Washington, D.C. — The Federal Motor Carrier Safety Administration told lawmakers this week that turning the pandemic‑era CDL test examiner waiver into a permanent rule would erode safety safeguards and leave states without clear authority to police third‑party testing.

The waiver, first issued in 2020 to keep CDL knowledge exams running amid COVID‑19 closures, let private companies hand out the written test without the standard state‑employer training. While the temporary fix kept driver pipelines moving, FMCSA stresses that the same loophole cannot stay open without a regulatory framework that forces states to audit and monitor every external examiner.

In its November 2025 report to Congress, FMCSA warned that “the lack of regulatory requirements for states to audit and monitor the operations of third‑party knowledge examiners” creates a risk of fraud and uneven testing. The agency noted the waiver was granted “because of the temporary nature and limited scope of the regulator relief” demanded by the pandemic. A notice of proposed rulemaking is now in the works, aiming to set minimum standards for record checks, oversight procedures, and continuous monitoring. Meanwhile, the House Transportation and Infrastructure Committee has already cleared the LICENSE Act, a bill that would cement the waiver into law, and the measure now heads to the full House for a vote.

What This Means for Drivers

CDL‑A drivers and owner‑operators could see longer wait times for their knowledge test if states adopt stricter audit rules, as private examiners would need to meet new licensing criteria. Fleet managers may have to adjust hiring timelines, especially for OTR truck driver positions that rely on rapid onboarding. Drivers seeking truck driver jobs should verify that any testing center they use is certified under the forthcoming FMCSA regulations, or risk having to retake the exam later.

Industry Reaction

Trucking associations and carrier groups have expressed mixed feelings. The Owner‑Operator Independent Drivers Association warned that permanent third‑party testing without oversight could dilute test integrity, while some regional carriers argue that the current waiver already strains their recruitment pipelines. Across the board, industry leaders agree that any permanent change must balance safety with the practical need to keep qualified CDL‑A drivers moving onto the road.

Key Points

• FMCSA’s 2025 report to Congress warns permanent waiver lacks audit and fraud‑prevention safeguards.
• The original waiver was a COVID‑19 emergency measure allowing private examiners to skip state‑employer training.
• A notice of proposed rulemaking will establish minimum standards for record checks and ongoing oversight of third‑party testers.
• The LICENSE Act, cleared by the House Transportation and Infrastructure Committee, seeks to make the waiver permanent despite FMCSA objections.

Looking for a better trucking job? US Trucker's free job-matching service connects CDL‑A drivers, OTR drivers, regional drivers, and owner‑operators with 500+ top US carriers. Leave your details in the form on this page and a recruiter will call you within one business day. Trucking companies are hiring now.

Photo by hitesh Sarain on Pexels