(B) Procedures for dealing with disruptive passengers.
    (x) Americans with Disabilities Act (ADA) compliance. Along with
learning the proper operation of accessibility equipment (e.g., lifts),
driver-trainees must receive instruction regarding the applicable
regulations and proper procedures for engaging persons with
disabilities or special needs under the ADA. Training must cover
passengers with mobility issues, engaging passengers with sight,
hearing or cognitive impairments, and recognizing the permitted use of
service animals. Driver-trainees must receive sensitivity training and
be familiar with applicable regulations (49 CFR part 37 subpart H).
    (xi) Hours of service (HOS) requirements. Driver-trainees must
receive instruction regarding HOS regulations that apply to drivers for
interstate passenger carriers. Driver-trainees must receive instruction
in the basic activities required by the HOS regulations, such as
completing a Driver's Daily Log (electronic and paper), timesheet, and
logbook recap, as appropriate. Driver-trainees must receive basic
training in how to recognize the signs of fatigue, and basic fatigue
countermeasures as a means to avoid crashes.
    (xii) Safety belt safety. Driver-trainees must be instructed in the
Federal rules (Sec.  392.16 of this chapter) governing the proper use
of safety restraint systems (i.e., seat belts) by CMV drivers.
    (xiii) Distracted driving. Driver-trainees must receive instruction
regarding FMCSA regulations that prohibit bus drivers from texting or
using hand-held mobile phones while operating their vehicles; and must
be instructed in the serious consequences of violations, including
crashes, heavy fines, impacts on a motor carrier's and/or driver's
safety records, and/or driver disqualification.
    (xiv) Railroad (RR)-highway grade crossings. This unit must
instruct driver-trainees in applicable regulations, techniques, and
procedures for navigating RR-highway grade crossings appropriate to
passenger buses.
    (xv) Weigh station obligations. Driver-trainees must receive
instruction regarding weigh-station regulations that apply to buses and
the fines applicable to drivers who unlawfully pass or avoid weigh
stations.
    (xvi) Security and crime. Driver-trainees must receive instruction
in basic techniques for recognizing and minimizing risks from criminal
activities.
    (xvii) Commercial Vehicle Safety Alliance (CVSA) North American
out-of-service criteria. Driver-trainees must receive instruction in
the applicable regulations for conducting CVSA Level I-VII inspections
for buses, including the vehicle defects and driver violations that can
result in out-of-service (OOS) orders, and consequences for violating
OOS orders. Training providers should provide driver-trainees with a
CVSA manual.
    (xviii) Penalties and fines. Driver-trainees must receive
instruction concerning the potential consequences of violating driver-
related regulations, including impacts on driver and motor carrier
safety records, adverse impacts on the driver's Pre-employment
Screening Program record; financial penalties for both the driver and
carrier; and possible loss of CMV driving privileges.
    (2) Range and public road. The instructor must engage in active
two-way communication with the driver-trainees during all active
training sessions and evaluate the driving competence of the driver-
trainees during all road training.
    (i) Commercial Vehicle Safety Alliance (CVSA) North American out-
of-service criteria. Driver-trainees must

demonstrate their knowledge of applicable regulations for conducting
CVSA Level I-VII inspections for buses, including the vehicle defects
and driver violations that can result in out-of-service (OOS) orders,
and consequences for violating OOS orders. Training providers should
furnish driver-trainees with a CVSA manual.
    (ii) Vehicle orientation. Training providers must familiarize
driver-trainees with basic bus physical and operational characteristics
including overall height, length, width, ground clearances, rear
overhang, gross vehicle weight and gross vehicle weight rating, axle
weights, tire ratings, mirrors, steer wheels, lighting, windshield,
windshield wipers, engine compartments, basic electric system, and
spare tire storage. Additionally, driver-trainees must receive
instruction in techniques for proper seat and mirror adjustments.
    (iii) Pre-trip, enroute, and post-trip inspection. (A) Driver-
trainees must demonstrate their ability to conduct such pre-trip,
enroute and post-trip inspections of buses and key components,
including, but not limited to:
    (1) Bus mechanical condition;
    (2) Brakes;
    (3) Tires (including tire pressure);
    (4) Emergency exits;
    (5) Emergency Equipment;
    (6) Bus interiors (including passenger seats as applicable);
    (7) Restrooms and associated environmental requirements;
    (8) Temperature controls (for maintaining passenger comfort);
    (9) Driver and passenger seat belts; and
    (10) Mirrors.
    (B) Additionally, driver-trainees must demonstrate their knowledge
of procedures, as applicable, in security-related inspections,
including inspections for unusual wires or other abnormal visible
materials, interior and exterior luggage compartments, packages or
luggage left behind, and signs of cargo or vehicle tampering.
    (C) Driver-trainees must know how to operate cycling-accessible
lifts and the procedures for inspecting them for functionality and
defects.
    (iv) Baggage and/or cargo management. In this unit, driver-trainees
must demonstrate their ability to:
    (A) Properly handle passenger baggage and containers to avoid
worker, passenger, and non-passenger related injuries and property
damage;
    (B) Visually inspect baggage and containers for prohibited items
such as hazardous materials;
    (C) Properly handle and secure devices associated with ADA
compliance including oxygen, wheeled mobility devices, and other
associated apparatuses; and
    (D) Identify prohibited and acceptable Class 1 (explosives),
Hazardous Materials, articles other than Class 1 (explosive) materials,
Division 6.1 (poisonous) or Division 2.3 (poisonous gas), Class 7
(radioactive) materials as specified in 49 CFR part 177 subpart E and
remove prohibited materials as appropriate.
    (iv) Passenger safety awareness briefing. Driver-trainees must
demonstrate their ability to brief passengers on safety on topics
including: fastening seat belts, emergency exits, emergency phone
contact information, fire extinguisher location, safely walking in the
aisle when the bus is moving, and restroom emergency push button or
switch.
    (v) Passenger management. In this unit, driver-trainees must
demonstrate their ability to safely load and unload passengers prior to
departure and to deal with disruptive passengers.
    (vi) Railroad-highway grade crossings. This unit must instruct
driver-trainees in applicable regulations, techniques, and procedures
for navigating railroad crossings appropriate to passenger buses.

