FMCSA Denies UPS’ Exemption Request on Trainer Experience

Must tighten verification of instructor qualifications now and suspend new petitions for relief to avoid risk exposure across commerce.

In friday publication, fmcsas outlines opposition from shippers and brokerfreight groups. The director notes that a single revision to qualifications could weaken enforcement and create pockets of failing compliance across regions.

The department emphasizes that the information underscores the need for phased implementation, with careful monitoring of driving-related incident data and driver outcome metrics before expanding the approach.

Using the current provisions, firms must tighten driving-record checks, enhance mentoring for new drivers, and document all steps in brokerfreight workflows to support audit trails.

The opposition argues that the plan threatens service reliability for smaller shippers who rely on broker networks, citing driving-time constraints and tight margins that leave little room for disruption.

To help practitioners, the publication includes a practical checklist: maintain complete driver records, align internal audits, and keep driving managers informed about changes in policy.

The friday trajectory will push fmcsas and department leaders to clarify how to measure instructor background and performance, with feedback due in the next program cycle. never assume compliance is automatic; verify with internal controls.

Информация resources will be updated on the fmcsas portal to guide shippers and carriers through the transition, including guidance for audit readiness and incident reporting.

FMCSA Developments: UPS Exemption Denial and 10-Year Medical Examiner Refresher Training

Recommendation: issue a formal notification to the public detailing pending updates for the 10-year medical examiner refresher cycle, with editions aligned to current legislation; only approved modules may be used, and authority actions should be coordinated with shippers, parcel carriers, and passenger safety stakeholders.

Ground findings indicate the record shows the carrier-focused relief proposal was not accepted; the authority will begin a revised refresher framework, leveraging research from murphys and stevens to refine risk-based content.

Actions and timeline: implement a phased rollout; the program has begun with a pilot class in jurisdictions with high parcel and passenger activity; the program aims to be accessible across the infrastructure, so examiners are able to complete each edition on schedule.

Infrastructure and access: update the data backbone to track completion against a ground truth record; ensure the 10-year refresher materials are hosted on a secure platform; maintain full access for public and industry stakeholders.

Public accountability and legislation alignment: needed updates to policy should be published through periodic notification; the house and authority will approve cadence; ongoing research should be integrated into editions as they are published.

Quality outcomes: aimed at improving test reliability and examiner judgment; never compromise safety; the process must support shippers and carriers; the 10-year cadence provides a known benchmark.

Closing directive: pending actions must be documented in a single record; once completed, publish a final status update to close the loop with the public and industry partners.

FMCSA Denies UPS Exemption on Trainer Experience; Implements 10-Year Refresher Training and Certification for Medical Examiners

Recommendation: Implement a mandatory 10-year refresher training and certification cycle for medical examiners, with explicit performance standards and annual attestations to the agency. This approach aligns contents with full safety expectations, reduces inconsistent practices, and ensures the united group of operating units remains in compliance across the west and other regions. The program is associated with higher insurance confidence and clearer reports about examiner readiness.

The refresh plan continues to advance oversight, with associated modules updated to reflect new regulations and demographic shifts. It includes a designated path for hard-of-hearing participants and other accessibility needs, ensuring the process remains easier to navigate for all groups. Then management will view data in dedicated dashboards, and reports will be prepared for submission to the agency and into regulations.gov, providing explicit visibility of results and progress across the contents of the program.

Implementation details: Each provider must submit a full curriculum, assessment results, and proof of renewal to a centralized portal. The 10-year cycle becomes mandatory for all operating locations, with increased uniformity across the group. Regions such as the west will adopt a standardized rollout, followed by a nationwide expansion. The audit trail supports easier verification by authorities, and data can be exported for reports to regulations.gov or the agency’s visibility; this approach reduces inconsistencies and increases assurance for assurance partners and stakeholders alike.

What UPS Sought in the Trainer-Experience Exemption and FMCSA’s Rationale for Denial

The carrier petition sought a narrow carve-out to count selected instructional exposure toward the qualification of field staff who guide drivers, blending on-road coaching, classroom sessions, and supervised rides toward the years milestone required for credentialing privileges. This approach would make able instructors contribute more fully to the record of capability across fleets.

