FMCSA Denies Agri-Tech CLP Exemption Over Hazmat Safety Risks

The Federal Motor Carrier Safety Administration has denied Agri-Tech Aviation's request to let certain commercial learner's permit holders drive without a CDL holder seated beside them after passing the CDL skills test. Land Line Media reported the decision October 2. Agri-Tech serves Iowa agricultural customers and operates five commercial vehicles, including trucks that can carry jet fuel and crop-protection products.

Agri-Tech argued that the exemption would give employees practical experience while they completed the process of obtaining a Class A CDL. Its drivers operate within Iowa and generally within a 150-air-mile radius of the home base. FMCSA received 38 public comments on the request, and none supported approval, according to the report.

The agency's official September 30 notice states that the application did not provide enough evidence to show an equivalent or greater level of safety. FMCSA highlighted the possibility that CLP holders could transport placarded hazardous materials even though 49 CFR 383.93(a)(2) prohibits a CLP holder from obtaining a hazardous-materials endorsement. The company did not explain how it would maintain equivalent safety if a permit holder moved material requiring that endorsement.

The decision does not revoke the separate exemptions FMCSA has granted to some large carriers for CLP holders who have passed the skills test but are waiting for the physical CDL. It shows that exemptions remain fact-specific and that hazmat duties can change the safety analysis. Schools and employers should verify the license, endorsements and supervision required for every training assignment before dispatch. Passing the skills test is not the same as holding the issued CDL, and a learner's permit cannot substitute for the hazmat endorsement required by the load.