You won’t believe what the FMCSA is considering after 14 years.
Many of you didn’t even have your CDL yet when this idea first came up.
The FMCSA wants new carriers to prove they know DOT regulations.
Wait… what?
Maybe this is actually a good idea.
Let’s get in the loop with Luke and discuss.
Why Is FMCSA Revisiting This Idea?
Since the FMCSA introduced the Entry-Level Driver Training (ELDT) rule — which established minimum training requirements for new drivers — it appears they may want to create something similar for new trucking companies.
That’s right:
A regulatory proficiency test for motor carriers.
But how did we even get here?
Glad you asked.
The History Behind the Proposed Rule
Back in 2009, the FMCSA considered implementing a proficiency examination as part of a revised New Entrant Safety Assurance Process that had been released the year before.
At the time, Congress had mandated increased oversight of new motor carriers because studies showed:
- New entrants had higher rates of non-compliance
- Many lacked basic safety management controls
- New carriers often received less oversight than established companies
And honestly…
That actually makes some sense.
The Motor Carrier Safety Improvement Act of 1999
Section 210 of the Motor Carrier Safety Improvement Act of 1999 introduced a two-part strategy to improve safety performance among new carriers.
Part One: New Entrant Safety Audits
The law required new entrant carriers to undergo a safety audit within their first 18 months of operating in interstate commerce.
This is still part of the FMCSA compliance process today.
And we’ll talk more about that shortly.
Part Two: Minimum Knowledge Requirements
The second part of the law proposed establishing minimum requirements for applicant motor carriers seeking operating authority.
The goal was to ensure new carriers understood:
- Federal Motor Carrier Safety Regulations (FMCSRs)
- Safety management responsibilities
- Basic compliance expectations
before receiving operating authority.
However…
That part never really went anywhere.
Until now.
What Is FMCSA Considering Now?
According to the Office of Management and Budget, a Supplemental Advance Notice of Proposed Rulemaking regarding the New Entrant Safety Assurance Process was scheduled for August 2023.
Peter Kurdock, General Counsel for Advocates for Highway and Auto Safety, told FreightWaves:
“New carriers need to take a standardized test to make sure they’re aware of and comply with federal safety regulations.”
He also stated:
“Why they haven’t done this yet is mind-boggling.”
The push for a carrier proficiency exam appears to be gaining momentum again.
Are New Entrant Safety Audits Enough?
This raises an important question:
Are current New Entrant Safety Audits sufficient?
These audits are designed to help new carriers understand the safety requirements necessary to operate compliantly under FMCSA regulations.
In many ways, the audit acts as:
- A teaching opportunity
- A compliance review
- A safety education process
But there’s also another side to the audit.
If carriers fail to demonstrate proper safety controls, the audit becomes pass/fail.
How New Entrant Audits Work
New Entrant Safety Audits may be conducted:
- In person
- Off-site electronically
During off-site audits, carriers upload documentation directly to the FMCSA for review.
Auditors may request records involving:
- Drivers
- Vehicles
- Drug and alcohol testing
- Hours-of-service compliance
- Safety procedures
- Recordkeeping systems
The purpose is to evaluate whether the carrier has functioning safety management controls in place.
The Problem With Current Audits
According to Michael Hoffman at CNS, many current online new entrant audits fail to properly educate carriers.
He explains:
“The standard online FMCSA safety audits for new entrants are a joke.”
According to Hoffman:
- Auditors often fail to explain regulations clearly
- Carriers don’t fully understand 49 CFR requirements
- Online audits lack educational value
However, Hoffman believes on-site audits provide a much better learning experience because investigators:
- Review all documentation thoroughly
- Explain regulations directly
- Educate carriers on why rules matter
- Conduct audits similar to real compliance investigations
That’s one reason why a formal proficiency test may actually make sense.
Will This Rule Actually Become Law?
That’s the million-dollar question.
Given how federal rulemaking works — especially during election cycles — there’s no guarantee a carrier proficiency testing requirement will actually become law anytime soon.
Creating, approving, and implementing a national testing standard for motor carriers would be a major regulatory undertaking.
Still, the fact that FMCSA continues revisiting this issue suggests increased scrutiny on new carriers is likely coming in some form.
Why Carrier Education Matters
Whether a formal test becomes law or not, one thing is clear:
New carriers need stronger compliance education.
Understanding DOT regulations helps fleets:
- Avoid violations
- Reduce audit risks
- Improve CSA scores
- Strengthen safety programs
- Protect operating authority
- Reduce insurance problems
The more proactive carriers are about compliance training, the stronger their long-term operations become.
CNS DOT Compliance Training
If you want to better understand DOT regulations and reduce compliance stress, CNS offers both:
- In-person DOT training
- Online DOT compliance training courses
Training programs are customized around:
- Company weaknesses
- Operational risks
- Compliance gaps
- Safety management needs
To learn more, contact CNS at:
📞 888-260-9448
Or click the link below in the bio.
And as always…
Stay safe out there.
