A Look at How SDAP is Working

 A Look at How SDAP is Working

 A number of factors led to the proposal by the Federal Motor Carrier Safety Administration for a pilot program in September 2020. That program was designed to allow the operation of commercial motor vehicles by persons ages 18, 19, and 20. While that concept was never launched, the massive Infrastructure Investment and Jobs Act of 2021 required such a pilot program to be implemented.

Implementing the Program

That apprenticeship concept has been rolled out as the Safe Driver Apprenticeship Pilot. Details of SDAP were announced in December of 2022 as part of the administration’s new Trucking Action Plan. While the program has received strong positive responses from trucking firms, the number of apprentices on the job is not yet meeting the stated goals. As a result, the specific workings of SDAP continue to be evaluated and modified.

One response is the announcement of a new, 90-day challenge to accelerate the process. The goal of that effort is to aggressively increase the number of registered apprentices in the SDAP program.

The basic elements of the program include:

  • A new FASTPORT concept that provides an apprenticeship intermediary to work with firms to rapidly establish their own internal Registered Apprenticeship programs.
  • Individuals with the role of Office of Apprenticeship consultants are being located throughout the country.
  • A new website supporting the goals of the challenge has been established.
  • An additional $8 million was allocated to help firms establish RAs.

To Require a Commercial Driver’s License or Not

One of the immediate obstacles to implementing the apprenticeship program was the requirement that applicants possess a CDL. The overall backlog in issuing CDLs that was created by the pandemic has generated specific attention. Thus, removing the CDL issue and other factors is part of the goals of TAP. The new effort has provided additional funding and resources to all fifty states to specifically address the CDL issue. As a result, there is an average of more than 50,000 CDLs being issued each month.

For prospective SDAP apprentices, the CDL process has been particularly challenging. While there are now more than 10,000 apprentices working with all sizes of trucking firms today under the DOL apprenticeship program, the goal is to add several thousand more under SDAP.

That is one reason the FMCSA is favorably considering a recent request by Pitt Ohio to allow new apprentices to start work with a Commercial Learner’s Permit rather than a full CDL. The agency recently requested comments on the proposal.

Moreover, the specific wording of the request included the comments, “If granted, Pitt Ohio believes it would have less difficulty recruiting drivers to participate in the program,” and “…consider whether this exemption should be limited to Pitt Ohio, or whether it should be drafted to apply to any SDAP program participating motor carrier that is currently listed as a certified training provider for purposes of the [regulations], or that enters into a partnership with a certified training provider.”

The FMCSA notice made it clear that if the CLP procedure was implemented, all other apprenticeship requirements would remain in place. Those include the current regulatory requirements for issuing and holding CLPs and that of requiring a passenger seat occupant with a valid CDL during training.

The focus on the 90-day challenge and the potential approval of the CLP approach is expected to create greater momentum for SDAP. The administration is anxious to overcome the slow start and is said to be considering additional measures to ensure greater levels of participation.

Last year, the FMCSA rejected advice from the American Trucking Association that SDAP be decoupled from the successful DOT program. The issue of costs and administrative burdens was and is an ongoing point of contention. This is one area the 90-day challenge is attempting to address, at least in part.

Other rejected inputs included the length of probation and insurance requirements are expected to be revisited as results from the program are evaluated.

With the priority placed on SDAP and TAP, regulators will continue to tweak the details to increase participation levels.

 

Comments

Post a Comment

Popular posts from this blog

Shippers at Risk: Understanding Vicarious Liability in the Transport Industry

Could you imagine asking your boss for $23 million?   In a landmark 2004 case, C.H. Robinson, a third-party logistics provider, contracted Dragonfly Express to transport a shipment for one of their customers.   Unfortunately, the driver, who falsified logbook entries and drove at an unsafe speed, caused an accident resulting in two fatalities and a serious injury.   Despite C.H. Robinson's defense that they were "not responsible for the actions of an independent contractor or its driver," the court held C.H. Robinson, the driver, and Dragonfly Express liable for over $23 million in damages. The Role of Vicarious Liability This case highlighted the doctrine of vicarious liability, which can extend responsibility beyond the carrier to other parties involved, including shippers.   Under vicarious liability, if a shipper acts as a principal, they can be held liable for the conduct of the carrier or broker acting as their agent.   This principle implies that ship...
Read more

The Household Goods Shipping Consumer Protection Act: Empowering FMCSA to Combat Fraud

The trucking industry has long been vulnerable to fraudulent activities, particularly in the transportation of household goods.   To address this issue, a new legislative initiative—the Household Goods Shipping Consumer Protection Act—has been introduced.   This bill aims to grant the Federal Motor Carrier Safety Administration (FMCSA) enhanced authority to protect consumers from fraud in the interstate transportation of household goods. Key Provisions of the Act 1.      Civil Penalties for Unregistered Shippers and Hostage Situations : The act empowers FMCSA to impose civil penalties on unregistered shippers and entities that hold consumers' personal goods hostage.   This authority is crucial for deterring fraudulent practices and ensuring consumer protection. 2.      State Reimbursement for Enforcing Federal Laws : The bill provides FMCSA with explicit authority to reimburse states for enforcing...
Read more

Ensuring Safety and Compliance: The Essentials of Hazmat Shipping

  The transportation of hazardous materials (hazmat) demands heightened care and precision due to the significant risks associated with accidents, spills, or theft.   Choosing the wrong hazmat-certified trucking carrier can lead to severe consequences, including accidents, environmental damage, and hefty fines for non-compliance with regulations.   The Importance of Compliance and Safety in Hazmat Shipping Transporting hazmat involves a unique set of responsibilities.   In the U.S., nearly 3.3 billion tons of hazmat products are transported annually.   Shippers must ensure these materials are handled, transported, stored, and disposed of safely and in compliance with federal, state, and local regulations.   Failure to do so can result in significant liabilities, including cleanup costs, damage reparations, and penalties that can reach up to $25,000 per day. The Risks of Choosing the Wrong Carrier When arranging transportation, it is crucial to pla...
Read more