Sec.  380.621  School bus endorsement training curriculum.

    (a) This section sets forth the training requirements and
curriculum that a CMV driver seeking a school bus endorsement (S) on
his or her CDL must successfully complete in order to receive the S
endorsement.
    (b) There is no required minimum number of instruction hours for
any portion of this training, but the training provider must cover all
the topics identified in paragraph (d).
    (c) The training must be conducted in a representative vehicle for
the S endorsement involved.
    (d) School bus (S) entry-level driver training curriculum. The
school bus endorsement training must, at a minimum, include the
following:
    (2) Theory--(i) Danger zones and use of mirrors. This unit must
instruct driver-trainees regarding the danger zones that exist around
the school bus and the techniques to ensure the safety of those around
the bus. These techniques include correct mirror adjustment and usage.
The types of mirrors and their use must be discussed, as well as the
requirements found in Federal Motor Vehicle Safety Standard (FMVSS) 111
(49 CFR 571.111). Driver-trainees must be informed of the dangers of
``dart-outs.'' Driver-trainees also must be instructed on the
importance of training students how to keep out of the danger zone when
around school buses and the techniques for doing so.
    (ii) Loading and unloading. Driver-trainees must be instructed on
the State and local laws and procedures for loading and unloading, as
well as the required procedures for students waiting at a bus stop and
crossing the roadway at a bus stop. Special dangers involved in loading
and unloading must be specifically discussed, including procedures to
ensure the danger zone is clear and that no student has been caught in
the doorway prior to moving the vehicle Instruction also must be
included on the proper use of lights, stop arms, crossing gates, and
safe operation of the door during loading and unloading; the risks
involved with leaving students unattended on a school bus; and the
proper techniques for checking the bus for sleeping children and lost
items at the end of each route.
    (iii) Post-crash procedures. This unit must instruct driver-
trainees instruction on the proper procedures following a school bus
crash. Training must include instruction on tending to injured
passengers, post-crash vehicle securement, notification procedures,
deciding whether to evacuate the bus, data gathering, and interaction
with law enforcement officials.
    (iv) Emergency exit and evacuation. Driver-trainees must receive
instruction on their role in safely evacuating the bus in an emergency
and planning for an emergency in advance. Training must include proper
evacuation methods and procedures, such as the safe evacuation of
students on field and activity trips who only occasionally ride school
buses and thus may not be familiar with the procedures.
    (v) Railroad-highway grade crossings. Driver-trainees are made
aware of the dangers trains present and the importance of the school
bus driver and students strictly following railroad crossing
procedures. Instruction must be given on the types of crossings,
warning signs and devices, and State and local procedures and
regulations for school buses when crossing railroad-highway grade
crossings.
    (vi) Student management. Driver-trainees must receive instruction
on their responsibility to manage student behavior on the bus to ensure
that safety is maintained and the rights of others are respected.
Specific student management techniques must be discussed, including
warning signs of bullying and the techniques for managing student
behavior and

administering discipline. Driver-trainees must learn techniques to
avoid becoming distracted by student behavior while driving, especially
when crossing railroad tracks and during loading and unloading. Driver-
trainees also must learn techniques for handling serious problems
arising from student behavior.
    (vii) Antilock-braking systems. Driver-trainees must be provided an
overview of anti-lock braking systems (ABS). Topics discussed must
include which vehicles are required to have ABS, how ABS helps the
driver, techniques for braking with ABS, procedures to follow if ABS
systems malfunction, and general ABS safety reminders.
    (viii) Special safety considerations. This unit must cover special
safety considerations and equipment in school bus operations. Topics
discussed must include use of strobe lights, driving in high winds,
safe backing techniques, and preventing tail swing crashes.
    (ix) Pre- and post-trip inspections. Driver-trainees must receive
an overview of the pre- and post-trip inspection requirements unique to
school bus equipment, such as mirrors, stop arms, crossing arms,
emergency exits, fire extinguishers, passenger seats, first aid kits,
interior lights, and internal vehicle conditions. Driver-trainees must
be instructed in State and local procedures, as applicable, for
inspection of school bus equipment.
    (x) School bus security. This unit must cover the security issues
facing school bus drivers. Driver-trainees must be made aware of
potential security threats, techniques for preventing and responding to
security threats, how to recognize and report suspicious behavior, and
what to do in the event of a hijacking or attack on a school bus.
    (xi) Route and stop reviews. Driver-trainees must be made aware of
the importance of planning their routes prior to beginning driving in
order to avoid distraction while on the road. They must learn
techniques for reviewing routes and stops, as well as State and local
procedures for reporting hazards along the route and at bus stops.
    (xii) Night operation. Driver-trainees must learn about the special
challenges presented when operating a school bus at night and the
techniques for driving safely at times of darkness, such as during a
thunderstorm.
    (2) Range and public road--(i) Danger zones and use of mirrors.
Driver-trainees must demonstrate the techniques necessary to ensure the
safety of persons in the danger zone around the bus. Driver-trainees
must be practice mirror adjustment and usage. The types of mirrors and
their use are shown and cones are set up to demonstrate the
requirements of 49 CFR 571.111.
    (ii) Loading and unloading. Driver-trainees must practice the
loading and unloading techniques learned in the theory portion of the
training. Driver-trainees must practice checking the vehicle for
sleeping children and lost items at the end of the route.
    (iii) Emergency exit and evacuation. Driver-trainees must practice
their role in safely evacuating the bus in an emergency.
    (iv) Special safety considerations. Driver-trainees must practice
safe backing techniques and demonstrate their ability to avoid tail
swing crashes by using reference points when making turns.
    (v) Pre- and post-trip inspections. Driver-trainees must practice
pre-and post-trip inspections of school bus-specific equipment, such as
mirrors, stop arms, crossing arms, emergency exits, fire extinguishers,
passenger seats, first aid kits, interior lights, and internal vehicle
conditions.
    (vi) Railroad-highway grade crossings. Driver-trainees must
practice proper procedures for safely crossing railroad-highway grade
crossing in a school bus.

