NATIONAL PROFESSIONAL TRUCKING APPRENTICESHIP

FREIGHT OPERATIONS PROTECTION & TRANSPARENCY ACT

NATIONAL PROFESSIONAL TRUCKING APPRENTICESHIP

SECTION 1. SHORT TITLE

This section may be cited as the

“Freight Operations Protection & Transparency Act – Professional Trucking Apprenticeship Program”

(hereinafter referred to as the “FOPT Apprenticeship Program”).

SECTION 2. PURPOSE & FINDINGS

(a)    PURPOSE

The purpose of this Act is to:

1.       Establish trucking as a recognized skilled trade

2.       Reduce commercial motor vehicle crashes through extended, supervised training

3.       Improve workforce retention and professional standards

4.       Reduce insurance risk and public safety hazards

5.       Eliminate predatory, short-term CDL training pipelines

6.       Protect apprentice drivers from exploitation and unsafe practices

(b)    FINDINGS

Congress finds that:

1.       Commercial motor vehicles operate at weights and kinetic forces capable of causing catastrophic harm

2.       Current CDL training models prioritize speed and volume over safety and competence

3.       New drivers are disproportionately represented in preventable crashes

4.       Insurance markets increasingly refuse coverage to inexperienced drivers

5.       Other skilled trades require apprenticeships ranging from 1 to 4 years

6.       Trucking lacks a standardized, federally recognized apprenticeship structure

7.       Congress further finds that these conclusions are supported by data and research produced by the Federal Motor Carrier Safety Administration, National Transportation Safety Board, Department of Labor, and commercial motor vehicle insurance markets.

SECTION 3. DEFINITIONS

For purposes of this Act:

1.       “Apprentice” means an individual enrolled in an approved FOPT Apprenticeship Program

2.       “Mentor” means a qualified CDL holder certified under Section 7

3.       “Program Sponsor” means a carrier, nonprofit, labor organization, or educational entity approved under Section 6

4.       “Commercial Motor Vehicle” has the meaning given in 49 U.S.C. § 31101

5.       “Secretary” means the Secretary of Transportation

6.       “Approved Program” means a trucking apprenticeship program authorized by the Secretary pursuant to this Act and applicable regulations

SECTION 4. PROGRAM ESTABLISHMENT

(a)    ESTABLISHMENT

The Secretary, acting through the Federal Motor Carrier Safety Administration, shall establish a national professional trucking apprenticeship program with a duration of not less than 24 weeks and not more than 32 weeks.

(b)    PROGRAM MODEL

The program shall operate under an earn-while-you-learn structure and shall not require unpaid labor.

SECTION 5. PROGRAM STRUCTURE & DURATION

Phase I – Orientation, Professional Responsibility & Regulatory Foundations (Weeks 1–4)

Phase I instruction shall establish the foundational professional identity, regulatory understanding, and safety mindset required for participation in commercial motor vehicle operations. Instruction during this phase shall include:

1. Comprehensive instruction on the structure, jurisdiction, and enforcement authority of federal and state agencies regulating commercial motor vehicle operations, including the Federal Motor Carrier Safety Administration and state enforcement partners.

2. Education regarding the legal responsibilities, personal liability, and professional accountability of commercial driver’s license holders, including civil liability, criminal exposure, administrative penalties, and long-term career consequences.

3. Instruction on professional conduct, ethical obligations, and industry standards governing interactions with enforcement personnel, employers, dispatchers, shippers, receivers, and the general public.

4. Training on controlled substances and alcohol regulations, including testing requirements, Clearinghouse compliance, reporting obligations, and the permanent impact of violations on employability

5. Introduction to roadside inspections, compliance reviews, and enforcement processes, including the rights and responsibilities of drivers during such interactions

Phase I shall emphasize that operation of a commercial motor vehicle is a regulated profession involving public safety responsibilities and shall establish expectations of professionalism, accountability, and lawful conduct throughout the apprenticeship.

