Page 26 - May-June2022 Vol 40 No 1

TENNESSEE By John Chlarson, P.E.
Commercial Driver’s License:

Entry-Level Driver Training, Drugs & More

Here is what the Tennessee Department the ELDT requirements. For more the boundaries of that unit for the
of Safety and Homeland Security had to information about the new ELDT purpose of removing snow or ice from a
say this past February about the Entry regulations going into effect February 7, roadway by plowing, sanding, or salting,
Level Driver Training (ELDT) for a please visit our website https://tpr.fmcsa. if
Commercial Driver’s License (CDL) dot.gov/ (A) The properly licensed employee
requirements going live: who ordinarily operates a commercial
So, who does this apply to?
New Entry-Level Commercial Driver § 383.3 - Applicability. motor vehicle for these purposes is
unable to operate the vehicle; or
Training Goes into Effect Feb. 7, 2022 (a) The rules in this part apply to every
Friday, February 04, 2022 | 03:57pm person who operates a commercial (B) The employing governmental

NASHVILLE — Beginning February motor vehicle (CMV) in interstate, entity determines that a snow or
ice emergency exists that requires
7, 2022, new federal regulations go into foreign, or intrastate commerce, to all additional assistance.
effect to improve highway safety by employers of such persons, and to all
ensuring that entry-level commercial States. (ii) This exemption shall not preempt
motor vehicle (CMV) drivers complete (b) The exceptions contained in § 390.3(f) State laws and regulations concerning
training required by the new entry-level of this subchapter do not apply to the safe operation of commercial motor
driver training (ELDT) regulations. this part. The employers and drivers vehicles.
Effective February 7, entry-level CMV identified in § 390.3(f) must comply ---
drivers won’t be eligible to take their with the requirements of this part, [61 FR 9564, Mar. 8, 1996, as amended
commercial driver license (CDL) test unless otherwise provided in this at 61 FR 14679, Apr. 3, 1996; 62 FR 1296,
until successfully completing a specific section. Jan. 9, 1997; 67 FR 49755, July 31, 2002; 67
program of theory and behind-the-wheel Municipal Exceptions FR 61821, Oct. 2, 2002; 78 FR 16194, Mar.
instruction provided by a school or other (d) Exception for farmers, firefighters, 14, 2013; 78 FR 58479, Sept. 24, 2013; 81
entity listed on Federal Motor Carrier emergency response vehicle drivers, FR 47720, July 22, 2016; 81 FR 68346, Oct.
Safety Administration’s (FMCSA) new and drivers removing snow and ice. A 4, 2016; 81 FR 71016, Oct. 14, 2016; 86 FR
Training Provider Registry (TPR). State may, at its discretion, exempt 35640, July 7, 2021]
The FMCSA’s ELDT regulations AUTHORITY: 49 U.S.C.
establish training requirements for entry- individuals identified in paragraphs (d) 521, 31136, 31301
(1), (d)(2), and (d)(3) of this section
level CMV drivers applying to: from the requirements of this part. SOURCE: 52 FR 20587, June 1, 1987,
- Obtain a Class A or Class B CDL for The use of this waiver is limited to the unless otherwise noted.
the first time. driver’s home State unless there is a CITE AS: 49 CFR 383.3
- Upgrade an existing Class B CDL to a reciprocity agreement with adjoining So, outside of the fire department and
Class A CDL. States. defined emergency equipment operations,
- Obtain a School Bus (S), Passenger --- what does this mean for CDL applicants
and the Public Works Community in
(P), or Hazardous Materials (H) (2) Firefighters and other persons who Tennessee? (See Chart A.)
endorsement for the first time. operate CMVs which are necessary
The ELDT regulations are not to the preservation of life or property Drug and alcohol testing and the federal
retroactive. Individuals who were issued or the execution of emergency Drug & Alcohol Clearinghouse
a CDL or an S, P, or H endorsement governmental functions, are equipped The Drug and Alcohol Clearinghouse
prior to February 7, 2022, are not with audible and visual signals and (DAC) is an online database that gives
required to complete training for the are not subject to normal traffic cities/counties, the Federal Motor Carrier
respective CDL or endorsement. An regulation. These vehicles include fire Safety Agency (FMCSA), Tennessee
applicant who obtains a CLP prior to trucks, hook and ladder trucks, foam state licensing agencies, and Tennessee
February 7, 2022, does not have to meet or water transport trucks, police SWAT law enforcement personnel real-time
ELDT requirements. Once issued their team vehicles, ambulances, or other information about a CDL/CLP holder’s
CLP (Commercial Learners Permit) vehicles that are used in response to drug and-alcohol test status. Drivers
the driver will have one year to meet emergencies. registered with the DAC can also access
requirements and obtain their CDL. (3)(i) A driver, employed by an eligible their own records electronically at any
Any individual who meets one of the unit of local government, operating time free of charge.
exceptions for taking a skills test in a commercial motor vehicle within CDL holders who operate commercial
49 CFR Part 383 is also exempt from vehicles on public roads and their
26 TPW May/June 2022