Thursday, May 08, 2008

To Whom It May Concern:

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  **Docket #:**           [**FMCSA-2007-27659**](http://www.fmcsa.dot.gov/redirect.asp?page=http://dms.dot.gov/search/searchResultsSimple.cfm?searchType=docket&numberValue=27659)

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My name is Bill Kurts, a little brief history about myself to explain my
responses to the Notice of Proposed Rule Making, 49 CFR, Parts 383, 384,
and 385, Commercial Driver's License Testing and Commercial Learner's
Permit Standards; Proposed Rule

I have been a third party tester since 1991 for commercial driver
licenses, worked as a Transportation Supervisor for a school district in
Columbia, South Carolina. Worked for the South Carolina Department of
Public Safety and then the unit was transferred to the Department of
Motor Vehicles, which I was the Supervisor of the CDL Compliance Unit,
which my duties included oversight of the CDL program for the state,
supervised the truck driver training schools in South Carolina, and one
of the lead instructors for the state DMV examiners and CDL third party
testers to become certified to conduct the CDL road test. While with the
state, I attended several American Association of Motor Vehicle
Administrators (AAMVA) CDL Test Experts meetings and was one of the lead
participants in AAMVA's CDL pilot test for the revisions for the CDL
road test process in 2001 and 2002. While with the state, I was
certified to conduct CVSA inspections for commercial motor vehicles and
certified by FMCSA to conduct Handicap Skill Waivers on commercial motor
vehicle for individuals who have some type of disqualifying disability.
I am currently the Coordinator of Transportation for Florence School
District One in Florence, South Carolina.

Now for my comments:

*10. Section 383.75, Third Party Testing*

*The third party tester would have to conduct at least 50 skills tests
annually and each individual examiner employed by the tester would have
to conduct at least 10 skills test annually. These minimums would ensure
that the costs of oversight do not exceed the benefits to the State that
accrue from having the third party tester. In addition, the minimums
would ensure that each tester and examiner is conducting enough tests to
maintain his/her expertise. However, FMCSA is aware that some States
have approved motor carriers as third party testers to conduct tests for
their own employees. FMCSA specifically requests comments*

*on whether the requirements for minimum numbers of tests per year would
adversely affect such motor carriers.*

The results of any test conducted by a third party examiner would have
to be transmitted to the State through a secure

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  *electronic means. **(NRPM**,      ***[FMCSA-2007-27659](http://www.fmcsa.dot.gov/redirect.asp?page=http://dms.dot.gov/search/searchResultsSimple.cfm?searchType=docket&numberValue=27659), p
  **Docket #:***                     19293)***

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From being a third party tester, overseeing the third party tester
program for South Carolina, and now a third party tester again with my
school district, I can safely say if this part of the NRPM becomes final
rule, there will probably only be about three third party testers in
South Carolina. When I left the State there were about 165 companies who
were participating in the third party tester program, many of these
testers only did a few test a year. The testing program was for the
convenience of the company so they would not have to make an appointment
with the DMV. There is currently about a two week backlog for
appointments at most DMV's in South Carolina.

Plus while working with the State, I was fortunate to work with other
states in the southeast on CDL and third party testing issues, and from
what I recall, those states would also loose testers with the required
number of test each year.

There has always been in place on §383.75 for states to monitor and test
a sample of drivers who actually take the test. South Carolina for years
has done performance evaluations on third party testers and conducted
random recalls of driver tested. While with the state, we did find one
major instance of CDL fraud with a truck driver training school which
involved about 130 drivers. South Carolina did recall all of these
drivers and turned the case over to FMCSA Office of Inspector General,
which then did not follow through on the case.

As to the electronic submission of test results, many third party
testers may not have access to perform this function, is the FMCSA
providing testers with the ability to meet this requirement should it
become a final rule?

*Sec. 383.25 Commercial learner\'s permit (CLP).*

*(5) A CLP holder with a passenger (P) endorsement must have taken and
passed the P endorsement knowledge test. A CLP holder with a P
endorsement is prohibited from operating a CMV carrying passengers. The
P endorsement must be class specific. All other Federal endorsements are
prohibited on a CLP.*

*(c) The CLP must be valid for no more than 180 days from the date of
issuance. The State may renew the CLP for an additional 90 days without
requiring the CLP holder to retake the general and endorsement knowledge
tests.*

*(d) The issuance of a CLP is a precondition to the issuance or*

*upgrade of a CDL. The CLP holder is not eligible to take the CDL
skills*

*test in the first 30 days after initial issuance of the CLP.*

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  ***(NRPM**, **Docket #:***         ***[FMCSA-2007-27659](http://www.fmcsa.dot.gov/redirect.asp?page=http://dms.dot.gov/search/searchResultsSimple.cfm?searchType=docket&numberValue=27659), p
                                     19302)***

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First, since I have worked at DMV, this would create a programming issue
for the states. One way for FMCSA to verify this is to check with AAMVA
and the state CDL Audits FMCSA performs and see how often the CDLIS and
AAMVA codes are updated and problems caused when modifying those codes.
I would recommend the permit only be allowed for a second renewal, but
the renewal should be the same time frame as the first permit, six
months.

