CVTA Get In Gear Summer Quarterly

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SPRING CONFERENCE 2020—NAPLES, FL (

SUBHEADING 1—ROBOTO CONDENCED FONT 20 PT)

This Spring, the largest group of CDL training providers will gather for the CVTA Spring Conference in Naples, Florida. (SUBHEADING 2 — LATO FONT 14 PT)

House T & I Committee Takes up Highway Bill On Wednesday June 17, 2020, the House Transportation & Infrastructure Committee (“T&I”) held a full committee markup to amend the New Vision for the Environment and Surface Transportation in America (INVEST in America) Act. The INVEST Act is a $500 billion Highway bill that establishes funding and surface transportation policy (e.g. highway funding, trucking, rail, and infrastructure) for the next 5 years.

With over 200 amendments filed to the introduced bill, the full committee embarked on a marathon markup lasting two 12 hour days. For members who may be unaware of what a “markup” is, it is a

committee process where they literally “markup” an introduced bill through an amendment process.

There are many items that are interest to CVTA members.

Entry-Level Driver Training T&I Committee Chairman Peter DeFazio (D-OR) and T&I Highway and Transit Subcommittee Chairwoman Congresswoman Eleanor Holmes Norton, (D-D.C.) included an Entry-Level Driver Training (ELDT) provision in the introduced bill. This provision requires greater accountability, transparency, benchmarks, and oversight of the FMCSA to ensure the new February 2022 deadline is met. One provision contained (Continued. on page 4)

IN THIS ISSUE… ◼

Paycheck Protection Plan

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Legislative Update

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Clean Harbors –NASCAR

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WIOA Update

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Remembering Laura McMillan

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FMCA TPR

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Committee News

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CVTA Board

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Associate Member News

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MaxKnowledge Update

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LETTER FROM THE CHAIRMAN 1941, 1963, 1981, 2001, these years are recognized by all most all Americans.

Depending on your age, you may remember the moment you first heard of the events that occurred, you probably remember where you were and what you were doing. 2020 and what has taken place so far will be one of those years we will remember vividly. It seems we are tested about every 20 years and every time we find a way to make a comeback.

2020 started out very strong, with an outstanding outlook for our industry. We were all looking forward to our Spring Conference at the Ritz in Florida. The economic outlook for our schools was bright.

Almost overnight, everything changed dramatically.

We witnessed a pandemic which few if any today have ever seen. Our whole world was turned upside down. Every citizen of this great country was affected. In many States, government offices closed, including DMVs, truck driver training schools were ordered closed, or unable to operate with DMVs closed. Eventually many States ordered their residents to “stay at home – shelter in place”. Now, a whole new way of doing business has evolved.

Instructor Certification Information

Some schools were able to continue their operations while others are still closed. The financial and emotional toll on our members has been substantial.

CVTA and our members are strong. We all have a strong entrepreneurial spirit and have had to fight for what we have. It is no different this time, I believe our members will be back in business soon and 2020 will become a distant memory.

UPCOMING EVENTS...

Keep an eye out for the following webinars : ◼

Please join me in telling Don, Cindy, and Andrew, “Thank You” for the countless hours they have spent working to help all our members. They are totally dedicated to your success. CVTA continues to push for DMVs and schools to be considered “Essential .

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Motor Carrier Recruiting in COVID-19 Times

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Insurance COVID-19

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Science of Simulators

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(Letter from the Chairman, continued from page 2)

Services” allowed to open, both on the Federal and State level. CVTA has offered solutions to the FMCSA and Congress and continues to deliver our message.

permanency of the FMCSA waivers could be helpful to the industry while still maintaining the highest level of safety. ATA Chairman Guillot stressed the negative effect of the training and testing closures and indicated a hopefulness that the FMCSA would maintain the training and testing waivers. ATA’s relevant written testimony is listed here:

Will there be a Fall Conference? If conditions are favorable, an “in person conference” would be preferable. As time goes on, we should have better information regarding the viability of such.

“With regard to the additional waivers issued by FMCSA related to Commercial Learners Permits and Third Party Testing, we encourage the Agency to consider pursuing permanency of these waivers, which could assist in easing the current delays associated with the testing of drivers who wish to obtain their Commercial Driver’s License (CDL). These delays existed prior to COVID-19 and have only been exacerbated by this pandemic. ATA anticipates that the existing backlog of testing appointments will steadily increase in the future and encourages FMCSA to harmonize state licensing procedures, including, for example, state of domicile requirements and Third-Party Testing. FMCSA has mandated that an individual’s state of domicile must accept the results of a CDL skills test that was administered out-ofstate; however, the rule does not require the state of domicile to also accept the results of an out-of-state knowledge test. As a result, driver candidates who obtain training out-of-state are required to travel back to their state of domicile to obtain their credentials, creating an unnecessary burden. It has become all the more important to allow trainees to test, train, and receive their relevant credentials—be it a CLP or a CDL—without having to travel back and forth to their state of domicile.”

Every time life has knocked me down, I have gotten back up and moved forward. I know all of us will be doing the same thing again.

I wish all of you great success in the future and look forward to seeing you all soon!