The regulator indicated concerns about consistent enforcement across jurisdictions and the risk of overstating practical exposure if non-driving hours are counted without tight controls. The agencydocket record shows administrative and legal risk, with issued publication material from courts and legal authorities highlighting bargaining constraints around exempting portions of oversight. The united framework across states was said to require a principal policy adopted broadly.

Key elements in the issued record include a proposed fund for developing standardized curricula and a renewal cycle to refresh the credentialing framework across landair and other fleets; the publication describes a real-world scenario where a carrier leveraged internal instructional staff to support safety obligations while controlling costs.

Recommendations for stakeholders: publish a clear policy with defined eligibility, including a restriction on the share of non-driving hours that may count, align with eldt requirements, and adopt a staged approach with pilots; ensure a developer peer review and a plan that can be renewed by jurisdictions across the united system. The plan should include a formal measurement, a transparent publication, and a mechanism to renew the record at defined intervals.

Implicitly, the concerns focus on safety integrity, legal risk, and administrative feasibility; a cohesive approach across courts and jurisdictions will require funding, a public record, and a renewal timetable that can be adopted by principal fleets, including landair and other participants in the transport network.

Who Is Impacted: Carriers, Training Providers, and Medical Examiners

Immediate action: implement a three-step readiness plan now–map responsibilities, align the application workflow, and publish a unified notice to all partners by the same date.

• Перевозчики
  • Impact: administrative load rises as the federal regulation evolves. Track filings in dockets, consult the latest edition, and update internal pages and guides. Prepare for inflation-driven budget shifts and adjust forecasts accordingly. Use reliable data to plan, and communicate with fleet managers via posts and mail to ensure all units operate on a single date for changes.
  • Operational steps: establish a cross-functional team to review the application queue, ensure the most recent regulation text is reflected in procedures, and test new workflows with a small experiment before full deployment. Record findings in reports and share with stakeholders to demonstrate causation between process tweaks and safety outcomes.
  • Communication and records: publish clear instructions for drivers and supervisors, keep the surety views updated, and store all received materials obtained from couriers and agencies in a centralized place for audit readiness.
• Training providers
  • Impact: curriculum and assessment programs require timely alignment with the current regulation. Update syllabi, testing criteria, and instructor qualifications; ensure all modules reflect the latest edition and dockets referenced in official posts. Notify partner programs by mail and digital channels to minimize disruption.
  • Implementation: map the education workflow to the application process, run a controlled pilot (experiment) to measure learning outcomes, and use sampling to verify that new content reliably supports safe practices. Document changes in a formal report and publish a summary for trainees and sponsor entities.
  • Compliance and risk: confirm that training materials comply with regulation and that test results preserve integrity; obtain required surety or endorsements where applicable and maintain records for audits.
• Medical Examiners
  • Impact: changes affect evaluation timetables, form usage, and data submission pathways. Align clinical workflows with new expectations, update forms, and coordinate with clinics to ensure timely processing in a consistent, unified manner. Communicate updates via established channels to ensure readiness.
  • Process adjustments: revise the application pathways for medical evaluations, verify that the same date is applied across clinics, and ensure forms align with the latest regulation edition. Use posts and mail to notify examiners and facilities about revised requirements.
  • Quality assurance: implement a small-scale test of the submission process, monitor reports for reliability, and use sampling to verify that evaluation results remain valid and accurately reflect safety risk. Maintain secure records and ensure data exchange is performed safely.

Here is the foundational approach noted by industry observers, including connell in recent posts: establish a unified, readily accessible plan that ties the application workflow to regulator-led dockets and pages, publish clear guidance, and monitor outcomes with reliable reports. By placing emphasis on administrative clarity, federal regulation adherence, and transparent communication, all parties can minimize disruption and sustain safe operations across the united network.

Timeline and Milestones: Denial Date, Transition Periods, and Start of the 10-Year Refresher

Recommendation: Immediately align personnel qualifications with updated provisions, address public concerns through transparent notices, and participate in a phased rollout to minimize disruption to united trucking operations.