Sec.  380.623  Hazardous materials endorsement training curriculum

    (a) This section sets forth the training requirements and
curriculum that a CMV driver seeking a hazardous materials endorsement
(H) on his or her CDL must successfully complete in order to receive
the H endorsement.
    (b) There is no required minimum number of instruction hours for
theory training, but the training provider must cover all the topics in
the curriculum in paragraph (c) of this section.
    (c) Hazardous materials entry-level driver training curriculum. The
hazardous materials (HM) curriculum must, at a minimum, include the
following:
    (1) Theory--(i) Basic introductory HM requirements. Driver-trainees
must learn the basic HM competencies, including applicability
requirements when HM is being transported. Driver-trainees must also be
instructed in the HM communication requirements including: shipping
paper requirements; marking; labeling; placarding; emergency response
information; and shipper's responsibilities.
    (ii) Operational HM requirements. Driver-trainees must learn the
basic competencies for transportation of HM (i.e., vehicle operation).
    (iii) Reporting HM crashes and releases. Driver-trainees must learn
the proper procedures and contacts for the immediate notification
related to certain HM incidents, including instruction in the proper
completion and submission of HM Incident Reports.
    (iv) Tunnels and railroad (RR)-highway grade crossing requirements.
Driver-trainees must learn the proper operation of an HM vehicle at RR-
highway grade crossings and in vehicular tunnels.
    (v) Loading and unloading HM. Driver-trainees must learn the proper
loading and unloading procedures for hazardous material cargo. Driver-
trainees must also learn the requirements for proper segregation and
securement of HM, and the prohibitions on transporting certain solid
and liquid poisons with foodstuffs.
    (vi) HM on passenger vehicles. Driver-trainees must learn the
various requirements for vehicles transporting passengers and property,
and the types and quantities of HM that can and cannot be transported
in these vehicles/situations.
    (vii) Bulk packages. (A) Driver-trainees must learn the specialized
requirements for transportation of cargo in bulk packages, including
cargo tanks, intermediate bulk containers, bulk cylinders and portable
tanks. The unit must include training in the operation of emergency
control features, special vehicle handling characteristics, rollover
prevention, and the properties and hazards of the HM transported.
    (B) Driver-trainees must learn methods specifically designed to
reduce cargo tank rollovers including, but not limited to, vehicle
design and performance, load effects, highway factors, and driver
factors.
    (viii) Operating emergency equipment. Driver-trainees must learn
the applicable requirements of the FMCSRs and the procedures necessary
for the safe operation of the motor vehicle. This includes training in
special precautions for fires, loading and unloading, operation of
cargo tank motor vehicle equipment, and shut-off/shut-down equipment.
    (ix) Emergency response procedures. Driver-trainees must learn the
proper procedures and best practices for handling an emergency response
and post-response operations, including what to do in the event of an
unintended release of an HM. All training, preparation, and response
efforts must focus on the hazards of the materials that have been
released; and the protection of people, property, and the environment.
    (x) Engine (fueling). Driver-trainees must learn the procedures for
fueling a vehicle that contains HM.
    (xi) Tire check. Driver-trainees must learn the proper procedures
for

checking the vehicle tires at the start of a trip and each time the
vehicle is parked.
    (xii) Routes and route planning. Driver-trainees must learn the
proper routing procedures that they are required to follow for the
transportation of radioactive and non-radioactive HM.
    (xiii) Hazardous materials safety permits (HMSP). Driver-trainees
must be instructed in the proper procedures and operational
requirements including communications, constant attendance, and parking
that apply to the transportation of an HM for which an HMSP is
required.

Sec.  380.625  Refresher training curriculum.

