The purpose of these amendments is to correct deficits identified during an Annual Review of Florida's Commercial Driver License (CDL) program by the Federal Motor Carrier Safety Administration and to align the rule with the requirements of the ...

 

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

Division of Driver Licenses

RULE NO.:RULE TITLE:

15A-7.012Commercial Driver’s License Skills Tests

PURPOSE AND EFFECT: The purpose of these amendments is to correct deficits identified during an Annual Review of Florida's Commercial Driver License (CDL) program by the Federal Motor Carrier Safety Administration and to align the rule with the requirements of the Federal Motor Carrier Safety Administration on CDL testing.

SUMMARY: This rules sets out the definition of and the requirements for the commercial driver’s license skills test and the minimum requirements that applicants must meet in order to pass.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the information expressly relied upon and described herein: The nature of the rule, input from the affected industry, and the preliminary analysis conducted to determine whether a SERC was required.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 322.02(6) FS.

LAW IMPLEMENTED: 322.12(4), 322.57 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 3, 2016, 11:30 a.m.

PLACE: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, Room B130, Tallahassee, Florida 32399

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: David Helton, Bureau Chief, 2900 Apalachee Parkway, Room A108B, Tallahassee, FL 32399, [e-mail], [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Helton, Bureau Chief, 2900 Apalachee Parkway, Room A108B, Tallahassee, FL 32399, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

15A-7.012 Commercial Driver’s License Skills Tests.

(1) The commercial driver’s license skills test is a three-part test established by the department to certify the driving skills necessary for operation of a commercial motor vehicle. The test consists of:

(a) Pretrip inspection; and

(b) Basic vehicle control skills test; and

(c) Road test.

(2) A driver applicant shall demonstrate skills with respect to inspection and operation of air brakes, if the vehicle is equipped with air brakes.

(3) A driver applicant is required to take the pretrip inspection, before any other part of the test is taken. An applicant must pass the basic control test before the road test. The following are exempt from this requirement:

(a) An applicant for a class “C” commercial driver’s license that will not be endorsed for school bus operation and that will be restricted to vehicles not equipped with air brakes will not be required to pass the pretrip inspection or the basic control skills test.

(b) An applicant for a class “C” commercial driver’s license that will not have an air brake restriction must pass, at a minimum, the tests specified in subsection 15A-7.004(1), F.A.C., for removing CDL air brake restrictions in addition to the CDL road test specified in paragraph 15A-7.012(1)(c), F.A.C.

(3)(4) A skills test applicant shall provide an appropriate vehicle for the skills test.

(a) The vehicle used for the skills test must be unloaded, except tow trucks may have a vehicle in tow and the towed vehicle must be unloaded.

(b) The vehicle used for the skills test must have a valid registration and proof of insurance, unless exempt from providing proof under current law.

(c) The vehicle cannot be laden with placarded hazardous materials.

(d) Motor vehicles provided must have a stationary seat to the right of the driver for use by the examiner who administers the test.

(4)(5) An appointment is required for the CDL skills test.

(5)(6) To achieve a passing score on the skills test, the driver applicant must demonstrate that he/she can successfully perform all of the skills listed in Title 49 Code of Federal Regulations 383.113.

(6)(7) If the driver applicant does not obey traffic laws, commits a dangerous act, or causes a traffic crash during the test, he or she shall automatically fail the test.

(7)(8) The required tests in this rule shall be conducted in on-street conditions or under a combination of on-street and off-street conditions.

Rulemaking Authority 322.02(6) FS. Law Implemented 322.12(4), 322.57 FS. History–New 4-7-91, Amended 2-26-09,                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David Helton, Bureau Chief, Department of Highway Safety and Motor Vehicles

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Governor and Cabinet

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 10, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2016