Phase II – Regulatory Compliance, Safety Systems & Mechanical Competency (Weeks 5–8)

Phase II instruction shall focus on regulatory compliance, mechanical understanding, and risk mitigation necessary for safe and lawful vehicle operation. Instruction during this phase shall include:

1. Detailed instruction on Hours-of-Service regulations, electronic logging device operation, data accuracy, and common compliance failures

2. Education on the relationship between regulatory compliance, fatigue management, crash risk, and enforcement actions

3. Comprehensive instruction on commercial motor vehicle systems, including braking systems, steering components, suspension, tires, coupling devices, lighting, and safety equipment

4. Practical training in pre-trip, en-route, and post-trip inspections, including defect identification, documentation, and reporting obligations

5. Instruction in accident prevention theory, hazard recognition, and defensive driving principles

6. Training in post-incident procedures, including accident reporting, evidence preservation, and regulatory notification requirements

7. Education on environmental, terrain, and operational risk factors, including adverse weather, mountainous terrain, urban congestion, and seasonal hazards

Phase II shall ensure apprentices possess sufficient regulatory knowledge and mechanical awareness to identify unsafe conditions and compliance risks prior to vehicle operation.

Phase III – Controlled Vehicle Operations, Yard Management & Simulator-Based Instruction (Weeks 9–12)

Phase III instruction shall consist of hands-on vehicle operation conducted in controlled environments designed to build technical proficiency while minimizing public risk. Instruction during this phase shall include:

1. Vehicle control, maneuvering, backing, and spatial awareness training in yard and closed-course environments

2. Instruction in coupling and uncoupling procedures, trailer inspection, securement verification, and trailer-specific safety considerations

3. Simulator-based or equivalent training addressing emergency maneuvers, evasive actions, braking failures, equipment malfunctions, and hazard response

4. Controlled exposure to limited road operations under direct instructor supervision

5. Progressive introduction to traffic environments appropriate to demonstrated skill level and instructor evaluation

Phase III shall be conducted in a manner that allows instructors to identify deficiencies, reinforce safe operating habits, and correct unsafe behaviors prior to extended public roadway exposure.

Phase IV – Supervised Road Operations, Trip Execution & Applied Judgment (Weeks 13–20)

Phase IV instruction shall involve mentored on-road operations under continuous supervision by a certified mentor, with progressive responsibility based on demonstrated competency. Instruction during this phase shall include:

1. Route planning, trip execution, and time management consistent with regulatory requirements and safety considerations

2. Interaction with dispatch personnel, shippers, receivers, and facility operators, including appointment management, documentation handling, and professional communication

3. Compliance-focused log management, documentation accuracy, and recordkeeping discipline

4. Dock operations, yard navigation, freight handling procedures, and customer interaction

5. Application of safety judgment in real-world operating conditions, including traffic density, adverse weather, nighttime operations, and unexpected delays

6. Instruction on fatigue recognition, stress management, and safe decision-making under operational and economic pressure

During Phase IV, apprentices shall not operate independently and shall remain under continuous supervision by a certified mentor.

Phase V – Business Operations, Financial Literacy & Career Sustainability (Weeks 21–24)

Phase V instruction shall address the economic, contractual, and professional realities of commercial motor vehicle operation. Instruction during this phase shall include:

1. Education on compensation structures, pay models, and methods of calculating earnings

2. Instruction on employment classification, tax obligations, and financial recordkeeping responsibilities

3. Overview of lease-purchase arrangements, contractual obligations, and associated financial risks

4. Instruction on insurance fundamentals, liability exposure, and risk management principles

5. Training regarding detention, breakdowns, accessorial compensation, and dispute resolution

6. Career pathway planning within the commercial motor vehicle industry, including long-term professional development and advancement considerations

Phase V shall be designed to reduce financial exploitation, improve informed decision-making, and promote workforce stability.