    (a) This section sets forth the training requirements and
curriculum that a CDL holder who is disqualified from operating a CMV,
must complete in order to reapply for a CDL.
    (b) There is no required minimum number of instruction hours for
any portion of the curriculum, but the training provider must cover all
the topics in the curriculum in paragraph (d) of this section.
    (c) The training must be conducted in a representative vehicle
consistent with the driver's CDL Class and/or endorsement for which the
driver is reapplying.
    (d) Entry-level driver training refresher curriculum. The refresher
curriculum must, at a minimum, include the following:
    (1) Theory--(i) Post-crash procedures. Including post-crash
procedure training early in the curriculum may enhance the impact of
subsequent training and have a positive influence in reducing crashes.
Accordingly, driver-trainees must learn appropriate post-crash
procedures, including the requirement that, if possible, the driver
assess his or her physical condition immediately after the crash and
notify authorities, or assign the task to other individuals at the
crash scene. Also, driver-trainees must learn how to obtain emergency
medical assistance; move on-road vehicles off the road in minor crashes
so as to avoid subsequent crashes or injuries; engage flashers; and
place triangles. The following topics must also be covered:
responsibilities for assisting injured parties and Good Samaritan Laws;
driver legal obligations and rights, including rights and
responsibilities for engaging with law enforcement personnel; and the
importance of learning company policy on post-crash procedures. Driver-
trainees must also learn the techniques of photographing the scene;
obtaining witness information; skid measurements; and assessing
signage, road, and weather conditions.
    (ii) Alcohol and controlled substances. Driver-trainees must be
instructed in the Federal regulations on driving under the influence of
alcohol or controlled substances and the potential consequences for
violating the regulations. (See part 382 and Sec. Sec.  392.4 and 392.5
of this chapter)
    (iii) Driver fatigue and wellness. Driver-trainees must be
instructed in the extreme safety risks associated with fatigued
driving, and the risks and potential consequences, including legal
consequences for the driver, of causing a crash due to fatigued
driving.
    (iv) Hours of service (HOS) and records of duty status/logbooks.
Driver-trainees must learn the basic applicable concepts and HOS
requirements; and must practice completing a Driver's Daily Log
(electronic and paper), timesheet, and logbook recap as appropriate.
    (v) Seat belt safety. Driver-trainees must be instructed in the
Federal rules (Sec.  392.16 of this chapter) governing the proper use
of safety restraint systems (i.e., seat belts) by CMV drivers.
    (vi) Distracted driving. Driver-trainees must be instructed in the
``key'' driver distraction issues, including improper cell phone use,
texting, and use of in-cab technology. This includes training in the
following aspects: visual attention (keeping eyes on the road); manual
control (keeping hands on the wheel); and cognitive awareness (keeping
mind on the task and safe operation of the CMV).
    (vii) Serious traffic violations while operating a CMV. Driver-
trainees must be instructed in Federal regulations in Sec.  383.51 of
this chapter pertaining to the potential disqualification of drivers
for violations such as following too closely; improper lane changes;
driving 15 mph or more over the speed limit; and reckless driving.
    (viii) CDL holder committing serious traffic violations while
operating a non-CMV. Driver-trainees must be instructed in Federal
regulations in Sec.  383.51 of this chapter pertaining to the potential
disqualification of drivers--for driving violations off the job, i.e.,
while not operating a CMV. Driver-trainees must learn that CDL holders
are held to a higher standard as the CDL is a professional license.
    (ix) Safe operating procedures. Driver-trainees must be taught how
to apply their basic operating skills in a way that ensures their
safety and that of other road users under various road, weather, and
traffic conditions as follows.
    (x) Visual search. Driver-trainees must be taught how to visually
search the road for potential hazards and critical objects, including
instruction on recognizing distracted pedestrians and/or distracted
drivers. This unit must include instruction in how to ensure a driver-
trainee's personal security/general awareness in common surroundings
such as truck stops, rest areas, and at shipper/receiver locations.
    (xi) Vehicle communications. This unit must enable driver-trainees
to communicate their intentions to other road users (e.g., proper
signaling). Driver-trainees must learn techniques for different types
of communication on the road, including proper use of headlights, turn
signals, four-way flashers, and horns. Instruction in proper
utilization of eye contact techniques with other drivers and
pedestrians must be covered in this unit.
    (xii) Speed management. This unit must instruct driver-trainees in
managing speed effectively in response to various road, weather, and
traffic conditions. Driver-trainees must understand that driving
competency cannot compensate for excessive speed. Instruction must
include methods for calibrating safe following distances under an array
of conditions including traffic, weather and CMV weight and length.
    (xiii) Space management. In this unit driver-trainees will learn
how to manage the space around the vehicle for safe operation. Emphasis
must be placed upon maintaining appropriate space surrounding the
vehicle under various traffic and road conditions.
    (xiv) Night operation. Driver-trainees must be instructed in how to
operate a CMV safely at night. Heightened emphasis must be placed upon
the factors affecting the safe operation of CMVs at night and in
darkness. Driver-trainees must understand that night driving presents
specific factors that require special attention on the part of the
driver. Driver-trainees must be instructed in special requirements for
vehicle safety inspection, vision, communications, speed, space
management and proper use of lights, as needed, to deal with the unique
problems night driving presents.
    (xv) Extreme driving conditions. This unit must provide instruction
addressing driving under extreme conditions. Emphasis must be placed
upon the factors affecting the operation of CMVs in cold, hot, and
inclement weather and on steep grades and sharp curves. Driver-trainees
must understand the changes in basic driving habits needed to deal with
the specific problems presented by these conditions. Driver-trainees
also must be instructed

in proper tire chaining procedures in this unit.
    (2) Advanced operating practices. Driver-trainees must learn the
perceptual skills necessary to recognize potential hazards.
    (i) Hazard perception. The unit must provide instruction in
recognizing hazards in time to reduce the severity of the hazard and
neutralize possible emergency situations. Driver-trainees must learn to
identify road conditions and other road users who are a potential
threat to the safety of the combination vehicle and suggest appropriate
adjustments, e.g. defensive maneuvers. Emphasis must be placed upon
hazard recognition, visual search, adequate surveillance, and response
to possible emergency-producing situations encountered by CMV drivers.
Driver-trainees also must be instructed to recognize potential dangers
and the appropriate safety procedures to utilize while driving in
construction/work zones.
    (ii) Emergency maneuvers/skid avoidance. This unit must prepare
driver-trainees to carry out appropriate responses when faced with CMV
emergencies, such as evasive steering, emergency braking, and off-road
recovery. Driver-trainees must also learn how to respond to brake
failures, tire blowouts, hydroplaning, skidding, jackknifing, and
rollovers. The discussion must include a review of unsafe acts and the
role they play in producing hazardous situations.
    (iii) Skid control and recovery. This unit must teach the causes of
skidding and jackknifing and techniques for avoiding and recovering
from them. Driver-trainees must be able to maintain directional control
and bring the CMV to a stop in the shortest possible distance while
operating over a slippery surface.
    (iv) Railroad (RR)-highway grade crossings. Driver-trainees must
learn to recognize potential dangers and appropriate safety procedures
to utilize at RR-highway grade crossings, including an overview of
various State RR-highway grade crossing regulations. Instruction must
also include the following topics: RR-highway grade crossing
environment, obstructed view, clearance around the tracks, and
knowledge of rail signs and signals.
    (v) Roadside inspection/communication with law enforcement. Driver-
trainees must be taught the value of effective interpersonal
communications and skills to properly interact with law enforcement
officials during the roadside CMV inspection process and what to expect
during this activity.
    (vi) Medical certificate/personal health and wellness. Driver-
trainees must learn the Federal regulations in subpart E of part 391 of
this chapter on medical certification and medical examination
procedures. Driver-trainees must learn about driver wellness, basic
health maintenance including diet and exercise, and the importance of
avoiding excessive use of alcohol.
    (v) Whistleblower/coercion. The right of an employee to question
the safety practices of an employer without incurring the risk of
losing a job, or being subject to reprisals simply for stating a safety
concern must be included in this unit. Driver-trainees must become
familiar with the whistleblower protection regulations in 29 CFR part
1978. Driver-trainees must learn procedures for reporting to FMCSA
incidents of coercion from motor carriers, shippers, receivers, or
transportation intermediaries.
    (vi) Driver/public safety importance. Training must emphasize the
fact that the CMV driver is the most important component of the motor
carrier operation and highway/public safety. Driver-trainees must
understand they are responsible for the safety of the operation, the
load, and the equipment.
    (vii) Emergency stopping, crashes, incidents. Driver-trainees must
be instructed in carrying out the appropriate responses when faced with
CMV emergencies. This instruction must specifically include discussion
of evasive steering, emergency braking and off-road recovery, as well
as the proper response to brake failures, tire blowouts, hydroplaning,
skidding, jackknifing, and rollovers. This instruction must include a
review of unsafe acts and the role they play in producing hazardous
situations.
    (3) Range--(i) Pre-trip and post-trip inspections. Driver-trainees
must learn the importance of vehicle inspections and must develop the
skills necessary for conducting pre-trip, enroute, and post-trip
inspections. Driver-trainees must demonstrate the ability to perform a
pre-trip inspection under 49 CFR 396.13 and a post-trip inspection
under Sec.  396.11 of this chapter. This unit must include a review of
CMV parts and accessories including brakes and components.
    (ii) Load securement. Driver-trainees must learn the basic theory
of cargo weight distribution, cargo securement on the vehicle, cargo
covering, and demonstrate techniques for safe and efficient loading,
and properly securing the cargo under 49 CFR 392.9 and Sec. Sec.
393.100 through 393.136 of this chapter.
    (4) Public road. Driver-trainees demonstrate the practices required
for safe operation of the CMV on a public road. This unit must include
training in basic operation and vehicle maneuvers under Sec.  391.31
(Skills and Knowledge) of this chapter. Driver-trainees must be taught
how to apply their basic operating skills in a way that ensures their
safety and that of other road users under various road, weather, and
traffic conditions.
0
4. Add subpart G to read as follows:
Subpart G--Registry of Entry-Level Driver Training Providers
Sec.
380.700 Scope.
380.703 Requirements for the training provider registry.
380.707 Entry-level training provider.
380.709 Facilities.
380.711 Equipment.
380.713 Driver-instructor qualifications/requirements.
380.715 Assessments.
380.717 Training certification.
380.719 Requirements for continued listing on the training provider
registry.
380.721 Removal from Training Provider Registry: factors considered.
380.723 Removal from Training Provider Registry: procedure.
380.725 Documentation and record retention.