As to the only allowable endorsement to the CDL permit being the "P"
endorsement, and the fact they are prohibited from driving the bus with
passengers. First, how are drivers in the school bus industry to legally
learn how to drive a school bus without the new "S" endorsement? Those
drivers are required to have the proper class license or permit and a
"P" and "S" endorsement to operate the school bus. Or are these drivers
exempt since the bus is empty, if this is case it should be explained as
such in the FMCSR's.

As to training, in South Carolina for potential bus drivers to learn to
drive, they will sometimes go out in groups of three permit holders and
the trainer. Should this become a final rule would this now disqualify
the use of the one student driver and other trainees observing the
driver?

Item (d) requiring the permit holder to hold the permit for at least
thirty days after the first initial issuance of the CDL permit may be
unrealistic. What about the experienced driver who gave up driving a
CMV, turned in their CDL and now wish to drive a CMV again? What about a
CMV operator who had his or her CDL disqualified for a year or longer to
disqualifications in §383.51?

*Sec. 383.73 State procedures*

*(4) Allow only a group-specific passenger (P) endorsement on a CLP,*

*provided the applicant has taken and passed the endorsement knowledge*

test. All other Federal endorsements are prohibited on a CLP; and

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  ***(NRPM**, **Docket #:***         ***[FMCSA-2007-27659](http://www.fmcsa.dot.gov/redirect.asp?page=http://dms.dot.gov/search/searchResultsSimple.cfm?searchType=docket&numberValue=27659), p
                                     19306)***

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What about the "S" endorsement for school buses? What about "N"
endorsement for tanker? How is the school bus industry to train new
drivers without the "P" and

"S" endorsement and how are companies which are exclusively tanker
operations to train their respective drivers? These comments also apply
to NRPM's for §383.93 Item 2.

*Sec. 383.79 Skills testing of out-of-State students.*

*(a) A State may administer its skills test, in accordance with*

*subparts F, G, and H of this part, to a person who has taken training*

*in that State and is to be licensed in another United States*

*jurisdiction (i.e., his/her State of domicile). Such test results must*

*be transmitted electronically directly from the testing State to the*

*licensing State in an efficient and secure manner.*

*(b) The State of domicile of a CDL applicant must accept the*

*results of a skills test administered to the applicant by any other*

*State, in accordance with subparts F, G, and H of this part, in*

*fulfillment of the applicant\'s testing requirements under Sec.
383.71,*

and the State\'s test administration requirements under Sec. 383.73.

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  ***(NRPM**, **Docket #:***         ***[FMCSA-2007-27659](http://www.fmcsa.dot.gov/redirect.asp?page=http://dms.dot.gov/search/searchResultsSimple.cfm?searchType=docket&numberValue=27659), p
                                     19308)***

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While we are all aware of CDL mills, what process is the FMCSA going to
use to insure the states are adhering to CDL standards as established by
AAMVA for the testing and monitoring of the states DMV CDL examiners and
third party testers?

*Sec. 383.113 Required skills.*

*(e) Simulation technology. A State may utilize simulators to*

*perform skills testing, but under no circumstances as a substitute for*

the required testing in on-street conditions.

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  ***(NRPM**, **Docket #:***         ***[FMCSA-2007-27659](http://www.fmcsa.dot.gov/redirect.asp?page=http://dms.dot.gov/search/searchResultsSimple.cfm?searchType=docket&numberValue=27659), p
                                     19313)***

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While working at DMV, I had the honor of being on a committee with the
South Carolina State University (SC State) in Orangeburg, South Carolina
which worked on a simulator project for commercial motor vehicles. SC
State was working in conjunction with the University of Central Florida
in Orlando, Florida and their Center for Advanced Transportation Systems
Simulations. While this program had several good uses for driver
remediation, observation, placing the driver in harsh situations for a
learned behavior, I would not recommend the simulator to use for any
skills test. I was actually able to operate two simulators, one was a
full motion unit and the other was a stationary unit. ( I also have a
Class A CDL and drive tractor trailers and buses and did this for our
states CDL

examiner and third party tester training) and can attest the skills test
in a simulator does not represent the actual skills test. The driver on
the simulator does not have the required visibility for backing the CMV
as a driver on the skills pad would. There is only so much room which
can be seen in the mirrors and in the real test, for instance alley
docking and parallel parking, the driver can look out of the window
behind them. Furthermore, the tester can modify the simulation to where
the vehicle could be an automatic transmission, whereas the driver may
be tested in a 10 speed transmission on the road. Therefore, reducing
the reliability and validity of the skills test.

I am hopeful FMCSA will read and take under consideration these comments
before implementing the Final Rule.

Sincerely,

Bill Kurts

Coordinator of Transportation

Florence School District One