OOS, Part I, Item 3. Commercial Driver's License, b. Commercial Learner's Permit

The current OOSC lists a number of violations for the holder of a CLP that includes operating a commercial motor vehicle transporting passengers or school children. Under 49 CFR Parts 383.25(a)(5)(iii) and 383.153(b)(2)(viii)(C), a CLP holder is only allowed to operate an empty tank vehicle and is also prohibited from operating any tank vehicle that previously contained HM that has not been purged of any residue. Section 8 of the CDL manual also expressly states that CLP holders can only operate empty tank vehicles and cannot operate one that has not been purged of HM residue. The OOSC does not currently have this as an out of service violation. However, the whole purpose of the regulation is to ensure that a CLP holder is not learning in a vehicle that has unique, and sometimes difficult, handling characteristics when laden.

I believe there is a need to revisit the OOSC to include this as a specific OOS violation as, similar to allowing a CLP holder with a S endorsement to transport school children, this is an imminent hazard and presents a risk to not only the CLP holder, but other road users. It is not a violation of restrictions (392.2LCDLR), but is rather a lack of compliance with the terms of the endorsement.

I request that the DTE Committee consider adding to the 2027 OOSC the following under 3 Commercial Driver's License, b. Commercial Learner's Permit: (5) (a) Operating a tank vehicle that is not empty (b) Operating a tank vehicle that previously contained hazardous materials that has not been purged of any residue.