Subpart G--Registry of Entry-Level Driver Training Providers

Sec.  380.700  Scope.

    The rules in this subpart establish the eligibility requirements
for listing on FMCSA's Training Provider Registry (TPR). Drivers
seeking ELDT may use only providers listed on the TPR to comply with
this part.

Sec.  380.703  Requirements for the training provider registry.

    (a) To be eligible for listing on the TPR, an entity must:
    (1) Follow a curriculum that meets the criteria set forth in Sec.
380.613, 380.615, 380.619, 380.621, 380.623, or 380.625, as applicable;
    (2) Utilize facilities that meet the criteria set forth in Sec.
380.709;
    (3) Utilize vehicles that meet the criteria set forth in Sec.
380.711;
    (4) Utilize driver training instructors that meet the criteria set
forth in Sec.  380.713;
    (5) Allow FMCSA or its authorized representative to audit or
investigate the training provider's operations to ensure that the
provider meets the criteria set forth in this section.
    (6) Submit to FMCSA an Entry-Level Driver Training Provider
Identification Report and attest that the training provider meets all
the applicable requirements of this section to obtain a

unique TPR number. If a training provider has more than one campus or
training location, the training provider must submit an Entry-Level
Driver Training Provider Identification Report for each campus or
training location in order to obtain a unique TPR number for each
location.
    (7) Create and maintain driver-trainee records of completion and/or
withdrawal in accordance with Sec.  380.725.
    (b) When a provider meets the requirements of Sec. Sec.  380.703
and 380.707, FMCSA will issue the provider a unique TPR number and add
the provider's name and contact information to the TPR Web site.

Sec.  380.707  Entry-level training provider.

    (a) Training providers must require that all accepted applicants
for public road training meet minimum U.S. DOT regulations--as well as
other Federal, State, and/or local laws--related to drug screening,
controlled substances testing, age, medical certification, licensing,
and driving record.
    (b) Behind-the-wheel (BTW) driving (range and public road), must
include the required driving maneuvers in Sec.  380.613, 380.615,
380.619, 380.621, or 380.625, as applicable.
    (c) Theory and range instruction must include all elements
identified in Sec.  380.613, 380.615, 380.619, 380.621, 380.623, or
380.625, as applicable.
    (d) Providers that train more than three driver-trainees annually
must provide training materials to each driver-trainee that address the
applicable curriculum identified in Sec.  380.613, 380.615, 380.619,
380.621, 380.623, or 380.625. Providers that train three or fewer
driver-trainees are not subject to this requirement.
    (e) Separate training providers may deliver the theory and BTW
portions of the training.

Sec.  380.709  Facilities.

    (a) The training provider's classroom and range facilities must
comply with all applicable Federal, State, and/or local statutes and
regulations.
    (b) Training providers who teach the range portion of the
curriculum must have an instructor present on site to demonstrate
applicable skills and correct deficiencies of individual students.
    (c) The range must be free of obstructions, enable the driver to
maneuver safely and free from interference from other vehicles and
hazards, and have adequate sight lines.

Sec.  380.711  Equipment.

    (a) All vehicles used in the behind-the-wheel (BTW) range training
must be in safe mechanical condition.
    (b) Vehicles used for BTW road training must comply with applicable
Federal and State safety requirements.
    (c) Training vehicles must be in the same class (A or B) and type
(bus or truck) that driver-trainees intend to operate for their CDL
skills test.

Sec.  380.713  Driver-instructor qualifications/requirements.

    (a) Theory training providers must utilize instructors who are
either an experienced driver or a theory instructor as defined in Sec.
380.605.
    (b) BTW training providers must utilize experienced drivers as
defined in Sec.  380.605. BTW training instructors, during the two
years prior to engaging in BTW instruction, must not have had any CMV-
related convictions for the offenses identified in Sec.  383.51(b)
through (e). Training providers must utilize only public road BTW
instructors whose driving record meets applicable Federal and State
requirements.

