Kevin Winebarger - Petition for Rulemaking

Dear FMCSA Administrator, I petition the Agency to initiate rulemaking under 49 CFR 389.31 to amend 49 CFR Parts 383 and 384. The goal is to require additional safeguards for applicants who obtain their base (non-commercial) driver's license via foreign reciprocity before pursuing a Commercial Driver's License (CDL). Background and Description of the Loophole While FMCSA's recent Final Rule (published today) addresses critical gaps in non-domiciled CDL issuance, a separate vulnerability persists for domiciled U.S. residents. An individual can: 1. Temporarily relocate to a country like Japan and obtain a valid foreign driver's license. 2. Move to the U.S. and establish residency in a state with reciprocity agreements (e.g., Hawaii, Washington, Virginia, Colorado, Oregon, Maryland, Ohio, Indiana). 3. Exchange the foreign license for a standard U.S. Class C license with no written knowledge test and no on-road driving test. 4. Immediately enroll in an FMCSA-approved Entry-Level Driver Training (ELDT) program and obtain a full CDL after minimal training focused on passing standardized tests (pre-trip, range maneuvers, short on-road evaluation). No federal requirement exists to verify U.S.-specific road knowledge (e.g., right-on-red, interstate protocols, variable weather conditions) for these applicants, despite the foreign license reflecting entirely different driving norms (left-side driving, stricter signage, etc.). Safety Rationale This pathway allows individuals with potentially zero practical experience on U.S. roadways to operate 80,000+ lb commercial motor vehicles. It undermines the intent of ELDT and CDL standards, especially as FMCSA rightly prioritizes driver fitness in its non-domiciled reforms. Proposed Amendments 1. Mandatory U.S. Knowledge Test and On-Road Skills Test for Reciprocity Applicants Any applicant who obtained their base (non-commercial) driver’s license through foreign reciprocity must first complete both: *The standard state written driver’s knowledge examination, and *The state’s basic on-road driving skills test (in a passenger vehicle) before they may enroll in an Entry-Level Driver Training (ELDT) program or take any portion of the CDL skills test. 2. Enhanced ELDT Module: Add a required 4–8 hour module on U.S.-specific driving differences, with documented simulator or supervised road time. 3. Probationary Period: Impose a 6–12 month probationary CDL period (limited routes, employer monitoring) for drivers entering via foreign reciprocity. 4. Data Tracking: Direct SDLAs to flag and report reciprocity-fed CDLs in CDLIS for FMCSA monitoring of early crash rates. These changes would impose minimal burden on legitimate applicants while aligning with FMCSA's safety mandate under 49 U.S.C. § 31301 et seq. I appreciate FMCSA's ongoing work to strengthen CDL integrity and stand ready to provide further details or examples.