Larry Marsh, Chairman, CVTA

Randy Guillot, Chairman, ATA

ATA Chairman Testifies Before Senate During a Senate Commerce Committee Hearing on June 3, Mr. Randy Guillot, Chairman of the American Trucking Associations discussed the need to remove obstacles in CDL training and testing that had been presented by the COVID crisis. They noted the trucking industry’s need to hire a million new drivers over the next decade and how such ongoing and recovery efforts have been hampered due to the closure of training and testing providers across the nation. In support of ATA’s written testimony, Sen. Thune focused on how

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LEGISLATIVE AND REGULATORY NEWS (House Highway Bill , continued from page 1)

in the initial bill’s text concerns the Entry-Level Driver Training regulation. As members recall, the FMCSA fully delayed this regulation for 2 years this past February. The House provision would require the FMCSA to report to Congress by January 1, 2021: •

a schedule, including benchmarks, to complete implementation of the requirements under the final rule;

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any anticipated delays, if applicable, in meeting the benchmarks;

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the progress that the Secretary has made in updating the Department of Transportation’s information technology infrastructure to support the training provider registry;

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a list of States that have adopted laws or regulations to implement such final rule; and

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a list of States, if applicable, that are implementing the rule and confirming that an applicant for a Commercial Driver’s License has complied with the requirements.

Skills Testing Delays Another important issue the committee addressed is skills testing delays. Congressman Garret Graves (RLA) introduced Amendment 133, seeking to incentivize states to reduce skills testing delays by receiving more Commercial Driver’s License Program Implementation Grants (CDLPI Grants) funding if they fix their skills testing delays. Congressman Garret Graves’ Amendment ensures that States commit adequate state resources to meet CDL testing or adopt CDL testing best practices by utilizing CDL schools and independent CDL testing centers to perform skills tests, which is a best practice adopted by a majority of states. Skills testing delays issue impact

CVTA staff are extremely pleased with the inclusion of this provision. As members know, implementation of the Entry-Level Training regulation is CVTA’s number one legislative priority.

Equally important, Ranking Member Sam Graves included an alternative ELDT provision in the Republican version of the bill. The Republican version is equally focused on accountability, transparency, and oversight over the FMCSA as the one introduced by the Chairs DeFazio and Norton. While the Republican alternative was not adopted by the committee, its introduction is significant because it demonstrates that ELDT is a non-partisan issue. T&I Highway and Transit Subcommittee Chairwoman Congresswoman Eleanor Holmes Norton, (D-D.C.) and Ranking Member Rodney Davis (R-IL) sent a bipartisan oversight letter to the FMCSA inquiring about ELDT in November 2019. CVTA is extremely pleased that Democrats and Republicans are equally invested in seeing this regulation implemented.

over 250,000 Americans, who are unnecessarily delayed in seeking a commercial driver’s license due to insufficient CDL testing capacity, which results in a $1.5 economic loss. Ultimately, Rep. Graves’ Amendment 133 was accepted with unanimous consent as part of an en bloc batch of amendments! CVTA extends enormous thanks to Rep. Graves for his and his staff’s hard work on this subject and appreciates all members of the House Transportation & Infrastructure and their staff that propelled this nuanced solution forward.

(Continued on Page 20)

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FEATURED STORY The Paycheck Protection Program is the lifeline for businesses that have been impacted by COVID-19.

Congress came together in the early part of the crisis to fund small businesses in order to keep our economy on life support. At the same time, the program has been widely noted as difficult to navigate and insufficiently funded, two facts which have generated clarifying guidance from the SBA and further Congressional legislation to improve the program.

tional Safety and Health Administration, related to worker or customer safety requirements related to COVID–19.

In response to a number of consumer complaints, Congress recently amended the Paycheck Protection Program through the passage of the Paycheck Protection Program Flexibility Act of 2020, which President Trump signed this legislation into law on June 5, 2020. This new law: •

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Extends the covered period for loan forgiveness from eight weeks after the date of loan disbursement to 24 weeks after the date of loan disbursement, providing substantially greater flexibility for borrowers to qualify for loan forgiveness.

Borrowers who have already received PPP loans retain the option to use an eight-week covered period.

(Wink News.coma)

Lowers the requirements that 75 percent of a borrower’s loan proceeds must be used for payroll costs and that 75 percent of the loan forgiveness amount must have been spent on payroll costs during the 24-week loan forgiveness covered period to 60 percent for each of these requirements. If a borrower uses less than 60 percent of the loan amount for payroll costs during the forgiveness covered period, the borrower will continue to be eligible for partial loan forgiveness, subject to at least 60 percent of the loan forgiveness amount having been used for payroll costs.

Provides a safe harbor from reductions in loan forgiveness based on reductions in full-time equivalent employees for borrowers that are unable to return to the same level of business activity the business was operating at before February 15, 2020, due to compliance with requirements or guidance issued between March 1, 2020 and December 31, 2020 by the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, or the Occupa-

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Provides a safe harbor from reductions in loan forgiveness based on reductions in full-time equivalent employees, to provide protections for borrowers that are both unable to rehire individuals who were employees of the borrower on February 15, 2020, and unable to hire similarly qualified employees for unfilled positions by December 31, 2020.

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Increases to five years the maturity of PPP loans that are approved by SBA (based on the date SBA assigns a loan number) on or after June 5, 2020.

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Extends the deferral period for borrower payments of principal, interest, and fees on PPP loans to the date that SBA remits the borrower’s loan forgiveness amount to the lender (or, if the borrower does not apply for loan forgiveness, 10 months after the end of the borrower’s loan forgiveness covered period).

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Establishes new rules which allows June 30, 2020, to be the last date on which a PPP loan application can be approved.