Sec.  380.715  Assessments.

    Driver-trainees must successfully complete a course of instruction
that meets the applicable entry-level driver training curriculum
requirements.
    (a) Training providers must use assessments (in written or
electronic format) to demonstrate driver-trainees' proficiency in the
knowledge objectives in the theory portion of each unit of instruction
in Sec.  380.613, 380.615, 380.619, 380.621, 380.623, or 380.625. The
driver-trainee must receive an overall score of 80% or above on the
assessment.
    (b) Training instructors must assess driver-trainee proficiency on
the range in pre-trip inspections, fundamental vehicle control skills,
and routine driving procedures for the appropriate vehicle in
accordance with the curricula in Sec.  380.613, 380.615, 380.619,
380.621, or 380.625.
    (c) Training instructors must evaluate a driver-trainee's
proficiency in BTW driving skills on a public road. The instructor must
observe specified driving maneuvers required in Sec.  380.613, 380.615,
380.619, 380.621, or 380.625, as applicable. BTW public road
assessments must be administered in a vehicle of the class (A or B) and
type (bus or truck) that the driver-trainees will operate for the CDL
skills test.

Sec.  380.717  Training certification.

    After an individual successfully completes training administered by
a provider on the TPR, that provider must, by close of the next
business day after the driver-trainee completes the training, upload
the training certification including the following:
    (a) Driver-trainee name, CDL/CLP number, and State of licensure;
    (b) Vehicle class and/or endorsement training the driver-trainee
received;
    (c) Name of the training provider and its unique TPR identification
number; and
    (d) Date of successful training completion.

Sec.  380.719  Requirements for continued listing on the training
provider registry.

    (a) To be eligible for continued listing on the TPR, a provider
must:
    (1) Meet the requirements of this subpart and the applicable
requirements of elements of Sec.  380.703 of this chapter.
    (2) Biennially provide an updated Entry-Level Driver Training
Provider Identification Report to FMCSA.
    (3) Report to FMCSA changes to key information, as identified in
paragraph (a)(3)(i) of this section, submitted under Sec.  380.703
within 30 days of the change.
    (i) Key information is defined as training provider name, address,
phone number, type of training offered, training provider status, and
any change in State licensure, certification, or accreditation status.
    (ii) Changes must be reported by submitting an updated Entry-Level
Driver Training Provider Identification Report to FMCSA.
    (4) Be licensed, certified, registered, or authorized to provide
training in accordance with the applicable laws and regulations of each
State where training is provided.
    (5) Maintain documentation of State licensure, registration, or
certification verifying that the provider is authorized to provide
training in that State, if applicable.
    (6) Allow an audit or investigation of the training provider to be
completed by FMCSA or its authorized representative, if requested.
    (7) Ensure that all required documentation is available upon
request to FMCSA or its authorized representative. The provider must
submit this documentation within 48 hours of the request.

Sec.  380.721  Removal from Training Provider Registry: factors
considered.

    FMCSA may remove a provider from the TPR when a provider fails to
meet or maintain the qualifications established by this subpart or the
requirements of other State and Federal regulations applicable to the
provider. If FMCSA removes a provider from the TPR, all training
certificates issued after

the removal date will be considered invalid.
    (a) The factors FMCSA may consider for removing a provider from the
TPR include, but are not limited to, the following:
    (1) The provider fails to comply with the requirements for
continued listing on the TPR, as described in Sec.  380.719.
    (2) The provider denies FMCSA or its authorized representatives the
opportunity to conduct an audit or investigation of its training
operations.
    (3) The audit or investigation conducted by FMCSA or its authorized
representatives identifies material deficiencies, pertaining to the
training provider's program, operations, or eligibility.
    (4) The provider falsely claims to be licensed, certified,
registered, or authorized to provide training in accordance with the
applicable laws and regulations in each State where training is
provided.
    (5) The SDLA CDL exam passage rate of those individuals who
complete the provider's training is abnormally low. FMCSA is not
establishing a minimum required passage rate, but will use this
information in the context of State norms.
    (b) In instances of fraud or other criminal behavior by a training
provider in which driver-trainees have knowingly participated, FMCSA
reserves the right, on a case-by-case basis, to retroactively deem
invalid training certificates that were issued by training providers
removed from the TPR.

Sec.  380.723  Removal from Training Provider Registry: procedure.

