ATTENTION CDL APPLICANTS IMPACTED BY 2/4/22 STATE CLOSURE

From: Tim Doyle
Sent: Tuesday, February 8, 2022 12:41 PM
To: Tim Doyle <TimD@mmta.com>
Subject: CDL APPLICANTS IMPACTED BY FEBRUARY 4 STATE CLOSURE
Importance: High

Good afternoon,

As everyone in the Industry is, or should be aware, the ENTRY LEVEL DRIVER TRAINING rule went into effect on February 7, 2022.  Drivers who had earned a CLP or CDL endorsement prior to the effective date, were grandfathered from the requirements of ELDT.

Maine BMV had worked diligently to schedule as many CDL written and road tests as possible, prior to the effective date of ELDT.  As nature would have it, however, the State closed unexpectedly on Friday February 4th due to a snow storm, leaving around 150 drivers in Maine and many more in other states hit by the storm unable to take their CLP or endorsement written exam as scheduled.  This left those drivers with the possibility of having to comply with the ELDT rule…and having to attend training with a registered training provider in order to obtain their CDL or endorsement.

Maine BMV contacted FMCSA and FMCSA issue the following guidance with regard to those applicants impacted by the State’s closure:

“If a State Drivers Licensing Agency closed its offices due to severe weather, and a driver who had scheduled to take the knowledge test to obtain a CLP before February 7, 2022, or who completed the knowledge test before February 7, 2022, but was not issued a commercial learner’s permit (CLP) because the SDLA offices were closed, the individual is not subject to ELDT, if the individual completes the knowledge test and/or obtains a CLP on or before February 28, 2022.  FMCSA will not issue a finding of non-compliance should the State allow the individual to obtain a CLP without being subject to ELDT.”

“If an individual seeking to obtain the H endorsement initiated a TSA Security Threat Assessment (STA) before February 7, 2022, but is unable to take and pass the HM endorsement knowledge test before February 7, 2022, due to delays with completion of the TSA STA, the individual is not subject to ELDT for the HM endorsement.  FMCSA will not issue a finding of non-compliance should the State allow the individual to take the HM endorsement knowledge test without having completed the appropriate entry-level driver theory training prior to the test when the test is administered on or after February 7, 2022.”

If you have a driver who was scheduled for their CLP or endorsement written exam on February 4th, they will be contacted by Maine BMV to reschedule their exam.  If the driver completes the exam on or before February 28, 2022, they will be grandfathered from ELDT.  This is a one-time opportunity. This guidance only impacts those drivers who had been scheduled and were impacted by the state’s closure due to the storm.

Timothy Doyle
Vice President
Maine Motor Transport Association
Phone: (207)623-4128
Fax: (207)623-4096
www.mmta.com