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MEMBER SPOTLIGHT Clean Harbors Gets NASCAR Back on Track As the leading Covid-19 decontamination service provider in the United States, Clean Harbors has been helping motorsports get back on track over the past month.

the frontlines in the fight against Covid-19. To date, the company has decontaminated or disinfected more than 4,000 businesses. Clean Harbors has previously responded to swine flu and avian flu, including the H1N1 outbreak, as well as decontamination efforts around Ground Zero following 9/11.

NASCAR, the first major sport to return following coronavirus shutdowns, hired Clean Harbors to decontaminate Darlington Raceway in South Carolina for its restart race on May 17 and continued to disinfect throughout the week-long event.

“As NASCAR returns to racing, it’s essential that our drivers, teams and staff are safe at the track,” said John Bobo, NASCAR’s vice president of racing operations. “We appreciate the expanded partnership with Clean Harbors during these unprecedented times, as they will play a critical role in the ongoing disinfection of our facilities leading into and during race weekends.”

Clean Harbors continues to provide disinfection, decontamination and disposal services to tracks at each of NASCAR’s stops, ensuring the safety of competitors, crew, media and personnel.

The company also partnered with INDYCAR to play a vital role in safely starting its delayed season on June 6 at Texas Motor Speedway and will decontaminate at each of its races for the remaining of the year – including the Indy 500 in August.

TAT just created for the trucking industry, as it's an ideal supplementary tool for any CDL instructor who is implementing TAT training in his or her classroom.

This toolkit not only lays out the issue of human trafficking and its intersections with the trucking industry all in one document, but it comes with a lesson plan in the back that I believe your CDL instructors will find helpful. If you all are willing, we'd love for you to share the attached toolkit with all your members, as we truly believe it will better equip them to share this life-saving information.

“We are proud to strengthen our partnership with INDYCAR and support the successful launch of their 2020 racing season,” said Chuck Geer, Clean Harbors’ senior vice president of field services. “As the top decontamination provider in the United States, we understand the importance of getting sports in this country back on track. Our highly trained decontamination crews made sure all locations at the track were safe for race teams and INDYCAR personnel.”

To access the tookit click : here

With thousands of experts stationed in hundreds of locations across the continent, Clean Harbors is on 7

(Paycheck Protection , continued from page 6)

This new law is a very positive development for those utilizing PPP funds. Senator King from Maine described the bipartisan effort as “a mid-course correction by loosening restrictions on small businesses that are already facing enough challenges, and giving business owners the flexibility they need to make decisions that best fit their unique circumstances.”

Though this bill is a useful next step in streamlining the program, it is almost certainly not the last, as other Senators such as Sen. Rubio from Florida have called for additional fixes to correct drafting errors that could inadvertently penalize small businesses for not spending up to the payroll thresholds, among others.

Answer: No. Advance payments of interest on a covered mortgage obligation are not eligible for loan forgiveness because the CARES Act’s loan forgiveness provisions regarding mortgage obligations specifically exclude ‘‘prepayments.’’ Principal on mortgage obligations is not eligible for forgiveness under any circumstances.

Question: Will a borrower’s loan forgiveness amount be reduced if an employee is fired for cause, voluntarily resigns, or voluntarily requests a schedule reduction?

Answer: No. When an employee of the borrower is fired for cause, voluntarily resigns, or voluntarily requests a reduced schedule during the covered period or the alternative payroll covered period (FTE reduction event), the borrower may count such employee at the same full-time equivalency level before the FTE reduction event when calculating the section 1106(d)(2) FTE employee reduction penalty. The Administrator and the Secretary have decided to exempt such employees from the calculation of the FTE reduction penalty.

SBA Interim Final Rule Issued The SBA also released an interim final rule on June 1, 2020, to help “PPP borrowers prepare and submit loan forgiveness applications as provided for in the CARES Act, help PPP lenders who will be making the loan forgiveness decisions, inform borrowers and lenders of SBA’s process for reviewing PPP loan applications and loan forgiveness applications.” At its core, the SBA rule offers clarification on various questions posed by borrowers and lenders and offers useful examples to provide further guidance to affected parties.

Question: What effect does a borrower’s reduction in employees’ salary or wages have on the loan forgiveness amount?

It should be noted that the current SBA Interim Final Rule & Guidance was issued before Paycheck Protection Program Flexibility Act of 2020 was signed into law. While the following is applicable, SBA and the Treasury Department many need to update guidance accordingly to reflect recent statutory changes.

Frequently Asked Questions Question: Are salary, wages, or commission payments to furloughed employees; bonuses; or hazard pay during the covered period eligible for loan forgiveness?

Answer: Under section 1106(d)(3) of the CARES Act, a reduction in an employee’s salary or wages in excess of 25 percent will generally result in a reduction in the loan forgiveness amount, unless an exception applies. Specifically, for each new employee in 2020 and each existing employee who was not paid more than the annualized equivalent of $100,000 in any pay period in 2019, the borrower must reduce the total forgiveness amount by the total dollar amount of the salary or wage reductions that are in excess of (Continued on page 9)

Answer: Yes. The CARES Act defines the term ‘‘payroll costs’’ broadly to include compensation in the form of salary, wages, commissions, or similar compensation. If a borrower pays furloughed employees their salary, wages, or commissions during the covered period, those payments are eligible for forgiveness as long as they do not exceed an annual salary of $100,000, as prorated for the covered period.

Question: Are advance payments of interest on mortgage obligations eligible for loan forgiveness?