    (a) Voluntary removal. To be voluntarily removed from the Training
Provider Registry (TPR), a provider must submit written notice to
FMCSA's Director, Office of Carrier, Driver, and Vehicle Safety
Standards (Director). Upon receiving the written notice, FMCSA will
remove the training provider from the TPR. On and after the date of
issuance of a notice of proposed removal from the TPR issued in
accordance with paragraph (b) of this section, such voluntary removal
notice will not be effective.
    (b) Notice of proposed removal. Except as provided by paragraphs
(a) and (e) of this section, FMCSA initiates the process for removal of
a provider from the TPR by issuing a written notice to the provider,
stating the reasons for the proposed removal and setting forth any
corrective actions necessary for the provider to remain listed on the
TPR. If a notice of proposed removal is issued, the provider must
notify current driver-trainees and driver-trainees scheduled for future
training of the proposed removal. In addition, no training conducted
after issuance of the notice of proposed removal will be considered to
comply with this subpart until FMCSA withdraws the notice.
    (c) Response to notice of proposed removal and corrective action. A
training provider that has received a notice of proposed removal and
wishes to remain on the TPR must submit a written response to the
Director no later than 30 days after the date of issuance of the notice
explaining why it believes that decision is not proper, as described in
paragraph (c)(1) of this section. Alternatively, the provider will set
forth corrective actions taken in response to FMCSA's notice of
proposed removal, as described in paragraph (c)(2) of this section.
    (1) Opposing a notice of proposed removal. If the provider believes
FMCSA has relied on erroneous information in proposing removal from the
TPR, the provider must explain the basis for that belief and provide
supporting documentation. The Director will review the explanation.
    (i) If the Director finds that FMCSA has relied on erroneous
information to propose removal of a training provider from the TPR, the
Director will withdraw the notice of proposed removal and notify the
provider of the withdrawal in writing.
    (ii) If the Director finds FMCSA has not relied on erroneous
information in proposing removal, the Director will affirm the notice
of proposed removal and notify the provider in writing of the
determination. No later than 60 days after the date the Director
affirms the notice of proposed removal, the provider must comply with
this subpart and correct the deficiencies identified in the notice of
proposed removal as described in paragraph (c)(2) of this section.
    (iii) If the provider does not respond in writing within 30 days of
the date of issuance of a notice of proposed removal, the removal
becomes effective immediately and the provider will be removed from the
TPR.
    (2) Compliance and corrective action. (i) The provider must comply
with this subpart and complete the corrective actions specified in the
notice of proposed removal no later than 60 days after either the date
of issuance of the notice of proposed removal or the date the Director
affirms or modifies the notice of proposed removal, whichever is later.
The provider must provide documentation of compliance and completion of
the corrective action(s) to the Director. The Director may conduct an
investigation and request any documentation necessary to verify that
the provider has complied with this subpart and completed the required
corrective action(s). The Director will notify the provider in writing
whether it has met the requirements for continued listing on the TPR.
    (ii) If the provider fails to complete the proposed corrective
action(s) within the 60-day period, the provider will be removed from
the TPR. The Director will notify the provider in writing of the
removal.
    (3) At any time before a notice of proposed removal from the TPR
becomes final, the recipient of the notice of proposed removal and the
Director may resolve the matter by mutual agreement.
    (d) Request for administrative review. If a provider has been
removed from the TPR under paragraph (c)(1)(iii), (c)(2)(ii), or (e) of
this section, the provider may request an administrative review no
later than 30 days after the effective date of the removal. The request
must be submitted in writing to the FMCSA Associate Administrator for
Policy (Associate Administrator). The request must explain the alleged
error(s) committed in removing the provider from the TPR, and include
all factual, legal, and procedural issues in dispute, as well as any
supporting documentation.
    (1) Additional procedures for administrative review. The Associate
Administrator may ask the provider to submit additional information or
attend a conference to discuss the removal. If the provider does not
provide the information requested, or does not attend the scheduled
conference, the Associate Administrator may dismiss the request for
administrative review.
    (2) Decision on administrative review. The Associate Administrator
will complete the administrative review and notify the provider in
writing of the decision. The decision constitutes final Agency action.
If the Associate Administrator deems the removal to be invalid, FMCSA
will reinstate the provider's listing on the TPR.
    (e) Emergency removal. In cases of fraud, criminal behavior, or
willful disregard of the regulations in this subpart or in which public
health, interest, or safety requires, the provisions of paragraph (b)
of this section are not applicable. In these cases, the Director may
immediately remove a provider from the TPR. In instances of fraud or
other criminal behavior by a training provider in which driver-trainees
have knowingly participated, FMCSA reserves the right to retroactively
deem invalid training

certificates issued under Sec.  380.717. A provider who has been
removed under the provisions of this paragraph may request an
administrative review of that decision as described under paragraph (d)
of this section.
    (f) Reinstatement to the Training Provider Registry. (i) Any time
after a training provider's voluntary removal from the TPR, the
provider may apply to the Director to be reinstated.
    (ii) No sooner than 30 days after the date of a provider's
involuntary removal from the TPR, the provider may apply to the
Director to be reinstated. In the case of an involuntarily removal, the
provider must submit documentation showing completion of any corrective
action(s) identified in the notice of proposed removal or final notice
of removal, as applicable.

Sec.  380.725  Documentation and record retention.

    (a) Applicability. The documentation and retention of records
required by this subpart apply to entities that meet the requirements
of subpart F of this part and are eligible for listing on the Training
Provider Registry (TPR).
    (b) All training providers on the TPR must retain the following:
    (1) The training provider's policy setting forth eligibility
requirements for driver-trainee applicants related to controlled
substances testing, medical certification, licensing, and driving
records.
    (2) Instructor qualification documentation indicating driving and/
or training experience, as applicable, for each instructor and copies
of commercial driver's licenses and applicable endorsements held by
behind-the-wheel (BTW) instructors.
    (3) The amount of time generally allocated to theory and BTW (range
and public road) training, as applicable.
    (4) The instructor-driver-trainee ratio during each portion of the
curriculum; the number of vehicles, and a description of range and
lesson plans for theory and BTW (range and public road) training, as
applicable.
    (5) Names of all driver-trainees who completed or withdrew from
instruction in the required curriculum and who passed or failed the
training provider's assessment of theory and, if applicable, BTW (range
and public road) training.
    (c) Retention of records. Training providers listed on the TPR must
retain the records identified in paragraph (b) of this section for a
minimum of three years from the date each required record is generated
or received, unless a record, such as a CDL, has expired or been
canceled, in which case the most recent, valid CDL should be retained.
The provisions of this part do not affect a training provider's
obligation to comply with any other local, State, or Federal
requirements prescribing longer retention periods for any category of
records described herein.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
5. The authority citation for part 383 is revised to read as follows:

    Authority:  49 U.S.C. 521, 31136, 31301 et seq., and 31502;
secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of
Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141,
126 stat. 405, 830; and 49 CFR 1.87.
0
6. Amend Sec.  383.51 by adding paragraph (a)(8) to read as follows:

Sec.  383.51  Disqualification of drivers.

