New Commercial Driving License Requirements Will Keep Louisiana Roads Safe

May 23, 2012

Recent changes to the commercial driver licensing (CDL) requirements issued by the Federal Motor Carrier Safety Administration (FMCSA) will better prepare commercial drivers and help keep roads safe for everyone.

In 2011, the FMCSA adopted a new commercial learner's permit regulation and toughened requirements for earning a CDL. It also changed the definition of "tank vehicle," which affected the endorsements on some individuals' CDLs. Even though the FMCSA gives states until July 8, 2014, to implement these changes, Louisiana started citing drivers for violations of the new rules and related truck driver negligence this past February and started implementing penalties for those citations in March.

The new commercial learner's permit, or CLP, will be required for all CDL applicants. Drivers must be at least 18 to obtain a CLP and CLPs must be active for at least 14 days before permit holders can apply for a full driver's license. A CLP holder can only be endorsed to carry restricted passengers, drive a school bus or operate a tank vehicle. CLP applicants will also experience tougher background checks and documentation requirements. Applicants for CLPs must meet the same requirements as applicants for CDLs, including a knowledge test administered by state using FMCSA-approved material.

Changes to the "tank vehicle" definition may have implications for current CDL holders. Now, the FMCSA defines a tank vehicle as a vehicle which transports liquid or gaseous materials in a tank that is permanently or temporarily fixed to the truck's chassis. The tank on a tank vehicle is rated for 119 gallons or more and aggregated to 1,000 gallons or more. Flatbed trucks carrying empty tanks that can carry 1,000 or more gallons are not considered tank vehicles. However, a flatbed truck carrying intermediate bulk containers containing material would be considered a tank vehicle because their containers are temporarily attached.

In 2003, a study by the National Center for Statistics and Analysis ranked Louisiana sixth in the nation for its rate of trucking accidents involving large commercial vehicles. The state had 1.9 accidents involving large trucks per 1000 miles of road. Nationally, in 2006, there were nearly 5,000 fatalities and 106,000 injuries involving large trucks. Tougher CDL and CLP requirements should help commercial drivers be better prepared for their work on the nation's roadways. Increasing trucker safety helps increase road safety for all users.

If you or a loved one has been injured or killed in an accident involving a large truck, please contact an experienced personal injury attorney to explore your legal options.

Article provided by Domengeaux, Wright, Roy & Edwards, L.L.C.
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