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(Paycheck Protection Program, continued from Page 9)

25 percent of base salary or wages between January 1, 2020 and March 31, 2020 (the reference period subject to exceptions for borrowers who restore reduced wages or salaries (see g. below). This reduction calculation is performed on a per employee basis, not in the aggregate.

Example: A borrower reduced a full- time employee’s weekly salary from $1,000 per week during the reference period to $700 per week during the covered period. The employee continued to work on a full-time basis during the covered period with an FTE of 1.0. In this case, the first $250 (25 percent of $1,000) is exempted from the reduction. Borrowers seeking forgiveness would list $400 as the salary/hourly wage reduction for that employee (the extra $50 weekly reduction multiplied by eight weeks.“ The full SBA rule can be found here.

CVTA Paycheck Protections Program Survey Results Many members may be wondering how has the COVID-19 pandemic impacted CVTA members. Like many small businesses, CVTA members have sought relief due to impact of the shutdown. The following are the results of our recent survey.

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Members Working Together

US XPRESS ACHIEVES POSITIVE RESULTS WITH ITS NEW DRIVER TRAINING PROGRAM Montreal, May 25th, 2020 In February 2019, after nearly a year of extensive research, consultation and planning, US Xpress rolled out their Professional Driver Development Program.

A key element of this progressive initiative was the integration of truck simulation as a complement to the theory and practical training. Virage Simulation was honored that US Xpress selected the VS600M Truck Simulator and training programs to enhance their competency-based training approach. We are delighted to learn that the concerted efforts by US Xpress to improve their driver program have produced a significant reduction in employee turnovers and an impressive decrease in preventable crashes.

“We have also been focused on improving our safety results given our desire to be a good corporate citizen and put the best quality truck and driver out on the road and around our friends and families. There is also a significant financial benefit to this initiative, since our accident costs, reflected mostly in our insurance line item, is one of our largest costs.”

Ralph Romero, VP of Talent Management discusses new driver training program results in the company’s annual report.

“We have revamped our driver training program, starting at the beginning of 2019, which was based on a more hands on approach, as opposed to a dense classroom curriculum. We opened two facilities this past year and plan to open more facilities in 2020 with a goal of using this new training for 100% of our drivers, over time.”

“I’ve worked in talent management for a long time, but one of the most rewarding projects I’ve ever worked on has been the Professional Driver Development initiative at U.S. Xpress. Since rolling it out, there has already been a 6% decrease in driver turnover and 20% reduction in preventable accidents among participating drivers. These kinds of results are really what keep me going. I’m so lucky to be part of such a relentless team that was able to come together to make it happen.” Eric Fuller, President and Chief Executive Officer of U.S. Xpress explains :

Click here to access U.S. Xpress’ annual report.: https://s22.q4cdn.com/628003687/files/ doc_financials/2019/ar/USX-2019-AnnualReport.pdf

Click here for a summary of the VS600M truck simulator used at U.S. Xpress.: https://viragesimulation.com/promotion/

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MEMBERSHIP AND COMMUNICATIONS CARRIER SPOTLIGHT CLEAN HARBORS Founded in 1980, Clean Harbors is North America’s leading provider of environmental and industrial services. It boasts of the 19th largest private trucking fleet in the United States and serves a diverse customer base spanning a number of industries including chemical, energy and manufacturing, as well as numerous government agencies. These customers rely on Clean Harbors to deliver a broad range of services such as end-to-end hazardous waste management, emergency spill response, industrial cleaning and maintenance, and recycling services.

Through its Safety-Kleen subsidiary,

Clean Harbors also is North America’s largest rerefiner and recycler of used oil and a leading provider of parts washers and environmental services to commercial, industrial and automotive customers. Based in Massachusetts

NEW MEMBERS

NEW MEMBERS

Clean Harbors operates in the United States, Canada, Mexico, Puerto Rico and India. www.cleanharbors.com.

Ozark Driving Institute Cabool, MO

New School Members Action Career Training, Abiline , TX

Taylor Truck Driving School, Burlington, WA

Black Wolf CDL Training Center Bryan, TX

New Associate Members

J-Tech, Institute Jackson , FL

Asurint, Cleveland, OH

Level One Driving Academy Beebe, AR

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REMEMBERING LAURA MCMILLIAN Laura McMillan, Vice President of training development at Instructional Technologies Inc., is dead at age 56.

“In many ways Laura had been responsible for the success of ITI in our early years,” said Jim Voorhees, CEO of ITI, in an ITI statement on McMillan's passing. “In 2005, Laura came to Vancouver to see what this little company — there were only six of us then — had been developing in the realm of training.

At the time she was working at Schneider National Trucking. I remember she asked us if we thought we could handle the workload of supplying training to a company as big as Schneider. We promised we would build the best training she had ever seen. She put her faith in us, and it was a huge step forward.”

According to the statement, McMillan played a large part in the growth and success of ITI over the years.

She had BS in business management and an MA in instructional system design and adult learning.

McMillan also had an active commercial driver's license and more than 20 years of experience in the transportation industry, including the Certified Transportation Professional (CTP) accreditation from the National Private Truck Council.

McMillan served on numerous committees and boards, including the American Trucking Associations, National Private Truck Council, Truckload Carriers Association, Professional Truck Driver Institute, the Federal Motor Carrier Safety Administration’s entry-level driver training curriculum subcommittee, American Society of Training and Development, Women in Trucking, and the Commercial Vehicle Training Association. (CVTA)

She spoke at a number of industry conferences, published articles, and her ability to solve client problems made her one of the most recognized training people in our industry.