    (a) * * *
    (8) A holder of a CDL who is disqualified as a result of a
conviction of offenses under Sec.  383.51(b), (c), (d), or (e) must not
be fully reinstated to drive a CMV until he or she has successfully
completed the refresher training curriculum in Sec.  380.625 of this
chapter. Limited privileges to drive a CMV are to be reinstated solely
in order to allow the driver to complete the refresher training
curriculum.
* * * * *
0
7. Amend Sec.  383.71 by adding paragraphs (a)(3) and (4) and (b)(11);
revising paragraphs (e)(3) and (4); and adding paragraph (e)(5) to read
as follows:

Sec.  383.71  Driver application procedures

    (a) * * *
    (3) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], a person must successfully complete the training prescribed in
subpart F of part 380 of this chapter before taking the skills test for
a Class A or B CDL or a passenger or school bus endorsement or the
knowledge test for a hazardous materials endorsement. The training must
be administered by a provider listed on the Training Provider Registry.
    (4) Except for driver trainees seeking the H endorsement, driver-
trainees who have successfully completed the theory portion of the
training must complete the skills portion within 360 days.
    (b) * * *
    (11) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], a person must successfully complete the training prescribed in
subpart F of part 380 of this chapter before taking the skills test for
an initial Class A or B CDL, a CDL with a passenger or school bus
endorsement, or knowledge test for a hazardous materials endorsement.
The training must be administered by a provider listed on the Training
Provider Registry.
* * * * *
    (e) * * *
    (3) Comply with the requirements specified in paragraph (b)(8) of
this section to obtain a hazardous materials endorsement;
    (4) Surrender the previous CDL; and
    (5) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], a person must successfully complete the training prescribed in
subpart F of part 380 of this chapter before taking the skills test for
upgrading a CDL from one class to another; or upgrading a CDL with a
passenger or school bus endorsement; or knowledge test for hazardous
materials endorsement issued on a CDL. The training must be
administered by a provider on the Training Provider Registry.
* * * * *
0
8. Amend Sec.  383.73 by revising paragraph (b)(3) introductory text
and paragraph (b)(3)(ii), and by adding paragraphs (b)(10) and (e)(8)
to read as follows:

Sec.  383.73  State procedures.

* * * * *
    (b) * * *
    (3) Initiate and complete a check of the applicant's driving record
to ensure that the person is not subject to any disqualification under
Sec.  383.51, or any license disqualification under State law, does not
have a driver's license from more than one State or jurisdiction, and
has completed the required training prescribed in subpart F of part 380
of this subchapter. The record check must include, but is not limited
to, the following:
* * * * *
    (ii) A check with CDLIS to determine whether the driver applicant
has already been issued a CDL, whether the applicant's license has been
revoked or canceled, whether the applicant has been disqualified from
operating a CMV, and, if the CDL was issued on or after [DATE 3 YEARS
AFTER EFFECTIVE DATE OF THE FINAL RULE], whether an applicant for a
Class A and B CDL or a CDL with a hazardous materials, passenger, or
school bus endorsement has completed the training required by subpart F
of part 380 of this subchapter from a provider listed on the Training
Provider Registry;
* * * * *

    (10) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], the State must not conduct a skills test of an applicant for a
Class A or B CDL, or a passenger or school bus endorsement until the
State verifies that the applicant successfully completed the training
prescribed in subpart F of part 380 of this subchapter from a training
provider listed on the Training Provider Registry.
* * * * *
    (e) * * *
    (8) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE], require a person with a CDL upgrading from one class of CDL to
another or upgrading a CDL with a hazardous materials, passenger, or
school bus endorsement to successfully complete the training required
in subpart F of part 380 of this subchapter from a provider listed on
the Training Provider Registry.
* * * * *
0
9. Amend Sec.  383.95 by adding paragraph (h) to read as follows:

Sec.  383.95  Restrictions.

* * * * *
    (h) Refresher training. If a CDL holder has been disqualified from
operating a CMV under Sec.  383.51(b) through (e), the State would
reinstate the CDL solely for the limited purpose of completing the
refresher training curriculum in Sec.  380.625 of this chapter. The
State may not restore full CMV driving privileges until the State
receives notification that the driver successfully completed the
refresher training curriculum.
0
10. Amend Sec.  383.153 by revising paragraph (a)(10) to read as
follows:

Sec.  383.153  Information on the CLP and CDL documents and
applications.

    (a) * * *
    (10) The restriction(s) placed on the driver from operating certain
equipment or vehicles, if any, indicated as follows:
    (i) L for No Air brake equipped CMV;
    (ii) Z for No Full air brake equipped CMV;
    (iii) E for No Manual transmission equipped CMV;
    (iv) O for No Tractor-trailer CMV;
    (v) M for No Class A passenger vehicle;
    (vi) N for No Class A and B passenger vehicle;
    (vii) K for Intrastate only;
    (viii) V for Medical variance;
    (ix) R for Refresher training only; and
    (x) At the discretion of the State, additional codes for additional
restrictions, as long as each such restriction code is fully explained
on the front or back of the CDL document.
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
11. The authority citation for part 384 is revised to read as follows:

    Authority:  49 U.S.C. 31136, 31301, et seq., and 31502; secs.
103 and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of
Pub. L. 112-141, 126 stat. 405, 830 and 49 CFR 1.87.

0
12. Add Sec.  384.230 to read as follows:

Sec.  384.230  Entry-level driver certification.

    (a) Beginning on [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL
RULE] a State must follow the procedures prescribed in Sec.  383.73 of
this subchapter for verifying that a person received training from a
provider listed on the Training Provider Registry before issuing an
initial Class A or B CDL; a CDL with a hazardous materials, passenger,
or school bus endorsement; upgrade a CDL from one class to another; or
upgrade a CDL with a hazardous materials, passenger, or school bus
endorsement.
    (b)(1) A State may issue a CDL to individuals who obtain an initial
CLP before [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] who
have not complied with subpart F of part 380 of this subchapter so long
as they obtain a CDL within 360 days after obtaining an initial CLP.
    (2) A State may not issue a CDL to individuals who obtain a CLP on
or after [DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE] unless
they comply with subpart F of part 380 of this subchapter.
0
13. Add Sec.  384.301(j) to read as follows:

Sec.  384.301  Substantial compliance--general requirements.

* * * * *
    (j) A State must come into substantial compliance with the
requirements of subpart B of this part and part 383 of this chapter in
effect as of [EFFECTIVE DATE OF THE FINAL RULE], but not later than
[DATE 3 YEARS AFTER EFFECTIVE DATE OF THE FINAL RULE].

    Issued under the authority of delegation in 49 CFR 1.87.

     Dated: February 19, 2016.
T.F. Scott Darling III,
Acting Administrator.
[FR Doc. 2016-03869 Filed 3-4-16; 8:45 am]
 BILLING CODE 4910-EX-P