, the students that are going to these so called trucking schools are not being taught the fundamentals of tractor trailer driving, these schools “rush” students through an eight week course, just to get a CDL A or B, then leave it to these idiotic mega carriers (because that’s the only place new drivers can go) to train them how to be a tractor trailer driver. Yet, these mega carriers trainers have no experience themselves and they are training newbies. This is the exact reason I LEFT THE TRUCKING INDUSTRY and will NEVER EVER RETURN. The industry is disgusting, unhealthy, and employes anyone with a pulse and no common sense.

  3. Jenelle Mocniak

    That makes no sense. New York does that as well. They can fail one section, pass the other two and come back to retake the failed section at a later point. They’re not getting their CDL if they pass 1 section but not the other 2. They have to pass all 3, no matter the order, before getting their CDL. I understand wanting to make sure the person understands and passes all the sections but someone can have a bad day and fail a section but still pass the other 2. Making them have to stop and wait if they fail the first section and not being allowed to continue onto the other 2 is stupid. At least let them try. If they fail, they fail. At least let them try.

  4. Patrick Connors

    These are all daily basic requirements and competencies of PROFESSIONAL operators! If you’re unable to show up prepared to take a standardized skills test, what’s to hold you to any standard of safety day in and day out?! I obtained my class A CDL in 1997, it’s a different world today and the challenges and outcomes are significantly more dangerous due to many factors. Daily motorists drive faster, more reckless and more distracted than ever before. Commercial vehicles are more advanced with adaptive cruise control, blind spot monitors and crash mitigation systems…. Ever see a truck randomly slam on it’s brakes when cut off? There’s a little black box on the front bumper and passenger side responsible for that. So we want to make it easier for people to just hop in a vehicle that weighs 37000# empty and up to or more than 80000# loaded? I already see people who are incapable of safe operation daily in trucks and I won’t even say I’m perfect either… But think about what you’re doing before “Relaxing” the standard. Pay the good people who are safe what we’re worth and we might just stay longer!

  5. Paul Schulze

    This new tests that were put in place last year are a joke. They decreased the points for the pretrip so any moron can pass. The schooling that is given today is enough to put an ass in the seat. I see this every day being a CDL examiner, the bottom of the barrel applicants. These are the people the FMCSA wants to put in a 80,000# missile going down our roads. These idiots can’t get from one point to the next without our their outdated GPS. You see them going down the highway with one foot on the dashboard of the truck, their earbuds in both ears listening to their jiveass music. Because the speed limit sign says 70 MPH no matter what the weather or the road conditions are they must do that speed. Trained monkeys could do a better job than what is on the nation’s highway, WAKE UP AND SEE WHAT IS GOING ON!!

  6. Used to be CDL driver

    How is it we have elected and appointed officials who know absolutely nothing about CMV’s, yet make the rules and regulations. The industry has stagnated and if things don’t change, people will be whining why they can’t get anything anymore. We don’t need a big strike or protest to win this, the next generation is already doing the work for us by being extremely lazy. Money is good but lots of shady stuff happens that the government cares nothing about, companies and brokers will steal from you.

  7. Lightening

    I agree with FMCSA. I am a Florida resident. I am a CDL-A driver. A competent person should be able to complete all three parts. Someone ill prepared or poorly practiced should not be licensed. This is not a game. And persons with mental deficiencies should not be licensed. The state gets one chance to verify that a person can do the job. After that, that person is driving a 80,000 lbs truck on public roads.

    I say we make having a High School Diploma a requirement as well. You say, well everyone has a HS diploma. You are wrong. No they do not. The immigrants do not have that level of education. And it shows. They are burning brakes in the mountains. They are ignoring low bridge signs. They cannot navigate without a GPS. They do not know the weather of this country. They do not know the mountains. They do not slow in construction zones. They simply are dangerous. We will not let a local 18 y.o. with a HS diploma drive but we will license an immigrant because they are older? That is messed up — plain and simple.

  8. Robert

    I’m not sure why the request was denied by FMCSA to the state of Florida.

    UTAH, MISSOURI AND PENNSYLVANIA do it that way for years. I know this for a fact because my company has a training program for CDL testing. We started in Missouri and about 4 years ago expanded to Utah and about 2 years ago expanded to Pennsylvania. If student passes Pretrip but fails backing they must wait at least 24 hours to test again but they can resume testing with backing and road test. If they pass Pretrip and backing but failed just the road test they are required to wait 24 hours and then can retest on just the road test.

    I’m also a CDL instructor I know this for a fact I have had students fail and only test the parts they failed.

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.