McMillan was also a writer, a marathon runner, a world-traveling scuba diver, and a watercolor painter.

Laura McMillan and Jim Vorhees, CVTA Spring Conference 2018

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FMCSA ADDS CONTENT TO NEW TRAINING PROVIDER REGISTRY WEBITE In June, the FMCSA rolled out branded communications content onto a new Training Provider Registry website. To everyone in the CDL training community who has been waiting for the rollout of the new ELDT regulations, this new website is a breath of fresh air.

The new content mirrors many of the preliminary steps the Agency took in advance of the Drug & Alcohol Clearinghouse and it is a very hopeful sign of things to come. CVTA thanks the FMCSA for their actions on this subject and looks forward to further communications and updates.

FMCSA has established an interim final rule that establishes February 7, 2022 as the launch date of the Training Provider Registry. On this date, anyone subject to the ELDT requirements must comply with them.

Click here to view the ELDT—Overview Click here to view the ELDT –TPR Factsheet

The website features a series of FAQs, an ‘About’ section and a branded ‘Training Provider Registry’ information section.

The Training Provider Registry is a web system that will help CDL applicants connect with qualified training providers to get the training they need to safely operate commercial motor vehicles (CMVs).

It will also improve safety on our Nation’s roads by receiving, retaining, and relaying a record of CDL applicants that have successfully completed the required entry-level driver training.

NEW MAXKNOWLEGE COURSE Online Training Center– CM107- Sustaining a Culture of Compliance: The Role of Faculty and Staff.

This course is designed for either an institution’s full or part time staff and faculty members. The course focuses on building and sustaining a campus-wide culture of compliance as opposed to simply providing a multitude of standards and regulations.

Contact Cindy Atwood for login information at 703-642-9444 ext. 200 or ccatwood@cvta.org

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ASSOCIATE MEMBER NEWS

Return to the Workplace EmployeePolicies & Safety Measures

A Point of Crisis Transportation is the circulatory system of our Nation. The Commercial Vehicle segment of the Transportation Industry is at a point of crisis. This irreplaceable segment includes modes of transportation across industries and markets: Supply chain and movement of cargo Warehousing and storage of goods Read More

Although returning to the workplace may look quite different from what we were accustomed to, our goal is to help make the transition back to business as smooth as possible. With the health of your employees and your organization’s priorities top of mind, we developed a list of initial considerations for you to explore as you define your return to the workplace program. In addition to the below list of considerations, we have offered resources where applicable.

Committee News

We recognize each company will implement different variations of these considerations depending on the nature of your business, industry best practices, and other requirements. Additionally, we encourage you to review local and state government orders, and to seek legal guidance for any protocols you choose to implement as deemed appropriate.

CVTA would like to thank Craig Jablonski for his efforts with the Associate Member Committee as CoChair and look forward to working with him as time allows. Marilyn Surber has been appointed as the new Co-Chairman of Committee and we all look forward to working with Marilyn.

Read More

Nominations Now Open for 2020 Influential Women in Trucking Award Nominations Award The Women In Trucking Association (WIT) and Freightliner Trucks are seeking nominations for the 2020 Influential Woman in Trucking award.

Leadership Potential” panel discussion. Those that nominate a candidate need to ask the nominee to save the date for this event if she is named a finalist.

A decade ago, the award was created to honor women who make or influence key decisions in a corporate, manufacturing, supplier, owner-operator, driver, sales or dealership setting. The winner must have a proven record of responsibility and have

"The Influential Woman in Trucking Award honors extraordinary female leaders who have been advocates and role models to others," said Ellen Voie, president and CEO of Women In Trucking Association. "With 2020 being the tenth anniversary of the award, I'm more excited than ever to see the caliber of nominations submitted."

For Nominations will be accepted through July 31: click here The winner will be announced at the WIT Accelerate!

Conference & Expo held in Dallas, Texas, September 23 – 25. Each finalist will be asked to serve as a panelist for the “How Remarkable Women Unleash their

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(Legislative & Regulatory ,continued from page 4)

WIOA UPDATE

FMCSA Extends COVID-19 Waivers

Because the COVID-19 pandemic, lawmakers have not completed FY 2021 appropriations bills, which would have normally commenced during the April through May time period. Additionally, given the extensive government spending (the “CARES Act”), lawmakers will need to regroup and pass the appropriations bill by September of this year.

On June 17, 2020, the FMCSA announced that an extension of both March 24th and March 28th waivers. Effective as of July 1 (their original date of expiration), these extensions permit continuity of the status quo and do not expire until September 30. A great benefit to the CDL training community and the industries that rely upon CDL drivers, CVTA thanks the FMCSA for their actions to keep the recovery moving forward.

Lawmakers are taking a wait and see approach to what additional supplemental funding will be needed.

The House passed the HEROES Act, which provided $3 trillion in funding to state and local government, hospitals, and other entities, but the Senate refused to act on the legislation. While the HEROES Act did not pass, it did contain supplemental funding for the WIOA program in the form of an additional $2.9 billion supplemental funding.

The March 24th Waiver

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Extends until September 30, 2020, the maximum period of CDL validity by waiving 49 CFR 383.73(b) (9) and 383.73(d)(6) for CDLs due for renewal on or after March 1, 2020.

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Extends until September 30, 2020, the maximum period of CLP validity by waiving 49 CFR 383.73(a)(2) (iii) and 383.25(c) for CLPs that are due for renewal on or after March 1, 2020, without requiring the CLP holders to retake the general and endorsement knowledge tests.

