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The Takeaway

The overall goal of the Safe Driver Apprenticeship Pilot Program—to address the national commercial carrier shortage—may have been a noble one. Nonetheless, it may have also led to commercial motor carriers absorbing increased risk, liability exposure, and time-consuming reporting requirements.

Commercial carriers should:

• take a holistic approach when determining whether the Safe Driver Apprenticeship Pilot Program is right for them
• remember that even if the program ends in November 2025, November 2025 might not be the end date for any statute of limitations concerns

The Safe Driver Apprenticeship Pilot Program

Normally, an individual between age of 18 and 20 has a K restriction on their Commercial Driver’s License (CDL). That means their commercial driving is restricted to driving only within the state where the license was issued [in accordance with 49 C.F.R. §383.153(a)(10)(vii)]. Drivers under 21 can’t operate a commercial motor vehicle in interstate commerce without an exemption from the K license restriction.

To combat the national shortage of commercial motor vehicle operators, in 2022 the Federal Motor Carrier Safety Administration (FMCSA) launched the Safe Driver Apprenticeship Pilot Program. This allows 18 through 20 year olds to operate commercial motor vehicles in interstate commerce.

This program came with specific conditions and requirements for these under 21-year-old drivers. Initially, participants in the pilot program were subject to inward facing cameras, engagement in an apprenticeship program, and a probationary period. In May 2024, however, the program relaxed some of those initial requirements, eliminating inward facing cameras and registered apprenticeship requirements.

Still, by April 2024, the program had a lackluster start, with only 113 motor carrier applications. Unless Congress intervenes, the program will expire in November 2025.

Problems with the Program

Although the program has positive intentions, it’s not without criticism. Opponents to the program cite statistics that show commercial motor vehicle drivers between the ages of 19 and 20 are more likely to be involved in fatal crashes that those 21 or older. Opponents also raise concerns about the safety of young drivers and the potential for employers to take advantage of young workers by paying reduced wages and providing minimal training. Additionally, some argue the problem for the trucking industry isn’t a shortage of drivers but rather a lack of retention due to rates of turnover.

How does the Safe Driver Apprenticeship Pilot Program play out in the legal field? Increased insurable risk, escalated liability, and heightened FMCSA reporting requirements.

Insurable Risk: As those who have the pleasure of insuring drivers under the age of 21 are well aware, premiums associated with insurance coverage for younger drivers are far higher than those associated with drivers over 21. Why? The insurable risk associated with younger drivers is far greater than that of older drivers. The Centers for Disease Control and Prevention reports that drivers aged 16 to 19 are three times more likely to be involved in a fatal crash than drivers aged 20 and older. This is, in part, due to research suggesting that young drivers are more prone to engaging in risky driving behaviors, such as speeding, distracted driving, and driving under the influence. Additionally, young drivers may have little to no driving history, straining an insurer’s ability to assess risk. These factors and more may lead to higher insurance premiums for commercial motor carriers who choose to participate in the Safe Driver Apprenticeship Pilot Program.

Escalated Liability: While the Safe Driver Apprenticeship Pilot Program aims to mitigate any potential legal risk by requiring experienced drivers to accompany apprentices, this doesn’t eliminate the ongoing peril commercial carriers face on a daily basis: accidents. According to the most recent publicly available FMCSA data, in 2021, 5,904 large trucks and buses were involved in fatal crashes, an 18% increase from 2020. In 2021, there were approximately 160,000 accidents involving large trucks or buses. By allowing 18- to 20-year-old drivers to operate commercial vehicles in interstate commerce, the Safe Driver Apprenticeship Pilot Program could theoretically increase the chance of a fatal accident three times over. Accidents can lead to lawsuits, and a higher frequency of accidents can—in turn—lead to a greater increase in lawsuits.

Reporting Requirements: Failure to follow FMCSA reporting requirements can result in serious consequences for motor carriers, including fines and potential suspension of operating authority. (As of January 2025, the maximum daily penalty for committing recordkeeping violations increased from $1,544 to $1,584, and the maximum total penalty is now $15,846 instead of $15,445.) In addition to the already lengthy list of required information commercial carriers must provide to the FMCSA, the Safe Driver Apprenticeship Pilot Program also requires commercial carriers to submit monthly data on apprentices, including their safety records and driving time. In the backdrop of increased penalties and fines, the heightened reporting requirements for participation in the Safe Driver Apprenticeship Pilot Program increases the probability of reporting mishaps, resulting in even more penalties or fines.