CDL Licensing • ELDT.LIVE
PAM Transport Asks FMCSA to Relax Front-Seat Rule for Post-Test CLP Drivers
FMCSA is taking comments on PAM Transport's request to let certain CLP holders who passed the CDL skills test drive while a qualified CDL holder remains elsewhere in the vehicle.
FMCSA opened a new CDL exemption request for comment
FMCSA published a notice on October 27 seeking public comment on an application from PAM Transport, Inc. The carrier wants a five-year exemption from one part of the commercial learner's permit supervision rule. The request concerns a narrow group: CLP holders who have already passed the applicable CDL skills test but have not yet received the physical CDL credential from their State of domicile. The notice begins a review process; it does not approve the request or change the rule for PAM, other carriers, schools, or drivers.
The current front-seat supervision rule still applies
Under 49 CFR 383.25(a)(1), a CLP holder operating a commercial motor vehicle must be accompanied by a valid CDL holder with the proper class and required endorsements. That supervising driver must be physically present in the front seat next to the CLP holder, or in the specified position in a passenger vehicle, and must maintain observation and direct supervision. Passing the skills test does not by itself convert a CLP into a CDL or remove this requirement. Until FMCSA issues a final decision and any exemption becomes effective, fleets and drivers must continue following the existing rule.
PAM wants the CDL holder to remain inside the vehicle
PAM's proposal would allow an eligible post-test CLP holder to drive without the qualified CDL holder occupying the front passenger seat. The CDL holder would still have to remain physically present somewhere in the commercial motor vehicle and possess the appropriate class and endorsements. The company says the change would let a driver participate in a revenue-producing trip back to the State of domicile to obtain CDL documents, rather than remain idle or travel home in a non-driving capacity.
The request could cover 500 to 700 drivers each year
PAM estimates that approximately 500 to 700 CLP holders would operate annually under the requested exemption. The company says it recruits entry-level drivers through CDL training programs, including programs outside a driver's State of domicile, and argues that credential-processing time delays productive employment. Those figures and claimed benefits are the applicant's estimates and rationale, not findings that FMCSA has independently adopted.
PAM proposed eight eligibility checks
According to the notice, PAM would verify that a driver has a valid CLP and ordinary driver's license from the State of domicile, passed the applicable CDL skills test and carries evidence of completion, holds the required endorsements, remains medically qualified, is not subject to an out-of-service order or suspended driving privileges, satisfies PAM's qualification requirements, and has a properly qualified CDL holder physically present in the CMV. PAM also says drivers would carry the license, CLP, skills-test evidence, and a copy of any exemption for inspection.
FMCSA must decide whether safety would be equivalent
Federal law allows FMCSA to grant an exemption only when it determines that the proposed operation would likely maintain a level of safety equivalent to, or greater than, compliance with the existing rule. PAM points to the completed skills test, proposed document checks, a qualified CDL holder remaining in the vehicle, operational records, and continuous safety monitoring. FMCSA will review the application, safety analysis, docket material, and public comments before granting or denying the request.
Any approval would be carrier-specific and conditional
Even if FMCSA grants the request, the result would not automatically apply to every post-test CLP holder or motor carrier. A final notice would identify the covered party, effective dates, regulatory provision, and enforceable terms. Drivers would need to satisfy every condition and carry any required documentation. Other carriers, training providers, and students should not copy PAM's proposed procedure or treat the pending application as general authority.
Students should separate test completion from license issuance
A successful skills test is a major licensing milestone, but the driver remains a CLP holder until the State issues the CDL. Before any trip after testing, confirm the credential shown in the State record, the status of the CLP, medical qualification, endorsements and restrictions, the supervising driver's qualifications and seating position, and the carrier's written authorization. A test receipt or examiner document is not a substitute for a CDL unless a specific, effective federal or State provision says otherwise.
Public comments are due November 27
FMCSA will accept comments under Docket No. FMCSA-2026-3466 through November 27, 2026. A useful comment should identify the part of the request it addresses and provide a reason, operational experience, safety data, or another concrete basis for the recommendation. Regulations.gov publishes submitted comments without editing, including personal information supplied by the commenter, so participants should review the docket instructions and avoid unnecessary personal details.
What fleets and trainees should do now
Continue using the current CLP supervision rule; do not move a supervisor out of the required position based on the application alone. Carriers should preserve proof of the driver's licensing and medical status, verify the supervisor's CDL class and endorsements, and monitor the Federal Register docket for a final decision. Trainees should ask their home licensing agency when the CDL will be issued and plan travel and employment around the credential they actually hold, not the credential they expect to receive.
Educational summaries help you prepare, but official FMCSA and state licensing sources remain the authority for current requirements.
Official sources
FMCSA — PAM Transport Application for Exemption ↗GovInfo — Official Federal Register Notice, 91 FR 67645 ↗Regulations.gov — Docket FMCSA-2026-3466 ↗eCFR — 49 CFR 383.25, Commercial Learner's Permit ↗ELDT.live independently creates and reviews its content. We do not present practice questions as official examination questions and do not guarantee a licensing result.