LegiStorm

Summary:

The Department of Transportation’s (DOT’s) Federal Motor Carrier Safety Administration (FMCSA) develops and issues standards for states’ testing and licensing of commercial motor vehicle (CMV) drivers. FMCSA has the authority to establish pilot programs to test changes to commercial driver licensing requirements. FMCSA established the Safe Driver Apprenticeship Pilot (SDAP) Program on January 14, 2022, to meet requirements in Section 23022 of the Infrastructure Investment and Jobs Act (IIJA; P.L. 117-58). Section 23022 of the IIJA requires the Secretary of Transportation to submit a report to Congress in March 2026 that is to provide a recommendation, based on data collected, of whether the level of safety achieved by the pilot program is similar or more than the level of safety, as determined by FMCSA, for CMV drivers aged 21 years or older. The SDAP program is the second congressionally directed pilot program for truck drivers under 21 years of age. Since 2014, there has been federal support for programs to train CMV drivers under 21 years old due to concerns of an aging workforce and employee turnover. Between 2014 and 2024, there has been a decline of 8.5%, or nearly 114,000 drivers, in the truck transportation industry. FMCSA began receiving applications for the SDAP program from motor carriers, apprentices, and experienced drivers on July 26, 2022, and is to conclude the pilot program in November 2025. Although not statutorily required, FMCSA has made program enrollment data publicly available. Based on these data, participation in the SDAP program did not rise rapidly in the first calendar year, 2023. In 2023, the program received a total of 36 applications for apprentices, or commercial driver’s license (CDL) holders between 18 and 20 years of age, all of whom were enrolled in the program. The 36 apprentice participants comprise 1.2% of the allowed number of apprentice participants (3,000) from Section 23022 of the IIJA. During the same period, the program enrolled 34 motor carriers, or 3.4% of allowed motor carriers (1,000) expected by DOT. In 2023, DOT received a total of 112 motor carrier applications, and 30.4% (34 motor carriers) were approved for participation in the SDAP program. Other motor carrier applicants either did not meet DOT’s qualifications (33.9%) or met DOT’s qualifications but did not register their apprenticeship program with the Department of Labor (DOL) (32.1%). In 2024, Congress modified the SDAP program through provisions in the Consolidated Appropriations Act, 2024 (P.L. 118-42). As a result of the changes, DOT can no longer require motor carriers to register their apprenticeship programs with DOL or require them to use inward/rear facing cameras to collect safety data. As of October 2024, FMCSA has not published program enrollment updates for 2024. In advance of the SDAP program’s termination, Congress may wish to consider various policy options that would change the existing trajectory of the program. Congress could provide further oversight of the SDAP program, establish a permanent apprenticeship program, initiate a new pilot program, or discontinue the SDAP program. If Congress decides to provide further oversight of the program prior to termination, Congress could direct DOT to complete preliminary reporting of SDAP program performance in advance of DOT’s statutory reporting requirements in Section 23022 of the IIJA. If Congress is satisfied with the results of the SDAP program, Congress may wish to establish a permanent apprenticeship program. If Congress were to establish a permanent apprenticeship program, Congress may consider administration alignment between DOT and DOL to improve the administrative efficiency of apprenticeships. Alternatively, Congress may wish to direct DOT to initiate a new pilot program based on the findings from related studies and reports. If Congress decides to discontinue the SDAP program, CMV drivers under 21 years old would not be allowed to participate in interstate commerce per existing regulatory standards.