CVTA has weighed in with lawmakers to support additional WIOA funding given the dramatic increase in unemployment across our nation. Additionally, CVTA staff has discussed the importance and need to streamline WIOA in-take process in response to what we anticipate will result in high volume. Staff has also raised the issue of timely payment to service providers (schools). With talk of additional stimulus coming in a developing “COVID-4” package, CVTA staff believes that one-time WIOA funding may be included in it along with other funding such as aid state and local governments, whose tax base has been dramatically affected by the pandemic. However, the operative question is when the House and Senate will take up and pass such legislation, which remains unclear at this moment.

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Waives the requirement under 49 CFR 383.25(e) that CLP holders wait 14 days to take the CDL skills test.

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Waives the requirement under 49 CFR 391.45 that CDL holders, CLP holders, and non- CDL drivers have a medical examination and certification, provided that they have proof of a valid medical certification and any required medical variance (as defined in 49 CFR 390.5T such as an exemption letter or a skill performance evaluation certificate) that were issued for a period of 90 days or longer and that expired on or after March 1, 2020.

According to Senate GOP sources, the Senate Appropriations Committee will start working on annual spending bills next week. The House plans to begin taking up these bills after July 4th. CVTA will keep members apprised on WIOA funding developments.

Annual appropriations bills typically are passed by the house prior to Memorial Day. However, given the pandemic and other stimulus bills such as the Cares Act, lawmakers normal schedule has obviously been delayed.

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Waives the requirement under 49 CFR 383.71(h) (3) that, in order to maintain the medical certification status of “certified,” CDL or CLP holders provide the State Driver Licensing Agency with an original or copy of a subsequently issued medical examiner’s certificate and any required medical variance, provided that they have proof of a valid medical certification or medical variance that expired on or after March 1, 2020.

(Continued page 21)

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(Legislative Update continued from Page 20)

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Waives the requirement under 49 CFR 383.73(o) (2) that the State Driver Licensing Agency change the CDL or CLP holder’s medical certification status to “not certified” upon the expiration of the medical examiner’s certificate or medical variance, provided that the CDL or CLP holders have proof of a valid medical certification or medical variance that expired on or after March 1, 2020.

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Waives the requirements under 49 CFR 383.73 (o)(4) that the State Driver Licensing Agency initiate a CDL or CLP downgrade upon the expiration of the medical examiner’s certificate or medical variance, provided that the CDL or CLP holders have proof of a valid medical certification or medical variance that expired on or after March 1, 2020.

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The March 28th Waiver •

Waives the requirement under 49 CFR 383.25(a) (1) that a CLP holder be accompanied by a CDL holder, with the proper CDL class and endorsements, seated in the front seat of the vehicle while the CLP holder operates a CMV on public roads or highways. Under the terms, conditions, and restrictions of this waiver, a CLP holder may operate a CMV on public roads or highways without an accompanying CDL holder present in the front seat of the vehicle, provided that the CDL holder is elsewhere in the cab. In addition, the CLP holder must be in possession of evidence from the testing jurisdiction, including an authorized third-party tester, that the CLP holder has passed the CDL driving skills test, and, the CLP holder has a valid non-CDL driver’s license, CLP, and medical certificate, unless FMCSA’s waiver regarding expiring CDLs, CLPs and medical examiners’ certificates, effective on July 1, 2020, applies.

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Waives the restriction under 49 CFR 383.79(a) that limits a State to administering a driving skills test, in accordance with subparts F, G, and H of 49 CFR part 383, to an out of state CDL applicant who has taken driver training in that State. Under the terms, conditions, and restrictions of this waiver, a State may elect to administer a driving skills test to any out of state CDL applicant, regardless of where the applicant received driver training.

In accordance with 49 CFR 383.23(a)(1) and 391.41(a)(1)(i), FMCSA continues to recognize the validity of commercial driver’s licenses issued

by Canadian Provinces and Territories and Licencias Federales de Conductor issued by the United Mexican States, in accordance with 49 CFR part 383, when such jurisdictions issue a similar notice or declaration extending the validity date of the medical examination and certification and/or validity of the corresponding commercial driver’s license due to interruption to government service resulting from COVID-19.

Full document here.

Full document here.

(CDL Life))

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driver has records of a violation of 49 CFR part 382 or the controlled substances use rule of another DOT agency within the previous six months.

As employers begin to recall drivers who were furloughed, laid off, or otherwise not working for the company for more than 30 days, the cost and logistical barriers of testing a large influx of drivers in a short time frame are significant, at a time when the commercial trucking and motorcoach industry is facing unprecedented economic challenges. This problem is further compounded by the reduced availability of controlled substances testing resources due to continued facility closures or other testing impediments caused by the COVID-19 public health emergency.

This waiver would extend, from 30 days to 90 days, the period under which drivers would qualify for the pre-employment testing exception under 49 CFR 382.301(b). This relief would allow employers to forego pre-employment testing for drivers who have participated in a controlled substances testing program that meets the requirements of 49 CFR part 382 within the previous 90 days of hire or rehire. Allowing employers to forego pre-employment testing for drivers who were in a testing program within the previous 90 days will provide relief from the administrative burdens and costs associated with administering tests and allow them to return drivers to the workforce in a more efficient manner, thus promoting job creation and economic growth.

