FMCSA revisits proficiency exam requirement for new motor carrier applicants nationwide

WASHINGTON — The Federal Motor Carrier Safety Administration is preparing to revisit a long-delayed requirement that new motor carrier applicants pass a proficiency exam before receiving operating authority, a proposal that could significantly change how new entrants demonstrate knowledge of federal safety regulations.

UMA
Ken Presley

The agency said it expects to issue a supplemental notice of proposed rulemaking by November 2026, reviving an initiative first directed by Congress more than two decades ago.

In 1999, Congress instructed the U.S. Secretary of Transportation to establish minimum requirements for interstate motor carriers and consider creating a proficiency examination for applicants. The goal was to ensure new carriers understood applicable federal safety regulations before receiving operating authority.

FMCSA later opened a rulemaking titled, “New Entrant Safety Assurance Process: Implementation of Section 210(b) of the Motor Carrier Safety Improvement Act of 1999.”

Rather than requiring a proficiency exam, FMCSA ultimately adopted a self-certification process. Under the current system, new entrants certify they understand federal safety regulations, with compliance verified through a non-rated new-entrant safety audit conducted during the first 18 months of operation.

The agency is now reconsidering whether a formal examination should be part of the new entrant process.

“We have long believed that someone within a company should be able to certify a working knowledge of the Federal Motor Carrier Safety Regulations,” said Ken Presley, vice president of industry relations for the United Motorcoach Association. “We have supported the concept of a proficiency exam for many years, subject to the details of any proposed rulemaking.”

The proposal was first introduced through an advance notice of proposed rulemaking in August 2009 but has remained unresolved for years. If FMCSA issues the supplemental proposal as planned, stakeholders will have an opportunity to comment before the agency decides whether to require a proficiency examination for new motor carriers seeking interstate operating authority.

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