OOSC, Part I, Item 2. Operators's/Chauffeur's License or Permit (NON-CDL) - Revise Heading

The petitioner requests that the CVSA North American Standard Out-of-Service Criteria (OOSC), Part I, Driver Out-of-Service Criteria, Section 2 be amended to remove the word "permit" from the heading. The revised heading should read: "Operator’s/Chauffeur’s License (NON-CDL)." This change is intended to clarify that a non-CDL learner’s permit is not a sufficient credential to operate a commercial motor vehicle (CMV) in commerce, ensuring that only fully licensed and qualified drivers are recognized during roadside inspectors.

A learner’s permit is a restricted document for the purpose of instruction, not a substitute for a valid driver’s license. Under 49 CFR 391.11(b)(5), a driver is required to possess a "currently valid commercial motor vehicle operator’s license," with no regulatory allowance for a non-CDL permit. While Section 3B of the OOSC addresses Commercial Learner’s Permits (CLP), those operators already hold a base valid license. In contrast, non-CDL permit holders, particularly in jurisdictions like Massachusetts, are often inexperienced drivers who by law must be accompanied by a licensed operator. We have observed an increase in non-residents obtaining learner permits and immediately operating non-CDL CMVs for employment, often without the required supervision. Allowing the word "permit" to remain in Section 2 creates ambiguity that may lead roadside inspectors to accept a student driver as a qualified operator, posing a substantial risk to public safety.

It is requested that the CVSA OOSC Committee strike the word "permit" from Section 2 of the Driver Out-of-Service Criteria to align the handbook with the safety intent of the Federal Motor Carrier Safety Regulations. By refining this language to strictly specify "License," the CVSA will provide inspectors with the clear authority to place unqualified permit holders out of service. This modification will prevent the misuse of instructional permits for commercial employment and ensure that every driver operating a CMV, regardless of weight class, has demonstrated the full competency required to obtain a permanent license.