FMCSA RELEASES COVID-19 PREEMPLOYMENT TESTING GUIDANCE Bryan Stout, President Transportation Compliance Services, USA The Federal Motor Carrier Safety Administration (FMCSA) has granted a three-month wavier from certain pre-employment testing requirements for applicable motor carriers. This waiver extends the period under which drivers would qualify for the preemployment testing exception under 49 CFR 382.301(b) from 30 days to 90 days. This relief would allow employers to forego pre-employment testing for drivers who have participated in a random controlled substances testing program that meets the requirements within the previous 90 days of hire or rehire. Proof of participation in an applicable testing program would need to be documented by the employer per the requirements. Drivers who have not been enrolled in a random testing program would not be eligible for the waiver and a pre-employment drug test would still be required. This waiver is effective June 5th, 2020 and ends on September 30th, 2020.

Currently, pursuant to 49 CFR 382.301(a), prior to the first time a driver performs safety-sensitive functions for an employer, the driver must undergo preemployment testing for controlled substances and the employer must receive a verified negative controlled substances test result for that driver from a medical review officer or a consortium/third party administrator. This requirement also applies each time a driver returns to work after a furlough, lay-off, or other period of unemployment when the driver does not continue to be subject to random controlled substances testing in accordance with 49 CFR 382.305.

Section 382.301(b) provides an exception allowing an employer to forgo administration of a preemployment test if the driver has participated in a controlled substances testing program that meets the requirements of 49 CFR part 382 within the previous 30 days; and, if while participating in that program, the driver either:

FMCSA finds that the granting of this waiver is in the public interest because it will facilitate the efficient return of furloughed commercial motor vehicle drivers to the workforce, allowing them to resume critical transportation functions performed by passenger and property motor carriers. In addition, this waiver will reduce the regulatory burden on employers and furloughed drivers subject to the preemployment testing requirement.

(i)was tested for controlled substances within the past 6 months or (ii)participated in the random controlled substances testing program for the previous 12 months.

The FMCSA wavier can be viewed here.

In addition, under the exception, the employer would be required to ensure that no prior employer of the 23

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MEET THE MEMBERS

Jeff Steinberg, President

Apex CDL Institute Kansas City KS

Jeff Steinberg is a member of the CVTA Board of Directors and serves as a Co-Chair of the Motor Carrier Committee.

A: The information I receive. Being a part of a group that works together to achieve goals that I could not do on my own. We are more effective ad a group for legislative and regulatory issues. All of the members and staff working together to accomplish goals that are too large for me as an individual school.

Q: When did you join CVTA A: May 2014 Q: How did you get into commercial driver training?

A: I had a trucking company that I sold . I took a year off and then n 2010 a Colleague wanted to open a school in TN . Once we opened the school I decided I wanted to open my own school in Kansas in 2013.

Q: What advice would give other members about running a school?

Q: What is the best part of your job?

A: Know your students, meet everyone walking in and walking out, pay close attention to the relationship between student and instructions. Prevents issues down the road.

A: Helping people change their life for the better.

Seeing people go from having a job to a career.

Q: What advice would you give other members on participating in CVTA?

Q: What ‘s the biggest struggle you face in running your school?

A: Go to the conventions! Do not be afraid to introduce yourself to the other members. This group really wants to help each other.

A: Helping people find the means to pay for the training. There is a strong need for more funding, There are people who want to learn but do not have the means.

Q: How has CVTA helped you and or your school ?

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CVTA COMMITTEES Associate Member

Membership & Communications

John Rojas and Marilyn Surber

Gary Pressley and Cheryl Freauff

Conference

Motor Carrier

Becky Hudson and Jill Balleh

John Diab and Jeff Steinberg

Legislative & Regulatory

Oversight

Gary Pressley and Brad Ball

Nadia Speney and Tim McLain

Member Services Jerome Redmond and Tina Singh

5th ANNUAL “TRANSITION TRUCKING:DRIVING FOR EXCELLENCE” Award Nomination Period Opens

Kenworth Donates T680 76-inch Sleeper with PACCAR Powertrain to Recognize Top Rookie Veteran Serving as Commercial Truck Driver Kenworth, FASTPORT and the U.S. Chamber of Commerce Foundation’s Hiring our Heroes program are joining together for the fifth consecutive year to honor America’s top rookie military veteran driver, who has made the transition from serving in the U.S. Armed Forces to driving for a commercial fleet. Under the “Transition Trucking: Driving for Excellence” recognition program, Kenworth will again provide the top award – a Kenworth T680 equipped with a 76-inch sleeper and the PACCAR Powertrain featuring the PACCAR MX-13 engine, PACCAR 12-speed automated transmission, and PACCAR 40K tandem rear axles.

public vote. Full criteria and online nomination forms can be found on the “Transition Trucking: Driving for Excellence” website (www.transitiontrucking.org).

The Mike O’Connell Top Rookie of the Year Contest is still in the review process as and soon as we have further information we will advise the membership.

Nominations must be provided by 11:59pm July 31, 2020, and companies are encouraged to nominate up to five drivers. The top driver will be determined by an expert selection committee along with a

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ASSOCIATE MEMBER HIGHLIGHT Tenstreet Offers Free Driver Onboarding Services in Response to COVID-19 In CCJ’s March 17th edition of the Daily Dispatch, NATSO President and CEO Lisa Mullings recognized travel and truck stops as “‘essential’ businesses that must remain open even if other ‘nonessential’ businesses are forced to close.” As we watch our local restaurants and gyms close, see social and business events cancelled, and continue to distance ourselves socially from our loved ones, our compassion and admiration continues to grow for one industry that works tirelessly to provide us with our vital needs.

clients and their drivers for 90 days. Making these services free to our clients will not only help drivers more quickly prepare for work and shorten any time spent in orientation class, but greatly reduce the risk of spreading COVID-19.

