Entry-level driver training: Training providers

Scope

These requirements apply to all who intend to provide training to entry-level drivers who drive in interstate, intrastate or foreign commerce and are subject to the commercial driver’s license (CDL) requirements.

Regulatory citations

• 49 CFR 380, Subpart G — Registry of entry-level driver training providers on and after February 7, 2022

Key definitions

• Training provider: An entity that is listed on the Federal Motor Carrier Safety Administration (FMCSA) Training Provider Registry. Training providers include, but are not limited to, training schools, educational institutions, rural electric cooperatives, motor carriers, state/local governments, school districts, joint labor management programs, owner-operators, and individuals.

Summary of requirements

Training Provider Registry (TPR). In order to be listed on the Training Provider Registry (TPR), the training provider must:

• Follow a curriculum that meets the criteria listed in Part 380, Appendices A through E;
• Use classroom and range facilities that comply with all federal, state, and/or local statutes and regulations;
• Use vehicles in behind-the-wheel training that:
  • Comply with all federal, state, and/or local statutes and regulations, and
  • Are in the same group or type that driver-trainees intend to operate for their CDL skills test;
• Use theory instructors who meet the definition in 380.605;
• Use behind-the-wheel instructors who meet the definition in 380.605; and
• Be licensed, certified, registered, or authorized to provide training in accordance with the applicable laws and regulations of any state where in-person training is conducted.

The training provider must allow FMCSA or its authorized representative to audit or investigate the training provider’s operations to ensure that the provider meets the above criteria.

The training provider must attest to FMCSA that it meets all applicable requirements to obtain a unique number and be listed on the TPR.

Facilities and equipment. The training provider’s classroom and range facilities must comply with all applicable federal, state, and/or local statutes and regulations.

All vehicles used in the behind-the-wheel training must comply with applicable federal and state safety requirements.

Training vehicles must be in the same group and type that driver-trainees intend to operate for their CDL skills test.

Theory instructor. A theory instructor must meet one of the following qualifications:

• Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the commercial motor vehicle (CMV) for which training is to be provided and has at least two years of experience driving a CMV requiring a CDL of the same (or higher) class and/or the same endorsement and meets all applicable state qualification requirements for commercial motor vehicle instructors; or
• Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least two years of experience as a behind-the-wheel commercial motor vehicle instructor and meets all applicable state qualification requirements for CMV instructors.

An instructor is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV, if the instructor previously held a CDL of the same (or higher) class and complies with the other requirements set forth above.

Training providers offering online content exclusively are not required to meet state qualification requirements for theory instructors.

Behind-the-wheel instructor. A behind-the-wheel instructor is an individual who provides behind-the-wheel training involving the actual operation of a CMV by an entry-level driver on a range or a public road and meets one of the following qualifications:

• Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least two years of experience driving a CMV requiring a CDL of the same or higher class and/or the same endorsement and meets all applicable state qualification requirements for CMV; or
• Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least two years of experience as a behind-the-wheel CMV instructor and meets all applicable state qualification requirements for CMV instructors.

A behind-the-wheel instructor who provides training solely on a range which is not a public road is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV, as long as the instructor previously held a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, and complies with the other requirements set forth above.

Assessments. Training providers must use assessments (in written or electronic format) to determine driver-trainees’ proficiency in the theory portion of each unit of instruction. The driver-trainee must receive an overall minimum score of 80 percent on the theory assessment.

Training instructors must evaluate and document a driver trainee’s proficiency in behind-the-wheel skills.

Both the theory and behind-the-wheel assessments must be in accordance with the curricula in Part 380, Appendices A through D, as applicable.

Certification. After an individual completes training administered by a provider listed on the TPR, that provider must, by midnight of the second business day after the driver-trainee completes the training, electronically transmit the following training certification information through the TPR website:

• Driver-trainee name, number of driver’s license/commercial learner’s permit/CDL license, as applicable, and state of licensure;
• CDL class and/or endorsement and type of training (theory and/or behind-the-wheel) the driver-trainee completed;
• Total number of clock hours the driver-trainee spent to complete behind-the-wheel training, as applicable;
• Name of the training provider and its unique TPR identification number; and
• Date(s) of successful training completion.

Record retention. All training providers on the TPR must retain the following:

• Self-certifications by all accepted applicants for behind-the-wheel training attesting that they will comply with the regulations in Parts 40, 382, 383, and 391, as well as state and/or local laws, related to alcohol and controlled substances testing, age, medical certification, licensing, and driver records;
• A copy of the driver-trainee’s commercial learner’s permit (CLP) or CDL, as applicable;
• Instructor qualification documentation indicating driving and/ or training experience, as applicable, for each instructor and copies of CDLs and applicable endorsements held by behind-the-wheel instructors or theory instructors, as applicable;
• The lesson plans for theory and behind-the-wheel (range and public road) training curricula, as applicable; and
• Records of individual entry-level driver training assessments.

Training providers listed on the TPR must retain the records listed above for a minimum of three years from the date each required record is generated or received, unless a record, such as a behind-the-wheel instructor’s CDL, has expired or been canceled, in which case the most recent, valid CDL should be retained.

If local, state, or federal requirements prescribe longer retention periods for any category of records described, the records should be maintained under those guidelines.