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FMCSA denies prison inmate CDL training exemption

New Hampshire applicant sought help for former inmates seeking truck driving jobs

FMCSA ruled inmate did not provide enough evidence to justify CDL training exemption. (Photo: Jim Allen/FreightWaves)

WASHINGTON — Regulators have denied a New Hampshire prison inmate an exemption from certain training requirements that he had sought on behalf of himself and fellow inmates seeking truck driver jobs after they are released.

Robert Towle, an inmate at the New Hampshire State Prison for Men in Concord, requested that people graduating from the New Hampshire Department of Corrections Special School District’s Granite State High School (GSHS) be exempt from a requirement that their CDL training provider use instructors who meet the definition of ‘‘theory instructor.’’

He also asked that they be exempt from the requirement that first-time applicants for a Class A or B CDL — or those who upgrade to a Class A or B CDL — complete training from a training provider listed on the Federal Motor Carrier Safety Administration’s Training Provider Registry (TPR).

“The two exemptions are requested to allow for eligible students to receive the requisite theory instruction in order to examine for their Commercial Driver Learner Permit towards job readiness as part of their community re-entry plan,” Towle stated in his June 2022 application.


In a decision posted on Tuesday, however, FMCSA ruled that the required two years’ experience in operating a commercial vehicle for which training is to be provided, or in providing behind-the-wheel instruction, is essential for entry-level driver theory instruction.

“These core qualification requirements are embedded in the definition of ‘theory instructor’ and, under [federal regulations], ELDT [entry-level driver training] providers must use theory instructors meeting the criteria” set forth in the regulations, the agency stated in denying Towle’s request.

FMCSA also noted Towle’s assertion that an equivalent level of safety would be achieved if he were granted the exemption, because New Hampshire is participating in a CDL skills test pilot program that provides a “comparable level of rigor” to the current CDL skills test.

“The State’s participation in the pilot program, however, is entirely unrelated to the requirement that a CDL applicant receive theory training from a provider listed on the TPR,” FMCSA stated.


“The TPR is a critical piece of the ELDT program, ensuring that ELDT providers meet the eligibility requirements. The TPR, by receiving and retaining driver certification information from training providers and relaying it to states prior to the issuance of a Class A or Class B, also ensures that individual CDL applicants receive ELDT from a qualified training provider.”

The Truck Safety Coalition agreed with FMCSA’s assessment, also pointing out that “it is regrettable” that GSHS failed to continue offering CDL training without meeting FMCSA’s updated ELDT requirements, which went into effect last year.

“GSHS should absolutely be doing everything possible to set inmates up for re-entry success, including vocational education opportunities,” the group stated.

“However, reducing the experience level and quality of training provided by verified, qualified instructors unnecessarily risks the lives of all roadway users and fails to provide Mr. Towle with the quality of education needed to best set him up for success as a professional truck driver. The best course of action for all parties is for GSHS to take the measures necessary to fully comply with ELDT training requirements in the provision of its CDL training class.”

Another commenter noted, “Please do not further disadvantage the participating inmates by subjecting them to instruction that does not meet current standards and may not be recognized by employers, and thus may not properly prepare them for their new profession. Instead, the program should do what they need to do to comply with the same regulations and standards everyone else must meet.”

Click for more FreightWaves articles by John Gallagher.

8 Comments

  1. Snowman

    I believe that all inmates seeking gainful employment in the trucking industry should be given the chance to do so. As a former Law Enforcement Officer, the main reason that some folks become repeat offenders is due to a lack of correction programs that allow these individuals to re-enter society as skillfully employable people. As a matter of fact, I got my CDL 15 years ago thanks in part to an ex-convict, turned trucker that I had met while on patrol one night and we became good friends and are still friends to this day. Best decision I ever made.

  2. Lahoma Aiken

    I’m a convicted felon as well and I believe that with the proper training I believe a former inmate should be given the chance to prove themselves. I’m all for the reform.

  3. Rudolph Hess Jr.

    My problem with the ruling is the training programs. If drivers that graduate from these schools and drive for companies like SWIFT and Schneider are any indication, these schools teach a lot of stuff wrongly. After 25 years of experience, I can say that there are many programs that teach their drivers poorly and then put them out on the road very unprepared. I have never seen any of the Big 5 trucking company drivers that should even be behind the wheel of a car, much less driving a truck and trailer.

  4. MrsWJAA

    I have a CDL A and I haul a 53′ dry van with a sleeper cab for a living. I came to the article ready to be mad about the denial, but after reading the details, I can’t argue. You need all the qualified training you can get before you get out here on the roads or you are very likely to become a meme.
    I attended just before the regs went into effect, my instructor was in the process of dotting her “i”s and crossing her “t”s to be qualified to continue instructing under Fed law when it went into effect. Idk why the school for these kids couldn’t have done the same with their current instructors if they didn’t want to hire someone else.

  5. Matthew

    “I committed crimes against society that landed me in prison and have likely a lengthy criminal record, but make it easier for me as a criminal to drive a vehicle with a combined weight of 80,000 pounds that the rest of society also drives on”
    Does that make any sense?

  6. George Garcia

    I’m a former inmate and I have worked hard to get my CDL, no shortcuts that doesn’t help anything, this is a very dangerous job. Believe it or not training should be at a minimum with the government says, even that is not enough for half the idiots on these roadways unfortunately, there’s one person in everyone’s life that has the ability to help them and that is themselves, shortcuts to learning to be responsible are not very responsible

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.