FMCSA Denies Project GAP Exemption Request

FMCSA Denies Project GAP CDL and ELD Exemptions

The Federal Motor Carrier Safety Administration (FMCSA) has denied a request from Project GAP to exempt its volunteer drivers from federal Commercial Driver’s License (CDL) and electronic logging device (ELD) requirements.

The agency said Project GAP did not show that removing those requirements would provide the same level of safety as the current federal regulations. As a result, the organization’s volunteer drivers must continue to meet the same CDL and ELD rules that apply to other commercial motor vehicle operators.

What Is Project GAP?

Project GAP is a nonprofit organization operated by Diamond Excursions Ladies Edition. The group delivers donated food, water, hygiene products, and other supplies to underserved communities and areas affected by natural disasters.

The organization relies on volunteer drivers to transport those supplies, including trips that cross state lines. According to its application, these trips are made only when needed and are not part of a regular commercial operation.

Why Project GAP Requested the Exemptions

Project GAP asked FMCSA to grant two exemptions.

First, it requested permission for volunteer drivers to operate commercial vehicles without obtaining a CDL.

Second, it asked to use paper logbooks instead of ELD, even though its operations exceed the existing federal limit that allows paper logs for no more than eight days during any 30-day period.

The nonprofit said these exemptions would allow it to respond more quickly during emergencies and disaster relief efforts. It also stated that its volunteer drivers receive training, complete medical and safety screenings, and are covered by insurance.

Most Public Comments Opposed the CDL Exemption

FMCSA received 81 public comments about the request.

Most people who commented opposed removing the CDL requirement. Many said anyone driving a commercial truck should have the proper license.

Some commenters said they would not object to allowing paper logs, but they still believed drivers should be required to hold a valid CDL. Others suggested the nonprofit use smaller vehicles that do not require a CDL or work with licensed commercial drivers.

Why FMCSA Denied the Request

After reviewing the application and 81 public comments, FMCSA denied both requests.

The agency said Project GAP did not provide enough information to show that its driver training is equivalent to the training required to earn a CDL.

FMCSA also said the organization did not explain how it would make sure drivers follow the federal Hours-of-Service rules if they were allowed to operate without ELD. Because of that, the agency concluded the proposed exemptions would not provide a level of safety equal to the current regulations.

FMCSA Says Other Options Already Exist

In its decision, FMCSA said federal regulations already provide some alternatives.

The agency noted that some existing ELD exceptions are already available in certain situations. It also said organizations can choose to use smaller commercial vehicles that do not require a CDL.

FMCSA added that it considered whether CDL and ELD requirements should be waived during emergency response operations when it updated its emergency relief rules in 2023. At that time, the agency decided there was not enough evidence to remove those safety requirements.