Phase VI – Optional Specialization, Advanced Operations & Extended Mentored Experience (Weeks 25–32)

Phase VI may include optional specialization or extended mentored operations based on demonstrated competency and program availability. Instruction during this phase may include:

1. Freight-specific operational training, including flatbed, refrigerated, tanker, or hazardous materials preparation

2. Advanced operating environments or conditions requiring heightened skill and judgment

3. Performance-based refinement of driving, compliance, and decision-making skills

4. Extended mentored seat time designed to reinforce safe operating habits and professional judgment

Participation in Phase VI shall not reduce, replace, or waive the requirements of Phases I through V. Completion of Phases I through V shall be mandatory and sequential, and no phase may be combined, abbreviated, or completed concurrently for purposes of certification under this Act.

SECTION 6. PROGRAM SPONSOR REQUIREMENTS

Program sponsors must:

1.       Be registered and in good standing with FMCSA

2.       Maintain appropriate insurance coverage

3.       Prohibit unpaid apprenticeship labor

4.       Maintain written training records

5.       Submit to audits and compliance reviews

6.       Prohibit training-for-debt or contract coercion

7.       Failure to comply with this section shall constitute grounds for suspension or revocation of program approval.

SECTION 7. MENTOR CERTIFICATION STANDARDS

(a)    MINIMUM QUALIFICATIONS

A mentor must:

1.       Hold a valid Class A CDL

2.       Have no less than 5 consecutive years of CDL experience

3.       Have no at-fault DOT-recordable crashes in the preceding 36 months

4.       Have no moving violations in the preceding 24 months

5.       Maintain CSA BASICs below alert thresholds

6.       Be Clearinghouse compliant

(b)    DISQUALIFYING CONDITIONS

A mentor shall be disqualified for:

1.       DUI or drug/alcohol violations within 5 years

2.       Reckless driving history

3.       Log falsification

4.       Harassment or abusive conduct

5.       Sleeping or absence during apprentice operation

6.       Encouraging violations of law or policy

7.       Convictions for violent felony offenses, sexual offenses involving coercion or assault, or repeated domestic violence offenses, as defined by applicable federal or state law, within the preceding 5 years.

(c)    MENTOR RESPONSIBILITIES

Mentors shall:

1.       Remain alert while apprentice is driving

2.       Provide real-time instruction

3.       Enforce safety-first operations

4.       Conduct daily reviews of logs and inspections

5.       Complete weekly apprentice evaluations

SECTION 8. APPRENTICE PROTECTIONS

Apprentices shall:

1.       Receive compensation during training

2.       Not be pressured to violate safety or labor laws

3.       Retain the right to report violations without retaliation

4.       Receive written evaluations and performance feedback

SECTION 9. COMPENSATION STANDARDS

1.       Apprentices shall be paid during all training phases

2.       Mentors shall receive additional compensation not tied to mileage

3.       Compensation structures shall prioritize safety outcomes

SECTION 10. ASSESSMENT & CERTIFICATION

a.       Graduation shall require:

1.       Road skills examination

2.       Log and compliance audit

3.       Safety scenario evaluation

4.       Professional conduct review

5.       Mentor recommendation

6.       Mechanical systems knowledge including practical pre-trip inspection evaluations

b.       Certification shall be portable and recognized by participating carriers.

SECTION 11. ENFORCEMENT & OVERSIGHT

The Secretary shall:

1.       Establish audit authority

2.       Impose penalties for noncompliance

3.       Revoke program approvals for violations

4.       Publish annual program safety outcomes

5.       Establish procedures for periodic program updates reflecting changes in equipment standards, safety research, and applicable laws and regulations.

SECTION 12. RULEMAKING AUTHORITY

The Secretary may promulgate regulations necessary to carry out this Act.

SECTION 13. SEVERABILITY

If any provision of this Act is held invalid, the remainder shall not be affected.

SECTION 14. EFFECTIVE DATE

This Act shall take effect 90 days after enactment.