According to a recent look at our driver data, application volume is on the rise – meaning we can expect trucks to fill at faster rates than usual. To help carriers hire employees safely and get much needed drivers on the road faster, carriers can now easily move to these solutions that allow remote onboarding for drivers:

So how are drivers staying safe from the threat of the coronavirus? Some carriers have helped by providing hand sanitizer and making wearing gloves mandatory. Others issue daily tips and reminders on things like proper hand-washing procedures and keeping your hands free from your face. By the nature of the position, drivers (especially those who drive longhaul) already are used to social distancing and practice frequent hand-washing, so many are reporting ‘business as usual’ conditions, for now.

Drivers can complete their work from their laptop, tablet, or mobile device by signing into our driver portal or downloading our driver-facing app Driver Pulse, available for free for Android and iOS .

Help keep drivers safe We stand with our carriers and drivers and will continue to do what we can to help keep the trucking industry moving forward during this uncertain time.

Drivers serve a critical function in our society and we greatly appreciate their labor during a time where the transfer of necessary supplies is more needed than ever before.

But for newly-hired drivers, the story is a little different. Carriers traditionally bring new hires into their corporate office to provide small and large group orientation classes to cover company policy, review videos on good trucking practices, make final application updates, and complete orientation packets.

4 free tools to promote remote onboarding At a time when the number of active cases continues to rise, we believe it’s critical to act together to help mitigate the impact of the virus in the United States.

To support social distancing and limiting group size, we are now offering our onboarding tools free to

Let’s work together to keep the transportation industry and the community as a whole safe, and slow the spread of COVID-19.

If you are interested in setting up any of all of these free onboarding tools, please reach out to your advisor to schedule a call or email Marilyn Surber .

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MEET CVTA’S BOARD OF DIRECTORS Chairman

Vice Chairman

Treasurer

Immediate Past Chairman

Larry Marsh

Gary Pressley

Stuart Bowman

JTL Truck Driver Training

Brad Barber

Heavy Metal Truck

Roadmaster Driver’s

Georgia Driving Academy

Training

School

Executive Committee

Board Emeritus

Board Emeritus

John Diab

Bruce Busada

Smith and Solomon

Diesel Driving Academy

Lou Spoonhour Retired

Board Emeritus

Motor Carrier Member Representative

Tim McLain Swift Transportation

Associate Member

Associate Member

Rebecca Hudson

John Rojas Advanced Training Systems Mike Byrnes & Associates

Motor Carrier Member Representative

Cheryl Freauff

TMC NAPFTDS Representative

Martin Garsee Houston Community College

Board Member

Tina Singh CA Truck Driving Academy

Board Member

Board Member

Jerome Redmond American Truck Training 30

Board Member

Jeff Steinberg

Nadia Speney

Apex CDL Institute

PIA Commercial

2020 PREMIUM SPONSORS DIAMOND MEMBERS

PLATINUM MEMBERS

GOLD MEMBERS

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PUBLICATIONS AVAILABLE ON THE WEBSITE CVTA has created a series of documents to aid members in proactive outreach to various stakeholders. We encourage members to review these materials.

Admissions

Media Tips and Talking Points

The Admissions document covers suggested Best Practices in admissions and is the product of roundtable sessions at CVTA conferences, discussions with members, and numerous phone calls with members of the CVTA community. Because admissions activities are highly regulated, and actively scrutinized, the primary focus of this document is establishing admissions practices that are compliant with applicable laws and regulations. Keep in mind, however, that this guide is not meant to serve as legal advice. Nor should it be considered comprehensive. Rather, it is intended to provide CVTA members with ideas to consider as they work to improve business efficiency, oversight, and the success of their schools. We expect that this document will be revised, updated, and expanded over time.

CVTA has produced a CVTA Member’s Media Tips & Talking Points document for members to aid them in the communications outreach with press and media. Telling our story and talking about the issues facing our industry is a tremendous opportunity for members to educate the public and stakeholders on what you do. CVTA has created this document to educate members on the dos and don’ts of talking with the press, educate members on issues either they will be asked about or will want to discuss, and background information on the issues. This document can be accessed on CVTA’s member-only website under “Best Practices”. An active login is required.

ELDT Document for State Education & DMV Officials

Financial

CVTA has also created a short document to educate both State Education and DMV officials about the upcoming ELDT regulation. Many in Higher Education and state DMV’s are unfamiliar with the ELDT. This document helps to give State Officials the quick facts and establish a dialogue, with you serving as the expert. If needed, CVTA can assist. We strongly encourage you to have discussions with your state officials about this upcoming regulation, how it will impact training. By doing so, you are seen by these stakeholders as a trusted resource on this important issue.

The Financial Best Practices document covers three important areas – Accounting, Student Financing, and Collections. This document is not meant to serve as legal advice or be all-inclusive with regards to finance. Rather, it is intended to provide CVTA members things to consider as you work to improve on business efficiency, oversight, and the success of your school.

Insurance This document serves as a set of best practices for commercial vehicle training schools and discusses types of coverages a school needs to consider and discuss with their insurance broker. A set of best practices is important because the lack or omission of coverage could result in significant financial loss to the school and it’s owners. This presentation is designed to aid commercial vehicle training school’s directors, owners or anyone involved with safety and risk management.

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