1. Denial Date – 2024-11-20
   • What occurred: a formal denial of a relief package that would modify attribute requirements; the decision addressed civil safety, and it impacts commerce and transport operations.
   • Impact: requires updates to policy language, governing provisions, and training catalogs; updated materials should be published in the public domain within 7 business days.
   • Actions for fleets: collect required documentation, update risk assessments, and address concerns with stakeholders to ensure a unified approach; address accessibility for hard-of-hearing audiences in materials.
   • Tools and tracking: deploy updated dashboards to monitor progress; ensure relevant data are contained in the official record.
2. Transition Periods – planning window and steps
   • Phase 1: 12 months from the Denial Date to align core provisions with daily operations; key updates include record-keeping, fitness assessments, and attribute tracking for drivers.
   • Phase 2: 12–18 months for system-wide integration; adopt new refresher modules, update scheduling tools, and address public accessibility for training materials, including hard-of-hearing audiences.
   • Phase 3: 18–24 months to finalize oversight, reporting, and surety arrangements; ensure entities can participate jointly and address regulatory concerns.
3. Start of the 10-Year Refresher – target date and expectations
   • Date: 2026-01-01; the refresher cadence becomes mandatory for all qualifying personnel as part of the revised schedule.
   • Requirements: completion of periodic training every decade, with outcomes tied to licensing and compliance status; participation is required to maintain eligibility in united transport and commerce networks.
   • Implementation details: updated curricula are provided, and soft-landing support is offered for civil operators; progress is tracked with unified tools, and proof of fitness for duty must be maintained.

ME Refresher: Required Topics, Testing, and Recertification Cadence

Begin with a printed checklist that addresses the following required topics and ensures all sessions are completed and signed in the training record.

The topics cover safety management, fatigue awareness, hours-of-service basics, vehicle inspection procedures, incident reporting, ethical recordkeeping, and industry compliance. Use original materials and align with existing guidance, with references placed in the filings for easy reference and cross-checking against the official text.

Testing formats are standardized: a written text exercise, scenario-based questions drawn from real-world cases, and, where applicable, practical demonstrations. Examiners evaluate clarity, accuracy, and the ability to apply rules; responses must be submitted in the approved format and kept with printed proofs for review. For younger entrants, provide the same materials and ensure parity of assessment.

Recertification cadence is defined: renewals are due on a fixed schedule; several jurisdictions may require increased frequency or adjusted windows; be aware of these differences and ensure the following steps are implemented: verify state requirements, complete the required sessions, submit updated information, and confirm that filings reflect the current status. The original record should be maintained in place, with obtained information stored securely.

Documentation workflow: ensure submissions include addresses and contact details for verification; use the principal examiner as the point of contact; keep a tight audit trail in a printed format, and preserve the existing materials for future reference. Any nonconforming filings should be corrected promptly to satisfy the requirement and avoid penalties.

Implementation Roadmap: Compliance Steps for Fleets, ME Administrators, and Training Agencies

Recommendation: establish a centralized compliance charter within 30 days, assign a chief owner for filings, and build a five items checklist that ties every activity to statute requirements, with a centralized record in agencydocket and regulationsgov.

Step 1: Regulatory mapping. Map regulationsgov regarding driving time, work limits, and recordkeeping; create a crosswalk between statute provisions and fleet procedures, identify gaps, and assign owners by function.

Step 2: Documentation and control. Establish a signed documents protocol; address lack of signed forms; ensure needed filings are captured; assign items for audit trails; track status as accepted, rejected, or exempted, with explicit labels for each filing; each record must show the signer, date, and regulator reference.

Step 3: Stakeholder alignment and accessibility. Create a united governance loop with agencys participation; raise awareness and keep teams aware of five provisions; ensure content is accessible to deaf audiences while aligning schedules and channels to reduce friction.

Step 4: Training content and quality assurance. Develop material aligned to requirements and a quality review process; identify challenges and define explicit criteria for each item; apply substantial evidence standards; conduct a quarterly sample audit.

Step 5: Filing lifecycle management. Implement an end-to-end filing lifecycle: when a filing is signed, classify as accepted, rejected, or exempted; establish deadlines, escalation rules, and maintain a log in agencydocket with regulationsgov references.

Step 6: Monitoring and continuous improvement. Run quarterly governance reviews; track management metrics; verify alignment with statute and regulations; ensure agencys awareness remains high and that issues found are addressed with documented actions.