• By CDL Practice Pro Editorial Team

FMCSA Renews Covenant Exemption for Permit Holders Who Passed the Skills Test

If you hold a commercial learner's permit (CLP), the rule is that a CDL holder sits in the front seat next to you. FMCSA has renewed a narrow exemption to that rule for one carrier. Here is exactly what it covers.

What it is

On September 1, 2026, FMCSA published a notice of final disposition granting a renewal: Commercial Driver's License Standards: Landair Transport LLC d/b/a Covenant Logistics Application for Exemption. The document number is 2026-17878 (91 FR 56278), docket FMCSA-2024-0063. The exemption is effective July 30, 2026, and expires July 30, 2031.

The regulation in question is 49 CFR 383.25(a)(1). It requires a CLP holder to be accompanied by a CDL holder with the proper class and endorsements, who must be physically present in the front seat next to the CLP holder at all times and have the permit holder under observation and direct supervision.

What changes for drivers

This applies only to Covenant Logistics drivers. It is not a general change to the permit rules, and the notice says other applicants have received the same exemption in the past, including CRST Expedited, New PRIME, C.R. England, Wilson Logistics, and Werner Enterprises.

Under the exemption, a Covenant driver who holds a CLP and has passed the CDL skills test can drive a CMV without the CDL holder in the front seat, though the CDL holder stays in the vehicle, for no more than 30 days after passing the skills test. FMCSA's reasoning is that a driver who has passed the skills test is already eligible to get the CDL without more training, and the only remaining step is picking up the physical license from the licensing agency in the driver's state of domicile. The 30 days is meant to give time to travel there.

The terms and conditions in the notice include:

  • the driver must follow all other Federal Motor Carrier Safety Regulations;
  • the driver must have a valid state driver's license, the CLP with required endorsements, and documentation showing the skills test was passed;
  • the driver cannot be under an out-of-service order or have driving privileges suspended;
  • the accompanying CDL holder must hold the proper class and endorsements for the vehicle;
  • the driver must show the exemption document to enforcement officials on demand.

Covenant must also notify FMCSA within 5 business days of any accident involving its CMVs operating under the exemption. The exemption can be revoked if the terms are not followed, if safety gets worse, or if continuing it would not fit the goals of the safety statute.

The agency received ten comments. Eight opposed, including a joint comment from the Truck Safety Coalition and two other groups. The Truckload Carriers Association supported it. FMCSA said it was unaware of any evidence of lower safety linked to the existing exemption.

What to do about it

If you hold a permit with a different carrier, nothing changes for you. The front-seat rule in 383.25(a)(1) applies as written, so a CDL holder with the right class and endorsements still needs to ride next to you.

If you do drive for Covenant under this exemption, carry the exemption document and your skills test paperwork. If you are earlier in the process, our page on entry-level driver training explains what comes before the skills test.