**Peter B. O'Connell**

**Attorney at Law**

**130 Washington Avenue**

**Albany, New York 12210**

**Tel: (518) 436-7202 Fax: (518) 436-7203**

**e-mail: <peter.oclaw@verizon.net>**

March 25, 2008

Docket Management Facility

U.S. Department of Transportation

West Building Ground Floor

W12-140

1200 New Jersey Avenue SE

Washington, D.C. 20590

RE: FMCSA-2007-27748

Minimum Training Requirements for Entry-Level

Commercial Motor Vehicle Operators; Proposed Rule

Dear Sir or Madam:

I am counsel to the Towing and Recovery Association of America ("TRAA"),
which is a national trade association representing persons engaged in
the towing and recovery industry in all fifty states and Canada. My
client is concerned that the above proposed rule fails to address the
training needs of the towing industry.

For example, the proposed training requirements for holders of Class A
licenses are designed for over-the-road tractor-trailer drivers, who
obtain unrestricted Class A licenses. In many states, tow truck drivers
obtain Class A licenses that are restricted to the GVWR of the tow truck
and the towed vehicle that is used in taking the test. Further
restrictions will result if the testing tow truck is not equipped with
air brakes. It would be more appropriate to treat holders of these
restricted licenses like the holders of Class B or C licenses.

Even then, the training requirements for Class B and C licenses are
overly burdensome. Many tow truck drivers obtain Class B licenses so
that they can drive car carriers or flatbeds that exceed 26,000 pounds
GVWR. As a practical matter, these car carriers are rarely used to their
capacity. Responsible towing companies prefer these larger trucks
because they have superior handling and braking capabilities. The
proposed rule could, therefore, have an unintended consequence of
causing towing companies to under-spec their trucks in order to avoid
these stringent training requirements.

Towing companies -- as do most other trucking companies - generally
conduct rigorous in-house training before they allow their drivers to go
out on their own. Typically, towing companies will require new drivers
to undergo a minimum of one or two weeks of behind-the-wheel training
with either the owner of the company or an experienced driver.

Whereas this training may lack the regimen of the training that is
contained in the proposed rule, it is far more effective because it
addresses unique safety issues that apply to the towing industry. For
example, proper use of safety chains and securement devices are critical
elements of a safe tow. Behind-the-wheel training in a vehicle other
than a tow truck is of little value because turning radii and braking
procedures vary greatly with vehicles in tow.

The bulk of a tow truck driver's formal training generally occurs
*after* he or she has obtained a CDL. The most dangerous and technically
challenging aspect of towing involves the recovery of a vehicle and
readying it for towing or transport on a car carrier. There are several
nationally recognized experts who conduct seminars (consisting of both
classroom and hands-on training) on recovering everything from an
automobile to a propane tanker. Portions of these seminars also include
the actual towing of vehicles because -- as pointed out above -- tow
trucks present unique driving situations. There are, for example,
several ways that a careless or inexperienced driver may cause a vehicle
to come loose while under tow.

Thousands of tow truck drivers attend these seminars each year.
Ironically, not one of the trainers who conduct these seminars --
despite their vast experience and sterling safety records -- would
qualify as a "training institution" under the proposed rule.

TRAA does not engage in the actual training of tow truck drivers. It has
chosen to forego this practice in order to maintain its neutrality as a
national certifying agency for tow truck drivers. It administers three
levels of certificates (light duty, medium to heavy duty, and heavy duty
recovery specialist) to towers who successfully complete its exams. More
than 10,000 towers have been certified under this program since its
inception in 1995. Numerous police agencies (and one state -- Texas)
require persons who engage in accident recoveries to complete the TRAA
certification exam or its equivalent as a condition to participating in
rotation towing programs.

TRAA is proud of the manner in which the towing industry has stepped up
to the plate to insure that tow truck drivers are properly trained and
certified. I therefore ask that these efforts -- and the unique
characteristics of the towing industry -- be considered in the
implementation of this rule.

Thank you for your courtesy and consideration in this matter.

Sincerely,

Peter B. O'Connell,

Counsel, TRAA