Section 20 of the Ocean Shipping Reform Act of 2022 (OSRA) directed the Administrator of FMCSA to conduct a review of the Administrator-issued discretionary waiver authority described in the document titled, “Waiver for States Concerning Third Party CDL Skills Test Examiners In Response to the COVID–19 Emergency,” dated August 31, 2021 (August 31 Waiver), for safety concerns. OSRA directed the Administrator to either make the August 31 Waiver permanent and amend 49 CFR 384.228 or submit a report explaining the reasons for declining to move forward with the rulemaking.

“The Third Party Commercial Driver’s License Skills Test Examiners Report to Congress” describes FMCSA’s safety concerns and intended path forward for establishing regulatory standards for third party knowledge test examiners. Also included is the guidance for the states recommending best practices for the training and oversight of third party knowledge test examiners.